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Resolution 2004-106 RESOLUTION NO. 2004-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 04-12, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 0.61 ACRE PARCEL INTO 4 RESIDENTIAL LOTS, A PRIVATE STREET, AND A PARKING AREA LOCATED AT 8531 AND 8541 WAYLAND LANE (THE TERMINUS OF WAYLAND LANE), APNS 790-26-002, 003 WHEREAS, Chris Cote, the applicant, submitted application TM 04-12, requesting a tentative map to subdivide approximately 0.61 acres into five (5) residential lots, a private street, and a parking area; and WHEREAS, the property affected by TM 04-12 is located at 8531 and 8541 Wayland Lane (the terminus of Wayland Lane), APNs 790-26-002, 003; and WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical exemption for infill development projects pursuant to CEQA Guidelines Section 15332, which applies to this project; and WHEREAS, the Planning Commission held duly noticed public hearings on October 7, 2004, and November 4, 2004, at which time the Planning Commission considered the public testimony, the staff report dated Revised October 26, 2004 ("Staff Report"), and all other documentation related to application TM 04-12, and recommended that the City Council approve said application, but expressed concerns about the proposed density, parking supply, setbacks and the area for garbage pickup; and WHEREAS, the applicant revised the proposal to address the above issues by eliminating one lot on the proposed tentative map, by increasing parking, by adjusting the setbacks to conform to City standards and by expanding the area for garbage pick-up; and WHEREAS, the City Council held a duly noticed public hearing on November 15, 2004, at which time the City Council considered the public testimony, the Staff Report, a supplemental staff report dated November 8, 2004, and all other documentation related to application TM 04- 12; and \G80\643330.1 01-120604-04706089 -1- Resolution No. 2004-106 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. SECTION I NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds as follows: 1. The project is consistent with the land use designation on the City's General Plan map and with the intent of the goals and policies of the General Plan. 2. The project is consistent with the Zoning Ordinance, the City's Subdivisions and Land Development Code, and the State Subdivision Map Act. 3. Public utilities and infrastructure improvements needed to serve the proposed project are in close proximity along Wayland Lane. 4. The project is consistent with surrounding development. 5. There is no substantial evidence in the entire record that the project as mitigated will have a significant effect on the environment. 6. 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 04-12 should be and hereby is approved as modified, subject to the 62 conditions attached hereto as Exhibit A and incorporated herein by this reference. SECTION II This Resolution shall become effective, and approval of TM 04-12 granted, if, and only if, and upon the same date that Ordinance No. 2004-21 approving Z 04-11 becomes \G80\643330.1 01-120604-04706089 -2- Resolution No. 2004-106 effective. If said Ordinance does not take effect, then TM 04-12, without any further action required by the City Council, is denied. PASSED AND ADOPTED this 20th day of December, 2004 by the following: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~r2~M~ Rhonda Pellin, Ctty Clerk \G80\643330.1 01-120604-04706089 -3- Resolution No. 2004-106 CHRIS COTE FINAL CONDITIONS OF APPROVAL TM 04-12 and A/S 04-42 TENTATIVE MAP CONDITIONS Plannin2: Division (contact Melissa Durkin at 846-0440) I. Approval of TM 04-12 is suhject to the applicant receiving approval of Zone Change application Z 04-11. 2. The applicant shall obtain Planned Unit Development Architectural & Site approval prior to Final Map recordation, suhject to the review and approval ofthe Planning Division. 3. Vector based e-files will he 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. Citv Attornev (contact Linda Callon at 286-5800) 4. The 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 suhdivision. 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. 5. With the exception oflots that received an exemption 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 the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. En2:ineerin2 Division (contact Kristi Abrams or Don Dey at 846-0450) 6. Install fire hydrants at the beginning and the end of the cul-de-sac. 7. Show the nearest fire hydrant off-site. 8. Provide pedestrian-oriented lighting in the cul-de-sac. EXHIBIT A TM 04-12 and A/S 04-42 Final Conditions of Approval 2 11/30/04 9. Provide storm drain manholc at the propeliy line. 10. Storm utilities on site shall be private and watcr and sewer shall be public. II. Eliminate outfill1 and connect storm drain system to existing stonn drain system subject to the approval of the city Engineer. 12. Correct water course name to Mil1er Slough. 13. A SWPPP and an Erosion Control Plan is required for all development over I acre. 14. Certification of improvement on site plans is required prior to Building final (add to general notes on Title sheet of plans). 15. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans). 16. