Resolution 2007-39
RESOLUTION NO. 2007-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 06-06, A TENTATIVE MAP TO
CREATE AN 11 PARCEL RESIDENTIAL SUBDIVISION, ON
APPROXIMATELY FOUR ACRES LOCATED AT 5875 MILLER
AVENUE, WEST OF THE MILLER, THOMAS AND MESA
ROAD INTERSECTON, APNS 810-28-014 AND 015.
WHEREAS, Martin Chappell submitted application TM 06-06, requesting a tentative
map to create an 11 parcel residential subdivision on approximately four acres ("the Project"),
located at 5875 Miller Avenue, west of the Miller, Thomas and Mesa Road intersection, APNS
810-28-014 and 015; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 5,
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
06-06, and recommended that the City Council approve said application; and
WHEREAS, pursuant to the California Environmental Quality Act, ("CEQA"), the City
Council after consideration of the Environmental Impact Report ('EIR') prepared in conjunction
with this Project, and utilized for the change in Zoning Designation (Z03-04), did certify the EIR
on December 19, 2005, finding that the EIR was prepared in compliance with CEQA. This
associated Tentative Map (TM 06-06) is determined to be part of the project receiving
environmental clearance with said EIR; and
WHEREAS, the City Council held a duly noticed public hearing on April 16, 2007 at
which time the City Council considered the public testimony, the Staff Report, a supplemental
staff report dated April 10, 2007, and all other documentation related to application TM 06-06;
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:
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041907-04706089
Resolution No. 2007-39
1. Public utilities and infrastructure improvements needed to serve the Project are in
close proximity to the Project site.
2. The proposed Project 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 (Low
Density Residential).
4. The Project is consistent with the surrounding development.
5. There is no substantial evidence in the entire record that there will be any 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 requmng denial of the proposed
tentative map pursuant to California Government Code section 66474.
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Resolution No. 2007-39
B. Tentative Map TM 06-06 should be and hereby is approved, subject to the
conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 06-06 FINAL
CONDITIONS OF APPROVAL" which include the 12 mitigation measures set forth in the EIR.
PASSED AND ADOPTED this 7th day of May, 2007, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
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Rhonda Pellin, City Clerk
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Resolution No. 2007-39
EXHIBIT A
Tentative Map Conditions of Approval- TM 06-06
1. MITIGATION MEASURES #1 through #12 contained within the Final EIR certified on December 19,
200S, pursuant to the California Environmental Quality Act (CEQA) for the Miller Avenue
Reorganization A 03-01 for the subject project shall be applied to the approval ofthis Tentative Map
2. 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.
3. Landscaped area along northeastern side of street shall be mutually maintained by all eleven properties
in this subdivision.
4. Homeowners Association or property owner's Maintenance Agreement is required for all commonly
owned property and the private street within this subdivision.
S. There are existing property boundaries among the Sargenti Martial Trust Tentative Map and the
Chappell Tentative Map applicants which adjoin common areas andlor front yards. Solid fencing
higher than 3 feet in these areas will not be permitted. Solid 6 foot fencing will only be permitted
when associated with rear yard fencing.
6. Prior to Final Map approval the Sargenti Martial Trust Tentative Map and the Chappell Tentative Map
applicants will develop mutually acceptable Homeowners Association andlor property owner's
Maintenance Agreement for any common boundary fence shared by both projects.
7. 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.
8. The first "turn-out" bulb will be publicly maintained the remainder of the street will be private and
maintained by the property owners.
9. Source of water supply and distribution system will be identified and approved prior to Final Map
submittal.
10. All surface drainage will be directed toward the street unless otherwise approved prior to Final Map
submittal.
11. Curb Ramp per City standard STR-20
12. A soils report is needed
13. Proposed off-site routing plans for sewer, water, storm drainage, primary vehicular street access, and
secondary emergency access shall be provided.
14. Complete grading plans shall be prepared that illustrate all proposed cuts and fills.
The following standard Tentative Map conditions shall apply:
15. A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
TM 06-06 2 Revised 2/21/07
16. Certification of improvement on site plans is required prior to Building final (add to general notes on
Title sheet of plans).
17. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of
plans).
18. 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.
19. 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.
20. 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.
21. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in
Traffic Control Design.
22. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the public
right-of-way.
23. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the
City Engineer in writing.
24. Full frontage improvements are required for all new development. All streets must show sidewalks on
both sides.
25. 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.
26. 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.
27. 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.
28. 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.
29. A minimum of one exterior monument shall be set. Additional monuments can be required by the City
Engineer or City Surveyor as deemed necessary.
30. 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.
31. 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.
32. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
33. The developer shall submit an estimate ofthe probable cost of developer-installed off-site
improvements with the Final map submittal.
