Resolution 2006-64
RESOLUTION NO. 2006-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 06-02, A TENTATIVE MAP
TO SUBDIVIDE AN APPROXIMATELY 40.0-ACRE
PARCEL INTO SIX RESIDENTIAL LOTS AND A
REMAINDER LOT LOCATED IN THE FORREST
SUBDIVISION, APNS 783-03-003 and 783-03-070
WHEREAS, the applicant, The Forest L.L.C., submitted TM 06-02, requesting a tentative
map to subdivide and create six (6) residential lots and one (1) remainder parcel on a site that
contains approximately 40 acres, APN 783-03-003 and APN 783-03-070 ("the Project") within
"The Forest" subdivision;
WHEREAS, the Project will extend Verbena Drive to provide access to the lots and will
provide a new emergency access road to be constructed from Hecker Pass Highway to Verbena
Court;
WHEREAS, the Project site is zoned RHIHPSD (Hillside Residential - Hecker Pass
Special Use District) and is surrounded by single-family residential development;
. WHEREAS, an Expanded Initial Study was prepared for this Project in 1993, a Negative
Declaration with 14 mitigation measures and a Mitigation Monitoring Project were adopted by
the City Council in February 1993, and the current Project is substantially consistent with the
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Project as defined in all prior CEQA documentation;
WHEREAS, the Planning Commission held a duly noticed public hearing on June 26,
2006, at which time the Planning Commission considered the public testimony, the staff report
dated July 18, 2006 ("Staff Report"), and all other documentation related to application TM 06-
02, and recommended that the City Council approve this application;
WHEREAS, the City Council held a duly noticed public hearing on August 7, 2006, at
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Resolution No. 2006-64
which time the City Council considered the public testimony, the Staff Report, a follow-up staff
report dated July 26, 2006, and all other documentation related to application TM 06-02;
WHEREAS, the City Council determined that the conditions of approval set forth in the
Staff Report and the follow-up staff dated July 26, 2006 recommended by the Planning
Commission 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:
SECTION I
A. The City Council hereby finds as follows:
1. The Proj ect conforms to the land use designation for the subj ect property
on the City's General Plan map and is consistent with the intent of the
goals and policies of the City's General Plan.
2. The Project is consistent with the City's Zoning Ordinance, the City's
Subdivisions and Land Development Code, the Hecker Pass Specific Plan,
~ 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.
4. The Project is consistent with surrounding development.
5. There will be no significant environmental impacts as a result of this
project due to the required mitigation measures to be applied.
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Resolution No. 2006-64
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 06-02 should be and hereby is approved, subject to the
"Tentative Map Conditions," attached hereto as Exhibit "A" and incorporated herein by this
reference.
SECTION II
PASSED AND ADOPTED this 18th day of September, 2006, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, and BRACCO
NONE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
PINHEIRO
APPROVED:
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Dion Bracco, Mayor Pro Tempore
ATTEST:
~~ULlp(iL~
Rhohda Pellin, City Clerk
LA-
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Resolution No. 2006-64
TM 06-02, The Forest
Final Conditions of Approval
Plannin2 Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@ci.gilroy.ca.us)
1. MITIGATION MEASURES #1 THROUGH #29, contained within the adopted Negative
Declaration for this property shall be applied to the approval of the project in order to reduce
and/or mitigate all potential significant impacts to a level of insignificance, as required under the
California Environmental Quality Act (CEQA). This shall be subject to the review and approval
of the Planning Division.
2. Walls exceeding four feet in height must be stepped and/or landscaped, at the discretion of the
Planning and Engineering Divisions.
City Attorney (contact Linda Callon, 286-5800, linda.callon@berliner.com)
3. 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.
4. 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.
En2ineerin2 Division (contact Kristi Abrams at 846-0450, Kristi.Abrams@ci.gilroy.ca.us)
5. Indicate on Sheet 1 ofthe Improvement Plans the lots that require pressure reducers.
6. The source of water supply and proposed distribution are subject to approval of the City
Engineer.
7. Sheet 2 - Correct design is not 25 mph. Modify the horizontal alignment to meet the City's
criteria.
8. A SWPPP and an Erosion Control Plan are required for all development over 1 acre.
9. Certification of improvement on site plans is required prior to Building final (add to general notes
on Title sheet of plans)
EXHIBIT A
The Forest Final Conditions of Approval
2
9/12/06
10. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet
of plans).
11. 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.
12. 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.
13. 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.
14. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in
Traffic Control Design.
15. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the
public right-of-way.
16. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by
the City Engineer in writing.
17. Full frontage improvements are required for all new development. All streets must show
sidewalks on both sides.
18. 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.
19. 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.
20. 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.
21. 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.
22. A minimum of one exterior monument shall be set. Additional monuments can be required by the
City Engineer or City Surveyor as deemed necessary.
23. 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.
24. 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.
EXHIBIT A
The Forest Final Conditions of Approval
3
9/12/06
25. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
26. The developer shall submit an estimate of the probable cost of developer-installed off-site
improvements with the Final map submittal.
27. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final
Map recordation.
28. 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.
29. 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.
30. A current Title Report shall be submitted for review to the City prior to Final map approval.
31. 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.
32. Improvement plans are required for all on-site and off-site improvements.
33. Submit a Hazardous Material clearance for any underground tank removal from the appropriate
agency.
34. 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.
35. 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.
EXHIBIT A
The Forest Final Conditions of Approval
4
9/12/06
36. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
37. 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.
38. If any portion of the project is located in a special flood hazard area, provide the following
statement in a bold box with minimum l;,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".
39. 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.
40. 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.
41. 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.
42. All work shown on the improvement plans shall be inspected. Uninspected work shall be
removed as deemed appropriate by the City Engineer.
43. 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.
44. 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.
45. The permanent street name sign shall be installed immediately after the curb and gutter
construction is complete.
46. The developer/contractor shall make accessible any or all City utilities as directed by the City
Engineer.
47. Additional comments may be added at any time due to incomplete plans, plan changes and
mistakes, errors or omissions.
EXHIBIT A
The Forest Final Conditions of Approval
5
9/12/06
Fire Department (contact Jackie Bretschneider at 846-0430, Jacqueline.Bretschneider@ci.gilroy.ca.us)
48. The following Tentative Map conditions shall be included on off-site improvement plans as "Fire
Department Notes." Prior to street completion, the Fire Marshal shall be contacted and a fire
clearance for off-site improvements shall be scheduled. No building permits will be issued
without a Fire -Off-Site Improvement Permit.
a. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to
3,600 square ft. Higher flow is required for larger home sizes or mitigation by installation of a
residential fire sprinkler system. 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. Curbing shall be painted red for 15 feet on each side of
each hydrant.
b. All homes shall be provided with water laterals and meters sized to allow for a residential
NFP A 13d fire sprinkler system.
c. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not
less than 15 feet shall be provided. Turning radii shall not be less than 32 feet inside and 39
feet outside. Road widths shall be as follows, unless an exception from the Fire Chief is
obtained:
I. 20 feet no parking on either side;
2. 28 feet no parking on one side; and
3. 36 feet parking not restricted.
d. 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.
e. Final map to 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."
f. Roads shall not exceed 15 % grade, shall provided 14 feet overhead clearance, and an inside
turning radius of not less than 32 feet and outside radius of not less than 39 feet
g. Grade transition from streets to driveways shall not exceed 2%. Other grade transitions shall
not exceed 10% or be such that a 30-foot fire apparatus shall not bottom out.
EXHIBIT A
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006-64 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
18th day of September, 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 October, 2006.
(Seal)