Loading...
Resolution 2007-33 RESOLUTION NO. 2007-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 06-14, A TENTATIVE MAP TO CREATE 244 RESIDENTIAL LOTS, PRIVATE PARK SITES, A COMMUNITY CENTER LOT, AND A RETAIL LOT, ON APPROXIMATELY 36 ACRES LOCATED WEST OF MONTEREY ROAD, NORTH AND SOUTH OF COHANSEY AVENUE EXTENSION, APNS 790-06-016, 029, 030, 032, and 033 WHEREAS, South County Housing, submitted application TM 06-14, requesting a tentative map to subdivide a 36 acre site into 244 residential lots, private park sites, a community center lot, and a retail lot ("the Project"), located west of Monterey Road, north and south of Cohansey Avenue extension, APNS 790-06-016, 029, 030, 032, and 033 ; and WHEREAS, on May 1, 2006 the City Council approved Resolution No. 2006-30 granting an Affordable Housing Exemption and an Affordable-Market Rate Exemption for this Project; and WHEREAS, the Planning Commission held a duly noticed public hearing on March I, 2007, at which time the Planning Commission considered the public testimony, the staff report dated February 21, 2007 ("Staff Report"), and all other documentation related to application TM 06-14, and recommended that the City Council approve the Mitigated Negative Declaration and approve said application; and WHEREAS, the City Council at its duly noticed meeting on March 19,2007 considered the public testimony, the Staff Report, the supplemental staff report dated March 12, 2007, and all other documentation related to application TM 06-14; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on March 19, 2007 adopted a Mitigated Negative Declaration for this Project finding ILLElOTTEI720747.2 032607-04706089 - 1- Resolution No. 2007-33 that it was prepared in compliance with CEQA, reflects the independent judgment of the City and that the mitigation measures will avoid or mitigate the effects such that this project will have no significant impact to the environment; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this Proj ect 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. Public utilities and infrastructure improvements needed to serve the Project are in close proximity 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 generally consistent with the intent of the goals and policies of the City's General Plan. 4. The Project is consistent with the surrounding development. 5. This Project is consistent with AHE 06-01, and is subject to the terms and conditions of the Housing Affordability Agreement. 5. There will be no new significant environmental impacts as a result of this project due to the required mitigation measures to be applied. 6. There are no facts to support the findings reqmrIng denial of the proposed tentative map pursuant to California Government Code section 66474. \LLEZOTTE\720747.2 032607-04706089 - 2- Resolution No. 2007-33 C. Tentative Map TM 06-14 should be and hereby is approved, subject to the conditions of approval set forth in as Exhibit "B" attached hereto and entitled "TM 06-14 FINAL CONDITIONS OF APPROV AL" and subject to the mitigation measures set forth in the Mitigated Negative Declaration and the Mitigation Monitoring Program attached hereto as Exhibit "A" and further subject to the Housing Affordability Agreement. D. This resolution shall become effective if, and only if, Ordinance No. 2007-09 (Pre-zone ND-PUD) and the annexation of APN 790-06-016 to the City of Gilroy takes effect. If Ordinance No. 2007-09 does not take effect and the annexation is not approved, then TM 06- 14, without any further action required by the City Council, is denied. PASSED AND ADOPTED this 16th day of April, 2007, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, and VALIQUETTE NOES: COUNCILMEMBERS: GARTMAN and VELASCO ABSENT: COUNCILMEMBERS: PINHEIRO APPROVED: ATIE) ~~~~, Rhonda Pellin, City Clerk \LLEZOTTE\720747.2 032607-04706089 - 3- Resolution No. 2007-33 Exhibit A Community Development Department Planning Division NEGATIVE OECLARA TION City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (408) 846-0440 City File Number: A 05-01, TM 06-14, and AlS 06-45 Proiect Descriotion: Name of Project: Harvest Park Annexation and Residential Subdivision Nature of Project: A Planned Unit Development application consisting of an Annexation, a Tentative Map, and Architectural and Site Review to create 251 residential units of varying densities on a 36-acre site. Proiect Location: Location: The project site is located in the northern portion of the City of Gilroy and within unincorporated Santa Clara County. The site is bounded by Monterey Road and Union PacificlCaltrain railroad tracks to the east, barns and a single-family residential home to the north, and a residential home and Antonio Del Buono School to the south west. Assessor's Parcel Number: 790-06-016, 029, 030, 032, 033 Entity or Person(s) Undertakina Proiect: Name: South County Housing Authority Address: 9015 Murray Avenue, Suite 100, Gilroy CA 95020 Initial Study: An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020. Findinas & Reasons: The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. The following reasons will support these findings: 1. The proposal is a logical component of the existing land use of this area. Harvest Park Annexation and Residential Subdivision Negative Declaration January 2007 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies and construction of off-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. 