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
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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.
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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:
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p~
c/ . (,
APPROVED:
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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)
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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.
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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.
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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.
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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.
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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)