Loading...
Resolution 2007-42 RESOLUTION NO. 2007-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 06-17, A TENTATIVE MAP TO CREATE 22 RESIDENTIAL CONDOMINIUMS, AND 6 COMMERCIAL CONDOMINIUMS, ON APPROXIMATELY .41 ACRES LOCATED AT 7680 MONTEREY STREET, ON THE EAST SIDE OF MONTEREY SOUTH OF IOOF AVENUE, APNS 841-04-016 AND 017. WHEREAS, Almeida Mini-Mall clo Afonso Almeida, submitted application TM 06-17, requesting a tentative map to subdivide a .41 acre site into 22 residential lots and 6 commercial condominiums ("the Project"), located at 7680 Monterey Street, on the east side of Monterey south of IOOF Avenue, APNS 841-04-016 and 017; and WHEREAS, on February 22, 2005 and July 18, 2005 the City Council approved granting a Small Project Exemption for the Project; 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 March 20, 2007 ("Staff Report"), and all other documentation related to application TM 06-17, and recommended that the City Council approve said application; and WHEREAS, the City Council at its duly noticed meeting on April 17, 2007 considered the public testimony, the Staff Report, the supplemental staff report dated April 10, 2007, and all other documentation related to application TM 06-17; and WHEREAS, California Environmental Quality Act Guidelines Section 15332 ("CEQA"), provides a categorical exemption that applies to this application in that it is an in-fill development project; and \LLEZOTTE\723829.1 041907-04706089 - 1- Resolution No. 2007-42 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: 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 General Plan Land Use Designation for the Downtown Historic District (DTH) zoning district. 3. The proposed Project is consistent with the City's Zoning Ordinance and Subdivision and Land Development Code, and with the State Subdivision Map Act. 4. The proposed Project is consistent with the intent of the goals and policies of the City's Housing Element and General Plan for the provision of affordable market rate housing. 5. The Project is consistent with the surrounding development. 6. This Project is categorically exempt from environmental review under CEQA as an infill development pursuant to CEQA Guideline 15332. 7. There are no facts to support the findings requmng denial of the proposed tentative map pursuant to California Government Code section 66474. C. Tentative Map TM 06-14 should be and hereby is approved, subject to the conditions of approval set forth in as Exhibit "A" attached hereto and entitled "TM 06-17 FINAL CONDITIONS OF APPROVAL". \LLEZOTTE\723829.1 041907-04706089 - 2- Resolution No. 2007-42 PASSED AND ADOPTED this 7th day of May, 2007, by the following vote: AYES: NOES: ABSENT: ATTEST: ~-,/litd'd COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: /{,( /L-' Rhonda Pellin, City Clerk \LLEZOTTE\723829.1 041907-04706089 ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, and VELASCO NONE PINHEIRO APPROVED: ;;r........... .~ C-"~. .. /~'ND ..,.... ". '-1/ Peter Arellano, Mayor Pro Tempore - 3- Resolution No. 2007-42 EXHIBIT A Tentative Map Conditions of Approval- TM 06-17 1. 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. 2. A condominium owner's association shall be established to maintain the structural components of the buildings and building interiors, exteriors, sidewalk and parking maintenance. A copy of the recorded Conditions, Covenants & Restrictions (CC&R's) shall be submitted to the Planning Division and City Attorney prior to approval of the final map. 3. A list of all services and facilities to be furnished to individual owners and a statement of all fees and other conditions applicable to the use of such services and facilities shall be provided to the Planning Division for review prior to approval of the final map. 4. A statement shall be provided to all residents of their rights and obligations regarding all common spaces and facilities. 5. No contract for management, operation or maintenance of common areas may extend more than thirty days beyond the time at which majority control of the Homeowner's Association passes to individual unit owners unless approved by the Homeowner's Association after majority control has passed to individual unit owners. 6. Each residential purchaser shall be provided a one-year warranty on all appliances within the unit. A one-year warranty shall also be provided to all purchasers of individual units and to the Homeowner's Association on all structures, electrical, heating, air-conditioning, plumbing, ventilation equipment and roofing. 7. All units shall be separated by a one-hour fire wall. 8. Each unit shall have individual utility meters for electric service. 9. All mechanical equipment such as air conditioning units and domestic appliances shall be shock mounted to minimize noise and vibration. 10. Clearly identify and dimension easements and indicate if existing or proposed; if none, indicate so. 11. All damaged curb, gutter, and sidewalk along project frontage shall be replaced to current City standards and conform to adjacent properties. 12. Maintain 4 feet minimum sidewalk clearancelpath of travel from all street furniture; identify and dimension. 13. Show andlor provide curb ramp (if none exists) on southeast corner of Monterey Street-Third Street intersection. 14. Driveway shall be aligned with alley and shall be per current City standard - identify and dimension. TM 06-17 2 3120107 15. Existing driveways no longer utilized shall be removed and replaced with current City standard curb, gutter, and sidewalk. 16. Approximate location, names, and directions of flow of all watercourses and natural drainage channels; and approximate locations of all areas covered by water or subject to overflow by one percent flood. 17. Show proposed route of drainage system. 18. Source of water supply and proposed distribution system. 19. Proposed method of sewer collection and disposal. 20. Utilities shall be undergrounded per municipal code. 21. Provide and show proposed project lighting, including proposed street lighting, building frontage, trash enclosure, parking area, etc. lighting, as applicable. 