Resolution 2006-19RESOLUTION NO. 2006 -19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A ONE -YEAR EXTENSION FOR TM
02 -11, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 19.2 ACRE SITE INTO 59 SINGLE -
FAMILY RESIDENTIAL PARCELS PLUS OPEN SPACE AND
CONSERVATION HABITAT EASEMENTS AT THE
INTERSECTION OF THOMAS ROAD, MESA ROAD, AND
MILLER AVENUE, APN 810 -28 -001.
WHEREAS, Ruggeri- Jensen -Azar & Associates on behalf of Dividend Homes has
requested a one -year extension of the approval for TM 02 -11, a Tentative Map to subdivide an
approximately 19.2 -acre site into fifty -nine (59) single - family lots plus open space and
conservation habitat easements at the intersection of Thomas Road, Mesa Road, and Miller
Avenue, APN 810 -28 -001.
WHEREAS, the application was timely filed prior to the map's expiration on March 1,
2006, and therefore pursuant to California Government Code section 66452.6, the life of the map
was automatically extended by sixty (60) days or until the application is approved or denied,
whichever occurs first; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council on February 2, 2004, certified a Final Environmental Impact Report ( "Final EIR ") and
adopted a Mitigation/Monitoring Program for this project, as set forth in Resolution No. 2004-
10; and
WHEREAS, the City Council after a duly noticed public hearing on January 20, 2004,
first approved TM 02 -11 by Resolution No. 2004 -18 adopted March 1, 2004; and
WHEREAS, pursuant to Gilroy City Code sec. 21.41.1, a tentative map is valid for two
(2) years after approval and may be granted a up to three (3) extensions of one (1) year each by
the City Council; and
WHEREAS, the City Council at a duly noticed public meeting on March 6, 2006,
considered the proposed one -year extension of TM 02 -11 and the Staff Report dated February
28, 2006; and
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Resolution No. 2006 -19
WHEREAS, the City Council determined that current Engineering and Fire Division
standards should apply to the extension of TM 02 -11, and therefore has revised the conditions of
this map as set forth herein at Exhibit "A "; 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.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
1. The project is consistent with the land use designation and relevant
policies of the General Plan.
2. The project is consistent with the Zoning Ordinance, the City's
Subdivision and Land Development Code, and the State Subdivision
Map Act.
3. There are no facts to support findings requiring denial of the proposed
tentative map extension pursuant to California Government Code
section 66474.
4. There is no substantial evidence in the record that this project as
mitigated will have a significant effect on the environment.
B. Approval of Tentative Map TM 02 -11, which was set to expire March 1, 2006, is
hereby extended by one year until March 1, 2007, subject to the following
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030906 - 04706089
conditions:
1. The fifty -nine (59) conditions of approval, including those consistent
with Engineering and Fire Division standards, attached hereto as "Exhibit
A" and incorporated herein by this reference.
2. The Mitigation Monitoring Checklist and the twenty -three (23) mitigation
measures set forth in the Final Environmental Impact Report based upon
the Draft Environmental Impact Report dated August 2003 for the Mesa
Ridge Subdivision, as set forth in Resolution No. 2004 -10, which
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Resolution No. 2006 -19
Checklist and mitigation measures are incorporated herein by this
reference.
PASSED AND ADOPTED this 20th day of March, 2006, by the following vote:
AYES: COUNCIL MEMBERS: ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
Albs P& eiro, Mayor
r
A T::
Rhonda Pellin, City Clerk
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Resolution No. 2006 -19
MAR -14 -2006 14:50 BERLINER COHEN 4089382577
City of Gilroy, California, 7351 Rosanna Street, 45020
CONbI.TIONS OV AP' ROVAL
1. MITIGATION MEASURES #1 through #23 containedmithin the Final Environmental Impact Report
based upon the Draft Environmental Impact Report dated August 2003 for the Mesa Ridge Subdivision
and as set forth in Resolution No. 2004 -10 shall apply to the approval of this Tentative Map in order to
reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under
the California Environmental Quality Act (CEQA).
2. Subdivider shall defend, indemnify, and hold harmless & 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. 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.
4. Prior to City Council action the street system must be named,
5. An RDO Performance Agreement must be completed within 60 days of the approval of the Tentative
Map.
6. The Applicant shall obtain approval of a Planned Unit Development Architectural and Site Review
application prior to the issuance of a Final Map.
7. The Applicant must provide a domestic water system design, which may include bringing both Zone 1
and 2 water up to and through this project; the design of .which must be acceptable to the City Engineer
prior to approval of the Final Map,
8. Chappell and Sargenti's residential access must be maintained during project construction.
9. The existing access road must be maintained and can only be abandoned after "Street A" is constructed.
10. Full frontage improvements are required for all new development, All streets must show sidewalks on
both sides.
