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Resolution 2005-70RESOLUTION NO. 2005 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 05 -07B, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 2 ACRE PARCEL INTO EIGHT RESIDENTIAL LOTS, A PRIVATE PARK SITE, AND A PRIVATE STREET AT THE TERMINUS OF FOXGLOVE COURT, AT THE NORTHWEST CORNER OF SANTA TERESA BOULEVARD AND THOMAS ROAD, APN 808 - 20-003 WHEREAS, The James Group c/o James Suner, the applicant, submitted TM 05 -07B, requesting a tentative map to subdivide an approximately 2 acre parcel into eight (8) residential lots, a private park site, and a private street at the terminus of Foxglove Court, at the northwest corner of Santa Teresa Boulevard and Thomas Road, APN 808 -20 -003; 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 Planning Commission held a duly noticed public hearing September 1, 2005, at which time the Planning Commission considered the public testimony, the Staff Report dated August 25, 2005 ( "Staff Report"), and all other documentation related to application TM 05 -07B, and recommended that the City Council approve said application; 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 13, 2005, and all other documentation related to application TM 05 -07B; and WHEREAS, the City Council determined that the conditions of approval set forth in the Staff Report and recommended by the Planning Commission should be incorporated into the project; and IGB01672185.1 01- 101005- 04706089 -I- Resolution No. 2005 -70 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 and 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 Foxglove Court. 4. The project is consistent with surrounding development. 5. There is no substantial evidence in the entire record that the project as conditioned 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 05 -07B should be and hereby is approved, subject to the 1GB01672185.1 01- 101005 - 04706089 conditions attached hereto as Exhibit A entitled "TENTATIVE MAP CONDITIONS" and incorporated herein by this reference. Resolution No. 2005 -70 C. SECTION II This Resolution shall become effective, and approval of TM 05 -07B granted, if, and only if, and upon the same date that Ordinance No. 2005 -21 approving Z 05 -03 becomes effective. If said Ordinance does not take effect, then TM 05 -07B, without any further action required by the City Council, is denied. PASSED AND ADOPTED this 17'' day of October, 2005, by the following vote: AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATT T: Rhonda Pellin, City Clerk M016721851 01- 101005 - 04706089 -3- APPROVED: nheiro, Mayor Resolution No. 2005 -70 • TM 05 -07B �J Masoni Vineyard Final Condition of Approval TENTATIVE MAP CONDITIONS Planning Division (contact Melissa Durkin at 846 -0440) Approval of TM 05 -07B is subject to the applicant receiving approval of Zone Change application Z 05 -03. 2. The applicant shall obtain Planned Unit Development Architectural & Site approval prior to Final Map recordation, subject to the review and approval of the Planning Division. 3. The developer shall submit vector based e -files prior to Final Map approval, readable by AutoCAD (IGES, DXF, DWG) and containing lot and street layout and all City utilities. 4. The developer shall submit a copy of the Conditions, Covenants and Restrictions to the Planning Division for approval prior to submittal of the Final Map. City Attorney (contact Linda Callon at 286 -5800) 5. 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 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. 6. With the exception of lots 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. 1_ *:4:110911 AI TM 05 -07B 2 Final Conditions of Approval Engineering Division (contact Kristi Abrams at 846 -0450) 10/10/05 7. The new curb, gutter and sidewalk shall be extended to the existing curb, gutter and the sidewalk at Santa Teresa and Thomas Road. 8. Add a note to the first sheet of improvement plans: The Homeowners Association shall maintain the sound fence and the landscaping facing Santa Teresa Boulevard. 9. Change the construction hours note to eliminate the work on City holidays. 10. 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. 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. 14. 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. 15. 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 16. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in Traffic Control Design. 17. A Traffic Control Plan shall be provided in the Improvement Plan set for all work within the public right -of -way. 18. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 19. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 20. 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. 21. 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. EXHIBIT A TM 05 -07B 3 10110105 Final Conditions of Approval 22. 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. 23. 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. 24. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 25. 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 26. 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. 27. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 28. The developer shall submit an estimate of the probable cost of developer - installed off -site improvements with the Final Map submittal. 29. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 30. 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. 31. 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. 32. A current Title Report shall be submitted for review to the City prior to final map approval. 1W114:i1:3rr:1 TM 05 -07B 4 10/10/05 Final Conditions of Approval 33. 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. 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. 34. All lots shall drain to the street for storm drainage. 35. Improvement plans are required for all on -site and off -site improvements. 36. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 37. 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. 38. 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. 39. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 40. 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. 41. If any portion of the project if located in a special flood hazard area, provide the following statement in a bold box with minimum '/o -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 ". 42. 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. 43. 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. 44. 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. EXHIBIT A TM 05 -07B 5 10/10/05 Final Conditions of Approval 45. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 46. 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. 47. 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. 48. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 49. The developer /contractor shall make accessible any or all City utilities ad directed by the City Engineer. 50. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes, errors or omissions. Fire Department (contact Rodger Maggio at 846 -0430) 51. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to 3600 square ft. 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 on each side of each hydrant. 52. Roadways shall provide a minimum 20 feet of unobstructed travel. Road widths shall be as follows, or an exception from the Fire Chief obtained: 20 ft. no parking on either side 28 ft. no parking on one side. 36 ft parking not restricted. 53. 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 HOA to follow, and shall be included in the CC &R's. 54. 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." EXHIBIT A TM 05 -07B 6 10/10/05 Final Conditions of Approval 55. Dead end public streets shall be provided with a cul -de -sac of 78'diameter. Dead end private streets may use alternate turn around configurations when fire sprinklers are provided. 56. Provide a Fire Access turn around of a 54'x54' rectangular turnaround from a minimum 20' entry adjacent to one corner, or provide an EVA gate to Thomas Rd with Police/Fire KNOX lock. 57. Roads shall provided inside turning radius of not less than 32' and outside radius of not less than 39' 58. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has begun. 58. Due to the location of this PUD, being outside of the Fire Department 5 minute response time area the homes shall be provided with a residential fire sprinkler system meeting the NFPA 13D requirements. 59. 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. 60. 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. 61. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has begun. EXHIBIT A I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005 -70 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 17th 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 lerk of the City of Gilroy (Seal)