Resolution 2006-56
RESOLUTION NO. 2006-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 05-06B, A TENTATIVE
MAP TO CREATE SIX RESIDENTIAL LOTS ON
APPROXIMATELY 2.5 ACRES LOCATED AT 2730 LONE
OAK COURT, APN 810-20-007
WHEREAS, the applicant, The James Group, submitted TM 05-06B, requesting a
tentative map to create six (6) residential lots on an approximately 2.5-acre parcel located at
2730 Lone Oak Court, APN 810-20-007 ("Project"); and
WHEREAS, the Project consists of five new residential lots and one lot to accommodate
an existing single-family residence on property zoned Hecker Pass Special Use District - Single-
Family Residential (HPSUD - R-l); 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 on June 1,
2006, at which time the Planning Commission considered the public testimony, the staff report
dated May 25,2006 ("Staff Report"), and all other documentation related to application TM 05-
06B, and recommended that the City Council approve this application; and
WHEREAS, the City Council held a duly noticed public hearing on June 19, 2006, at
which time the City Council considered the public testimony, the Staff Report, follow-up staff
reports dated June 6, 2006, and June 12,2006, and all other documentation related to application
TM 05-06B; and
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Resolution No. 2006-56
WHEREAS, the City Council determined that 64 of the 66 conditions of approval set
forth in the Staff Report should be incorporated into the Project, excluding condition 64 related
to vegetative swales and condition 65 related to storm drainage direction; and
WHEREAS, the City Council also determined that three additional conditions of
approval related to the design of Lone Oak Court, drainage or run-off retention of stormwater,
and recordation of an amendment to a sewer and storm drain facilities easement over adjacent
property, 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.
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 Hecker Pass Specific Plan.
3. The Project is consistent with the City's Zoning Ordinance and
Subdivisions and Land Development Code, and the State Subdivision Map Act.
4. Public utilities and infrastructure improvements needed to serve the
Project are in close proximity to the Project site.
5. The Project is consistent with surrounding development.
6. There is no substantial evidence in the entire record that the Project as
conditioned will cause any significant environmental impacts.
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Resolution No. 2006-56
7. 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 05-06B 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 I ih day of July, 2006, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
V ALIQUETTE and VELASCO
APPROVED:
~
ATTEST:
~~
Rhonda Pellin, City Clerk
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Resolution No. 2006-56
TM 05-06B
FINAL CONDITIONS OF
APPROV AL
Plannine Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@ci.gilroy.ca.us)
1. The applicant shall place a deed restriction on the lots in this development stating that future homes
developed within this subdivision shall be consistent with the requirements of the Hecker Pass
Specific Plan document, and that each lot will require approval of an Architectural & Site Review.
The developer shall provide staff with a copy of this deed restriction prior to Final Map approval.
2. The developer shall disclose to every future homebuyer that this project is located within the Hecker
Pass Special Use District, and that the future homeowners will be required to participate in a cost
sharing agreement to pay their fair share of the maintenance costs associated with the improvements in
the Hecker Pass Special Use District. The developer shall provide staff with a copy of this disclosure
statement prior to Final Map approval.
3. The developer shall place a sign at the terminus of Lone Oak Court that discloses that this street will
be extended.
City Attorney (contact Linda Callon at 286-5800, linda.callon@berliner.com)
4. 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 ofthe 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.
5. 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 ifthe 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.
EXHIBIT A
TM 05-06 B
Final Conditions of Approval
2
7/11/06
Eneineerine Division (contact Kristi Abrams at 846-0450, Kristi.Abrams@ci.gilroy.ca.us)
6. Curb inlets shall be provided at the curb returns at Lone Oak Ct. and New Court 'A'.
7. Show height of proposed retaining walls.
8. Water allocation agreement and payment of fees is required prior to meter installation for APN 810-
20-008 and 810-20-009. An RP device is required ifthe well remains on those sites.
9. The development shall be consistent with objectives, policies, general land uses and programs
specified in the Specific Plan (Subdivision Map Act section 66473.5)
10. The developer shall submit a cost sharing agreement or other suitable document acceptable to City
staff evidencing that the subdivision is paying its share in the total "basic infrastructure" cost
consistent with the HPSP.
II. The developer shall provide connection to improvements needed to accommodate the future back bone
infrastructure of the HPSP, including all we and dry utilities, roadway construction, etc.
12. The developer shall bond for all of the above mentioned improvements.
13. Sidewalks on Lone Oak Court shall be ADA compliant.
14. Typical Private Street Section, second line should read: 'No stopping- fire lane signs' to be installed
- also, identify MUTCD number.
15. Typical Private Street Section - Meandering Paved Sidewalk shall be 6' wide.
16. The meandering sidewalk shall have no offset transition less than 1 in 6.
17. Provide a SWPPP and an Erosion Control Plan.
18. Certification of improvement on site plans is required prior to Building final (add to general notes on
Title sheet of plans).
19. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of
plans).
20. 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.
21. 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.
22. 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.
23. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in
Traffic Control Design.
EXHIBIT A
TM 05-06 B
Final Conditions of Approval
3
7/11/06
24. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the public
right-of-way.
25. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the
City Engineer in writing.
26. Full frontage improvements are required for all new development. All streets must show sidewalks on
both sides.
27. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design
Criteria and is subject to all laws ofthis community by reference.
28. 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.
29. 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.
30. 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.
31. A minimum of one exterior monument shall be set. Additional monuments can be required by the
City Engineer or City Surveyor as deemed necessary.
32. 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.
33. 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.
34. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
35. The developer shall submit an estimate of the probable cost of developer-installed off-site
improvements with the Final map submittal.
36. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final
Map recordation.
37. 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.
EXHIBIT A
TM 05-06 B
Final Conditions of Approval
4
7/11/06
38. 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 c.
Codes and Standards and that no underground utility conflict exists.
d. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the
City.
e. The City will collect the plan check and inspection fee for the utility underground work.
39. A current Title Report shall be submitted for review to the City prior to Final map approval.
40. 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.
41. All lots shall drain to the street for storm drainage.
42. Improvement plans are required for all on-site and off-site improvements.
43. Submit a Hazardous Material clearance for any underground tank removal from the appropriate
agency.
44. 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.
45. 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.
46. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
EXHIBIT A
TM 05-06 B
Final Conditions of Approval
5
7/11/06
47. 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.
48. If any portion of the project is located in a special flood hazard area, provide the following statement
in a bold box with minimum 'i:I 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" .
49. 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.
50. 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.
51. 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.
52. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as
deemed appropriate by the City Engineer.
53. Once the tentative map is approved, the developer shall submit an 8-1/2 X II-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.
54. 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.
55. The permanent street name sign shall be installed immediately after the curb and gutter construction is
complete.
56. The developer/contractor shall make accessible any or all City utilities as directed by the City
Engineer.
57. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes,
errors or omISSIOns.
EXHIBIT A
T.M 05-06 B
Final Conditions of Approval
6
7/11/06
Fire Department (contact Jackie Bretschneider at 846-0430, J acqueline.Bretschneider@ci.gilroy.ca.us)
58. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to 3600
square feet. Street Hydrants shall be spaced every 300 feet, and within 150 feet 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. The
most remote hydrant shall be flow tested by a qualified person or the Fire Marshal prior to possession
by the water department. Flow test shall be submitted to the Fire Marshal prior to the building permit.
59. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than
15 feet shall be provided. Turning radius shall not be less than 32 feet inside and 39 feet outside.
Parking restrictions shall be as follows:
a. Less than 28 feet-no parking on either side
b. 28 feet to 35 feet-no parking on one side.
c. 36 feet or greater-parking not restricted.
60. 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. CC&R's shall be sent to Fire Marshal for review.
61. Site improvement map to show red curbing and signage and include a note that states, "Red curbing
and signage shall be maintained by the Home Owners Association pursuant to the CC&R's."
62. Dead end streets in excess of 150 feet shall be provided with a turn around that meets the Fire
Department Standard.
63. Due to the location of this PUD (outside of the Fire Department 5 minute response time area), the
homes shall be provided with a residential fire sprinkler system meeting the NFP A 13D requirements.
Santa Clara Valley Water District (contact Yvonne Arroyo at (408) 265-2607 x 2319,
yarroyo@valleywater.org)
64. The developer shall show how the project will treat and minimize storm water runoff from the
development prior to its discharge into the storm drain system.
Council-added Conditions
65. Lone Oak Court shall be designed as a public street to comply with the Hecker Pass Specific Plan.
66. The developer shall either provide details showing that the existing outfall adequately addresses
drainage or shall detain the difference between existing run-off and project run-off on site, subject to
the approval of the City Engineer.
EXHIBIT A
, 'FM 05-06 B
Final Conditions of Approval
7
7/11/06
67. Prior to final map approval, the developer and/or property owner shall record an executed and
recordable amendment to its easement for sewer and storm drain facilities over the adjacent property,
further described as Assessor's Parcel Number 810-20-015 (the "Adjacent Property"). Such easement
amendment shall allow the property owner's existing easement to be relocated from its current
location in and on the Adjacent Property so long as said easement amendment provides the property
owner, its successors and assigns with equivalent access to service connection points and so long as
relocation of existing facilities within such easement is completed at no cost to the property owner.
The easement amendment shall be submitted to City for approval prior to recordation.
EXHIBIT A
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006-56 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 July, 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 24th day of July, 2006.
~1{C&CV~~'
City Clerk of the City of Gilroy
(Seal)