4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgment of the City of Gilroy. Mitiaation Measures: Prior to approval and issuance of the final improvement plans, the following mitigation measures shall be implemented: 1. The project applicant shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: The following measures shall be implemented: . Water all construction areas at least twice daily; . Cover all trucks hauling soil, sand, and other loose materials; . Apply clean gravel, water, or non-toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at constructions sites; . Remove excess soils from paved access roads, parking areas and staging areas at construction sites; . Sweep streets daily (with mechanical sweepers) if visible soil material is carried onto adjacent publiC streets; . Hydroseed or apply non-toxic soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); . Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.); . Limit traffic speeds on unpaved roads to 15 miles per hour; . Install sandbags or other erosion control measures to prevent silt runoff to public roadways; . Replant vegetation in disturbed areas as soon as possible; . Install wheel washers for all exiting trucks or wash off the tires or tracks of all trucks and equipment leaving the construction site; . Install wind breaks at the windward sides of the construction areas; . Suspend excavation and grading activities when wind (as instantaneous gusts) exceeds 25 miles per hour; . The idling of all construction equipment shall not exceed five minutes; . Limit the hour.s of operation of heavy duty equipment and/or the amount of equipment in use; . All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; . When feasible, alternative fueled or electrical construction equipment shall be used for the project site; . Use the minimum practical engine size for construction equipment; and 2 Harvest Park Annexation and Residential Subdivision Negative Declaration January 2007 . Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. 2. Fire Sprinkler systems shall be installed per NFPA 13D requirements. Systems are subject to review and approval by the Fire Marshal. 3. The project applicant shall pay all applicable fire department development impact fees to the City's Capital Improvement Program, subject to monitoring by the Gilroy Building Division. 4. The project applicant shall pay all applicable police department development fees to the City's Capital Improvement Program subject to monitoring by the Building Division. 5. The project applicant shall pay the applicable school development fees, subject to monitoring by the Gilroy Unified School District and Building Division. 6. The project applicant shall disclose to potential home owners that elementary students in their household will not attend the adjacent Antonio del Buono Elementary School. 7. The project applicant shall pay all applicable park development fees, subject to monitoring by the Building Division. 8. The project applicant shall pay all applicable library development fees, subject to monitoring by the Building Division. 9. The project applicant shall pay all applicable infrastructure impact fees to the City of Gilroy, subject to monitoring by the Gilroy Engineering Division. 10. The project applicant sl1all pay all applicable infrastructure impact fees to the City of Gilroy, subject to monitoring by the Gilroy Engineering Division. Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be implemented: 11. Subject to the review and approval of the Planning Division, new outdoor lighting shall be directed on-site and designed and installed with shielding. 12. The project shall comply with applicable Gilroy General Plan policies and actions and with the City's Lighting Standards. 13. Focused plant surveys should be conducted for Hoover's button-celery in July and legenere between April and June. If these species are not observed during the focused surveys, they can be considered absent from the project site. If they are observed, they should be mapped and impacts to the population(s) from the proposed project quantified. If impacts are anticipated, a mitigation and monitoring plan should be developed in consultation with CDFG that may include population avoidance, seed collection and propagation, and/or other measures to minimize the adverse impacts to the species. 