Resolution 2004- 75
RESOLUTION NO. 2004-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 04-04, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMATELY 2.5 ACRE SITE INTO 12
RESIDENTIAL LOTS ON A SITE LOCATED AT 6555
MONTEREY ROAD, APN 799-46-007
WHEREAS, The James Group c/o James Suner, the applicant, submitted TM 04-04,
requesting a tentative map to subdivide an approximately 2.5 acre site into twelve (12) single-
family residential lots on a site located at 6555 Monterey Road, APN 799-46-007; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for in-fill 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 July 1,
2004, at which time the Planning Commission considered the public testimony, the Staff Report
dated June 17,2004 ("Staff Report"), and all other documentation related to application TM 04-
04, and unanimously recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on July 17, 2004, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application TM 04-04; 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.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds as follows:
1. The project is consistent with the land use designation for the property on
the General Plan map (Low Density Residential).
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RESOLUTION NO. 2004-75
2. The project is consistent with the intent of the goals and policies of the
City's General Plan.
3. The proposed development is consistent with the Zoning Ordinance and
the City's Subdivisions and Land Development Code.
4. The proposed density is consistent with the Zoning Ordinance and General
Plan density range for Low Density Residential (Rl) development.
5. Public utilities and infrastructure improvements needed to serve the
proposed project are in close proximity.
6. There is no substantial evidence in the record as a whole that the project
will cause a significant effect on the environment.
7. 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 04-04 should be and hereby is approved, subject to the
conditions attached hereto as Exhibit A, and incorporated herein by this reference.
PASSED AND ADOPTED this 2nd day of August, 2004 by the following vote:
AYES: COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO
and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~
Rhonda Pellin, City Clerk ~
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RESOLUTION NO. 2004-75
TM 04-04
EXHIBIT A
Ervin Court
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
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. Sound attenuation along Monterey Road shall comply with the City's Sound
Attenuation Policy.
5. 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."
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.
The applicant shall meet the following conditions, subject to the review and approval of
the Engineering Division, Kristi Abrams (408-846-0450):
7. The new handicap sidewalk ramps on Erin Court at Monterey Street should align
to direct pedestrians to cross Erwin Court parallel with Monterey Road.
8. ADA sidewalk design shall comply with the new City standard detail.
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9. Show a cross section of the 20-foot storm drainage easement on the final
Improvement Plans.
10. Property owners shall be disclosed that the street is subject to flooding. The City
will not sandbag the street to prevent flooding.
11. The Developer shall provide calculations that the pads are a minimum of one foot
above the 100-year storm elevation.
12. A SWPPP and an Erosion Control Plan is required for all development over 1
acre.
13. Certification of improvement on site plans is required prior to Building final (add
to general notes on Title sheet of plans).
14. Certification of fire flow test is required prior to final permit (add to general notes
on Title sheet of plans).
15. Full frontage improvements are required for all new development. All streets
must show sidewalks on both sides.
16. All work is to be done in compliance with the City of Gilroy Specifications
Standards and Design Criteria.
17. Street improvements and the design of all storm drainage, sewer and water lines,
and all street sections and widths shall be in accordance with City Standards and
shall follow the most current Master Plan for streets and each utility. The
developer shall provide full street, curb, gutter, sidewalk and electrolier
improvements.
18. 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.
19. 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.
20. If the project has excess fill or cut that will be off-hauled to a site or on-hauled
from 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.
21. 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, cable television and telephone shall be required to be placed
underground.
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22. A Final Map with all required dedications shall be filed with a copy transmitted to
the City.
23. The developer shall submit an estimate of the probable cost of developer-installed
off-site improvements with the Final Map submittal.
24. The developer shall submit fees and bonds and enter into an improvement
agreement prior to Final Map recordation.
25. In the event it is necessary to acquire off site easements or street rights-of-way, the
owner shall enter into an agreement with the City prior to final map approval
agreeing to pay all condemnation costs, for dedication of all required easements
or street right-of-way. 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.
26. 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. A licensed Civil or
Electrical Engineer shall sign the composite drawings and/or utility
improvement plans. (All dry utilities shall be placed underground.)
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.
27. A current Title Report shall be submitted for review to the City prior to final map
approval.
28. Prior to any construction of the dry utilities in the field, the following will need to
be supplied to the City:
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.
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29. 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.
30. All lots shall drain to the street for storm drainage.
31. Improvement plans are required for all on-site and off-site improvements.
32. Submit a Hazardous Material clearance for any underground tank removal from
the appropriate agency.
33. A Storm Water Pollution Prevention Plan shall be filed with the Regional Water
Quality Control Board with a copy to the City. An Erosion Control plan and
Waste Discharger Identification shall be submitted to the City.
34. 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.
35. Storm and sewer lines in private streets shall be privately maintained unless
approved by the City Engineer in writing.
36. If any portion of the project is located in a special flood hazard area as shown on
the most current flood insurance rate map; a flood zone study is required. Should
the City Engineer determine a LOMR (letter of map revision) is required. No
permits will be issued until a CLOMR (conditional letter of map revision) is
completed. No permits will be finaled until the LOMR is complete. Any flood
conditions imposed on this project by the National Flood Insurance Program or
the City of Gilroy will be enforced by the City of Gilroy.
37. If any portion of the project if located in a special flood hazard area, provide in a
bold box in V4.-inch text on the front sheet the following information: "This
project is located in a Flood Zone. A Conditional Elevation Certificate is required
prior to the foundation pour and an Elevation Certificate with pictures of each of
the four building elevations is required prior to final inspection".
38. Additional comments may be added at any time due to incomplete plans, plan
changes and mistakes, errors or omissions.
The applicant shall meet the following conditions, subject to the review and approval of
the Fire Division, Rodger Maggio (408-846-0430):
39. Street Hydrants (on Monterey and Ervin Ct.) shall be installed and operational
prior to start of combustible construction.
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40. Minimum CuI-de Sac turn-around dimension shall be 39 feet for outside turning
radius. All-weather surfaced access road shall be in place and approved prior to
start of combustible construction.
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-75 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
2nd day of August, 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 19th day of August, 2004.
~~,
City Clerk onhe Gity of Gilroy
(Seal)