11. Pad for trash receptacles shall be provided off private sireets.
12. A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
13. Certification of improvement on site plans is required prior to Building final (add to general notes on
Title sheet of plans).
EXHIBIT A
MAR -14 -2006 14:50 BERLINER COHEN 4009382577
2 TM 02 -11
14. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of
plans).
15, 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.
16. 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.
17. All retaining walls must be constricted of permanent materials such as concrete or masonry, and shall be
of a modular design; wood shall not be permitted.
18. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in
Traffic Control Design.
19. A Traffic Control flan shall be provided in the Improvement Plans set for all work within the public
right -of -way.
20. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the
City Engineer in writing.
21. Full frontage improvements are required for all new development. All streets must show sidewalks on
both sides.
22. 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,
23. 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.
24. 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 plants shall show the grades of all adjacent
properties.
25, 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.
26. A minimum of one exterior monument shall be set. Additional monuments can be required by the City
Engineer or City Surveyor as deemed necessary.
27. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or
destroyed shall be replaced at the developer's sole expense.
MAR -14 -2006 14:50 BERLINER COHEN 4089382577
3 TM 02 -11
28. 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.
29. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
34. The developer shall submit an estimate of the probable cost of developer - installed off -site
improvements with the Final map submittal.
31. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map
recordation.
32. In the event it is necessary to acquire offsite easements or street right -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.
33. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be
completed: T
a. he 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 oftuilding 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.
34. A current Title Report shall be submitted for review to the City prior to Final map approval.
35, 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.
36. All Iots shall drain to the street for storm drainage.
37. Improvement plans are required for all on -site and off -site improvements.
38. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency.
MAR -14 -2006 14:50 BERLINER COHEN 4089382577
4 TM 02 -11
39. 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.
40. The developer shall negotiate right -of -way with Pacific Gas and Electric and other utilities subject to
the review and approval by the Engineering Division and the utility companies.
41. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
42. 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.
43. If any portion of the project is located in a special flood hazard area, provide the following statement in
a bold box with minimum 1/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 ".
44. 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.
45. 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.
46. 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.
47. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as
deemed appropriate by the City Engineer.
48. Once the tentative map is approved, the developer shall submit an 8 -1/2 X 11 -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.
49. 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.
50. The permanent street name sign shall be installed immediately after the curb and gutter construction is
complete.
NAR -14 -2006 14:50 BERLINER COHEN 4089382577
5
TM 02 -11
51. The developer /contractor shall make accessible any or all City utilities as directed by the City Engineer.
52. Street Hydrants shall be spaced every 300 ft. A hydrant' hall also be located at the end of any dead end
or cul -de -sac. Hydrant location shall be indicated on the improvement plans that accompany the final
map and subject to Fire Marshal approval_ Hydrants shall be installed prior to commencement of
construction with combustible materials.
53. Roadways shall provide a minimum 20 feet of unobstructed travel. When roadside parking is restricted
there shall be signage and curbs painted red. A parking enforcement plats shall be adopted into the ,q
HOA CCR`s for use by the HOA. It shall establish the obligation of the HOA to maintain and enforce
the no parking areas. Use of tow service shall be incorporated into the plan_ Improvement plans shall
show no parking areas and shall provide a note indicating: Signage and curb painting shall be
maintained in good condition. The Final Map shall show no parking areas and shall provide a note
indicating that-
" No Parking Areas are for providing adequate emergency vehicle access. They shall be
enforced by the HOA and the red curbing and signage shall be maintained in good condition."
54. In lieu of a required secondary access EVA, the developer shall provide a residential fire sprinkler
system for all homes.
55. The pubic roadway into the development shall provide a'wider driveway access and modified curb, and
landscape and sidewalk design such that there is an additional 15 feet of accessible right of way width
to accommodate additional access for fire apparatus. The design, shall be approved by Fire,
Engineering, and Planning prior to the final map.
56. Lots against hillside or open spaces shall have irrigated landscaping to the rear fence line and shall not
utilize plants that are not approved for residential hillside areas. A managed vegetation or mowed strip
that is 10 feet wide shall be provided along roadways that are adjacent to open spaces. This shall be
maintained by the HOA in accordance with the requirements of the Conservation Easement areas. All
homes shall have non - combustible roofs and exterior walls. Combustible eves shall be enclosed or
consist of timber with dimension of not less than 6 inches. The HOA CCR's shall contain language that
requires the maintenance of these fire safety features.
57. DEMOLITION — Any structure, well, or septic tank put ;out of code compliance with the creation of a
property line must have a demolition permit and be demolished before final map.
58. Provide accessible path of travel throughout parcel to public way.
59. A second tot lot shall be added to the project and each tot lot sited so that they serve different areas of
the residential neighborhood.
TOTAL P.06
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006 -19 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 March, 2006, 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 30th day of March, 2006.
r
City Clerk of the City of Gilroy
(Seal)