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Resolution 2004- 82 RESOLUT.ON NO. 2004-82 A RESOLUTION OF THE Cny COUNCIL OF THE CITY OF GILROY APPROVING TM i 04-05, A TENTATIVE MAP TO SUBDIVIDE APPROXIMA1j'ELY 3 ACRES INTO TWELVE LOTS LOCATED BETWEEN SANTA TERESA BOULEVARD AND EAGLE RIDGE D~IVE, WITHIN EAGLE RIDGE SUBDIVISION, APN 810-43-1006 WHEREAS, Glen Loma Group, tqe applicant, submitted TM 04-05, requesting a tentative map to subdivide approximately 3 acres into twelve (12) lots located between Santa Teresa Boulevard and Eagle Ridge Drive, within Eagle Ridge Subdivision, APN 810-43- 006; and WHEREAS, pursuant to the Calif~mia Environmental Quality Act ("CEQA"), an Environmental Impact Report ("EIR") was nrepared for General Plan Amendment GP A 90-04 and certified by the City Council on October p, 1992 in compliance with CEQA; and the Council adopted CEQA findings and a Statement of Overriding Considerations in Resolution No. 92-79, and adopted a mitigation/monitoring programi; and WHEREAS, pursuant to CEQA, Fim(l and Subsequent EIRs were prepared, after which the City Council on March 19, 2001, review~d and considered an EIR Addendum in connection with applications PUD A1S 00-33 and TM 01-01, which included 57 new single-family lots, and determined that the EIR Addendum was completed in compliance with CEQA and reflects the independent judgment of the City, and WHEREAS, the City has determin~d that Tentative Map TM 04-05 IS substantially consistent with all prior environmental documentation; and WHEREAS, the Planning CommissHm held a duly noticed public hearing on July 29, 2004, at which time the Planning Commissioil1 considered the public testimony, the Staff Report \GBO\635484.1 01.()91304.()4706089 -1- Resolution No. 2004-82 dated July 19, 2004 ("Staff Report"), and all other documentation related to application TM 04- 05, and recommended that the City Council a~prove said application; and WHEREAS, the City Council held a duly noticed public hearing on September 7, 2004, at which time the City Council considered the public testimony, the Staff Report, a Supplemental Staff Report dated July 29, 2004, and all o~her documentation related to application TM 04- 05; and WHEREAS, the location and custo~ian 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. ISECTION I NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds las follows: 1. The project is substant~ally consistent with the land use designation for the property on the Genera~ Plan map (Residential Hillside). 2. The project is consist~nt with the intent of the goals and policies of the General Plan. 3. The project is consistent with the Zoning Ordinance, the City's Subdivisions and LandlDevelopment Code, and the State Subdivision Map Act. 4. Public utilities and infrastructure improvements needed to serve the proposed project are iniclose proximity. 5. The project is consistent with surrounding development. \GBO\635484.1 01.091304-04706089 -2- Resolution No. 2004-82 6. There are no facts to sl,lpport the findings requiring denial of the proposed tentative map pursuant ito California Government Code section 66474. B. Tentative Map TM 04-05 shpuld be and hereby is approved, subject to the conditions attached hereto as :ijxhibit A, and incorporated herein by this reference, and subject to the mitigationi measures and mitigation/monitoring program set forth in CEQA Res. No. 92-791 adopted in conjunction with GP A 90-04. I PASSED AND ADOPTED this 20th d~y of September, 2004 by the following AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A~)r ~uA^-Q~, Rhonda Pellin, City Clerk \GBO\635484,1 01.091304-04706089 -3- Resolution No. 2004-82 I I EXHIBIT A The application and completion of the fduoWing conditions are subject to the review and approval by the Engineerin9 Division. Contact: Kristi Abrams (408) 846-0450 . 1. A SWPPP and an Erosion Control Plan ~s required for all development over 1 acre. 2. Certification of improvement on site plans is required prior to Building final (add to general notes on Title sheet of plans). . 3. Certification of fire flow test is require4 prior to final permit (add to general notes on Title sheet of plans). ! 4. Full frontage improvements are reqJ for all new developroent. All streets most show sidewalks on both sides, unless a prior dbsign alternative has been adopted. 5. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria. 6. Street improvements and the design o~ all storm drainage, sewer and water lines, and all street sections and widths shall be in ~cordance with City Standards and shall follow the most current Master Plan for streets andi each utility. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. 7. All grading operations and soil compaQtion 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. . 8. 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. 9. 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. 10. 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 requirdd to be placed underground. 