Resolution 2003-80
RESOLUTION NO. 2003-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 03-03, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMATELY 4.12 ACRE SITE INTO 14
SINGLE-FAMILY RESIDENTIAL LOTS LOCATED AT 9195
WREN AVENUE ON THE SOUTHWEST CORNER OF
TATUM AVENUE AND WREN, APN 790-17-011
WHEREAS, Stewart Fahmey[/Calendev LLC], the applicant, submitted TM 03-03,
requesting a tentative map to subdivide an approximately 4.12 acre site into fourteen (14) single-
family residential lots located at 9195 Wren Avenue on the southwest comer of Tatum Avenue
and Wren, APN 790-17-011; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for infill development projects pursuant to CEQA Guidelines Section 15332, which
applies to this project; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
November 6,2003, at which time the Planning Commission considered the public testimony, the
Staff Report dated October 29, 2003 ("Staff Report"), and all other documentation related to
application TM 03-03, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on November 17,2003,
at which time the City Council considered the public testimony, the Staff Report, a supplemental
Staff Report dated November 7,2003, and all other documentation related to application TM 03-
03; and
WHEREAS, the City Council determined that forty-two (42) conditions should be
incorporated into the project as proposed by staff and recommended by the Planning
Commission; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds as follows:
1. The project is consistent with the land use designation and the intent of the
goals and policies of the General Plan.
IGBOI608764.1
01-112503-04706089
-1-
Resolution No. 2003-80
2. The project is consistent with the Zoning Ordinance, the City's
Subdivisions and Land Development Code, and the State Subdivision Map Act.
3. Public utilities and infrastructure improvements needed to serve the
proposed project are in close proximity.
4. The project is consistent with surrounding development.
5. There is no substantial evidence in the entire record that the proj ect as
mitigated will cause a significant environment effect.
6. There are no facts to support the findings requiring denial of the proposed
tentative map pursuant to California Government Code section 66474.
B. Tentative Map TM 03-03 should be and hereby is approved, subject to the forty-
two (42) conditions attached hereto as Exhibit A, and incorporated herein by this reference.
PASSED AND ADOPTED this 1 st day of December, 2003 by the following
AYES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and
SPRINGER
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ATT~: , i)
~~~..,--.
Rhon a Pellin, City Clerk
IGBOI608764.1
01-112503-04706089
-2-
Resolution No. 2003-80
,"
EXHIBIT A
TM 03-03
3
10/29/03
RECOMMENDATION
Staff recommends that the Planning Commission forward a recommendation of APPRO V AL to the City Council
for this Tentative Map. based on the above staff analysis.
This recommendation is made for the following reasons:
A. The proposed Tentative Map is consistent with the intent of the goals and policies of the City's
General Plan document.
B. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and
Land Development Code, and the State Subdivision Map Act.
C. Public utilities and infrastructure improvements needed in order to serve the proposed project are in
close proximity.
D. This project is Categorically Exempt from CEQA.
E. The proposed project is consistent with surrounding development.
Plannin2 Division (contact Gre22 Polubinskv 408-846-0440)
These conditions are subject to the review and approval of the Planning Division.
1. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission,
agents, officers, and employees from any claim, action, or proceeding against the City or its City
Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an
approval of the City, City Council, Planning Commission, or other board, advisory agency, or
legislative body concerning this subdivision. City will promptly notify the subdivider of any claim,
action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed
pursuant to California Government Code Section 66474.9.
2. Vector based e-files will be required prior to Final Map approval, readable by AutoCAD (IGES, DXF,
DWG), containing lot and street layout and all City utilities. These files will be used to update the
City's GIS system.
En2ineerin2 Division (contact Kristi Abrams 408-846-0450)
These conditions are subject to the review and approval of the Engineering Division.
3. All work to be done under City of Gilroy Specifications and Standards.
4. Street improvements and the design of all stonn drainage, sewer and water lines, and all street sections
and widths shall be by City Standard. The developer shall provide full street, curb, gutter, sidewalk and
electrolier improvements.
5. All grading operations arid soil compaction activities shall be per the approved soils report and shall
meet with the approval of the City Engineer. Grading plans shall show grades of all adjacent
properties.
6. Certification of grades and compaction required prior to Building final (add as a general note on the
Grading and Drainage Plan).
TM 03-03
4
10/29/03
7. If the project has excess fall that will be off-hauled to a site within the city limits of Gilroy, an additional
pennit is required (add as a general note on the Grading and Drainage Plan).
8. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal
Code Section 21. 120.
9. Installation of underground utility lines, etc.: exceptions. New and existing utility lines, appurtenances
and associated equipment, including, but not limited to, electrical transmission, street lighting, and cable
television and telephone shall be required to be placed underground as required in Article V of this
chapter starting with section 21.111 (Ord. #81-11, & 1,3-16-81; Ord. #89-17, & 1, 10-16-89).
10. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara
Valley Water District (SCVWD).
11. The developer shall file a Final Map.
12. The developer shall submit an estimate of the probable cost of off-site improvements with the Final
Map submittal.
13. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map
recordation.
14. In the event it is necessary to acquire offsite easements or street rights-of-way, prior to Final Map
approval the owner shall enter into an agreement to pay all condemnation costs, if necessary, for
dedication of [the easements or street right-of-way]. The owner shall place a note on the Final Map
agreeing to pay all condemnation costs. This agreement shall require the owner to deposit all
condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to
provide an initial cash deposit as determined by the City.
15. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be
completed:
A. A signed original composite plan by the electrical design engineer shall be a part of the
improvement plans.
B. A letter from the subdivision design civil engineer shall be prepared which states that the
composite plan agrees with City Codes and Standards and that no underground utility conflict
exists.
C. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City.
D. The City will collect the plan check and inspection fee for the utility underground work.
16. Prior to any construction of the utilities in the field, the following will need to be supplied to the City:
A. A signed and PG&E-approved original electric plan.
B. A letter from the design Civil Engineer that states the electrical plan conforms to City Codes and
Standards, and to the approved subdivision improvement plans.
17. All retaining walls must be constructed of permanent materials such as concrete or masonry, and shall
be of a modular design; wood shall not be permitted.
18. All lots shall drain to the street for storm drainage. .
TM 03-03
5
10/29/03
19. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone,
cable television, and communication conduits and cables including the size, location and details of all
trenches, locations of building utility service stubs and meters and placements or arrangements of
junction structures as a part of the Improvement Plan submittals for the project. The composite
drawings and/or utility improvement plans shall be signed by a licensed civil engineer.
20. Submit improvement plans for on-site and off-site (use City standards).
21. Submit a hazard Material clearance for the underground tank removal.
22. Sub,rut an Erosion Control plan and Storm Water Pollution Prevention Plan.
23. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities subject to
the review and approval by the Engineering Division and the utility companies.
24. City checkprint must be returned with revisions.
25. All previous review comments shall apply unless otherwise specified in writing.
26. Drainage for this map and adjacent lands to the west will use drainage easement or slope easement to
eliminate wall.
27. Utilities to be located at lot-to-Iot property lines. Place utilities on a separate sheet.
28. Street lights will be located a minimum 150' O.C.
29. Transformers and switchgear shall be sub-surface.
30. Tatum Avenue to be improved curb to curb.
31. Dedicate additional right of way plus 10-foot public use easement along project frontage at Tatum
(local road) and Wren (arterial road) to conform to City standards. (Note: bike lane on Wren.).
32. All buildings across the new parcel lines shall be removed prior to the approval of the final map.
33. The new Ronan roadway section shall be perpendicular to Wren Avenue for a minimum of 50-feet from
BC at Ronan radius.
34. Certification of Erosion Control is needed prior to October 15th and to continue to April 15th (add to
. general notes on Title sheet of plans)
35. Certification ofimprovement on site plans required prior to Building final (add to general notes on Title
sheet of plans)
36. Certification of grades and compaction required prior to Building final (add to general notes on Title
sheet of plans)
Community Services Deoartment (contact Todd Barreras 408-846-0460)
These conditions are subject to the review and approval of the Community Services Department.
37. Street trees shall be required according to the City's Consolidated Landscape Policy. Contact the
Community Services Department for requirements on placement, species and maintenance. A street
tree permit shall be obtained prior to obtaining a building permit.
. ..
TM 03-03
6
10/29/03
Fire Manhal (contact J. Bretschneider at 846-0430)
These conditions are subject to the review and approval of the Fire Marshal.
38. Street Hydrants shall be spaced every 300 feet.
39. Provide a public Fire Hydrant on the map IFO lot 9 on Wren and IFO lot 10 on Ronan.
40. Add language to map cover page as follows:
"The private driveway to lots 3 & 6 shall be maintained with red curbing and no parking signs.
Property owners shall be responsible for maintaining the access unobstructed."
41. Provide signage at comers of Ronan and Wren indicating that the street is a dead end. Final Map shall
indicate ''Not a through Street- Dead End" to be posted.
Police (contact Daniel Castaneda at 846-2841)
These conditions are subject to the review and approval of the Police Department.
42. Lots 3 and 6 must be addressed at the drive entrance from the street on a monument internally
illuminated or other means acceptable to the Police Department.
. .am Faus
, . Planning Division Manager
bfauS@ci.gilroy.ca.us
\
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2003-80 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
1st day of December, 2003, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 29th day of December, 2003.
~ "J
/ ..~~,-'
City lerk of the City of Gilroy
(Seal)