Resolution 2007-24
RESOLUTION NO. 2007-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 06-15, A TENTATIVE MAP TO
CREATE 18 RESIDENTIAL LOTS, AND PRIVATE OPEN
SPACE, ON APPROXIMATELY 1.07 ACRES LOCATED AT
341 THRU 385 GURRIES DRIVE, NORTHEAST CORNER OF
GURRIES DRIVE AND HANNA STREET, APNS 790-35-015,
016 and 107.
WHEREAS, Hanna Square Gilroy Independence/Chris Cote submitted application TM
06-15, requesting a tentative map to create 18 parcels with common open space on
approximately 1.07 acres ("the Project"), located at 341-385 Gurries Drive, northeast comer of
Gurries Drive and Hanna Street, APNs 790-35-015, 016 and 107; and
WHEREAS, the California Environmental Quality Act ("CEQA"), CEQA Guidelines
Section 15183 provides an exemption from further environmental review for projects consistent
with a Community Plan, General Plan or Zoning; and
WHEREAS, an Environmental Impact Report ("EIR") was prepared for the City of
Gilroy in conjunction with the 2020 General Plan and the Final EIR was certified by the City
Council on June 13,2002, and the City Council made the required findings for each significant
impact and adopted a Mitigation Monitoring Program and Statement of Overriding
Considerations with regard to each unavoidable significant impact; and
WHEREAS, as stated in the Staff Report dated January 25, 2007 ("Staff Report), this
Project is in compliance with the land uses studied for this area in the 2020 General Plan EIR and
the Zoning District and is consistent with the residential densities that the General Plan identified
for those parcels; and
WHEREAS, the Planning Commission held two duly noticed public hearings on
February 8,2007 and February 15, 2007, at which time the Planning Commission considered the
public testimony, the Staff Report dated January 25,2007, and all other documentation related to
application TM 06-15, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on February 26,2007, at
which time the City Council considered the public testimony, the Staff Report, a supplemental
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032607-04706089
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Resolution No. 2007-24
Staff Report dated February 20,2007, and all other documentation related to application TM 06-
15; 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:
I. Public utilities and infrastructure improvements needed to serve the Project are
already in place.
2. The proposed development is consistent with the City's Zoning Ordinance and
Subdivision and Land Development Code, and with the State Subdivision Map Act.
3. The proposed Project is consistent with the intent of the goals and policies of the
General Plan and the land use designation for the property on the General Plan map (Medium
Density Residential).
4. The Project is consistent with the existing zoning in the area.
5. There will be no new significant environmental impacts as a result ofthis Project.
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 06-015 should be and hereby is approved, subject to the
conditions of approval set forth in as Exhibit "A" attached hereto and entitled "TM 06-015
FINAL CONDITIONS OF APPROV AL".
C. This resolution shall become effective if, and only if, Ordinance No. 2007-07
adopting Z06-14 becomes effective, and if that approval takes effect, then this resolution shall
become effective upon the same date as Ordinance No. 2007- 07 takes effect. If Ordinance No.
2007 -07 does not take effect, then TM 06-15, without any further action required by the City
Council, is denied.
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032607-04706089
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Resolution No. 2007-24
PASSED AND ADOPTED this 2nd day of April, 2007, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTEST:
~u2
/ J ;
~~.. .~
Rhonda Pellin, City Clerk
ILLEZOTTE1719068.2
032607-04706089
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, and
PINHEIRO
NONE
VELASCO
APPROVED:
~~
Albert Pinheiro, Mayor
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Resolution No. 2007-24
EXHIBIT A
Z 06-14, AS 06-46, TM 06-15
1/25/07
APPENDIX 2 TENTATIVE MAP CONDITIONS
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,Plannini! Division (contact Gregg Polubinsky 408-846-0440, gregg.polubinsky@ci.gilroy.ca.us)
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 I I
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 e-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.
Eoe:ineerinl! Division (contact John Brice 408-846-0450, john.brice@cLgi1roy.ca.ps)
These conditions are subject to the review and approval of the Engineering Division.
3. Name and address of the owner, the developer, and of the registered civil engineer or licensed
surveyor who prepared the map shall be shown on the map.
4. Driveway/sidewalk to alley shall be removed and/or replaced.
5. Alley pavement shall be removed and replaced and valley gutter installed.
6. Install drainage inlet at low point of valley gutter, eastern limit of alley.
7. Show where utility pole along alley will be relocated.
8. Remove and replace any damaged curb and gutter and sidewalk fronting the project.
, 9. Install fire hydrant at end of 6" main.
