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Resolution 2004- 83 RESOLUTIpN NO. 2004-83 A RESOLUTION OF THE ClTY COUNCIL OF THE CITY OF GILROY APPROVING TM 104-02, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMk<\ TEL Y 1.25 ACRE SITE INTO 13 LOTS COMPRISED OF 12 SINGLE-FAMILY PATIO HOME LOTS AND 1 LOT FOR C{)MMON AREAS LOCATED AT 9035 KERN AVENUE, APN ~90-04-081 WHEREAS, Riverbend, LLC, the Applicant, submitted TM 04-02, requesting a tentative map to subdivide an approximately 1.25 acre site into thirteen (13) lots comprised of twelve (12) single-family patio home lots and one (1) lot for common areas ("the Project") located at 9035 Kern Avenue, APN 790-04-081; and WHEREAS, the California Environm~ntal Quality Act ("CEQA") provides a categorical exemption for in-fill development projects pW"suant to CEQA Guidelines Section 15332, which applies to this project; and WHEREAS, the City Council approv~d a request for a small project exemption from the Residential Development Ordinance, specifilJ;ally SPE 02-06, for 12 single-family residential units on September 2,2003; and WHEREAS, the Planning Commissiclm held duly noticed public hearings on June 3, 2004, and July 1, 2004, at which time the PlaJ1ning Commission considered the public testimony, the staff report dated May 21, 2004 ("Staff!Report"), and all other documentation related to application TM 04-02, and recommended that Ithe City Council deny said application; and WHEREAS, the City Council held a dluly noticed public hearing on July 19, 2004, on an appeal by the applicant of the Planning C01111illission's decision, at which time the City Council considered the public testimony, the Staff Report, a follow-up report dated June 14, 2004 ("First Follow-Up Report"), and all other documentatjion related to application TM 04-02; and \G80\635515,1 091504-04706089 -1- Resolution No. 2004-83 WHEREAS, the Applicant made cert~n revisions to the Project thereafter as set forth in a follow-up Staff report dated August 27, 2004 ("Second Follow-Up Report"); and WHEREAS, the City Council continuf1d its deliberations on September 7, 2004; and WHEREAS, the location and cust04ian of the documents or other materials which constitute the record of proceedings upon whi~h this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds ~s follows: 1. The proposed Tentative Map is substantially consistent with the land use designation for the property on the General Plan map (Medium Density Residential). 2. The project is consistel11t with the intent of the goals and policies of the City's General Plan. 3. The project is generally! consistent with the surrounding development. 4. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 5. Public utilities and infrastructure improvements needed to serve the proposed project are in flose proximity. 6. There is no substantial I evidence in the record as a whole that the project will cause a significant ~ffect 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. \GBO\635515,1 091504-04706089 -2- Resolution No. 2004-83 B. Tentative Map TM 04-02 shoul~ be and hereby is approved subject to: 1. The thirty-seven conditions ~et forth in the Staff Report and attached hereto as Exhibit A, and incorporated iherein by this reference. 2. The following condition set! forth in the First Follow-Up Report: The CC&Rs shall prohibit the use of the required garage parking for storage purposes. 3. The revisions to the Proj~t as described in the Second Follow-Up Staff Report, which is attached hClreto as Exhibit B. ~ECTION II This Resolution shall become effective, and approval of TM 04-02 granted, if, and only if, and upon the same date that Ord~nance No. 2004-16 approving Z 02-12 becomes effective. If said Ordinance does not take effect, then TM 04-02, without further actions by the City Council, is denied. PASSED AND ADOPTED this 20th d~y of September, 2004 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: :#fYLM~' Rhonda Pellin, City Clerk \GBO\635515.1 091504-04706089 -3- Resolution No. 2004-83 EXHIBIT A Z 02-12, TM 04-02, A1S '02-33 OS/21/04 TENTATIVE CONDITIONS The applicant shall meet the following Co.nditio.ns, u~ject to' tJ,e review and appro.val o.f the Cil)' Atto.rney, Linda Callan (800-944-5769): ' 1. Subdivider shall defend, indemnify, and hold h~ess the City, its City Council. Planning Commission, agents, officers, and employ~ from any claim, action, or proceeding against the City or its . City Council, Planning Commission, ag~ts, officers, and employees to attack, set aside, void, ot( ) annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or...... legislative body concerning this subdivisio~ City will promptly notify the subdivider of any claim, action, or proceeding against it, and will q>operate fully in the defense. This condition is imposed pursuant to Califo.rnia Go.vernment Code Seqtio.n 66474.9. . The applicant shall meet the fo.llo.wing co.nditio.ns, st"bject to' the review and appro.val o.f the Planning Division, Cydney Casper (408-846-0440): 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 featwes 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 $hall maintain all common landscaping areas and private ' driveways. A copy of the Conditions, CO\olenants & Restrictions (CC&R's) shall be submitted to the Planning Division and City Attorney' for ~eview and approval prior to recordation with the, County Recorder's Office. . 