Resolution 2004-100
RESOLUTION NO. 2004-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 04-10, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMATELY 2.34 ACRE SITE INTO 15
LOTS LOCATED AT 8895 KERN AVENUE AT THE
SOUTHWEST CORNER OF KERN AND MANTELL!, APNS
790-04-073, 084, AND 085
WHEREAS, Del Curto Brothers, the Applicant, submitted TM 04-10, requesting a
tentative map to subdivide an approximately 2.34 acre site into fifteen (15) lots located at 8895
Kern Avenue at the southwest comer of Kern and Mantelli, APNs 790-04-073, 084, and 085; 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 on April 5, 2004, approved a request for a small project
exemption from the Residential Design Ordinance, specifically SPE 03-02, for thirteen (13) new
residential units on the site, with one existing home to remain; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 7,
2004, at which time the Planning Commission considered the public testimony, the staff report
dated September 24, 2004 ("Staff Report"), and all other documentation related to application
TM 04-10, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on October 18, 2004, at
which time the City Council considered the public testimony, the Staff Report, a Supplemental
Staff Report dated October 8, 2004 ("Supplemental Staff Report"), and all other documentation
related to application TM 04-10; and
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Resolution No. 2004-100
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 Gilroy General Plan map.
2. The project is consistent 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 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 04-10 should be and hereby is approved subject to the final
conditions of approval attached hereto as Exhibit A, and incorporated herein by
this reference.
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Resolution No. 2004-100
SECTION II
This Resolution shall become effective, and approval of TM 04-10 granted, if, and only
if, and upon the same date that Ordinance No. 2004-19 approving Z 04-07 becomes
effective. If said Ordinance does not take effect, then TM 04-10, without further actions
by the City Council, is denied.
PASSED AND ADOPTED this 15th day of November, 2004 by the following vote:
AYES: COUNCILMEMBERS:
CORREA, DILLON, MORALES,
VALIQUETTE, VELASCO and PINHEIRO
GARTMAN
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
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Rhonda Pellin, City Clerk
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Resolution No. 2004-100
EXHIBIT A
Z 04-07, AS 04-32, TM 04-10
10
9/24/04
APPENDIX 2: Tentative Map Conditions:
Plannine: Division (contact Gree:e: Polubinskv 408-846-0440)
These conditions are subject to the review and approval of the Planning Division.
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.
EDluneerine: Division (contact Kristi Abrams 408-846-0450)
These conditions are subject to the review and approval ofthe Engineering Division.
2. Vector based e- files will be required prior to Final Map approval, readable by AutoCAD (I GES, DXF,
DWG), containing lot and street layout and all City utilities. These files will be used to update the
City's GIS system.
3. Provide irrigation service to the park site.
4. Parcels 5 and 6 need to be disclosed that a traffic signal will be installed and they will loose street
parking.
5. New street, storm and sewer are to be private.
6. "General Comments" should be corrected to read:
"If project has excess cut or fill that will be on or off-hauled
to/from a site within the City Limits of Gilroy, an additional pennit
is required.
7. Install sidewalk to design standards shown in Gilroy STR-2 and STR-17 standards.
8. Show flow line grades for private street with minimum flow of 0.5% to public street. The private street
shall have overland release to public street.
9. Modified driveway shall have a minimum of 10" from lip of gutter to back of curb. ADA access on
sidewalk and driveway parking shall be maintained.
1 O. A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
11. Certification of improvement on site plans is required prior to Building final (add to general notes on
Title sheet of plans).
12. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of
plans).
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 Standards and Design
Criteria.
Z 04-07, AS 04-32, TM 04-10
11
9/24/04
15. 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.
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 from a site within the
city limits of Gilroy, an additional permit is required. This statement must be added as a genera1noteto
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, 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 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.
24. Prior to Final Map approval and approval ofthe 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.
25. A current Title Report shall be submitted for review to the City prior to final map approval.
26. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the
City:
27. A professional engineer-signed and PG&E-approved original electric plan.
28. A letter from the design Electrical or Civil Engineer that states the electrical plan confonns to City
Codes and Standards, and to the approved subdivision improvement plans.
Z 04-07, AS 04-32, TM 04-10
12
9/24/04
29. All retaining walls must be constructed of permanent materials such as concrete or masonry, and shall
be of a modular design; wood shall notbe 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 ofGllroy will be enforced
by the City of Gilroy.
37. If any portion of the project iflocated in a special flood hazard area, provide the following statement in
a bold box with minimum Yt-inch text on the front sheet of the plan set: "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. If any portion of the project contains recycled water facilities as shown in the South County Recycled
Water Master Plan, the facilities shall be installed at sole expense of the developer prior to final or
occupancy of the first building.
39. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes,
errors or omissions
Fire Marshal (contact J. Bretschneider at 846-0430)
These conditions are subject to the review and approval of the Fire Marshal.
40. For the s~reet hydrant shown at the parking area, provide water flow test results to the Fire Marshal
prior to the first building permit.
41. Roadways shall provide a minimum 20 feet of uno bstructed travel. Vertical clearance of not less than
15 ft shall be provided.
42. Due to road width the entire length including the hammerhead, shall be red striped and posted as no
parking-fire lane. Signage and curb painting shall be maintained in good condition. A parking
enforcement plan shall be submitted 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 HOA to follow, and shall be included in the CC&R's.
Z 04-07, AS 04-32, TM 04-10
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9/24/04
43. Final map to include a paragraph that reads: "Red curbing and signage shall be maintained by the
Home Owners Association A parking enforcement plan shall be implemented by the Homeowners
Association. "
44. Dead end streets in excess of ISO ft shall be provided with a turn around that meets the Fire
Department Standard.
45. Due to street configuration, lots pastthe park (including but not limited to, #10, 11, 12, 13, 14) shall be
provided with residential fire sprinkler systems per NFP A 13 D. This condition shall be noted on the
final map cover page and site improvement plans shall show the meter size required.
46. 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 minimwn of2.5 inches in height with a 3/8 inch stroke and placed to
read from left to right and/or top to bottom..
City of Gilroy
Community Development Department
BlES Division - Building
408 846-0430 - Fax: 408 846-0429
Owner:
Project address:
Scope of Work:
Planning #:
Date:
Plan checker:
Delcurto
8895 Kern Avenue APN# 790-0+073 and 085
14 Single Family Dwellings
04070008,04070009, & 04070010 TM 04-10, Z 04-07 and A/S 04-32
7-26-2004
Jane Alexander
Please note that a Fite Sprinkler System shall be installed at the following lots numbefS 14 11, 12, 13
and 14.
The Building Division has performed a cursory review of preliminary plans submitted to the Planning Division for the
application noted above. The plans will require oompliance with the following informational items and conditions of
approval at the time of building permit submittal:
1. CONDmONS FOR SITE AND BUILDING PERMn:
· If guest/parking is to be provided, Accessible Parking shall meet the 2001 CBC Chapter 11
requirementS.
· Roof Drains/Rainwater leaders to be hard piped to storm drain system.
· Separate plan and pennit are required for Grading, Drainage and Erosion Control.
· Separate plan and pennit are required for Detached Retaining and Sound Walls.
· Separate plan with construction details are required for Garden Walls.
· Separate plan and pennit required for Fire Sprinklers, Alarms and Hydrants.
2. DESIGN PROFESSIONAL -This project will require a State of California registered design professional to design,
stamp and wet sign the construction plans.
In order in review, please provide the following:
· Deferred submittals and 5Decial insoection requirements shall be located on the Title DaCle of
the Plans.
· A fully dimensioned plot plan with distance to property lines/setbacks.
· Distance between structures.
. Building area.
. Type of oonstruction.
. Slopes and grade.
· Show the location of all entrances and exits.
· Show emergency egress to the public way.
· Locate all utilities on site plan.
· Show installation of Fire Sprinklers, Alarms and Hydrants.
· Exterior wall and openings construction shall comply with 2001 CBe Olapter 5.
3. BUILDING CODES - All oonstruction shall comply with Building, Mechanical, Plumbing, Bectrical, T-24 Energy
and Accessibility, and City codes in effect at the time of issuance of the building permits resulting in actual
construction. Put the version used for the design on the plans. All work shall conform to local ordinances and the
following:
· 2001 California Building Code.
· 2001 California Bectrical Code.
· 2001 California Mechanical Code.
. 2001 California Plumbing Code.
4. PLAN SUBMnTALS
· New Residential 4, 2 of the 4 wet stamped and signed.
· Model plans must included reverse plans for foundation, floor plans and sections.
· For subdivisions, submit an 81/2" x 11" inch plot plan, induding address, tract number, lot number,
setbacks, lot drainage, utilities and street furniture.
· Residential Alterations 3
. Energy and Structural Calculations 2
5. SOILS REPORT - A soils report shall be submitted containing design recommendations for footings, retaining
walls, and make provisions for anticipated differential settlement.
6. UM,A-This project may be in a flood zone and must meet the City of Gilroy "Floodplain Management
Ordinance" #98-16.