10. Repair existing sidewalk. Bring up to City standards.
The following standard Tentative Map conditions shall apply:
11. A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
12. Certification of improvement on site plans is required prior to Building final (add to general notes
on Title sheet of plans).
13. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of
'plans).
14. 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.
15. 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.
16. 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.
17. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in
Traffic Control Design.
18. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the
public right-of-way.
Z 06-14, AS 06-46, TM 06-15
1/25/07
19. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by
the City Engineer in writing. . ,
20. Full frontage improvements are required for all new development. All streets must show
sidewalkS on both sides.
21. All work is to be done in compliance with the City of Gilroy Specifications Standards and Desigrt
Crit~ria and is subject to all laws of this community by reference.
22. 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.
23. 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.
24. 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.
25. A minimum of one exterior monument shall be set. Additional monuments can be required by the
City Engineer or City Surveyor as deemed necessary.
26. Location of monuments shall be tied out prior to work. Any City monument dam,aged, displaced
or destroyed shall be replaced at the developer's sole expense. '
27. New and existing utility lines to, through and on the site, and appurtenahces and associattd
equipment, including, but not limited to, electrical transmission, street lighting, cable television
and telephone shall be required to be placed underground.
28. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
29. The developer shall submit an estimate of the probable cost of developer-installed off-site
improvements with the Final map submittal.
30. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final
Map recordation.
31. 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.
32. 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.
Z 06-14, AS 06-46, TM 06-15
1/25/07
33. A current Title Report shall be submitted for review to the City'prior to Final map approval:
34. Prior to any construction of the dry utilities in the field, the following will need to be supplied tq,
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 confohns
to City Codes and Standards, and to the approved subdivision improvement plans. '
35. All lots shall drain to the street for storm drainage.
36. Improvement plans are required for all on-site and off-site improvements.
37. Submit a Hazardous Material clearance for any underground tank removal from the appropriate
agency.
38. 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. ' ,
39. 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.
40. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
41. 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.
42. If any portion of the project is located in a special flood hazard area, provide the following
statement in a bold box with minimum 1A 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".
43. 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.
44.' 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.
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 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.
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.
Z 06-14, AS 06-46, TM 06-15
1/25/07
50. The developer/contractor shall make accessible any or all City utilities as 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 Marshal (contact Jackie Bretschneider at 846-0430, Jacqueline.bretschneider@ci.gilroy.ca.usl
These con~tions are subject to the review and approval of the Fire Marshal.
52. Provide a street hydrant IFO lot 19 and access to the walkway to the homes via a path with a gate
at lot 19 to provide hydrant service to the town-homes.
53. Private access gate shall have Fire and Police KNOX access, and activate on the Fire Department
Opticom system.
54. A residential NFPA 13d fire sprinkler system is to be insti1l1ed in all homes inclusive of attached
garages/carports. Consult a Fire Sprinkler Company or Fire Protection Engineer to determine
what size meter and supply lines will be required.
55. House numbers shall be clearly visible from the alley and front of units. 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 and be illuminated.
56. A complex site plan shall be provided the entry to the complex. The directory shall be illuminated
and provide emergency responders information as to the addressing.
57. Chimneys shall have spark arrestors installed.
58. Locks shall comply with the City Building Security Ordinance.
59. Egress windows shall be provided on all sleeping rooms. A room that does not have a clearly
defined use as a kitchen, closet, dining room, living/family room or study shall be considered a
bedroom.
60. PG&E electrical lines shall not interfere with egress window access. Egress windows are not to be
impeded by PG&E power lines.
City of Gilroy
Community Development Department
BlES Division - Building
408846-0430 - Fax: 408846-0429
Project Address: 341 - 385 Gurries Drive APN# 790-35-015, 016 &017.
Scope of Work: 21 Attached Townhouse Buildings & 3 Single Family Dwellings.
Planning # 06090046-47 A/S 06-46
Zoning: Rl-PUD
Owner: Chris Cote
Date: 10-31-2006
Plan Examiner: J. Alexander
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The Building Division has performed a cursory review of preliminary plans submitted to the Planning
Division for the application noted above. The plans will require compliance with the following
informational items and conditions of approval at the time of buildint/ Dermit submittal.
1. COND~ONS FOR SITE AND BUILDING PERMIT:
· Grading, Drainage and Erosion Control require a separate plan and permit.
· Fire Sprinklers, Alarms and Hydrants require separate plans and permit.