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 17. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria. 18. 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. 19. 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 propeliies. 20. Certification of grades and compaction is required prior to building pennit final. This statement must be added as a general note to the Grading and Drainage Plan. 21. 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 pennit is required. This statement must be added as a general note to the Grading and Drainage Plan. 22. 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. 23. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 24. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final Map submittal. EXHIBIT A TM 04-12 and A/S 04-42 Final Conditions of Approval 3 11/30/04 25. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 26. In the event it is necessary to acquire offsite casements 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 casements 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. 27. Prior to Final Map approval and approval ofthe Improvement Plans, the following items will need to be completed: 28. The developer shall provide joint trench composite plans for the unde rground 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.) 29. 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. 30. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. 31. The City will collect the plan check and inspection fee for the utility underground work. 32. A current Title Report shall be submitted for review to the City prior to final map approval. 33. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: 34. A professional engineer-signed and PG&E-approved original electric plan. 35. A letter tl-om the design Electrical or Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. 36. 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. 37. All lots shall drain to the street for stonn drainage. 38. Improvement plans are required for all on-site and off-site improvements. 39. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. EXHIBIT A TM 04-12 and A/S 04-42 Final Conditions of Approval 4 11/30(04 40. 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. 41. 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. 42. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 43. 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. 44. Tfany portion ofthe project is 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 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". 45. If any portion ofthe project contains recycled water facilities as shown in the South County Recycled Water Master Plan, the facilities shall be installed at sole expense ofthe developer prior to final or occupancy of the first building. 46.. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes, errors or omissions. 47. Provide pedestrian level street lighting. 48. Create a public cul-de-sac at the end of Wayland Lane. 49. Confirm drip line radius ofthe City oak tree on the ridge of the proposed public cul-de-sac. Provide special tree root zone protection where in conflict with public cul-de-sac improvements. Provide arborist prescribed protection measures during construction. 50. Install fire hydrant at end of new public cuI-de-sac on Wayland Lane. Locate all water meters at end of public cui-dc-sac and run laterals to lots. Fire hydrant at end of private cul-de-sac can be eliminated. 51. Complete missing sidewalk between this project and the existing sidewalk on Wayland Lane. 52. Provide storm drain manhole at the property line. 53. Show lot drainage. All lots shall drain to the street. EXHIBIT A TM 04-12 and A/S 04-42 Final Conditions of Approval 5 11/30/04 54. Consider a parallel parking space design that has four (4) parking stalls. (Contact Don Dey at 846- 0450 for further discussion and clarification.) 55. Show existing sewer line and casement at the southerly boundary line, specifically lots I and 2. 56. Storm and water utilities on-site shall be private and sewer shall be public. 57. Eliminate outfall and connect stonn drain system to existing storm drain system subject to the approval of the City Engineer. 58. All project utilities shall be located on this project site. Fire Deoartment (contact Rodger Maggio at 846-0430) 59. 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 improvements. 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 the Fire Marshal prior to the building permit. 60. Private roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 15 ft shall be provided. No parking shall obstruct this width. No parking shall be allowed unless in designated spaces. 61. Final map to include a paragraph that reads: "Red curbing and signage shall be maintained by the Home Owners Association. Parking enf()rcement shall be implemented by the Homeowners Association. " 62. Due to the configuration of street and units in this PUO, all residential units shall be provided with a Fire Sprinklers meeting the NFP A 130 requirements. This condition shall be noted on the final map cover page. EXHIBIT A I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-106 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 20th day of December, 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 27th day of December, 2004. Q A'^- (Seal)