Resolution 2007-27
RESOLUTION NO. 2007-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 06-07, A TENTATIVE MAP TO
CREATE 16 RESIDENTIAL LOTS, A PRIVATE PARK SITE,
AND A PRIVATE STREET, ON APPROXIMATELY 1.56
ACRES LOCATED AT 6675 ROYAL WAY, APNS 799-44-093,
094,095,096,097,098 and 105.
WHEREAS, DWI Marketing submitted application TM 06-07, requesting a tentative map
to subdivide a 1.56 acre site into 16 residential lots, a private park site, and a private street ("the
Project"), located at 6675 Royal Way, APNS 799-44-093, 094, 095, 096, 097, 098 and 105; and
WHEREAS, pursuant to the California Environmental Quality Act, ("CEQA") CEQA
Guidelines Section 15332, this Project is categorically exempt from further environmental review
as an in-fill development; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 1,
2007, at which time the Planning Commission considered the public testimony, the staff report
dated February 16, 2007 ("Staff Report"), and all other documentation related to application TM
06-07, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on March 19, 2007 at
which time the City Council considered the public testimony, the Staff Report, a supplemental
staff report dated March 12,2007, and all other documentation related to application TM 06-07;
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
Project; and
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Resolution No. 2007-27
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 in
currently available to the Project site.
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 Tentative Map is consistent with the intent of the goals and policies
of the General Plan.
4. The Project is consistent with the surrounding development and will assist the
City in meeting its housing goals as an infill project.
5. There is no substantial evidence in the entire record that the Project as conditioned
will have any new significant effect on the environment.
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 06-07 should be and hereby is approved, subject to the
conditions of approval set forth in as Exhibit "A" attached hereto and entitled "TM 06-07 FINAL
CONDITIONS OF APPROVAL".
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Resolution No. 2007-27
PASSED AND ADOPTED this 2nd day of April, 2007, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTEST:
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Rhonda Pellin, City Clerk
ILLElOTTE1721085.2
032607-04706089
ARELLANO, BRACCO, CORREA,
GARTMAN, and VALIQUETTE
PINHEIRO
VELASCO
APPROVED:
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Resolution No. 2007-27
TM 06-07
FINAL CONDITIONS OF APPROVAL
Plannin2 Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@ci.gilroy.ca.us)
1. Approval ofTM 06-07 is subject to the applicant receiving approval of A/S 06-27. The applicant shall
obtain Planned Unit Development Architectural & Site approval (A/S 06-27 (PUD)) prior to Final
Map recordation, subject to the review and approval of the Planning Division.
2. 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.
3. 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 Attornev (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 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.
5. With the exception oflots 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 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.
En2ineerin2 Division (contact John Brice at 846-0450, John.Brice@ci.gilroy.ca.us)
6. A SWPPP and an Erosion Control Plan is required for all development over I acre.
7. Certification of improvements on site plans is required prior to Building final (add to general notes
on Title sheet of plans).
8. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of
plans).
TM 06-07
Final Conditions of Approval
2
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9. 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.
10. 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.
11. 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.
12. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in
Traffic Control Design.
13. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the
public right-of-way.
14. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by
the City Engineer in writing.
15. Full frontage improvements are required for all new development. All streets must show
sidewalks on both sides.
16. 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.
17. 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.
18. 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.
19. Ifthe 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.
20. A minimum of one exterior monument shall be set. Additional monuments can be required by the
City Engineer or City Surveyor as deemed necessary.
21. 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.
TM 06-07
Final Conditions of Approval
3
3/23/07
22. 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.
23. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
24. The developer shall submit an estimate ofthe probable cost of developer-installed off-site
improvements with the Final map submittal.
25. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final
Map recordation.
26. 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.
27. 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.
28. A current Title Report shall be submitted for review to the City prior to Final map approval.
29. Prior to any construction ofthe 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.
30. All lots shall drain to the street for storm drainage unless otherwise approved by the City Engineer.
31. Improvement plans are required for all on-site and off-site improvements.
TM 06-07
Final Conditions of Approval
4
3/23/07
32. Submit a Hazardous Material clearance for any underground tank removal from the appropriate
agency.
33. 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.
34. 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.
35. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
36. 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.
37. If any portion ofthe project is located in a special flood hazard area, provide the following
statement in a bold box with minimum I.4 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".
38. 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.
39. 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.
40. 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.
41. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed
as deemed appropriate by the City Engineer.
42. Once the tentative map is approved, the developer shall submit an 8-112 X ll-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.
TM 06-07
Final Conditions of Approval
5
3/23/07
43. 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.
44. The permanent street name sign shall be installed immediately after the curb and gutter
construction is complete.
45. The developer/contractor shall make accessible any or all City utilities as directed by the City
Engineer.
46. A Conditional Certificate of Compliance shall be place on parcels 7,8, and 9, preventing them
from developing until the developer receives RDO allocations.
47. Additional comments may be added at any time due to incomplete plans, plan changes and
mistakes, errors or omissions.
Fire Department (contact Jackie Bretschneider at 846-0430, J acqueline.Bretschneider@ci.gilroy.ca.us)
48. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to 3600
square ft. Street Hydrants shall be spaced every 300 ft, and within 150 ft 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.
(Relocate one fire hydrant to be a public hydrant at Royal Way and the second at end of Majestic
Court IFO the park).
49. Roadways, including shared driveways and access to buildings, shall provide a minimum 20 feet
of unobstructed travel. Turning radius shall not be less than 32' inside and 39' outside radius.
Parking shall be restricted as follows
a. Less than 28 ft. no parking at all.
b. Less than 36 ft. no parking on one side.
c. Over 36 ft parking not restricted.
50. 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. Show red
curbing and no parking signage on improvement plans. 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.
51. Final map to include a paragraph that reads: "Red curbing and signage shall be maintained by the
Home Owners Association. A parking enforcement shall be implemented by the Homeowners
Association. "
TM 06-07
Final Conditions of Approval
6
3/23/07
52. All residential units in excess of 1,000 square feet shall be provided with a Fire Sprinklers meeting
the NFP A 13D requirements. This condition shall be noted building plot plans.
53. An address / site plan shall be posted at the entry to Majestic Court to identify home locations /
addresses for emergency responders. Show on improvement plans.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2007-27 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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City Clerk of the City of Gilroy
(Seal)