Resolution 2005-75RESOLUTION NO. 2005-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 05 -09, A TENTATIVE MAP
FOR SIX SINGLE - FAMILY RESIDENTIAL (RI) PARCELS
PLUS A PRIVATE STREET ON APPROXIMATELY 1.17
ACRES AT 7861 AND 7891 MILLER AVENUE, APN 808 -13-
009 AND -010
WHEREAS, Niles Development c/o Neil Mussallem, the applicant, submitted TM 05 -09,
requesting a tentative map for six (6) Single - Family Residential (R1) parcels plus a private street
on approximately 1. 17 acres at 7861 and 7891 Miller Avenue, APN 808 -13 -009 and -010; 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 6,
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 -09, and forwarded the application to the City Council without recommendation; 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 -09; and
WHEREAS, the City Council determined that the conditions of approval set forth in the
Staff Report should be incorporated into the project; 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.
IGBO1672183.1
01- 101105 - 04706089
-I-
Resolution No. 2005 -75
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 to the project site.
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 -09 should be and hereby is approved, subject to the
conditions attached hereto as Exhibit A entitled "APPENDIX 2: Tentative Map
Conditions" and incorporated herein by this reference.
PASSED AND ADOPTED this 17`h day of October, 2005, by the following vote:
AYES: COUNCIL MEMBERS: CORREA, MORALES, VELASCO, and
PINHEIRO
NOES: COUNCILMEMBERS: DILLON, GARTMAN, and VALIQUETTE
ABSENT: COUNCILMEMBERS: NONE
\GB01672183.1
01- 101105 - 04706089
-2-
Resolution No. 2005 -75
ATTEST:
Rhonda Pellin, City Clerk
1GB01672183.1
01- 101105 - 04706089
-3-
APPROVED:
-Allber�finheiro, Mayor
Resolution No. 2005 -75
000030
AS 05-40, TM 05-09 8 8/25/05
APPENDIX 2:
Tentative Map Conditions:
Planning Division (contact Gregg Polubinsky 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 a -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.
3. The retaining wall and fence around the outside boundary of the project will be constructed on the
Willowbrook property. Willowbrook shall negotiate with each neighbor to insure that Willowbrook's
fence will be the only remaining fence or that the neighbor has chosen for their existing fence to
remain, in which case any gap between the two fences will be closed at the top of the lower fence by
Willowbrook.
4. All newly constructed fence on the project perimeter will be a "good neighbor" fence meaning at the
least, each adjacent fence panel will alternate facing in and then out. This does not preclude a double -
faced fence.
Engineering Division (contact Kristi Abrams 408- 846 -0450)
These conditions are subject to the review and approval of the Engineering Division.
5. No parking shall be allowed at the property frontage on Miller Avenue.
6. The storm and sewer utilities shall be private.
7. A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
8. Certification of improvement on site plans is required prior to Building final (add to general notes on
Title sheet of plans).
9. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of
plans).
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. 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.
12. 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.
13. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in
Traffic Control Design. =ff A
000031
AS 05 -40, TM 05 -09 9 8/25/05
14. A Traffic Control Plan shall be provided in the Improvement Plan set for all work within the public
right -of -way.
15. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the
City Engineer in writing.
16. Full frontage improvements are required for all new development. All streets must show sidewalks
both sides.
17. 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.
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
properties.
20. 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.
21. A minimum of one exterior monument shall be set. Additional monuments can be required by the City
Engineer or City Surveyor as deemed necessary.
22. 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.
23. 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.
24. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
25. The developer shall submit an estimate of the probable cost of developer - installed off -site
improvements with the Final Map submittal.
26. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final
Map recordation.
27. 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.
000032
AS 05-40, TM 05 -09 10 8/25/05
28. 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.
e. A current Title Report shall be submitted for review to the City prior to final map approval.
29. 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.
30. All lots shall drain to the street for storm drainage.
31. Improvement plans are required for all on -site and off -site improvements. Submit a Hazardous
Material clearance for any underground tank removal from the appropriate agency.
32. 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.
33. 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.
34. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
35. 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.
000033
AS 05 -40, TM 05 -09 11 8/25/05
36. If any portion of the project if located in a special flood hazard area, provide the following statement in
a bold box with minimum t/a -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 ".
3 7. 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 fast building.
38. 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.
39. 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.
40. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as
deemed appropriate by the City Engineer.
41.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.
42. 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.
43. The permanent street name sign shall be installed immediately after the curb and gutter construction is
complete.
44. The developer /contractor shall make accessible any or all City utilities as directed by the City
Engineer.
Community Services Department (contact Todd Barreras 408 - 846 -0460)
These conditions are subject to the review and approval of the Community Services Department.
45. Street trees are required under the City's Street Tree Policy. Contact the Community Services
department for requirements on placement, species and maintenance.
Fire Marshall (contact Jacqueline Bretschneider 408 - 846 -0430)
These conditions are subject to the review and approval of the Fire Marshall.
46. Street Hydrants shall be spaced every 300 ft. A hydrant shall also be located at the end of any dead
end or cul -de -sac. Hydrant location shall be indicated on the final map and subject to Fire Marshal
approval. Hydrants shall be installed prior to commencement of construction with combustible
materials.
000034 �.
AS 05 -40, TM 05 -09 12 8/25/05
47. Due to lack of available fire hydrant.water flow, an NFPA 13D fire sprinkler system is required in each
home. House plot plans shall identify the house as being sprinklered.
48. Street Hydrants shall be 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 7 ft on each
side of each hydrant.
49. 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'. 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.
50. 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.
51. 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."
52. Roads shall provided an inside turning radius of not less than 32' and outside radius of not less than
39'.
53. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has
begun.
54. 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.
55. 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.
56. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has
begun.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -75 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 Clerk of the City of Gilroy
(Seal)