Resolution 2005-16
RESOLUTION NO. 2005-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 04-14, A TENTATIVE MAP
TO SUBDIVIDE AN APPROXIMATELY 0.37 ACRE SITE
INTO 8 PARCELS WHICH INCLUDE 6 DETACHED
LIVE/WORK PARCELS, ONE COMMERCIAL PARCEL
AND ONE COMMON SPACE PARCEL LOCATED AT 7031
MONTEREY STREET, BETWEEN NINTH AND TENTH
STREETS, APN 799-11-031.
WHEREAS, Shirley Lu1evitt, the applicant, submitted TM 04-14, requesting a tentative
map to subdivide an approximately 0.37 acre (15,984 square feet) site into an eight (8) parcels
which include 6 detached live/work parcels, one commercial parcel and one common space
parcel located at 7031 Monterey Street, between Ninth and Tenth Streets, APN 799-11-031; 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 a duly noticed public hearing on February 3,
2005, at which time the Planning Commission considered the public testimony, the Staff Report
dated Revised January 31, 2005 ("Staff Report"), and all other documentation related to
application TM 04-14, and recommended that the City Council approve said application with
conditions; and
WHEREAS, the City Council held a duly noticed public hearing on February 22, 2005, at
which time the City Council considered the public testimony, the Staff Report, a follow-up staff
report dated February 9, 2005, and all other documentation related to application TM 04-14; and
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.
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Resolution No. 2005-16
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 for the property on
the City's General Plan map and with the intent of the goals and policies of the General
Plan document.
2. The project is consistent with the City's 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 on Monterey Street.
4. The project is consistent with surrounding development, which is both
residential and commercial.
5. There is no substantial evidence in the entire record that the project 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 04-14 should be and hereby is approved, subject to the thirty-
two (32) conditions attached hereto as Exhibit A and incorporated herein by this
reference.
II
II
II
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Resolution No, 2005-16
PASSED AND ADOPTED this 21st day of March, 2005, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
~~,
Rh nda Pellin, City Clerk
IGB01650909.1
022505-04 706089
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO,
and PINHEIRO
NONE
NONE
APPROVED:
~
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Resolution No, 2005-16
EXHIBIT A
City of Gilroy
Community Development Department
Planning Division
7351 Rosanna St.
Gilroy, CA
(408) 846-0440
Zone Change,
Architectural & Site Review (PUD), and
Tentative Map
Revised March 1, 2005
APPLICANT:
Shirley Lulevitt (408) 265-8857
LOCATION: 7031 Monterey Street, between Ninth and Tenth Streets
STAFF PLANNER: Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us
TENTATIVE MAP CONDITIONS:
Plannin2 Division (contact Gre22 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.
2. 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.
En2ineerin2 Division (contact Kristi Abrams 408-846-0450)
These conditions are subject to the review and approval of the Engineering Division.
3. A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
4. Certification of improvement on site plans is required prior to Building final (add to general notes on
Title sheet of plans).
5. Certification offire flow test is required prior to final permit (add to general notes on Title sheet of
plans).
6. Full frontage improvements are required for all new development. All streets must show sidewalks on
both sides.
TM 04-14
2
Revised 311105
7. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design
Criteria.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
14. The developer shall submit an estimate of the probable cost of developer-installed off-site
improvements with the Final Map submittal.
15. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map
recordation.
16. 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,
17. 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.
18. A current Title Report shall be submitted for review to the City prior to final map approval.
19. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the
City:
TM 04-14
3
Revised 3/1/05
20. A professional engineer-signed and PG&E-approved original electric plan.
21. 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.
22. 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.
23. All lots shall drain to the street for storm drainage.
24. Improvement plans are required for all on-site and off-site improvements.
25. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency.
26. 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.
27. 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.
28. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
29. Ifany 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.
30. If any portion ofthe project is located in a special flood hazard area, provide the following statement in
a bold box with minimum Y4-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".
31. 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.
32. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes,
errors or omissions.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005-16 is an original resolution, or true and correct copy ofa city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
21st day of March, 2005, 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 24th day of March, 2005.
~dJP~,
City .lerk of the. <;:ity of Gilroy
(Seal)