Resolution 2005-65RESOLUTION NO. 2005 -65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 05 -07A, A TENTATIVE
MAP TO SUBDIVIDE AN APPROXIMATELY 4.9 ACRE
SITE INTO 39 LOTS COMPRISED OF 38 RESIDENTIAL
PATIO HOME LOTS AND 1 LOT FOR COMMON AREAS
ON THE NORTH SIDE OF CYPRESS COURT WEST OF
JUNIPER DRIVE, APN 808 -01 -012
WHEREAS, Orchard Valley Communities submitted TM 05 -07A, requesting a tentative
map to subdivide an approximately 4.9 acre site into thirty -nine (39) lots comprised of thirty-
eight (38) residential patio home lots and one (1) lot for common areas on the north side of
Cypress Court west of Juniper Drive, APN 808 -01 -012; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), this
project falls within a categorical exemption as set forth in CEQA Guideline 15332 for in -fill
development; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September
1, 2005, at which time the Planning Commission considered the public testimony, the Staff
Report dated August 19, 2005 ( "Staff Report"), and all other documentation related to
application TM 05 -07A, and recommended that the City Council approve said application with
conditions; and
WHEREAS, the City Council held a duly noticed public hearing on September 19, 2005,
at which time the City Council considered the public testimony, the Staff Report, a follow -up
Staff Report dated September 9, 2005, and all other documentation related to application TM 05-
07A; and
WHEREAS, the City Council determined that the conditions of approval set forth in the
Staff Report and modified by the Planning Commission to include 27 parking spaces along the
driveway should be incorporated into the project; and
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Resolution No. 2005 -65
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 for the property 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 to the project site.
4. There is no substantial evidence in the entire record that the project will
have a significant effect on the environment.
5. 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 05 -07A should be and hereby is approved, subject to the
conditions attached hereto as Exhibit A entitled "TENTATIVE MAP CONDITIONS"
and incorporated herein by this reference.
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Resolution No. 2005 -65
PASSED AND ADOPTED this 3rd day of October, 2005, by the following vote:
AYES: COUNCIL MEMBERS: CORREA, DILLON, MORALES,
VALIQUETTE, VELASCO,
GARTMAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
Mayor Pro Tempore
ATTEST:
Rhonda Pellin, City Clerk
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Resolution No. 2005 -65
TM 05 -07A EXHIBIT A Benassi Oaks II
TENTATIVE MAP CONDITIONS
The applicant shall meet the following conditions, subject to the review and approval of the
Planning Division, Cydney Casper (408- 846 - 0440):
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 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.
2. 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.
3. 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.
4. Landscaping plans including specifications for an irrigation system and project
entryway and open space features shall be approved by the Planning Division in
accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a
building permit.
5. A Homeowner's Association (HOA) shall be established for the maintenance and
preservation of the private open space areas and streets. The developer, or successor
in interest, shall submit a copy of the Covenants, Conditions and Restrictions
(CC &R's) for review by the Planning Division and City Attorney prior to recordation
of any Final Map.
6. A reciprocal access agreement must be recorded and provided to the City prior to
final map approval.
7. 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.
The applicant shall meet the following conditions, subject to the review and approval of the
Engineering Division, Kristi Abrams (408- 846 - 0450):
8. A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
TM 05 -07A EXHIBIT A Benassi Oaks II
9. Certification of improvement on site plans is required prior to Building final (add to
general notes on Title sheet of plans).
10. Certification of fire flow test is required prior to final permit (add to general notes on
Title sheet of plans).
11. 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.
12. Certification is required by the design engineer of the design and construction for all
retaining walls shown on the improvement plans prior to final acceptance of the
subdivision.
13. 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.
14. All Traffic Control Plans shall be prepared by a licensed professional engineer with
experience in Traffic Control Design.
15. A Traffic Control Plan shall be provided in the Improvement Plan set for all work
within the public right -of -way.
16. All temporary roads or detours shall have temporary asphalt paving unless otherwise
approved by the City Engineer in writing.
17. Full frontage improvements are required for all new development. All streets must
show sidewalks both sides.
18. All work is to be done in compliance with the City of Gilroy Specifications Standards
and Design Criteria and is subject to all laws of this community by reference.
