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Resolution 2007-91 RESOLUTION NO. 2007-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 07-04, A TENTATIVE MAP TO CREATE 10 SINGLE-FAMILY RESIDENTIAL CONDOMINIUM UNITS, COMMON OPEN SPACE, AND GARAGE PARKING SPACE, ON APPROXIMATELY 0.47 ACRES LOCATED AT 7460 AND 7470 ROGERS LANE, APNS 841-53-005 AND 841-53-006. WHEREAS, Creekside Crossing Pacific c/o Sal Akter, the applicant, submitted TM 07- 04, requesting a tentative map to create 10 single-family residential condominium units, common open space and parking garage spaces on approximately 0.47 acres located at 7460 and 7470 Rogers Lane, APNS 841-53-005 and 841-53-006 ("Project"); and WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical exemption for existing facilities pursuant to CEQA Guidelines Section 15301, which applies to this Project; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 1, 2007, at which time the Planning Commission considered the public testimony, the staff report dated October 26, 2007 ("Staff Report"), and all other documentation related to application TM 07-04, and recommended that the City Council approve this application; and WHEREAS, the City Council held duly noticed public hearings on November 19, 2007, at which time the City Council considered the public testimony, the Staff Report, a supplemental staff report dated November 2, 2007,and all other documentation related to application TM 04- 07; and WHEREAS, the Project is in general compliance with the land uses studied in the City's 2020 General Plan EIR and the Zoning District and existing residential densities that the General Plan studied for these parcels; and -1- \JH\744994.1 Resolution No. 2007-91 WHEREAS, this Project complies with all of the requirements of the City's Residential Condominium Conversion Policy; and WHEREAS, the City Council determined that the conditions of approval set forth in the Staff Report and recommended by the Planning Commission should apply to the Project; 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. SECTION I NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds as follows: 1. The Project is does not propose a density increase and is generally compatible with the objectives, policies, general land use designation for the property on the City's General Plan map (Low Density Residential). 2. The Project is consistent with the Zoning Ordinance (R3) and the City's Subdivisions and Land Development Code, and the State Subdivision Map Act. 3. The Project complies with all of the requirements of the City's Residential Condominium Conversion Policy. 4. Public utilities and infrastructure improvements needed to serve the proposed Project are located on the Project site. 5. The Project is consistent with surrounding development. 6. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code sections 66474 and 66427.5. -2- \JH\744994.1 Resolution No. 2007-91 B. Tentative Map TM 07-04 hereby is approved, subject to the conditions attached hereto as Exhibit A and entitled "TENTATIVE MAP CONDITIONS OF APPROVAL". PASSED AND ADOPTED this 3rd day of December, 2007, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ;" ATT~ST: \ p~ c/ . (, APPROVED: ~ ".-- -3- \JH\744994.1 Resolution No. 2007-91 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-91 is an original resolution, or true and correct copy of a city resolution, du1y adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of December, 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 19th day of December, 2007. (Seal) TM 07-04 4 10/26/07 5. Condominium conversions shall be evaluated in the same manner and extent as new condominium projects, with updating and modernizing to the fullest extent feasible as determined by the Planning Commission and the City Council. Staff believes that the applicant is proposing to do this and the City's Building Division will inspect all new work to insure that the work meets building code. 6. All common areas shall be required to be refurbished to a condition acceptable to the Planning Commission. A landscape plan is attached to the Planning Commission and City Council packet for this tentative map application. The Applicant has agreed to improve the landscape and to provide a children's play area and outdoor BBQ area. Through the Architectural & Site Review process Staff will ask for a small children's apparatus that includes 3 modules as staff feels a single slide is not sufficient. STAFF RECOMMENDATION Staff recommends approval of tentative map TM 07-04 subject to the Conditions listed below. Plannine Division (contact Gregg Polubinsky, gregg.polubinsky@ci.gilroy.ca.us, 408-846-0440) These conditions are subject to the review and approval of the Planning Division. 1. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning 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. Prior to Final Map approval a copy of the conditions, covenants and restrictions for the condominium project must be reviewed by City Staff for comment. 3. Prior to Final Map approval 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 must be reviewed by City Staff for comment. 4. Prior to Final Map approval all proposed improvements, repairs, upgrades and new appliances must be in-place and inspected. 5. Prior to Final Map approval a report on the physical condition of the structures, mechanical equipment and infrastructure, plus the estimated annual operating and maintenance costs for all common facilities and services for the next three years as prepared or reviewed by a professional management firm familiar with operating and maintenance costs of similar property in the area must be reviewed by City Staff for comment. Eneineerine: Division (contact John Brice, john.brice@ci.gilroy.ca.us, 408-846-0450) These conditions are subject to the review and approval of the Engineering Division. 6. A completed environmental clearance document for the project must be approved by the City Engineer. 7. Sidewalks, curb and gutter and driveway entrance must be brought to City Standards if they are damaged or do not meet City standards. TM 07-04 5 10/26/07 8. 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. 9. All onsite drainage, water and sanitary sewer systems shall remain private. 10. Owner shall grant public use and emergency vehicle access easements to the City as necessary to accommodate existing utilities and emergency vehicles. 11. Owner shall establish a common access easement for access to all parcels from the public street. The following standard Tentative Map conditions shall apply: 12. No construction activity allowed on City specified Holidays. 13. A SWPPP and an Erosion Control Plan is required for all development over 1 acre. 14. Certification of improvement on site plans is required prior to Building final (add to general notes on Title sheet of plans). 15. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans). 16. 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. 17. 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. 18. 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. 19. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in Traffic Control Design. 20. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the public right-of-way. 21. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 22. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 23. 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. 24. 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. 25. 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. TM 07-04 6 10/26/07 26. 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. 27. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 28. 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. 29. New and existing utility lines to, through and on the site, and appurtenances and associated equipment, inclu~ing, but not limited to, electrical transmission, street lighting, cable television and telephone shall be required to be placed underground. 30. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 31. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final map submittal. 32. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 33. 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. 34. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: a. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground.) b. A note shall be placed on the plans which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists. c. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. d. The City will collect the plan check and inspection fee for the utility underground work. 35. A current Title Report shall be submitted for review to the City prior to Final map approval. 36. 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. TM 07-04 7 10/26/07 37. All lots shall drain to the street for storm drainage. 38. Improvement plans are required for all on-site and off-site improvements. 39. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 40. 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. 41. 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. 42. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 43. 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. 44. If any portion of the project is located in a special flood hazard area, provide the following statement in a bold box with minimum 1,4 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". 45. 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. 46. 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. 47. 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. 48. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 49. Once the tentative map is approved, the developer shall submit an 8-1/2 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 07-04 8 10/26/07 50. 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. 51. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 52. The developer/contractor shall make accessible any or all City utilities as directed by the City Engineer. Respectfully, ~ William Faus Planning Division Manager bfaus@cLgilroy.ca.us I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-91 is an original resolution, or true and correct copy of a city resolution, du1y adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of December, 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 19th day of December, 2007. (Seal)