14. If ground disturbance is scheduled to occur during the breeding bird season (February 1 to August 1), a qualified biologist shall conduct pre-construction nesting bird surveys within 30 days prior to the onset of any construction activity. If white-tailed kite, loggerhead shrike, California horned lark, or any other bird species protected under the Migratory Bird Treaty Act and Fish and Game Codes are observed nesting on or near the project site, an appropriate buffer zone shall be established around all active nests to protect nesting adults and their young from construction disturbance. Buffer zones shall be determined in consultation with CDFG based on the site conditions and the species potentially impacted. Work within the buffer zone should be postponed until all the young are fledged, as determined by a qualified biologist. Currently, CDFG requests a 300-foot buffer for nesting raptors such as white-tailed kite, a 100-foot buffer for special-status passerines such as loggerhead shrike, and a 50-foot buffer for all other native bird nests (Johnston, pers. comm.). To 3 Harvest Park Annexation and Residential Subdivision Negative Declaration January 2007 accommodate nesting raptors, pre-construction surveys should include all land within 300 feet of the edge of the site. 15. A qualified burrowing owl biologist shall conduct a burrowing owl pre-construction survey within 30 days prior to initial ground disturbance or construction activity. The qualified burrowing owl biologist shall survey the entire project site and a 250-foot buffer to determine presence or absence of the species. . If burrowing owls are observed on the project site outside of the breeding season, an experienced burrowing owl biologist may use passive relocation to prevent take and ensure burrowing owls are not present on the project site for construction and grading activities. A qualified burrowing owl biologist shall do all exclusionary device installation and subsequent monitoring. Passive relocation should be performed in consultation with CDFG. . If burrowing owls are occupying the project site during the nesting season (February 1 through August 1), nest burrows shall be avoided by setting up a 250-foot exclusion area around the nest burrow (CDFG 1995) and CDFG shall be contacted for guidance. The active nest shall be monitored to ensure construction activity does not disturb the nesting owls or cause nest abandonment. Work within the buffer zone shall be postponed until all the young are independent, as determined by a qualified biologist. CDFG may require a detailed mitigation plan that includes passive relocation after the young have fledged and maintenance of occupied habitat offsite in perpetuity. 16. A site assessment for CTS shall be performed according to current protocol, which involves submitting specific information in a report to the USFWS (USFWS and CDFG 2003). Based on the results of the site assessment, the USFWS will determine if the site may provide habitat for CTS and whether further surveys are necessary. If the USFWS no longer considers the site to be appropriate for CTS, then no further actions are required. If the USFWS requires focused surveys according to protocol, two consecutive years of drift-fence studies are needed to support a negative finding (USFWS and CDFG 2003). If CTS are present, a take permit must be acquired, which typically includes acquisition and management of occupied CTS lands in perpetuity. 17. Within 14 to 30 days prior to construction, a qualified biologist shall conduct a ground survey for American badger dens. If dens are present, the qualified biologist shall determine if they are occupied by studying recent sign or monitoring for tracks using den dusting techniques for three consecutive days. If active dens are present, CDFG shall be contacted for permission to excavate and passively relocate the badgers. Note that CDFG may not approve excavation of active natal dens, which could be avoided by constructing in the late summer or fall under the direction of a qualified biologist. 18. A jurisdictional wetland delineation shall be conducted, and verified by the Corps, to determine the presence and extent of jurisdictional wetlands and other waters on the project site. If jurisdictional areas are verified on the project site, and these will be impacted by the proposed project, a Corps permit (and subsequent 401 certification) would be required. In addition, if a bridge is built across L1agas Creek, and any portion of the bridge falls within CDFG jurisdiction (e.g., below the top of bank of the Creek), a Streambed Alteration Agreement would be required. Any impacts to jurisdictional waters that may occur as a result of the proposed project would be reduced to less-than-significant levels by following the terms and conditions of the Corps permit, 401 certification, and CDFG Streambed Alteration Agreement, if required. 19. If prehistoric or historic period materials are discovered during grading or construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented (Gilroy General Plan Policy 5.07). 20. If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to (Iverlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner s!lall contact the Native American Heritage 4 Harvest Park Annexation and Residential Subdivision Negative Declaration January 2007 Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours atter being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 21. The project applicant shall submit a soils investigation prepared by a qualified soils engineer for the proposed project. The recommendations of the soils investigation shall be incorporated into the final building plans, subject to the review and approval by the City of Gilroy Engineering Division prior to approval of building permits. 22. