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Resolution 2004- 12 RESOLUTION NO. 2004-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 03-06, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 3.74 ACRE SITE INTO 18 RESIDENTIAL LOTS AND A PRIVATE PARK SITE LOCATED AT 240 FARRELL AVENUE, APN 790-12-016 WHEREAS, Carriage Park/James Suner, the applicant, submitted TM 03-06, requesting a tentative map to subdivide an approximately 3.74 acre site into eighteen (18) residential lots and a private park site located at 240 Farrell Avenue, APN 790-12-016; 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 January 8, 2004, at which time the Planning Commission considered the public testimony, the Staff Report dated December 18, 2003 ("Staff Report"), and all other documentation related to application TM 03-06, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on January 20,2004, at which time the City Council considered the public testimony, the Staff Report, a Supplemental Staff Report dated January 13,2004, and all other documentation related to application TM 03- 06; 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 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 ofthe IGB01615223.1 020904-04706089 -1- Resolution No. 2004-12 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. 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 proj ect are in close proximity. 4. The project is consistent with surrounding development. 5. There is no substantial evidence in the entire record that the project 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 03-06 should be and hereby is approved, subject to the forty (40) conditions attached hereto as Exhibit A, and incorporated herein by this reference. This Resolution shall become effective, and approval of TM 03-06 granted, if, and only if, and upon the same date that Ordinance No. 2004-02 approving Z 03-16 becomes effective. If said Ordinance does not take effect, then TM 03-06, without further action by the City Council, is denied. IGB01615223.1 020904-04706089 -2- Resolution No. 2004-12 PASSED AND ADOPTED this 17th day of February, 2004 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: . /) . ~tCuu^- Rho da Pellin, City Clerk IGB01615223.1 020904-04706089 CORREA, MORALES, PINHEIRO DILLON, GARTMAN, VALIQUETTE, and VELASCO NONE APPROVED: ~ -3- Resolution No. 2004-12 EXHIBIT A: TENTATIVE MAP CONDITIONS 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. 3. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 4. All work is to be done in compliance with the City of Gilroy Specifications and Standards. 5. Street improvements and the design of all storm 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. 6. 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 the grades of all adjacent properties. 7. Certification of grades and compaction is required prior to building permit final. This statement must be added as a general note to the Grading and Drainage Plan. 8. If the project has excess fill that will be off-hauled to a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 9. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120. 10. 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). 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 TM 03-06 2 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. 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. Submit 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. The City checkprint must be returned with revisions. 25. All previous review comments shall apply unless otherwise specified in writing. 26. All existing water wells shall be sealed to meet the approval of the Santa Clara Valley Water District (SCVWD). Shall also meet the approval of the City Engineer. 27. Incorporate requirements from the Santa Clara Valley Water District as outlined in the memo dated November 6,2003 and the letter dated July 15, 2003 (attached). 28. The driveway at Farrell shall be located at the westerly edge of the proposed project. 29. Eliminate mainlines in cuI de sacs and move meters to main street eliminating 3 dead-ends. 30. Eliminate mainline stub at lots I and 2. Move services. 31. Coordinate with the City the bridge widening project at the easterly Farrell property location. 32. Provide lO-foot P.u.E. at Farrell property line. 33. Provide dedication for Farrell Bridge widening and at property frontage along Farrell. 34. All previous comments not addressed still apply once the map and improvement plans are submitted. 35. Hydrants are required to be spaced 300 ft. In addition a hydrant shall be located at the turn around. TM 03-06 3 Final hydrant location to be reviewed and approved by the Deputy Fire Marshal prior to final map filing. 36. The turn around shall meet an approved City Standard Turn around. Turn around to be shown on final map with correct dimensions, red curbing and no parking signage. 