Resolution 2004- 03
RESOLUTION NO. 2004-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 03-01, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMATELY 1.9 ACRE SITE INTO 11
SINGLE-F AMIL Y RESIDENTIAL LOTS LOCATED ON THE
WEST SIDE OF CHURCH STREET ACROSS FROM
WOODWORTH WAY, APN 790-16-061
WHEREAS, Mark Hewell, the applicant, submitted TM 03-01, requesting a tentative
map to subdivide an approximately 1.9 acre site into eleven (11) single-family residential lots
located on the west side of Church Street across from Woodworth Way, APN 790-16-061; 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 03-01, 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-
01; and
WHEREAS, the City Council determined that forty (40) conditions should be
incorporated into the project as proposed by staff and recommended by the Planning
Commission; and
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Resolution No. 2004-03
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.
SECTION I
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.
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 adjacent small-lot single-family residences
in the surrounding area.
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. There is no substantial evidence in the record that the project will have a
significant effect upon the environment.
C. Tentative Map TM 03-01 should be and hereby is approved, subject to the forty
(40) conditions attached hereto as Exhibit A, and incorporated herein by this
reference.
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Resolution No. 2004-03
SECTION II
This Resolution shall become effective only if, and, upon the same date that Z 03-02,
Ordinance No. 2003-24 takes effect, and TM 03-01 is not approved unless and until Ordinance
No. 2003-24 takes effect.
PASSED AND ADOPTED this sth day of January, 2004 by the following:
AYES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO
and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
924-- /)
'l~'~A ~4--'
Rhonda Pellin, City Clerk
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Resolution No. 2004-03
EXHIBIT A
TENTA TIVE MAP CONDmONS (TM 03-0n
The applicant shall meet the following conditions, 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. The applicant, or successor in interest, must obtain Architecture and Site Review Planned Unit
Development approval for the development of the homes prior to the issuance of any building permits.
3. Landscaping plans including specifications for an irrigation system and project entryway features shall
be approved by the Planning Division in accordance with the adopted Consolidated Landscaping
Policy, prior to issuance of a building permit.
4. An established homeowner's association shall maintain all common landscaping areas and private
driveways.
5. 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.
The applicant shall meet the following conditions, subject to the review and approval of the Engineering
Division:
6. Landscaping plans shall be submitted for review and approval that include landscaping over the P.S.E.
near lots 8 and 9.
7. Handicap ramps shall be provided at the southwest comer of Taos Way/La Primavera Way and the
north side. of La Primavera Way in such a way that they line up to accommodate crossing La
Primavera Way.
8. A site distance study is required for the driveway on Church Street to determine adequate site distance
for exiting vehicles. If modifications to the bridge are required to provide adequate site distance, the
applicant shall be responsible for all design, permitting and construction of any necessary
modifications.
9. A homeowner's association shall be established to maintain the strip of land on the north side of La
Primavera Way and the private driveways.
10. The following shall be shown on the improvement plans:
a. A homeowner's association shall maintain the emergency vehicle easement.
b. Show various north property boundary cross-sections showing channel, fence, landscaping,
hardscapes, edge of roadways and driveway.
c. Show any channel service roadway, top of bank, etc. on cross-sections.
d. Depict the fence elevations on the north project boundary along the channel.
11. 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.
12. The developer shall pay all the costs of any land purchase for the ultimate right-of-way and easements
and secondary access. The developer shall, within 21 days after City Council approval of the tentative
map, deposit the estimated cost of all condemnation expenses with the City of Gilroy's Engineering
Division. All easements and rights-of-way must be dedicated and/or deeded to the City of Gilroy prior
to final map approval.
13. Prior to City Council approval of the Tract Map and Improvement Plans, the following items shall be
completed by the applicant and/or developer:
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; and
d. The City will collect the plan check and inspection fee for the utility underground work.
14. Prior to any construction of the utilities in the field, the applicant and/or developer shall submit the
following items to the City Engineering Division for review and approval:
a A signed and PG&E approved original electric plan; and
b. A letter from the design civil engineer that states that electrical plans conform to City Codes and
Standards, and with the approved subdivision improvement plans
15. All grading operations and 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
16. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara
Valley Water District (SCVWD)
17. A SCVWD permit may be required for any construction within or adjacent to the channel area
Improvement plans shall be sent to the district, and shall show grading, drainage, landscaping and
fencing. All plans shall be subject to review and approval by the Santa Clara V alley Water District.
18. The developer shall implement and follow the Santa Clara Valley Urban Runoff Pollution Prevention
Program's recommended Best Management Practices (BMP) for construction activities, as contained
in the California Storm Water Construction BMP Handbook.
19. The applicant shall provide the Santa Clara Valley Water District detailed topographic maps with the
existing channel alignment and rights-of-way for both channels to clarifY how much additional right-
of-way will be necessary.
20. The applicant shall provide the Santa Clara Valley Water District a hydraulic model to verify that the
existing channel hydraulics are not adversely impacted by the construction of the proposed project.
21. A Notice of Intent must be filed with the State Water Resources Control Board in compliance with the
National Pollutant Discharge Elimination System General Permit for storm water discharges
associated with construction activity.
