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
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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
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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
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EXHIBIT A
February 26, 2004
Z 04-01, TM 04-01, AS 04-01
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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
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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).
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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.
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City Clerk ofthe City of Gilroy
(Seal)