· Roof Drains/Rainwater leaders to be hard piped to storm drain system.,
2. DESIGN PROFESSIONAL -This project will require a State of California registered design
professi~nal to design, stamp and wet sign the construction plans.
Deferred submittals and Special inspection requirements IbAIl be located on the ntle page
of the plans.
In order in review, please provide the following:
. Fire and area separation walls.
· If the third floor exceeds 500 sq. ft. a second exit shall be required.
· Accessible parking ramp shall provide a minimum 36" inch clear sidewalk surface.
. Locate all utilities on site plan. '
· Show installation of Fire Sprinklers Alarms and. Hydrants.
· Construction of exterior walls, openings and setbacks shall comply with 2001 CBC Chapter 5.
. California Energy: Zone 4.
. Fire Protection Class: 4.
. Seismic Zone: 4.
. Storm Water Roof Drainage: 1.5 inches/hour.
. Wind Speed: 70.
· Wind Exposure: C (If using "B" calculations must be justified).
3. BUILDING CODES - All construction shall comply with Building, Mechanical, Plumbing, Electrical, T-
24 Energy and Accessibility, and City codes in effect at the time of issuance of the building permits
resulting in actual construction. Put the version used for the design on the plans. All work shall
conform to local ordinances and the following:
. 2001 California Building Code.
. 2004 California Electrical Code.
. 2001 California Mechanical Code.
· 2001 California Plumbing Code.
. 2005 California Energy Code.
4. PLAN SUBMITTAL. SITE WORK. DEMOLmON AND CONSTRUCTION - Prior to new or
remodelolan aoorovals. A separate site plan must be submitted for approval containing the
following items required per 2001 California Building Code Chapter 33 and Table 33-A.
· Protection of Pedestrians during Construction or Demolition. .
· Temporary Use of Streets and Alleys.
. Storage on Public Property.
. Mixing Mortar on Public Property.
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. Protection of Utilities.
. Walkways.
. Pedestrian Protection, Railings, Fences and Canopies.
. Maintenance and Removal of Protective Devices.
DEMOLmON-Demolition permits will be issued in accordance with City Ordinance. ,
Prior to permit issuance: Submit a plot plan clearly showing the location and the portion of building
or the building to be demolished, a complete application for Demolition, a Bay Area Air Quality
Management District "J" number, and obtain approval from the Building Official for the scope of
work.
The forms necessary are available at the Building Counter.
Any Buildlna over 50 vears old may also require Historic Heritage Committee approval prior to
demolition. Check with the Planning Division for any additional requirements.
. Prior to demolition permit issuance a letter of Utilities Disconnect from PG&E must be submitted
to the Building Deparbnent.
. Prior to demolition, a pre-site inspection is required by the Building Department to verify the
utilities, water and sewer lines have been capped-off within (5) five foot of the property line.
· Prior to demolition a site plan shall be submitted to the Building Department showing the location
of any water pumps, wells, septic tanks, leech lines or structures on site.
SUBMImALS
. New Residential
. Residential Alterations
. Energy and Structural Calculations
As-Built Plans
Dwellings three (3) or more stories in height Townhouse & Condo projects must be
submitted in digital format before Certificate of Occupancy.
4, 2 of the 4 wet stamped and signed.
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5. SOILS REPORT - A soils report shall be submitted containing design recommendations for foot\ngs;
retaining walls, and make provisions for anticipated differential settlement.
6. HMA- This project may be in a flood zone and must meet the City of Gilroy "Floodplain
Management Ordinance" #98-16.
7. FOUNDAnONS - All mitigation measures and design recommendations identified in the
soils report approved by the Building Official MUST be reviewed by the soils engineer of
record for conformance. Structural foundation design plans must also be reviewed by the soils
Engineer of record for conformance to recommendations contained within the soils report.
8. FOUNDAnON INSPECTIONS - Prior to requesting a Building Department foundation
inspection, the soils engineer shall inspect and approve the mitigation measures and the foundation
excavations. The soils engineer shall submit documentation to the Building Division, which verifies
compliance with the recommendations specified in the soils report.
9. SPECIAL INSPECTIONS - In addition to the inspections by CBC Sec. 108, the owner or the
engineer or architect of record acting as the owner's agent shall employ one or more special
inspectors who shall provide special inspections when required by CBC section 1701. Please
contact the Building Division at the time of plan submittal to obtain an application for
special inspections.
