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Resolution 2004- 51 RESOLUTION NO. 2004-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 03-04, A TENT A TIVE MAP TO SUBDIVIDE APPROXIMATELY 14.47 ACRES INTO 26 LOTS LOCATED ON THE NORTH SIDE OF CYPRESS COURT WEST OF JUNIPER DRIVE, APNS 808-01-012, 015 AND 808- 02-033 WHEREAS, Orchard Valley Communities c/o Cliff Johnson, the applicant, submitted TM 03-04, requesting a tentative map to subdivide approximately 14.47 acres into twenty-six (26) lots comprised of twenty-four (24). senior detached duet lots, with one (1) lot for multifamily use, and an approximately 7.7 acre commercial parcel located on the north side of Cypress Court west ofJuniper Drive, APNs 808-01-012, 015 and 808-02-033; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Final Environmental Impact Report ("EIR") was prepared for the City of Gilroy General Plan Update and certified by the City Council on June 13, 2002 in compliance with CEQA; and the Council adopted CEQA findings and a Statement of Overriding Considerations in Resolution No. 2002- 41, and adopted a mitigation/monitoring program; and WHEREAS, pursuant to CEQA, California Public Resources Code section 21093, the City has determined that tentative map TM 03-04 is consistent with the Final EIR for the General Plan Update; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 5, 2004, at which time the Planning Commission considered the public testimony, the Staff Report dated January 28, 2004 ("Staff Report"), and all other documentation related to application TM 03-04, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on May 3, 2004, at which time the City Council considered the public testimony, the Staff Report, Supplemental \GBO\624197,1 01-051604-04706089 -1- Resolution No. 2004-51 Staff Reports dated February 24,2004, March 12,2004, April 12,2004, and April 23, 2004, and all other documentation related to application TM 03-04; 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. SECTION I NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds as follows: 1. The project is substantially consistent with the land use designation and consistent with 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 surrounding development. 5. There is no substantial evidence in the entire record that the proj ect 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 03-04 should be and hereby is approved, subject to the conditions attached hereto as Exhibit A, and incorporated herein by this reference, and subject to the mitigation measures and mitigation/monitoring program set IGB01624197.1 01-051604-04706089 -2- Resolution No. 2004-51 forth in CEQA Res. No. 2002-41 adopted in conjunction with the General Plan approval. SECTION II This Resolution shall become effective, and approval of TM 03-04 granted, if, and only if, and upon the same date that Ordinance No. 2004-07 approving Z 03-14A becomes effective. If said Ordinance does not take effect, then TM 03-04, without further actions by the City Council, is denied. PASSED AND ADOPTED this ih day of June, 2004 by the following AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~€Yor - A:rST: / ~c~wti,-G?~. Rhonda Pellin, City Clerk IG801624197.1 01-051604-04706089 -3- Resolution No. 2004-51 EXHIBIT A TENTATIVE MAP CONDITIONS The applicant shall meet the following conditions, subject to the review and approval of the Planning Division, Cydney Casper (408-846-0440): 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. A reciprocal access agreement must be recorded and provided to the City prior to final map approval. 6. 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. 7. The following language shall be included on any permits issued at the project site, subject to the review and approval of the Gilroy Engineering and Building Divisions. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays." The applicant shall meet the following conditions, subject to the review and approval of the Engineering Division, Kristi Abrams (408-846-0450): 8. The City is currently reviewing its policy on utility ownership in private developments. Therefore, the development may be required to privately own and maintain the storm sewer and water system. In addition, if the water system is not private the City may require the onsite system to be looped and a connection made to the water line on First Street. ) Note: the water main on First Street may need to be upgraded.. 9. The sewer shall be designed and constructed to provide sanitary sewer to parcel at First Street. 10. A sewer easement benefiting the parcel adjacent to First Street shall be provided on the final map. 11. Ponderosa/Cypress Court shall be built to standard City intersection. The developer shall provide all necessary documents and pay any fees associated with the relinquishment of public right of way. 12. Acquisition of APN 808-02-033 is required prior to final map. 13. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides, 14. All work is to be done in compliance with the City of Gilroy SpecifICations and Standards. 15. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be by City Standard and the most current Master Plan for streets and each utility. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. 16. 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. 17. 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. 18. If the project has excess fill or cut that will be off-hauled to a site or on-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. 19. New and existing utility lines to, through and on the site, and 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. 20. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 21. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final Map submittal. 22. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 23. In the event it is necessary to acquire offsite easements or street rights-of-way, the owner shall enter into an agreement to pay all condemnation costs, if necessary, for dedication of the easements or street right-of-way prior to final map approval. The owner shall enter an agreement with the City agreeing to pay all condemnation costs. This agreement shall be recorded and 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. 24. 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. 25. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: a) 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 or Electrical. b) A note shall be placed on the plans 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. 