11. A Final Map with all required dedications shall be filed with a copy transmitted to the City. I I 12. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final Map submittal. 13. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 14. In the event it is necessary to acquire qffsite easements or street rights-of-way, the owner shall enter into an agreement with the ~ity 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. 15. 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 I details of all trenches, locations of building utility service stubs and meters and plalcements 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 pJaced underground.) b.A note shall be placed on the plans which states that the composite plan agrees with City Codes and Standards and th~t 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. 16. A current Title Report shall be submitteil for review to the City prior to final map approval. 17. Prior to any construction of the dry qtilities in the field, the following will need to be supplied to the City: 18. A professional engineer-signed and PG&E-approved original electric plan. 19. A letter from the design Electrical or Oivil Engineer that states the electrical plan conforms to City Codes and Standards, and to the lapproved subdivision improvement plans. 20. All retaining walls must be constructed1ofpermanent materials such as concrete or masonry, and shall be of a modular design; wood Ishall not be permitted. 21. All lots shall drain to the street for storq1 drainage. 22. Improvement plans are required for all <l>n-site and off-site improvements. I ' 23. Submit a Hazardous Material clear~c~ for any underground tank removal from the appropriate agency. i' i . 24, A Storm Water Pollution Prevention 1+ shall be filed with the Regional Water Quality . Control Board with a copy to the Ci . i An Erosion Control plan and Waste Discharger Identification shall be submitted to the . ity. 25. 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. 26. Storm and sewer lines in private streets ,shall be privately maintained unless approved by the City Engineer in writing. 27. 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. 28. If any portion of the project if located in a special flood hazard area, provide the following statement in a bold box with minimum: ~-inch text on the front sheet of the plan set: "This project is located in a Flood Zone. A (:onditional 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 insp,ction." 29. If any portion of the project contains recycled water facilities as shown in the South County Recycled Water Master Plan, the facilit~es shall be installed at sole expense of the developer prior to final or occupancy of the first b'\lilding. , I 30. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes, errors or omissions. 31. The following. designates the respoll1sibilities of_ for construction, maintenance, and funding of various areas and systems within this project. The Vesting Tentative Map shall conform to these requirements. Details of each shall include enforcement and cost recovery mechanisms for the benefit of the City, shall be subject to review and approval by th~ City Engineer and City Attorney. a. Private Open Space, Private Streets, and Storm Water System. The Homeowners Association (HOA) assumes all responsibility for maintenance of such improvements. The Association shall follow the management plan and weed abatement plan approved by the City Engineer and implementation by the Association. c. Tiger Salamander Area. The ijoJ!l1eowners Association shall maintain and monitor of all designated areas and comply with the Salamander Mitigation Plan. Maintenance District No.1. jrhe Developer shall annex this project to Maintenance District No. #1 ~o provide a mechanism for payment of additional costs of maintenance! for the water system, the sanitary sewer system and the storm drain systel;I1. b. d. Traffic Impact Mitigation. Incorporated into Improvement Agreements between the Developer and the City. Based initially upon evaluation of data presented in the Traffic Analys~s Report (Keith B. Higgins & Associates, July 1996). The Improvement Agreement . shall require development of a traffic- monitoring program by the IIleveloper with an identified monitoring schedule and criteria, and a prooess for phasing the mitigation requirements in response to the monitoring re~ults. The City Engineer shall deterIn$ne the mitigation measures required to be designed, constructed, and funqed by the Developer with each respective phase of Eagle Ridge developm~nt. These resulting requirements including funding, credits and reimbursen1ents, shall be itemized in the improvement agreement for the phases in wlrich each improvement is required. The agreement shall also require pc:l.yment of Traffic Impact Fund (TIP) fees, plus a one-time payment of $30~000 for Eagle Ridge's pro-rata share of SR 1OlICastro Valley improvements in the last phase. If the Santa Teresa Boulevard extension to SR ]01 is scheduled prior to Castro Valley construction, the $30,000 maybe used by the City for the Santa Teresa project. e. CC&Rs. The Developer sl,1a11 submit Conditions, Covenants, and Restrictions (CC&Rs) for review and approval by the City Attorney, which shall require compliance with those conditions of approval applicable to the declarant or Homeowner' s As~ciation and shall be recorded against the project. 