37. Private roadway shall be posted for no parking and curbs painted red. Signage and curb painting shall be maintained in good condition. A parking enforcement plan shall be provided by the developer for the HOA to follow. The parking enforcement plan shall be provided to the Deputy Fire Marshal for review and approval prior to the final inspection of the first unit built. 38. Final map to include a paragraph that reads: "Red curbing and signage shall be maintained by the Home Owners. Parking enforcement shall be implemented by the Homeowners to ensure that the turn around and streets maintain the approved Fire Access". 39. The Fire Department Turn Around shall meet the minimum Fire Department template. 40. The Building Division has attached conditions of approval dated November 3, 2003. City of Gilroy Community Development Department BLES Division - Building 408 846-0430 - Fax: 408 846-0429 Owner: James Suner Project address: 240 Farrell Ave Scope of Work: 18 Single family Dwellings Planning #:03100037, A-S 03-33, TM 03-06 Date: 11-03-2003 Plan checker: Jane Alexander The Building Division has performed a cursory review of preliminary plans submitted to the Planning Division for the application noted above. The plans will require compliance with the following informational items and conditions of approval at the time of building permit submittal: CONDITIONS FOR SITE: . Handicapped parking is to be provided; and meet the 2001 CBC 1118Al. CONDITIONS FOR PERMIT: . Separate plan and permit are required for detached retaining and sound walls. . Separate plan with construction details are required garden walls. . Separate plan and permit are required for detached trash enclosures DESIGN PROFESSIONAL -This project will require a State of California registered design professional to design, stamp and wet sign the construction plans. In order in review, please provide the following: . Deferred submittals and Special inspection requirements shall be located on the Title page of the plans. . A fully dimensioned plot plan with distance to property lines/setbacks. . Distance between structures. . Building Area. . Type of construction. . Occupancy . Slopes and grade. . Show the location of all entrances and exits. . Locate all utilities on site plan. . Show emergency egress to the public way. G:\COMDEV\View _ Objectslzoning\03100037\BLDG-03100037-Carriage Park-240 Farrell Ave.DOC BUILDING CODES - All construction shall comply with Building, Mechanical, Plumbing, Electrical, T-24 Energy and Accessibility, and City codes in effect at the time of issuance of the building permits resulting in actual construction. Put the version used for the design on the plans. All work shall conform to local ordinances and the following: . 2001 California Building Code. . 200 I California Electrical Code. . 200 I California Mechanical Code. . 200 I California Plumbing Code. SOILS REPORT - A soils report shall be submitted containing design recommendations for footings, retaining walls, and make provisions for anticipated differential settlement. FEMA - This project may be in a flood zone and must meet the City of Gilroy "Floodplain Management Ordinance" #98-16. FOUNDATIONS - All mitigation measures and design recommendations identified in the soils report approved by the Building Official, MUST be reviewed by the soils engineer of record for conformance. Structural foundation design plans must also be reviewed by the soils Engineer of record for conformance to recommendations contained within the soils report. FOUNDATION INSPECTIONS - Prior to requesting a Building Department foundation inspection, the soils engineer shall inspect and approve the mitigation measures and the foundation excavations. The soils engineer shall submit documentation to the Building Division which verifies compliance with the recommendations specified in the soils report. SPECIAL INSPECTIONS - In addition to the inspections by CBC Sec. 108, the owner or the engineer or architect of record acting as the owners agent shall employ one or more special inspectors who shall provide special inspections when required by CBC section 1701. Please contact the Building Division at the time of plan submittal to obtain an application for special inspections. STRUCTURAL CALCULATIONS - Provide Structural Calculations verifying compliance with all applicable provisions of the Uniform Building code Chapter 16. Prior to request for final inspection, written verification by the engineer of record indicating conformance with the structural design shall be submitted to the Gilroy Building Division. DEMOLITION - Demolition permits will be issued in accordance with City Ordinance. Prior to permit issuance: Submit a plot clearly showing the location