26. A current Title Report shall be submitted for review to the City prior to final map approval. 27. Prior to any construction of the dry 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 professional engineer-signed and PG&E-approved original electric plan. b) A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. 28. 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 29. All lots shall drain to the street for storm drainage. 30. Improvement plans are required for all on-site and off-site improvements. 31. Submit a Hazard Material clearance for any underground tank removal. 32. A Notice of Intent shall be filed with the Regional Water Quality Control Board with a copy to the City and an Erosion Control plan and Storm Water Pollution Prevention Plan shall be submitted to the City. 33. 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. 34. Any existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD) 35. 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. 36. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. 37. 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. 38. All utilities, to, through and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120. 39. All retaining walls must be constructed of permanent materials such as concrete or masomy, and shall be of a modular design; wood shall not be permitted. 40. 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. 41. 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. 42. The developer shall submit improvement plans with the Final Map submittal. 43. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 44. Separate review, approval and permit is required for all joint trench (underground utility) plans. 45. The applicant shall be required to install a stop sign at the intersection of Cypress Court and Westwood Drive, subject to the determination of need and approval by the City Engineer. 46. The boundary of the final map shall include the entire 20' wide parcel adjacent to the development. The entire 20' wide parcel shall become a part of the adjacent parcels. Owner shall enter into an agreement to pay all condemnation costs if necessary for the acquisition of APN 808-01-015. Said condition shall require that within 21 days of final map approval owner shall deposit with the City an initial cash deposit as determined by the City. Owner shall be responsible for all condemnation costs. 47. Street improvements on First Street shall be installed at the sole cost of the owner of parcel 4. Street improvements shall include curb, gutter sidewalk, storm drain and street lighting. The timing of said improvements shall be determined by the following: a. At such time that the parcel at the south east corner of Santa Teresa and First Street (APN 808-01-005) is improved. Exact timing shall be at the discretion of the City Engineer, Or b. At such time that Parcel 4 is developed. The above improvements shall be subject to the following additional condition. The house that is shown in the right-of-way dedication on First Street shall be allowed to remain until the death of Annina Benassi. At a reasonable time following her death, as determined by the City Engineer, the owner of the property shall demolish the house. If either parcel 4 or APN 808-01-005 develops prior to the death of Annina Benassi the developer shall be required to build street improvements up to the structure of the house and once the house is demolished the developer shall be required to remove and reinstall the improvements around the house to the satisfaction of the City Engineer. All design, demolition, construction and inspection costs shall be solely borne by the owner of parcel 4. 48. The offer for dedication on First Street shall be an irrevocable offer of dedication and shall follow the right-of-way line shown on the tentative map. The applicant shall meet the following conditions, subject to the review and approval of the Fire Division, Jacqueline Bretschneider (408-846-0430): 49. Hydrants shall be placed so that a hydrant is available for every 300 lineal feet of street. Hydrants installed so that buildings are within 150 ft of a hydrant. Fire hydrant location to be reviewed and approved by the Fire Marshal prior to final map. 50. Secondary Fire access gate to Commercial Area shall be provided with an all weather access road through the commercial area. Gates shall be provided with a KNOX gate lock. 51. Duets are subject to installation of a NFP A 13 D residential fire sprinkler system. Apartments to be provided with a 13R fire sprinkler system. 52. Roadways shall provide a minimum 20 feet of unobstructed travel. When roadside parking is restricted there shall be signage and curbs painted red. Signage and curb painting shall be maintained in good condition. Final Map shall show no parking areas and shall provide a note indicating that: " No Parking Areas are for providing adequate emergency vehicle access. They shall be enforced by the HOA and that the red curbing and signage shall be maintained in good condition." The applicant shall meet the following conditions, subject to the review and approval of the Building, Life and Environmental Safety Division, Jim Fruit (408-846-0430): 53. Cross drainage easements shall be recorded for the three-foot separation area between the senior units prior to final map approval. 54. The three-foot separation area between the senior units shall be constructed as a concrete V -ditch to facilitate drainage. No obstruction of the drainage to the public way is allowed. 55. The front fence proposed in the three-foot separation area between the senior units shall be eliminated. 56. A deed restriction shall be placed on each of the senior unit parcels prohibiting any storage in the three-foot separation area and that the area shall be kept clean and free of any debris that would obstruct drainage. 57. No building eaves shall encroach into the three-foot separation area between the senior units. 58. All building walls along the three-foot separation area between the senior units shall be constructed of one-hour fire rating with no openings or penetrations of any kind. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-51 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 7th day of June, 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 29th day of June, 2004. ~lfltdA ~~, City Clerk of the City of Gilroy (Seal)