10. STRUCTURAL CALCULAnONS - Provide Structural Calculations verifying compliance with all
applicable provisions of the Uniform Building code Chapter 16. Prior to request for final
inspection, written verification by the engineer of record indicating conformance with
the structural design shall be submitted to the Gilroy Building Division.
G:\COMDEV\ View _Objects\zoning\06090046\BLDG-2-06090046-47 A-S 06-46.doc
11. GRADING AND SHORING - A site development permit shall be required for all grading and shoring
work. Shoring plans, calculations, etc., must be reviewed and approved by Building Division.
12. NOTICE OF EXCAVATION-Prior to excavation, adjoining landowners shall be given notice of the
date, location, and extent of the excavation in conformity with Section 832 of the Civil Code and
copies shall be provided to the Building Official prior to the issuance of the grading permit.
13. EROSION CONTROL - The applicant shall submit an Interim Erosion and Sediment Control Plan.
This can be Incorporated on the Grading Plan and shall indude the following information:
. 'Maximum surface runoff from the site as calculated using the method approved by the Building
Official.
. A delineation and brief description of the surface runoff and erosion control measure to be
implemented including but not limited to types and methods of applying mulches to be used.
. A delineation and brief description of vegetative measures to be taken, included but not limited
to, seeding methods, the type location and extent of the existing and undisturbed vegetation
types, and a schedule for maintenance and upkeep.
No ImDrovements Planned- Where an applicant dopes not plan to construct permanent improvements
on the site, or plans to leave portions of the site graded but unimproved, applicant must:
. Submit an Interim Plan designed to control runoff and erosion on the site for the period of time
during which the site, or portions thereof, remain unimproved and:
. Submit a request for the release after the completion of grading.
Work Schedule- The applicant must submit a masterwork schedule showing the
following information:
. Proposed grading schedule.
. Proposed conditions of the site on each July 15, August 15, September 15, and October 15
during which the permit is in effect.
. Proposed schedule for the installation of all interim erosion and sediment control measures
including but not limited to, the stage of completion of erosion devices and vegetative measures
on each of the dates set forth in subsection (2),
. Schedule for construction of final improvements, if any.
. Schedule for installation of permanent erosion and sediment devices where required.
Wet Season Work- (October 15 to ADri115)
. For commencement of the grading during the wet season, applicant must provide special
documentation, as required by Building Official, showing the reasons other than financial, for the
need to commence at that time.
. For continuation of activities, other than installation, maintenance or repair of measures in the
Interim of final plans, during the wet season, permittee must apply for and receive,
. Every five (5) working days, special permission to proceed.
. Building Official shall grant permission under this subsection on the basis of weather forecasts,
experience and other pertinent factors, which indicate the activity, may occur without excessive
erosion occurring.
14. DUST AND MUD CONTROL MEASURES.
Contractors performing grading operations within the City where dry conditions are encountered
shall adequately control dust or mud from spreading off-site or into existing structures on-site. Prior
to commencement of the grading operations, contractor shall furnish details of proposed dust
or mud control measures to the Building Official for approval. Failure to control dust or
mud from grading operations shall result in suspension of grading operations until
adequate measures are in place to allow continuance.
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15. BUILDING SECURITY - Provide details to show how the conditions of the Building
Security Ordinance # 85-17 will be met. ,
· Provide an illuminated address at the front of structure visible from the street.
· Except where clear vision panels are installed, all front exterior doors shall be equipped with a
wide-angle {180 degree) door viewer, notto be mounted more than tiftyi.eight (58) inches from
the bottom of the door.
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16. ADDRESS - Provide proper address for proposed project on each page of plans prior to
submission of plans for initial building plan 'check. Provide Assessors Parcel number on
title page.
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17. CONSTRUCTION RESTRICTIONS -All construction shall be restricted to the following hours:
. Weekdays (Monday thru Friday) 7:00 am to ,7:00 pm
. Saturdays and City Holidays 9:00 am to 7:00 pm
· Sundays No ConStruction Activity Allowed.
18. PRE-CONSTRUCTION CONfERENCE - A pre-construction conference shall be held at a
time and location agreed upon by the City and applicant for the purpose of review and
approval of construction procedures.
The building owner/developer shall be represented by his designer and construction
staff. The City will be represented by departments having conditions of approval on the
project.
19. NOTE:This is HJlI a plan review approval.
When building permit application is made, additional comments may be added due to
incomplete plans, plan changes from this Architecture and Site application, mistakes,
errors or omissions.
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2007-24 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
2nd day of April, 2007, 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 9th day of April, 2007.
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(Seal)