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 constniIction 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 aIld all City utilities. These files will be used to update the City's GIS system. The applicant shall meet the fo.llo.wing co.nditio.ns, subject to. the review and appro.val o.f the Engineering Divisio.n, Kristi Abrams (408-846-0450): 7. Provide an overland drainage release to KeIip Avenue via the private street 8. A six-inch reverse pressure backflow pre\olenter shall be installed on the south side of the driveway at Kern Avenue. 9. The water line shall be privately owned and! maintained 5 Z 02-12, TM 04-02, A/S 02-33 OS/21/04 10. A Stonnwater Pollutioll Prevention Plan (S P) and an Erosion. Control Plan is required for all development over one.acre. A SWPP shall ~ ,filed with the Regional Water Quality Control Board with a copy provided to the City. An Erosion Control Plan and Waste Discharger identification shall be submitted to the City. ) 11. Certification of improvement on site plans is .required prior to building permit final. This statement must be added as a general note to the title sheet of the building plans . , 12. Certification of fire flow test is required prior to building permit final. This statement must be added as a general note to the title sheet of the building plans. 13. All work is to be done in compliance with! the City of Gilroy Speciflcalions and Standards and Design Criteria. 14. Street improvements and the design of all 810M drainage, sewer and water lines, and all street sections ' and widths shall be in accordance with City Sltandards and. the most current Master Plan for streets and each utility. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. . ) 15. 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 ~op~es. ' 16. Certification of grades and compaction is required prior to building permit final. This statemerit must be added as a general note to the Grading and Drainage Plan. 17. If the project has excess fill or cut that will ~e off-hauled to a site or on-hauled to a site within the city limits of Gilroy, an additioqal permit is reqtliied. This statement must be added as a general note to the Grading and Drainage Plan. ' 18. 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 1:>e placed underground. 19. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 20. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final Map submittal. 21. The developer shall submit fees and boncb and enter. into an improvement agreement prior to Final Map recordation. 6 I I Z 02-12,. TM 04-02, A/S 02-33 OS/21/04 22. ~ the event it is necessaly to acquire ~ffsit@e~~ments or street ri~ts~f-way, the owner shall enter m to an agreement to pay. all condemnatIon jstf;, if necessary, for dedicatIon of the easements or street right-of-way prior to final map approval. Th ~wner shall ,enter an.agreement with the City agreeing to pay all condemnation costs. This agreem . t shall be recorded and require the owner to deposit all condemnation costs with the City within 211 days of Final Map approval. The owner shall agree to provide an initial cash deposit as detennined ~y the City. 23. 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 tr~ch composite plans for the WldergroWld electrical, gas, telephone, cable television, and co~unication conduits and cables. including the size, location and details of all trenches, locations bf building utility service stubs and' meters and placements or arrangements of jWlction structures as a part of the Improvement Plan submittals for the project. The composite drawings an~or utility improvement planS shall be signed by a licensed Civil or Electrical. ' b) A note shall. be placed on the plaQs which states that the composite plan agrees with City Codes and Standards and that no Wl~rground 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 che<;k and,inspection fee for the utility WldergroWld work. ) 24. A current Title Report shall be ~ubmitted fotreview to the City prior to final map approval. 25. Prior to any construction of the dry utilities in the field, the applicant and/or developer shallsubrnit the following items to the City Engineering Divi$ion for review and approval: a) A professional engineer-signed and 'G&E-approved original electric plan. b) A letter from the design Electrical ~r Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to th~ approved subdivisiOn improvement plans. 26. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engjneer. Grading plans shall show grades of all adjacent properties. 27. 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 lI>ennitted. 28. Improvement plans are required for all on-silte and off-site improvements. 