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. Foundation design should include the use of structural mat or post-tension slab foundations, rather than conventional spread footings. Structural design is subject to the review and approval by the City of Gilroy Engineering Division prior to the issuance of building permits. 23. The applicant shall prepare an erosion and deposition control plan detailing appropriate methods of erosion and deposition control during grading, construction, and operation of the proposed project. The erosion and deposition control plan shall be suhject to review and appro',al by the City of Gilroy Engineering Division prior to the issuance of building permits. 24. As required by General Plan Action 25.E, the applicant shall prepare a site-specific soils report for the proposed project which includes laboratory testing of on-site soils as well as design criteria for building foundations, basement walls, roads, and other structures to mitigate impacts associated with expansive soils. The soils report shall be subject to review and approv;31 by the City of Gilroy Engineering Division prior to issuance of building permits. 25. The project applicant shall prepare a detailed Flood Management and Mitigation Plan (FMMP), subject to approval by the Santa Clma Val!ey Water District (SCVWD) and the City of Gilroy. 26. The project applicant shall submit ::I Notice of Intent (NOI), jetailed engineering designs, and a Storm Water Pollution Prevention Plan (SVVPPP) program to the Central Coast RWQCB to obtain a NPDES General Construction permit prior to any grading or construction activities. This permit shall require implementation of an approved SWPPP that uses storm water Best Management Practices to control runoff, erosion, and sedimentation from the site during the grading/construction and long-term operational phases of the project. The SWPPP is subject to review and approval by the Central Coast RWQCB and the Gilroy Engineering Division. 27. The first floor of all buildings shall be constructed a minimum of two feet above existing ground level to reduce flood risks within Zone X designated areas. 28. The following language shall be included on all permits issued for this project, subject to the review and approval of the Building Division: "AII::onstruction activities shall be limited to weekdays between 7:00 a.m. and 7:00 p.m. and to Saturclay and City holidays between 9:00 a.m. and 7:00 p.m. No construction is allowed on Sundays". 29. All construction equipment engines shall be properly tuned and muffled according to manufacturers' specifications. 5 Harvest Park Annexation and Residential Subdivision Negative Declaration January 2007 30. Noise construction activities whose specific location on the site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise-sensitive land uses, and natural and/or manmade barriers (e.g., intervening construction trailers) shall be used to screen propagation of noise from such activities towards these land uses to the maximum extent possible. 31. The use of those pieces of construction equipment or construction methods with the greatest peak noise generation potential shall be minimized. Examples include the use of drills and jackhammers. 32. Barriers such as plywood structures or flexible sound control curtains shall be erected along the western edge of the site to minimize noise exposure to the residential uses. 33. The project frontage on Monterey Road shali be designed such that sufficient right-of-way is available for the future widening and addition of a bike/pedestrian trail on Monterey Road, as specified in the City of Gilroy General Plan and the City of Gilroy Trai!s Mastel" Plan. Additionally, the project site design shall accommodate, as necessary, the planned trail in the L1agas Creek Corridor. The design of Cohansey Avenue shall accommodate Class II bike lanes or other similar bike facility. 34. Sidewalks shall be built on both sides of a:l streets in the development and on the project frontage on Monterey Road. Additionally, the sidewalk 01 the east side of Wren Avenue shall be extended south to Antonio del Buono Elementary School to facilitate peclestrian access between the school and the project site. 35. The recommended turn pocket lengths for the Monterey/Cohansey intersection are as follows: The eastbound left-turn shall be a double left-turn lane with 125- to 150-foot pockets, the southbound right-turn lane shall be 100 feet long, and the northbound left-turn pocket shall be 100 to 125 feet long. 36. The radius of the horizontal curve on Church Street, ;;outh of Cohansey Avenue shall be increased to at least 610 feet to comply with Citj' street Q6sign standards. 37. The roadway width of the residential alleys on the project site shall be increased to at least 20 feet to comply with the City of Gilroy Municipal Code. The driveways and alley widths \.vhere alleys connect to collector and arterial streets shall be flared to at least 24 feet to provide better two-way access for vehicular traffic. Additionally, on-street parking shall not be allowed near these driveways to maintain adequate site distance at the driveways. 