19. 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.
20. 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.
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 permit is required. This statement
must be added as a general note to the Grading and Drainage Plan.
22. A minimum of one exterior monument shall be set. Additional monuments can be
required by the City Engineer or City Surveyor as deemed necessary.
TM 05 -07A EXHIBIT A Benassi Oaks II
23. Location of monuments shall be tried out prior to work Any City monument
damaged, displaced or destroyed shall be replaced at the developers sole expense
24. 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.
25. A Final Map with all required dedications shall be filed with a copy transmitted to the
City.
26. The developer shall submit an estimate of the probable cost of developer- installed
off -site improvements with the Final Map submittal.
27. The developer shall submit fees and bonds and enter into an improvement agreement
prior to Final Map recordation.
28. In the event it is necessary to acquire offsite 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.
29. 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.
30. A current Title Report shall be submitted for review to the City prior to final map
approval.
31. Prior to any construction of the dry utilities in the field, the following will need to be
supplied to the City:
a. A professional engineer - signed and PG &E- approved original electric plan.
TM 05 -07A EXHIBIT A Benassi Oaks II
b. 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.
32. All lots shall drain to the street for storm drainage.
33. Improvement plans are required for all on -site and off -site improvements.
34. Submit a Hazardous Material clearance for any underground tank removal from the
appropriate agency.
35. 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.
36. 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.
37. Storm and sewer lines in private streets shall be privately maintained unless approved
by the City Engineer in writing.
38. 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.
39. If any portion of the project if located in a special flood hazard area, provide the
following statement in a bold box with minimum 1/4 -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 ".
40. 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.
41. If there is a Homeowners Association in place with this map prior to the map being
released for recordation, Conditions, Covenants and Restrictions shall be approved by
the Planning Division.
42. The City shall be notified at least two (2) working days prior to the start of any
construction work and at that time the contractor shall provide a project schedule and
a 24 hour emergency telephone number list.
TM 05 -07A EXHIBIT A Benassi Oaks II
43. All work shown on the improvement plans shall be inspected. Uninspected work shall
be removed as deemed appropriate by the City Engineer.
44. Once the tentative map is approved, the developer shall submit an 8-1/2 X 11 -inch
inch site plan to the Engineering Division to assign addressing which shows the
following: tract name and number, lot number, street names, property lines, right -of-
way lines, north arrow and curb cuts for driveway.
45. Reimbursement is required for any frontage infrastructure including but not limited to
curb, gutter, sidewalk, storm, sewer, and water, constructed by others that benefits
this development.
46. The permanent street name signs shall be installed immediately after the curb and
gutter construction is complete.
47. The developer /contractor shall make accessible any or all City utilities as directed by
the City Engineer.
The applicant shall meet the following conditions, subject to the review and approval of the
Fire Division, Jacqueline Bretschneider (408- 846- 0430):
48. Conditions shall be included on off -site improvement plans as "Fire Department
Notes" and conditions illustrated or notation added as directed on the Final Map.
49. At building permit a F -Site permit shall be obtained from the Fire Marshal.
50. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for
homes. 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. Curbing shall be painted red for 15 ft in front
of each hydrant.
51. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical
clearance of not less than 15 ft shall be provided. Turning radius shall not be less
than 32' inside and 39'outside. Road widths 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. 36 ft parking not restricted.
52. 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.
53. Final map to include a paragraph that reads: "Red curbing and signage shall be
maintained by the Home Owners Association.
TM 05 -07A I EXHIBIT A Benassi Oaks II
54. Due to the configuration of streets and units in this PUD all residential units and
accessory structure shall be provided with a Fire Sprinklers meeting the NFPA 13D
requirements. This condition shall be noted on the Final Map cover page and on
building plot plans.
55. When fire sprinkler systems are to be installed the site improvement plans shall
provide adequate water connections to support an NFPA 13 D fire sprinkler system.
This condition shall be noted on the final map cover page and site improvement plans
shall show the meter size required. House plot plans shall identify the house as being
sprinklered.
56. 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.
57. Directional Signage shall be provided in front of the community area and at each
alley that provides address range information for each alley.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -65 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
3rd day of October, 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 4th day of November, 2005.
City Clerk of the City of Gilroy
(Seal)