and the portion of building or the building to be demolished, a completed application for Demolition, a Bay Area Air Quality Management District "f' number, and obtain approval from the Building Official for the scope of work. The forms necessary are available at the Building Counter. Any Building over 50 years old may also require Historic Heritage Committee approval prior to demolition. Check with the Planning Division for any additional requirements. G:\COMDEV\View _ Objects\zoning\03100037\BLDG-03100037-Carriage Park-240 Farrell Ave.DOC . Prior to demolition permit issuance a letter of Utilities Disconnect from PG&E must be submitted to the Building department. . Prior to demolition, a pre-site inspection is required by the Building Department to verify the utilities, water and sewer lines have been capped off within (5) five foot of the property line. . Prior to demolition a site plan shall be submitted to the Building Department showing the location of any water pumps, wells, septic tanks, leech lines or structures on site. GRADING AND SHORING - A site development permit shall be required for all grading and shoring work. Shoring plans, calculations, etc., must be reviewed and approved by Building Division. NOTICE OF EXCAVATION - Prior to excavation, adjoining landowners shall be given notice of the date, location, and extent of excavation in conformity with Section 832 of the Civil Code and copies shall be provided to the Building Official prior to issuance of grading permit. SANITATION - In assembly buildings, bathroom facilities must meet the number of fixtures required by State and Federal regulations. Assembly facilities and buildings are required to provide higher number of fixtures in women's bathrooms. . In our adopting Ordinance #2002-26, we adopted the entire 2001 California Plumbing Code (Table 4-1) and the 2001 California Building Code Appendix Table 29-A. Plumbing Code Table 4-1 is also adopted by the State Architects Office. In determining how many fixtures are required, we use the most restrictive. Section 413.3 of the Plumbing Code and the Building Code both allow a restroom usable by either sex when the occupant load is less than 10 persons customers. T -24 ACCESSIBILITY - The developer shall comply with all applicable provisions of Chapter 11 of the California Building Code (Title 24) for Disabled Access. . Accessible parking spaces are required to meet the CBC. 1129B . Accessible parking should be located at the shortest route of travel to the accessible entrance. 1129Bl . Provide accessible parking spaces to meet Table 1IB-7. . Where single spaces are provided, the unloading access aisle must be placed on the passenger side. 1129B.4.1 . One in every eight accessible spaces, but not less than one, shall be designed for van accessibility. 1129B.4.2 . The disabled cannot go behind other parked cars. 1129B4.3 . Show the slope of the accessible parking space and unloading area to meet 1 I 29B.4.4. . Provide signage to meet I 129B.S . All entrances and exterior ground-floor exit doors to buildings shall be made accessible to persons with disabilities. . Distribute the accessible parking near accessible entrances. . Provide an accessible path of travel between accessible parking and tenant space. . Provide an accessible path of travel to the public right of way including the nearest bus stop. . Any walking surfaces with a slope greater than 1 :20 will be considered a ramp and designed as such. . Pedestrian walkways must conform to requirements for accessibility (path of travel, slopes of ramps and walkways, etc.). G:\COMDEV\ View _ Objectslzoning\03100037\BLDG-03100037-Carriage Park-240 Farrell Ave.DOC BUILDING SECURITY - Provide details to show how the conditions of the Building Security Ordinance # 85-17 will be met. ADDRESS - Provide proper address for proposed project on each page of plans prior to submission of plans for initial building plan check. Provide Assessors Parcel number on title page. PRE-CONSTRUCTION CONFERENCE - A pre-construction conference shall be held at a time and location agreed upon by the City and applicant for the purpose of review and approval of construction procedures. The building owner/developer shall be represented by his designer and construction staff The City will be represented by departments having conditions of approval on the project. NOTE: Additional Comments may be added any time due to incomplete plans, plan changes and mistakes, errors or omissions. G:ICOMDEV\View _ Objectslzoning1031000371BLDG-03100037-Carriage Park-240 Farrell Ave.DOC I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-12 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 17th day of February, 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 9th day of March, 2004. ~~, City Clerk of the City of Gilroy (Seal)