29. Submit a Hazard Material clearance for any I WldergroWld tank removal. 30. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities subject to- the review and approval by the Engineering nivision and the utility companies. 31. Storm and sewer lines in private streets shall be privately maintained unl~s approved by the City Engineer in writing. 7 Z 02-12, TM 04-02, A1S 02-33 OS/21/04 The applicant shall meet the following conditions. subject to the review and approval of the Fire Division. Jacqueline Bretschneider (408-846-0430): 32. Dead end streets in excess of 150 ft shall be provided' with a' turn 3rOlmd that mee1s 1he Fire Department Standard. Each branch of the "T' $hall be at least 30' long as measured from 1he apex of the comer. Parking at the end of the branch s~l not encroach upon that 30' arid the basketball,pole shall not be placed in the "T' or within 3' of the ~T' . ) 33. Fire Hydrants shall be able to flow 1500 gpm With a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft, and within 150 ft of, any building. Hydrants shall be installed prior to commencement of construction with combustible materials. Fire Hydrant locations shall be approved by the Fire Marshal prior to final map/site i$provements. The most remote hydrant shall be flow tested by a qualified person or the Fire Marshal prior to possession by the water department Flow test shall be submitted to 1he Fire Mafshal. ' 34. Roadways shall provide a minimum 20 feet of unobstructed travel. Turns shall allow for an inside radius of 32' and outside radius of 39'. VeIttical clearance of not less than 15 ft shall be provided. Road wid1hs shall be as folloWs, or an exception from the Fire Chief obtained a) 20 ft. no parking on either side ' b) 28 ft. no parking on one side. c) 38 ft parking not restricted. . ~} 35. Where parking is restricted, it shall be posted with signs for No Parking-Fire Lane and curbs shall be painted red. Signage and curb painting shall be maintained in good condition. The parking enforcement plan shall be reviewed and approved by Deputy. Fire Marshal prior to the final inspection of the first unit built. The parking enforcement plan shall be provided by the developer for the' Homeowners Association to follow, and shall be included in the Conditions, Covenants & Restrictions. 36. Final map to include a paragraph that readS: ""Red curbing and signage shall be maintained by the Home Owners Association. A parking enforcement shall be implemented by the Homeowners Association." 37. House numbers shall be clearly visible from!the street. If the house is recessed the house number shall be provided at the driveway entrance and at a height of not less than 36 inches from the ground. All main address numbers shall be a minimum of 2.5 inches in height with a 3/8 inch stroke and placed to read from left to right and/or top to bottom. 8 i PLANN{NG DIVISION COMMUNITY D VELOPMENT DEPARTMENT EXHIBIT B DATE: TO: AUGUST 27,2004 JAY BAKSA, CITY ADMINIS CITY COUNCIL MEl\ffiERS CYDNEY CASPER, PLANN FOLLOW-UP REPORT ON 04-02 AND A/S 02-33 RIVERBEND . FROM: RE: ) On July 19th, the City Council revieweq a request to appeal the'decision of the Planning Commission denying without prejudice t:lj1e Riverbend project at 9035 Kern Ave. The proposed project consists of 12 patio-horpes on 1.25 acres with related open space and amenities. Although the parking exceeded Ute City parking standards as originally proposed, the Council had concerns regarding the ad~quacy of parking. The Council continued their decision on the appeal so that the applicant could work with staff to resolve this issue. In response to the Council concerns, the applicant has narrowed the side yard setbacks for each of the residences to a three-foot setback. By doing this they were able to provide an additional six parking spaces located in 1:h:e center of the project so that there is parking evenly provided throughout the site.. lbis, brings the total guest parking to 17 spaces. In addition, the applicant provides two-car.~ages for each of the residences, for a total of 41 stalls. 1bis design allows the units to~etain the small private rear yard patio area. ) Recommendation: Should the City Council determine to approve this project, staff requests the incorporation of the addition~ conditions as outlined in the follow-up report dated June 14,2004. The following materials are attached: ~ Staff Report, dated May 21, 2004 ~ Follow-up Staff Report, dated June 14,2004 ~ Revised Site Plans and Tentative Map I, RHONDA PELLIN, City Clerk ofth~ City of Gilroy, do hereby certify that the attached Resolution No. 2004-83 is an original resolutiqn, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilrpy at a regular meeting of said Council held on the 20th day of September, 2004, at which meetin$ a quorum was present. IN WITNESS WHEREOF, I have her~unto set my hand and affixed the Official Seal of the City of Gilroy this 23rd day of September, 2004. () - Q ~. ; JiK')!1Pll\ .. j A ~ . City Clerk of the City of Gilroy (Seal)