32. The Developer shall pay the followiIjlg .development impact fees in accordance with relevant City ordinances and procedures. The amount of the fee for each lot is that fee in place at the time of approval of the Final map for subject lot. .SchoolParkTrafficSewer Water .PoliceFireStorrnPublic FacilitiesLibrary 33. The Developer shall update the "Safer Route to School" plan for the overall development as part of the Final Map process. This plan shall be reviewed and revised by the Developer at each subsequent phase. The plan and any revisions shall be subject to review and approval by the City Engineer. 34. Retaining walls shall be constructed with p~nnanent materials such as concrete, steel, rock, or masonry, subject to review and approval by the City Engineer. Modular system walls are preferred. 35. Grading operations shall conform to the requirements of the Eagle Ridge Geotechnical Exploration Report (by ENGEO, dated October 24, 1995). 36. This development shall conform to the Hillside Development Guidelines, except as modified on this tentative map (and subsequent revisions) and approved through the PUD process, and subject to review and approval of the City Engineer. 37. The Developer understands that approval of the Vesting Tentative Map does not imply City approval of the various development master plans for infrastructure systems. Each phase of the development will require specific study and design by the Developer of infrastructure systems serving that phase,: subject to review and approval by the City Engineer. 38. All utility easements shall have all-weath~r road access. Grades over 15% shall be noted on the map and require specific approvW by the City Engineer. 39. All streets shall be privately owned and maintained by the Home Owners Association. 40. The Developer shall construct all-weather iq.terim access roads not less than 20 feet in width for Fire access, as well as an approved water supply system capable of providing adequate fire flow, prior to beg\nning combustible construction, subject to review and approval of the Fire Marshal an" City Engineer. 41. Dead end access roads in excess of 150 !feet in length shall terminate at a paved turnaround with a radius of not less than 39 feet or a hammerhead turn around approved by the City Engineer to acconunodate fire vehicles. All turnarounds are subject to review and approval by the City Engineer. 42. The Developer shall provide dual access for each phase of development. The interim secondary access shall be a paved road at least 20 feet wide. All interim access roads are subject to review and approval by the Oity Engineer and Fire Marshal. 43. An Improvement Agreement for each ph~e shall be executed between the Developer and the City for constructing and funding the various public and private improvements associated with this project. I I SANITARY SEWER 44. The sanitary sewer shall be a gravity system, designed and constructed using the City's standards and shall be subject to review and approval by the City Engineer. STORM WATER AND WATER QUALITY 45. The storm water system shall be the responsill>ility of the homeowners association for all maintenance. 46. To ensure water quality, the Developer shall conform to Federal and State Non-Point Discharge Elimination Program (NPDES) ~quirements. This includes filing a Notice of Intent with the State Department of W at~r Resources and preparing a Storm Water Pollution Prevention Plan. 47. The developer shall provide energy dissipation at outlets 'prior to grass swales. WATER SYSTEM 48. The Developer shall install, test, and make o.l1>erational an approved water supply system capable of providing adequate fire flow serving each phase of development, prior to start of combustible construction, subject tQ approval by the Fire Marshal. 49. The Developer shall install two-inch water service for all homes. 50. The Developer shall install pressure-reducing devices when the pressure exceeds eighty (80) pounds per square inch. 51. The Developer shall mark Zone I and Zone n water lines, valves, hydrants and meters. The marking system shall be approved by the City Engineer. 52. The Developer shall install City-standard fire hydrants not more than 300 feet apart on all streets within the development. The locations shall be subject to approval by the City Engineer and Fire Marshal. 53. The Developer shall perform a fire flow test and correct all deficiencies, in a manner subject to approval of the Fire Marshal. 