22. Provide and show parking area lighting. 23. Trash enclosure does not match approved trash enclosure layout/plan. 24. Provide and show trash enclosure lighting. 25. Identify hatching in front of trash enclosure. 26. Alley from Monterey Street east to Union Pacific right-of-way and then south to southern project limit shall be upgraded to local street section. 27. Provide and show protection plan for pole(s) in alley. 28. Provide streetlights on two (2) poles in alley. 29. Curb line along southeast portion of building does not match improvement plans. 30. Installation of directional monument signs shall be required prior to the final map approval. 31. Knox Key access for the police and fire shall be required for any existing electric gates prior to the final map approval. 32. All work shall 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. 33. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 34. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 35. A current Title Report shall be submitted for review to the City prior to final map approval. 36. If creating a Homeowners Association, Conditions, Covenants and Restrictions andlor property owner's Maintenance Agreement the document shall be approved by the Planning Division prior to the map being released for recordation. 37. Once the tentative map is approved, the developer shall submit an 8 ~-inch 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 driveways. 38. The developerlcontractor shall make accessible any or all City utilities as directed by the City Engineer. 39. Any damaged curb, gutter, sidewalk, and driveways along project frontage shall be replaced following current City standards and conform to existing adjacent properties. TM 06-17 3 3/20107 40. Existing driveways no longer utilized shall be removed and replaced with City standard curb, gutter, and sidewalk. 41. Applicant shall be required to obtain a City of Gilroy encroachment permit for all work in City right of way (i.e. sidewalk, curb, gutter, driveway, roadway, etc.). 42. When submitting for building permit, encroachment permit, etc., improvement plans shall include a traffic control plan for activities performed within City right-of-way (including alleyways). 43. A SWPPP and an Erosion Control Plan is required for all development over 1 acre. 44. Certification of improvements on site plans is required prior to Building final (add to general notes on Title sheet of plans). 45. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans). 46. 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. 47. 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. 48. 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. 49. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in Traffic Control Design. 50. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the public right-of-way. 51. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 52. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 53. 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. 54. 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. 55. 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. 56. 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. 57. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 58. 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 06-17 4 3120107 59. 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. 60. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 61. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final map submittal. 62. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 63. 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. 64. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: o 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.) o 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. o "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. o The City will collect the plan check and inspection fee for the utility underground work. 65. A current Title Report shall be submitted for review to the City prior to Final map approval. 66. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: o A professional engineer-signed and PG&E-approved original electric plan. o 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. 67. All lots shall drain to the street for storm drainage unless otherwise approved by the City Engineer. 68. Improvement plans are required for all on-site and off-site improvements. 69. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 70. 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. 71. 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. TM 06-17 5 3/20107 72. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 73. 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. 74. 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 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". 75. 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. 76. If creating a Homeowners Association, Conditions, Covenants and Restrictions and/or property owner's Maintenance Agreement, the document shall be approved by the Planning Division prior to the map being released for recordation. 77. 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. 78. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 79. 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. 80. 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. 81. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 82. The developerlcontractor shall make accessible any or all City utilities as directed by the City Engineer. 83. All fire and life safety systems shall be the responsibility of all owners and all owners shall have access rights for the maintenance and repair of fire and life safety systems". 84. Utilities will be undergrounded from the building to the nearest pole. I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2007-42 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 31 st day of May, 2007. 7- L ' / //. ~!ft1~ i . .- . ~. City Clerk of the City OhiilrOy (Seal)