Resolution 2004- 76
RESOLUTION NO. 2004-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 03-08, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMATELY 2.65 ACRE SITE INTO 12
RESIDENTIAL LOTS ON A SITE LOCATED AT THE
TERMINUS OF MESA ROAD AT MILLER ROAD, SANTA
TERESA BOULEVARD AND THOMAS ROAD, APN 810-62-
012
WHEREAS, Hanna & Brunetti c/o Amanda Wilson, the applicant, submitted TM 03-08,
requesting a tentative map to subdivide an approximately 2.65 acre site into twelve (12) single-
family residential lots on a site located at the terminus of Mesa Road at Miller Road, Santa
Theresa Boulevard and Thomas Road, APN 810-62-012; 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 City Council approved a request for a small project exemption from the
Residential Design Ordinance, specifically SPE 03-04, for 12 single-family residential units on
October 20,2003; 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 03-
08, 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 03-08; and
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Resolution No. 2004-76
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 proposed Tentative Map is consistent with the land use designation
for the property on the General Plan map (Low Density Residential).
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 Subdivision and Land Development Code.
4. The proposed density is consistent with the Zoning Ordinance and General
Plan density range for Low Density Residential (R1) 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 03-08 should be and hereby is approved, subject to the
conditions attached hereto as Exhibit A, and incorporated herein by this reference.
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Resolution No. 2004-76
PASSED AND ADOPTED this 2nd day of August, 2004 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
~~,
Rhonda Pellin, City Clerk
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01.072704-04706089
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO
and PINHEIRO
NONE
NONE
APPROVED:
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Resolution No. 2004-76
TM 03-08
EXHIBIT A
Mesa Road
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. The restrictions on use and maintenance of the overland drainage release easement shall
be recorded with the County Recorder's Office and a copy provided to the property
owners of Lot 2.
5. Sound attenuation along Santa Theresa Blvd. shall comply with the City's Sound
Attenuation Policy.
6. 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."
7. 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):
8. Show the ultimate plan lines for Santa Theresa Blvd. on the Final Map and Improvement
Plans.
9. All storm water detention shall be in a surface pond. The City does not allow subsurface
detention in the public storm drain systems.
10. Show a cross section of the 20-foot storm drainage easement on the final Improvement
Plans.
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TM 03-08
Mesa Road
11. Also note for aU Improvement Plan submittals, the existing corrugated metal pipe culvert
in Mesa Road shall be replaced to City standards.
12. Adjust the right-of-way line at Mesa Road and Thomas Road to reflect City standard
right-of-way requirements on the Final Map and final Improvement Plans.
13. The developer/owner shall enter into an agreement, acceptable to the City Engineer, to be
recorded against each of the individual parcels requiring aU landscaping along Santa
Teresa to be privately maintained by the adjoining property owner.
14. All water lines shall be placed within the public right-of-way. Eliminate the conflict
between the existing waterline and proposed soundwall at the north end of the project.
15. A SWPPP and an Erosion Control Plan is required for all development over I acre.
16. Certification of improvement on site plans is required prior to Building final (add to
general notes on Title sheet of plans).
17. Certification of fire flow test is required prior to final permit (add to general notes on
Title sheet of plans).
18. Full frontage improvements are required for all new development. All streets must show
sidewalks on both sides.
19. All work is to be done in compliance with the City of Gilroy Specifications Standards
and Design Criteria.
20. Street improvements and the design of aU 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 shaU provide full
street, curb, gutter, sidewalk and electrolier improvements.
21. 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 aU adjacent properties.
22. 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.
23. If the project has excess fiU or cut that wiU 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.
24. 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.
25. A Final Map with all required dedications shall be filed with a copy transmitted to the
City.
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TM 03-08
Mesa Road
26. The developer shall submit an estimate of the probable cost of developer-installed off-site
improvements with the Final Map submittal.
27. The developer shall submit fees and bonds and enter into an improvement agreement
prior to Final Map recordation.
28. In the event it is necessary to acquire offsite 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.
29. 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.
30. A current Title Report shall be submitted for review to the City prior to final map
approval.
31. 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.
32. 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.
33. All lots shall drain to the street for storm drainage.
34. Improvement plans are required for all on-site and off-site improvements.
35. Submit a Hazardous Material clearance for any underground tank removal from the
appropriate agency.
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TM 03-08
Mesa Road
36. 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.
37. 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
compames.
38. Storm and sewer lines in private streets shall be privately maintained unless approved by
the City Engineer in writing.
39. 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.
40. If any portion of the project if located in a special flood hazard area, provide in a bold
box in Y-t-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".
41. 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
Engineering Division in consultation with the Santa Clara Valley Water District, Kristi Abrams
(408-846-0450):
42. The site is within the Gavilan Creek watershed, which is a subwatershed of the Uvas-
Carnadero Creek watershed. District records indicate that neither creek currently has
sufficient capacity to contain the 100-year flood. Any new development within these
watersheds may exacerbate existing downstream flooding conditions. A hydrology study
should be provided to show the effects of the increased runoff due to development as
compared to existing conditions for the 100-year flood condition, as well as more
frequent flood conditions such as 2-year and 10-year. The proposed development must
not increase water surface elevations or the lateral extent of flooding during the 100-year
flood or more frequent flood events. Drainage from the site will not directly flow to
Gavilan Creek, but appears to flow to a drainage swale and flow overland to Gavilan
Creek. The District recommends that the hydrology study analyze impacts to the local
drainage system, which flows to Gavilan Creek. The District does not have flood control
jurisdiction over local drainage systems.
43. As the site will include disturbance of more than one acre, the developer will need to file
a Notice of Intent with the State Water Resources Control Board to comply with the
National Pollutant Discharge Elimination System general permit for construction activity.
As part of the permit, the developer will also need to prepare a Storm Water Pollution
Prevention Plan to prevent pollutants from contacting storm water runoff during
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TM 03 -08
Mesa Road
construction and post-construction. Post-construction water quality mitigation needs to
be implemented.
44. The design of the site should incorporate water quality mitigation measures such as those
found in "Start at the Source, Design Guidance Manual for Stormwater Quality
Protection," prepared for the Bay Area Stormwater Management Agencies Association.
45. Any proposed outfalls into local drainage swales that flow to Gavilan Creek or Uvas-
Carnadero Creek should be appropriately designed with sufficient energy dissipators to
prevent erosion and introduction of sediment into either creek. The District also
recommends that drainage swales be vegetated to provide some pollutant removal of
urban runoff.
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2004-76 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.
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City Clerk of the City of Gilroy
(Seal)