54. Existing wells shall be capped by the DevelQper in accordance with applicable City and County standards. ! , The application and completion of the following conditions are subject to the review and approval by the Planning and EngineeriJllg Divisions. Contact: William Faus (408) 846-0440 BUILDING LOTS 55. The Developer shall conduct grading operations in conformance with the Tree Protection Plan. Exceptions may be granted by the Planning Division Manager for special circumstances. 56. Building envelopes shall be shown on the m~p and approved by the Planning Division. The application and completion of the follo.-ing conditions are subject to the review and approval by the BLES Division. Contact: Rodger Maggio (408) 846-0430 FIRE PROTECTION 57. In order to address potential fire safety issues, outlined within the prior EIR, RESIDENTIAL FIRE SPRINKLER SYSTEMS, DESIGNED AND INSTALLED IN ACCORDANCE WITH N.F.P.A. STANDARDS, SHALL BE REQUIRED ON ALL BUILDINGS WITHIN THIS VESTING TENTATIVE MAP, subject to review and approval by the Fire Marshal. 58. Class "A" fire-retardant roofing shall be installed on all buildings. 59. All roof eaves shall be "boxed-in", with one-jhour fire resistive construction. 60. Exterior ventilation openings shall be limited to 144 square inches and shall be covered with non-combustible 1!4-inch metal screen. 61. All exterior walls shall be one-hour fire-resistive construction. 62. Spark arresters shall be installed on all chillUleys. 63. Cantilevered decks shall be protected on the underside by one-hour fire resistive construction. Fire retardant planting within private landscaping areas shall be required for all lots where sprinklered buildings are irequired. 64. The 30-foot wide fuel modification zone shall be established along the hillside exposure of the building lots prior to construction 'of each home. The fuel modification zone shall consist of irrigated, approved, low fire hazard vegetation. A plan for the installation and maintenance shall be submitted and approved by the Fire Marshall prior to building permit issues. ' 65. The subdivider shall defend, indemnify, d hold harmless the City, its City Council, Planning Commission, agents, officers, d i employees from any claim, action or proceeding against the City or its City Co it Planning Commission, agents, officers, or employees to attack, set aside, void, or \II an approval of the City, City Council, Planning Commission, or other board, advi$ot)t agency, or legislative body concerning this subdivision. City will promptly notifbr the subdivider of any claim, action, or proceeding against it, and will cooperate full~ ili the defense. This condition is imposed pursuant to California Government Code section 66474.9. a) Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to 3600 square ft. Higher flow is required for larger home sizes or mitigation by installation of a residential fire sprinkler system. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any buildiI!1g. b) Lots against a hillside or open area $hall have a perimeter buffer of minimum 30 ft in width that meets the Fire Departme:j:lt Fuel Transition Zone Policy. Estate lots shall provide for a defensible space with a~proved landscaping in a 30 ft perimeter around the house. c) The location of these homes is outside of the Fire Department 5-minute response time area, delayed fire response may be experienced. It is recommended that homes outside of the 5-minute zone be provided with ~ residential fire sprinkler system meeting the NFP A 13D requirements. Homes in excess pf 5,000 square feet or in the hillside area currently require fire sprinkler protection. d) House address numbers shall be clearly visible from the street. The application and completion of the follolfing conditions are subject to the review and approval by the Planning Division. Contact: William Faus (408) 846-0440 RESIDENTIAL DEVELOPMENT ORDIN~NCE 66. Unless this project is exempt from the application of the City's Residential Development Ordinance ("RDO", City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with .he RDO, any conditions of approval issued in connection with such development or (j>ther City requirements applicable to such development; or (ii) is in default under 81Ily agreement entered into with the City in connection with such development pursuan(t to the RDO. 67. For each approved build-out year (2004 thro1Jgh 2007), the developer will be allowed to receive building permits, for individual homes, in number corresponding directly to the amount granted to the project by the City Council under the 1994, 1999, and 2001 RDO allocations (RD 94-01, RD 99-08,cmp RD 01-13). I, RHONDA PELLIN, City Clerk oft~e City of Gilroy, do hereby certify that the attached Resolution No. 2004-82 is an original resolut~on, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gi~roy at a regular meeting of said Council held on the 20th day of September, 2004, at which meetiq.g a quorum was present. IN WITNESS WHEREOF, I have he~eunto set my hand and affixed the Official Seal of the City of Gilroy this 23rd day ofSeptembeq 2004. ~VA9~, City Clerk of the City of Gilroy (Seal)