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Resolution 2008-17 RESOLUTION NO. 2008-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 07-03, A TENTATIVE MAP TO CREATE 104 RESIDENTIAL CONDOMINIUMS ON APPROXIMATELY 5.361 ACRES LOCATED AT 766 FIRST STREET, WEST OF MILLER AVENUE, APNS 808-13-001 AND 007. WHEREAS, Mission Park clo Terry Maas submitted application TM 07-03, requesting a tentative map to create 104 residential condominiums in an existing apartment complex on 5.351 acres ("the Project"), located at 766 First Street, west of Miller Avenue, APNS 808-13-001 and 007; and WHEREAS, the California Environmental Quality Act ("CEQA"), provides a categorical exemption for projects that are 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 January 3, 2008, at which time the Planning Commission considered the public testimony, the Staff Report dated December 13, 2007 ("Staff Report"), and all other documentation related to application TM 07-03, and recommended that the City Council approve said application; and WHEREAS, the City Council held duly noticed public hearings on January 22,2008 and April 7, 2008, at which time the City Council considered the public testimony, the Staff Report, and supplemental Staff Reports dated January 7, 2008 and March 24, 2008, and all other documentation related to application TM 07-03; 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: ILLEZOTTEI757998.1 040808-04706089 - 1- Resolution No. 2008-17 1. The proposed conversion conforms to the land use designation on the General Plan map and is generally consistent with the intent of the General Plan document for high density residential uses. 2. The proposal is consistent with the intent of the goals and policies of the City's Housing element and General Plan document for the provision of affordable market rate housing. 3. The Project is categorically exempt from environmental review under CEQA as an existing facility pursuant to CEQA Guideline Section 15301. 4. The proposal is consistent with the Subdivision Map Act, the City's Subdivision Ordinance of the Municipal Code and the City's Residential Condominium Conversion Policy. 5. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474. B. Tentative Map TM 07-03 should be and hereby is approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 07-03 TENTATIVE MAP CONDITIONS. PASSED AND ADOPTED this 21 st day of April, 2008 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, TUCKER, WOODWARD, and PINHEIRO NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: BRACCO APPROVED: ~- Albert Pinheiro, Mayor ATTEST: Shrw a Freels, City Clerk ILLEZOTTEI757998.1 040808-04706089 - 2- Resolution No. 2008-17 EXHIBIT "An TM 07-03 FINAL CONDITIONS OF APPROVAL Plannine: Division (contact Melissa Durkin, Melissa.Durkin@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. Submit a copy of the conditions, covenants and restrictions for the condominium project prior to Final Map approval. 3. Prior to Final Map approval, provide Planning staff with 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 the services and facilities. 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, provide a report that lists: the physical condition of the structures, mechanical equipment, and infrastructure; and the estimated annual operating and maintenance costs for all common facilities and services for the next three years. This report must be prepared or peer reviewed by a professional management firm familiar with operating and maintenance costs of similar property in the area. Ene:ineerine: 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. The existing well must be abandoned. 7. The sidewalks, curb and gutter, and driveway entrance must be brought to City Standards if they are damaged or do not meet City standards. 8. AIJ work is to be done in compliance with the City of Gilroy Specifications, Standards and Design Criteria and is subject to alJ laws of this community by reference. 9. AIJ onsite drainage, water and sanitary sewer systems shalJ remain private. 10. Owner shalJ 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 alJ parcels from the public street. 12. No construction activity is allowed on City specified Holidays. TM 07-03 Final Conditions of Approval 2 4/8/08 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. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 20. 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. 21. 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. 22. 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. 23. 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. 24. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 25. 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. 26. 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. 27. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 28. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final map submittal. 29. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. TM 07-03 Final Conditions of Approval 3 4/8/08 30. 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 2 I days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. 31. 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 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. 32. A current Title Report shall be submitted for review to the City prior to Final map approval. 33. 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. 34. All lots shall drain to the street for storm drainage. 35. Improvement plans are required for all on-site and off-site improvements. 36. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 37. 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. 38. 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. 39. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. TM 07-03 Final Conditions of Approval 4 4/8/08 40. 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. 4 I. If any portion ofthe project is located in a special flood hazard area, provide the following statement in a bold box with minimum \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." 42. If any portion ofthe project contains recycled water facilities as shown in the South County Recycled Water Master Plan, the facilities shall be installed at the sole expense of the developer prior to final or occupancy of the first building. 43. 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. 44. 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. 45. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 46. Once the tentative map is approved, the developer shall submit an 8-l/2-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 driveway. 47. 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. 48. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 49. The developer/contractor shall make accessible any or all City utilities as directed by the City Engineer. Fire Marshal: (contact 1. Bretschneider at 408-846-0430, jacqueline.bretschneider@ci.gilroy .ca.us) These conditions are subject to the review and approval ofthe Fire Marshal. 50. Provide Fire Hydrants shall able to flow 1500 gpm with a20 psi residual pressure within 150 ftofany building. Fire Hydrant locations shall be approved by the Fire Marshal prior to final map/site improvements. Curbing shall be painted red for 7 ft on each side of each hydrant and hydrants shall be protected by curbing and/or bollards. TM 07-03 Final Conditions of Approval 5 4/8/08 51. Interior Roadways shall 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 a) Less than 28 ft. no parking at all. b) Less than 36 ft. no parking on one side. c) Over 36 ft parking not restricted. 52. 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. 53. The Final Map shall include a paragraph that reads: "Red curbing and signage shall be maintained by the Homeowners' Association. A parking enforcement plan 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. 54. Gated access shall have Fire and Police KNOX access, and be provided with automatic opening compatible with the Fire Department Opticom System. Gates shall provide an opening the full width of roadway being served. 55. Buildings shall be upgraded to be protected by fire sprinkler systems. Either a 130 or 13R system is to be installed during the building improvements. 56. Building and House numbers shall be clearly visible from the street or internal roadways. Address numbers shall be a minimum of2.5 inches in height with a 3/8 inch stroke and placed to read from left to right and/or top to bottom. Illuminated addressing is required on each home. 57. Complex directory signage shall be installed at each entry driveway. The signage shall be illuminated and reviewed and approved by the Fire Marshal. Fire Hydrants shall be able to flow 1500 llpm 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 fl, and within 150 ft ofanybm1ding. 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~ ~ 57. Roadways shall provide a minirnwn 20 feet Ofllllobstructed travel Vertical clearance of not less than 15 feet shall be provided Turning radius shall not be less than 32feet insIde and 39feet Road widths shall be as follows. or an exception from the FIre Chief obtamed. ~ ~ 20 feet no parking on either sid~ 28 feet no parking on one side.~ 36 feet parking not restricted.~ 58. 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 Homeo\Vllers Association." ~ ~ ~ 59. Dead end streets in excess of 150 ft shall be provIded with a turn around that meets the Fire Department Standard_ (cul- de-sac of 78' diameter, 84 " long, and 24 ft wide hammer head, or a 3 point turnaround consisting of a 54 'x54' rectangular turnaround from a minimum 24' entry adjacent to one comer I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2008-17 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 21 5t day of April, 2008, 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 6th day of June, 2008. (Seal)