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Resolution 2004- 33 RESOLUTION NO. 2004-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 04-01, A TENTATIVE MAP TO SUBDIVIDE APPROXIMATELY 1 ACRE INTO 6 RESIDENTIAL LOTS AND A PRIVATE PARK SITE LOCATED AT 8810 KERN AVENUE, APN 790-19-089 WHEREAS, Redline Corporation, the applicant, submitted TM 04-01, requesting a tentative map to subdivide approximately one (1) acre into six (6) residential lots and a private park site located at 8810 Kern Avenue, APN 790-19-089; 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 March 4, 2004, at which time the Planning Commission considered the public testimony, the Staff Report dated February 26,2004 ("Staff Report"), and all other documentation related to application TM 04-01, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on AprilS, 2004, at which time the City Council considered the public testimony, the Staff Report, a Supplemental Staff Report dated March 9, 2004, and all other documentation related to application TM 04- 01; and WHEREAS, the City Council determined that twenty-eight (28) conditions should be incorporated into the project as proposed by staff and recommended by the Planning Commission; and IGB0\620447.1 01-040504-04706089 -1- Resolution No. 2004-33 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 ofthe 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 surrounding development. 5. There is no substantial evidence in the entire record that the project 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 04-01 should be and hereby is approved, subject to the twenty- eight (28) conditions attached hereto as Exhibit A, and incorporated herein by this reference. SECTION II This Resolution shall become effective, and approval ofTM 04-01 granted, if, and only if, and upon the same date that Ordinance No. 2004-05 approving Z 04-01 becomes IGBOI620447.1 01-040504-04706089 -2- Resolution No. 2004-33 effective. If said Ordinance does not take effect, then TM 04-01, without further actions by the City Council, is denied. PASSED AND ADOPTED this 19th day of April, 2004 by the following AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE and PINHEIRO GARTMAN and VELASCO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: ~ bert PinheIro, Mayor ~~ Rhonda Pellin, City Clerk IGB0\620447.1 01-040504-04706089 -3- Resolution No. 2004-33 - e EXHIBIT A February 26, 2004 Z 04-01, TM 04-01, AS 04-01 8 r APPENDIX 1 APPENDIX 1: TENTATIVE MAP CONDITIONS: Plannin2 Division (contact Gre!!!! 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 wil1 be required prior to Final Map approval, readable by AutoCAD (IGES, DXF, DWG), containing lot and street layout and all City utilities. The&e files will be used to update the City's GIS system. 3. The retaining wall and fence around the outside boundary of the project will be constructed on the Dos Acres property. Dos Acres shall negotiate with each neighbor to insure that Dos Acres' fence will be the only remaining fence or that the neighbor has chosen for their existing fence to remain, in which case any gap between the two fences will be closed 'at the top of the lower fence by Dos Acres. 4. All newly constructed fence on the project perimeter will be a "good neighbor" fence meaning at the least, each adjacent fence panel will alternate facing in and then out. This does not preclude a double- faced fence. En2ineerin2 Division (contact Kristi Abrams 408-846-0450) These conditions are subject to the review and approval of the Engineering Division. 5. 10-foot public use Easement (PUB) is required at Kern Avenue. 6. All lots are to drain to the private street. 7. Overland release from the private street to Kern Avenue 8. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 9. All work is to be done in compliance with the City of Gilroy Specifications and Standards. 10. 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. 11. 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. 12. 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. 13. If the project has excess fill that will be off-hauled to a site within the city limits of Gilroy, an additional e e Z 04-01, TM 04-01, AS 04-01 9 February 26,2004 permit is required. This statement must be added as a general note to the Grading and Dtainage Plan. 14. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120. 15. 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). 16. The developer shall file a Final Map. 17. The developer shall submit an estimate of the probable cost of off-site improvements with the Final Map submittal. 18. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 19. In the event it is necessary to acquire off site 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. 20. 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. 21. 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. 22. 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. 23. All lots shall drain to the street for storm drainage. 24. 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. 25. Submit improvement plans for on-site and off-site (use City standards). . e Z 04-01, TM 04-01, AS 04-01 10 February 26,2004 26. Submit a hazard Material clearance for the underground tank removal. 27. Submit an Erosion Control plan and Stonn Water Pollution Prevention Plan. 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. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-33 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 19th day of April, 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 30th day of April, 2004. ~~. City Clerk ofthe City of Gilroy (Seal)