Resolution 2006-34
RESOLUTION NO. 2006-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 05-15, A TENTATIVE MAP
TO CREATE TWELVE (12) RESIDENTIAL LOTS, A
PRIVATE PARK SITE, AND A PRIVATE STREET ON
APPROXIMATELY 1.45 ACRES AT 9025 KERN AVENUE,
NORTH OF MANTELLI DRIVE, APN 790-04-090
WHEREAS, the applicant, The James Group, submitted TM 05-15, requesting a tentative
map to create twelve (12) residential lots, a private park site, and a private street on an
approximately lAS-acre parcel zoned Medium Density Residential-Planned Unit Development
(R3/PUD) at 9025 Kern Avenue, north of Mantelli Drive, APN 790-04-090; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Final
Environmental Impact Report ("EIR") was prepared for the City of Gilroy General Plan Update
and certified by the City Council on June 13, 2002, in compliance with CEQA; and the Council
adopted CEQA findings and a Statement of Overriding Considerations in Resolution No. 2002-
41, and adopted a mitigation/monitoring program; and
WHEREAS, pursuant to CEQA Guideline 15183, projects that are consistent with the
development density in a general plan for which an EIR was certified do not need additional
environmental review unless there is a project-specific impact, and the City has determined that
tentative map TM 05-15 is consistent with the General Plan Update, and that there are no
impacts beyond those studied in the Final EIR for the Update; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 6,
2006, at which time the Planning Commission considered the public testimony, the staff report
dated March 27, 2006 ("Staff Report"), and all other documentation related to application
TM 05-15, and recommended that the City Council approve this application; and
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Resolution No. 2006-34
WHEREAS, the City Council held a duly noticed public hearing on May 1, 2006, at
which time the City Council considered the public testimony, the Staff Report, a follow-up staff
report dated April 25, 2006, and all other documentation related to application TM 05-12; 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
Proj ect; 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.
SECTION I
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds as follows:
1. The Project conforms to the land use designation for the property on the
City's General Plan map and is consistent with the intent of the goals and policies of the
General Plan.
2. The Project is consistent with the City's Zoning Ordinance and
Subdivisions and Land Development Code, and the State Subdivision Map Act.
3. Public utilities and infrastructure improvements needed to serve the
Project are in close proximity to the Project site 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 cause specific impacts not studied and mitigated in the General Plan
Update Final EIR.
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Resolution No. 2006-34
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 05-15 should be and hereby is approved, subject to the
"Tentative Map Conditions" attached hereto as Exhibit A and incorporated herein by this
reference.
PASSED AND ADOPTED this 5th day of June, 2006, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, and
PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
VELASCO
ATT,.
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Rhonda Pellin, City Clerk
APPROVED:
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j\lli'Crt Pinheiro, Mayor
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Resolution No. 2006-34
EXHIBIT A
TM 05-15
FINAL CONDITIONS OF APPROVAL
TENTATIVE MAP CONDITIONS
Plannin2 Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@ci.gilroy.ca.us)
1. Approval of TM 05-15 is subject to the applicant receiving approval of Zone Change application Z
05-17.
2. The applicant shall obtain Planned Unit Development Architectural & Site approval (NS 05-64
(PUD)) prior to Final Map recordation, subject to the review and approval ofthe 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, linda.callon@berliner.com)
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 oflots that received an exemption from the application ofthe 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.
7. 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.
TM 05-15 .
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En2ineerin2 Division (contact Kristi Abrams at 846-0450, Kristi.Abrams@ci.gilroy.ca.us)
8. The driveway at Lot 3 needs to be relocated to the North.
9. The water line shall be public, rather than private.
10. On the Final Map show:
a. The location, names and widths of all adjoining highways, streets roads; the width and
approximate grades of rights-of-ways and roadways for all highways, streets and roads within
such proposed development, with typical cross-sections showing proposed improvements; ( 22
foot minimum Face of curb to Face of curb; 25.5 foot Section);
b. The widths and approximate locations of all existing or proposed easements, whether public or
private, for roads, drainage, sewers, slope, or public utility purposes; (10' PUE along Private
Streets and Driveways [11' ST. + 10' PUE = 32')
c. Approximate location, names and direction of flow of all watercourses and natural drainage
channels; and approximate locations of all areas covered by water or subject to overflow by one
percent flood;
d. The proposed route of drainage system -Verify that it is 0.5%; we calculated 0.22%;
c. The proposed use of property;
f. Each street shown by its actual street name
11. Driveway minimum widths shall be 16 feet.
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).
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 constructed 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 Plan shall be provided in the Improvement Plan set for all work within the public
right-of-way.
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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 plans 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 tried out prior to work Any City monument damaged, displaced or
destroyed shall be replaced at the developers sole expense
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.
30. 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 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.
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33. Prior to Final Map approval and approval ofthe 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.
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 lots 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.
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 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.
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.
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43. If any portion of the project iflocated in a special flood hazard area, provide the following statement
in a bold box with minimum ~-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. 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.
46. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as
deemed appropriate by the City Engineer.
47. Once the tentative map is approved, the developer shall submit an 8-112 X II-inch inch site plan to
the Engineering Divisionto 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.
48. 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.
49. The permanent street name sign shall be installed immediately after the curb and gutter construction
is complete.
50. The developer/contractor shall make accessible any or all City utilities ad directed by the City
Engineer.
51. 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, Rodger.Maggio@ci.gilroy.ca.us)
52. Fire Hydrants shall be able to flow 1500 gallons per minute with a 20 psi residual pressure. Curbing
shall be painted red for 7 feet on each side of each hydrant.
53. Roadways shall provide a minimum 20 feet of unobstructed travel. Roadways shall not have less
than a 32 foot inside and 39 foot outside radius. Parking shall be restricted as follows:
a. Less than 28 feet no parking at all.
b. Less than 36 feet no parking on one side.
c. Over 36 feet parking not restricted.
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54. 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
Homeowners' Association to follow, and shall be included in the CC&R's.
55. The Final Map shall include a paragraph that reads: "Red curbing and signage shall be maintained by
the Homeowners' Association. A parking enforcement plan shall be implemented by the
Homeowners Association."
56. Since this dead end does not meet Fire Turn around requirements all units shall be provided with
residential fire sprinklers meeting the NFP A 13D requirements. This condition shall be noted on the
Final Map cover page and on building plot plans.
57. When fire sprinkler systems are to be installed, the site improvement plans shall provide adequate
water connections to support an NFP A 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.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006-34 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
5th day of June, 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 5th day of July, 2006.
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City Clerk of the City of Gilroy
(Seal)