TM 06-06 3 Revised 2/21/07
34. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final
Map recordation.
35. 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.
36. 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 andlor 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.
37. A current Title Report shall be submitted for review to the City prior to Final map approval.
38. 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.
39. Improvement plans are required for all on-site and off-site improvements.
40. Submit a Hazardous Material clearance for any underground tank removal from the appropriate
agency.
41. 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.
42. 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.
43. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
44. 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.
45. If any portion of the project is located in a special flood hazard area, provide the following statement in
a bold box with minimum ~ inch text on the front sheet of the plan set: "This project is located in a
TM 06-06 4 Revised 2/21/07
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" .
46. 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.
47. Homeowners Association, Conditions, Covenants and Restrictions andlor property owner's
Maintenance Agreement shall be approved by the Planning Division prior to the map being released
for recordation.
48. 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.
49. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as
deemed appropriate by the City Engineer.
50. 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.
51. 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.
52. The permanent street name sign shall be installed immediately after the curb and gutter construction is
complete.
53. The developerlcontractor shall make accessible any or all City utilities as directed by the City
Engineer.
54. Prior to Final Map recordation the Applicant shall relinquish all rights to any private road, access,
utility andlor storm drain easements they hold within boundaries of Tract 9594 Mesa Ridge and shall
accept San Justo Road, recently constructed within said subdivision, as permanent access and utility
easements to Applicant's parcel.
Community Services Department (contact Todd Barreras 408-846-0460. todd.barreras@ci.2ilrov.ca.us)
These conditions are subject to the review and approval of the Community Services Department.
55. Street trees shall be required according to the City's Consolidated Landscape Policy. Contact the
Community Services Department for requirements on placement, species and maintenance. A street
tree permit shall be obtained prior to obtaining a building permit.
Fire Marshal (contact Jacqueline Bretschneider at 846-0430. iacQueline.bretschneider{a),ci.2ilrov.ca.us)
These conditions are subject to the review and approval ofthe Fire Marshal.
56. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to 3600
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 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. The
most remote hydrant shall be flow tested by a qualified person or the Fire Marshal prior to possession
by the water department. Flow test shall be submitted to the Fire Marshal prior to the building permit.
Curbing shall be painted red for 15 ft on each side of each hydrant.
TM 06-06 5 Revised 2/21/07
57. All homes shall be provided with water laterals and meters sized to allow for a residential NFP A 13d
fire sprinkler system. Plot plans for tract homes shall specify that the house is to be provided with fire
sprinklers.
58. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than
15 ft shall be provided. Turning radius shall not be less than 32' inside and 39'. Road widths shall be
as follows, or an exception from the Fire Chief obtained.
a. 20 ft. no parking on either side
b. 28 ft. no parking on one side.
c. 36 ft parking not restricted.
59. 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.
60. 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. "
61. Dead end public streets shall be provided with a cul-de-sac of 78 'diameter. Private streets may use
alternate turn around configurations when fire sprinklers are provided. These include a hammer head
with 30'deep extensions on each side of roadway, 3 point turnaround consisting of a 54'x54'
rectangular turnaround from a minimum 20' entry adjacent to one corner.
62. Roads shall not exceed 15 % grade, shall provided 14 ft overhead clearance, and an inside turning
radius of not less than 32' and outside radius of not less than 39'
63. Grade transition from streets to driveways shall not exceed 2%. Other grade transitions shall not
exceed 10% or be such that 30 ft fire apparatus shall not bottom out.
64. Gated Streets shall have Fire and Police KNOX access. Gates shall provide opening of full width of
roadway being served.
65. Street signage shall be installed prior to anyon-site improvements (foundations or buildings) has
begun.
66. Secondary access shall be provided when 24 or more units served. Secondary access is to provide a
second means to the project area as a whole. Secondary Fire access other than a standard roadway is to
be reviewed and approved Fire Chief. Gated Access Roadways shall be provided with electronic and
provided with an Opticom opening system compatible with the Fire Department equipment.
67. 11. A 30 ft wide fuel transition zone shall be provided along the outer perimeter ofthe Open Space. A
fuel transition zone plan shall be provide for approval by the Fire Marshal. Open space and fuel
transition zone shall be maintained by the HOA pursuant to the approved fuel transition zone plan.
68. All homes shall be provided with residential fire sprinklers conforming to NFP A 13D are required
inclusive ofthe garage and crawl spaces greater than 50 square feet with 5ft clearance. The underside
of decks shall be protected with fire sprinklers or be enclosed with one-hour rated construction.
69. No off-site real estate sales signs will be permitted adjacent to the public right of way.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2007-39 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
7th day of May, 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 1 st day of June, 2007.
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(Seal)