22. A Storm Water Pollution Prevention Plan (SWPPP) must be prepared and submitted to the Santa Clara
Valley Water District for their review that includes measures to reduce the introduction of pollutants
into storm water runoff
23. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements.
24. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections
and widths shall be subject to the review and approval of the Engineering Division.
25. All utilities, to, through and on the site shall be constructed underground, m accordance with
Municipal Code Section 21.120.
26. 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.
27. 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 designed by a licensed civil engineer.
28. 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.
29. The Engineering Division shall approve all hydrant locations and water main sizing prior to building
permit issuance. Equipment and staffing shall be provided for watering of all exposed or disturbed soil
surfaces at least twice daily. An appropriate dust palliative or suppressant, added to water before
application, shall be utilized, subject to review and approval by the Building, Life, and Environmental
Safety Division.
30. The developer shall submit improvement plans with the Final Map submittal.
31. The developer shall submit an estimate of the probable cost of off-site improvements with the Final
Map submittal.
32. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final
Map recordation.
33. Separate review, approval and permit is required for all joint trench (underground utility) plans
The applicant shall meet the folloWing conditions, subject to the review and approval of the Fire Division:
34. A deed restriction shall be placed on lots 1, 2, 7, 8 & 9 requiring the residences to be provided with
residential fire sprinklers. The Final Map must have a paragraph reading "Lots 1, 2, 7, 8 and 9
require residential fire sprinklers to mitigate the restricted access to these lots."
35. Private streets shall be posted as no parking on both sides and the curbs must be painted red. A no
parking maintenance and enforcement plan shall be provided for the homeowner's association to
implement. The Final Map must have a paragraph reading "Private streets to be kept clear. No
parking signage and red curbs shall be provided. The homeowners are responsible for keeping
driveways clear."
36. The Emergency Vehicle Access (EV A) is to be maintained driveable per Fire Department Standards
by the homeowner's association until such a time that the EV A is converted into a street. An access
agreement shall be filed to ensure that the EV A is maintained. The Final Map shall have a paragraph
that reads "The EVA shall be maintained driveable for the Fire Department use until such a time
that a permanent all-weather street is installed. Gates shall be approved by the Fire Department
and they shall be provided with KNOX locks."
37. Street Hydrants shall be spaced every 300 ft.
38. On-site hydrants shall be provided within 150 ft of any portion of a building. Each parcel shall have
its own connection to the public water main for its hydrant and fire sprinkler water supply. Large
complexes shall have looped fire water systems. Hydrants, FDC and PIV to be at locations approved
by the Fire Marshal. FDC's shall be within 40 ft of a hydrant and hydrant to be on the same side of the
fire access road as the FDC.
39. Roadways and driveways shall provide a minimum 20 feet of unobstructed travel. Turns shall provide
an inside turning radius of 39 ft. No parking zones signage and curb painting shall be maintained in
good condition.
40. Driveable access shall be provided within 150ft of any building pad. Access completely around
buildings is desirable. Dead end streets or access in excess of 150 ft shall be provided with a turn
around that meets the Fire Department Standard template,
M~ssage
Page. 1 of 1
Rhonda Pellin
From: Cindy Murphy
Sent: Thursday, December 18, 2003 4:22 PM
To: Exempt Employees
Cc: Arlene Jeske
Subject: FW: Berliner Statements for City of Gilroy
As promised, here are the rates from Berliner Cohen, You will be receiving invoices from Finance in
the next few days, which now reference these rates. Give me or Linda a call with any questions.
Cindy Murphy
Finance Director
-----Original Message-----
From: Callon, Linda A. [mailto:linda.callon@berliner.com]
Sent: Thursday, December 18, 2003 3:52 PM
To: Cindy Murphy
Cc: Faber, Andy L.
Subject: Berliner Statements for City of Gilroy
As we discussed in following up on our meeting with City staff, the individual bills should now state the billing
rates. Under our contract with the City, there are two different billing rates for files. Almost all of the files are at
the general City Attorney matters rate, which through June 30, 2004, is $204 per hour for attorneys (a heavily
discounted rate) with paralegals at normal rates. (Usually the paralegal for Gilroy is Grace Bothne, whose rate is
$115 per hour.)
A second type of matter is billed at a higher rate because it involves an extraordinary or complicated issue, such
as the Newman and Regency Development Agreements, and the Olin file. These are billed at the firm's normal,
published rates, and then a 10 percent discount is given. So there should be a list of attorneys on these files that
show their actual Berliner rates, then the total bill at the end is discounted by 10%.
Finally, we do not charge the City word processing time as is the usual practice for attorneys and engineering and
other consulting firms, and nor do we charge separately for secretarial or administrative or filing time, as is usual
with consultants. Those costs are reflected in the billing rates for professionals. We also charge photocopies at
only 10c each, rather than marking up the service.
Hope this helps. Please call with any questions. Thanks LINDA
Unda A. Callon
Berliner Cohen
Direct: (408) 938-2530
Fax: (408) 998-5388
Main: (408) 286-5800
12/18/2003
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-03 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
5th day of January, 2004, 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 10th day of February, 2004.
~2
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City Clerk of the City 0 'lroy
(Seal)