38. The sidewalks on the various local public streets on the site shall be widened to at least 6 feet to comply with City street design standards. 39. The first median break on Cohans<sy Avenue, west of fVIor.terey Road, as shown on the site plan shall be closed or shall be relocatad so Hlat it is sit.Jat,ad west of the beginning of the bay taper for the eastbound left- turn lanes at Monterey Road. Assuming a 120-foot bay taper, the first median break would be approximately 245 to 270 feet west of Monterey Road. 40. The applicant shall provide parking in compliance wittl t~le Zoning Ordinance subject to the review and approval of the Planning Division. 41. The project will provide accommodations for the proposed improvements on Monterrey Road subject to the review and approval of these improvements. Date Prepared: June _,2006 End of Review Period: J'.I'Y __, 2006 Date Adopted by City Ccuncil: July ___' 2006 6 Harvest Park Annexation and Residential Subdivision Negative Declaration William Faus Planning Division Manager bfaus@ci.gilroy.ca.us 7 January 2007 TM 06-14 Final Conditions of Approval EXHIBIT B Plannin2 Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@cLgilroy.ca.us) 1. MITIGATION MEASURES #1 THROUGH #41, contained within the attached Negative Declaration 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 ofthe Planning Division. 2. Approval ofTM 06-14 is subject to the applicant receiving approval of AJS 06-45. The applicant shall obtain Planned Unit Development Architectural & Site approval (AJS 06-45 (PUD)) prior to Final Map recordation, subject to the review and approval of the 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 Attornev (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. En2ineerin2 Division (contact John Brice at 846-0450, John.Brice@ci.gilroy.ca.us) 7. Traffic signal improvements at Cohansey-Monterey are required per Traffic Master Plan 8. A SWPPP and an Erosion Control Plan is required for all development over 1 acre. TM 06-14 Final Conditions of Approval 2 3/23/07 9. Certification of improvements on site plans is required prior to Building final (add to general notes on Title sheet of plans). 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. TM 06-14 Final Conditions of Approval 3 3/23/07 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. 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 stmctures as a paIt 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 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. 32. All lots shall drain to the street forstorm drainage unless otherwise approved by the City Engineer. TM 06-14 Final Conditions of Approval 4 3/23/07 33. Improvement plans are required for all on-site and off-site improvements. 34. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 35. 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. 36. 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. 37. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 38. 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. 39. 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 ofthe 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". 40. Ifanyportion 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. 41. 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. 42. 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. 43. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 44. 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. TM 06-14 Final Conditions of Approval 5 3/23/07 45. 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. 46. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 47. The developer/contractor shall make accessible any or all City utilities as directed by the City Engineer. 48. 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, Jacqueline.Bretschneider@ci.gilroy.ca.us) 49. The following Tentative Map Conditions shall be included on off-site improvement plans as "Fire Department Notes" and the conditions shall be added as notes on the Final Map. Prior to street completion the Fire Marshal shall be contacted and a fire clearance for offside improvements be scheduled. a. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to 3,600 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 the Fire Marshal prior to possession by the water department. Curbing shall be painted red for 7 feet on each side of each hydrant. b. Roadways, including shared driveways and alleys, shaH provide a minimum 20 feet of unobstructed travel. This is measured from inside face of curb to inside face of curb unless modified/rolled curbs are used. Turning radius shall not be less than 32' inside and 39' outside radius. Parking shall be restricted as follows I. Less than 28 ft. no parking at all. 2. Less than 36 ft. no parking on one side. 3. Over 36 ft parking not restricted. c. 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. d. 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." The tract improvement plans shall include a striping plan that delineates the red curbed areas and the locations of no parking signage. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-33 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 16th 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 27th day of April, 2007. (Seal)