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7. FOUNDAnONS - All mitigation measures and design recommendations identified in the soils report
approved by the Building Official, MUST be reviewed by the soils engineer of record for
confonnance. Structural foundation design plans must also be reviewed by the soils Engineer of remrd for
conformance to recommendations contained within the soils report.
S. FOUNDAnON INSPECIlONS - Prior to requesting a Building Deparbnent foundation inspection, the
soils engineer shall inspect and approve the mitigation measures and the foundation excavations. The soils
engineer shall submit documentation to the Building Division, which verifies compliance with the
recommendations specified in the soils report
9. EROSION CONTROL - The applicant shall submit an Interim Erosion and Sediment Control Plan. This can be
inmrporated on the Grading Plan.
10. DUST AND MUD CONTROL MEASURES.
Contractors performing grading operations within the Oty where dry conditions are encountered shall adequately
control dust or mud from spreading off-site or into existing structures on-site. Prior to commencement of the
grading operations, contractor shall furnish details of proposed dust or mud control measures to the
Building Off'1Cia1 for approval Failure to oontrol dust or mud from grading operations shall result in
suspension of grading operations until adequate measures are in place to allow continuance.
11. SPECIAL INSPECIlONS - In addition to the inspections by CBCSec. 108, the
owner or the engineer or architect of record acting as the owners agent shall employ one or more special
inspectors who shall provide special inspections when required by CBC section 1701. Please contact the
Building Division at the time of plan submittal to obtain an application for special inspections.
12. STRUCTURAL CALCULAnONS - Provide Structural Calculations verifying compliance with all applicable
provisions of the Unifonn Building code Chapter 16. Prior to request for final inspection, written
verification by the engineer of record indicating conformance with the structural design shall be
submitted to the Gilroy Building Division.
13. DEMOl.ITION-Demolition permits will be issued in accordance with Oty Ordinance.
Prior to permit issuance: Submit a plot plan dearly showing the location and the JX>rtion of building or the
building to be demolished, a complete application for Demolition, a Bay Area Air Quality Management District "J"
number, and obtain approval from the Building Official for the scope of work. The forms nea!ssary are
available at the Building Counter.
Any Building over 50 years old may also require Historic Heritage Committee approval prior to demolition.
Check with the Planning Division for any additional requirements.
· Prior to demolition permit issuance a letter of Utilities Disconnect from PG&E must be submitted to the
Building Deparbnent
· Prior to demolition, a pre-site inspection is reqUired by the Building Department to verify the utilities, water
and sewer lines have been capped-off within (S) five foot of the property line.
· Prior to demolition a site plan shall be submitted to the Building Department showing the location of any
water pumps, wells, septic tanks, leech lines or structures on site.
14. GRADING AND SHORING - A site development permit shall be required for all grading and shoring work.
Shoring plans, calculations, etc., must be reviewed and approved by Building Division.
15. NOnCE OF EXCAVAnON-Prior to excavation, adjoining landowners shall be given notice of the date, location,
and extent of the excavation in conformity with Section 832 of the Civil Code and copies shall be provided to the
Building Oflkial prior to the issuance of the grading permit
16. BUILDING SEOJRITY - Provide details to show how the conditions of the Building Security
Ordinance # 85-17 will be met.
· Provide an illuminated address at the front of structure.
· Except where clear vision panels are installed, all front exterior doors shall be equipped with a wide-angle
(180 degree) door viewer, not to be mounted more than fifty-eight (S8) inches from the bottom of the
door.
17. ADDRESS - Provide proper address for proposed project on each page of plans prior to submission of plans for
initial building plan check. Provide Assessors Parcel number on title page.
18. CONSTRUCTION RESTRICIlONS -All construction shall be restricted to the following hours:
· Weekdays (Monday thru Friday) 7:00 am to 7:00 pm
· ~turdays an<l uty HOlidays 9:00 am to 7:00 pm
.. Sundays No Construction Activity Allowed.
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19. PRE-CONSTRUcnON CONFERENCE - A pre-mnstruction conference shall be held at a time and location
agreed upon by the Oty and applicant for the purpose of review and approval of construction procedures. The
building owner/developer shall be represented by his designer and construction staff. The Oty will be
represented by departments having conditions of approval on the project.
20. Please see attached Pre-Submittal Information and Onsite Grading and/or Improvements Required
General Notes. Contact the Building Deparbnent if you do not have a copy.
21. NOTE: This is .r:mI a plan review approval.
When building permit application is made, additional comments may be added due to incomplete plans, plan
changes from this Architecture and Site application, mistakes, errors or omissions.
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-100 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
15th day of November, 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 November, 2004.
~ lJ .
"~tlA- ~...(.4-
City lerk of the City of Gilroy
(Seal)