Resolution 2010-30
RESOLUTION NO. 2010-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM09-02, A TENTATIVE MAP
TO APPROVE A 4.35-ACRE 29-LOT SUBDIVISION ON
RONAN AVENUE, APN 790-16-231
WHEREAS, Ronan A venue Investors, the applicant, submitted TM 09-02, requesting a
tentative map to create 32 single-family residential parcels on approximately 4.35 acres located
on Ronan Avenue at the termini of Brazos Street and Bosque Street, APN 790-16-231 (formerly
790-16-057); and
WHEREAS, the applicant formerly proposed an 18 unit single-family residential project
and received City approvals at this site in 2006; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for Infill Development Projects pursuant to CEQA Guidelines Section 15332, which
applies to this Project; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 4,
2010, at which time the Planning Commission considered the public testimony, the staff report
dated March 8, 2010 ("Staff Report"), and all other documentation related to application TM 09-
02, and recommended that the City Council approve this application as modified to 29 single-
family residential parcels; and
WHEREAS, the City Council held duly noticed public hearings on March 15,2010, April
19,2010 and June 7, 2010, at which time the City Council considered the public testimony, the
Staff Report, a supplemental staff report dated June 7, 2010 and all other documentation related
to application TM 09-02; and determined that a modified map could be approved with 29 single-
family residential parcels (the "Project") and directed the applicant to revise the map to eliminate
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Resolution No. 2010-30
certain parcels; and
WHEREAS, the City Council determined that the conditions of approval set forth in the
Staff Report and recommended by the Planning Commission, as well as the revised conditions
concerning the design of the subdivision 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.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The City Council hereby finds as follows:
1. The Project is consistent with the land use designation for the property on
the City's General Plan map (Low Density Residential) and with the intent of the goals
and policies of the General Plan.
2. The Project is generally consistent with the Zoning Ordinance, and in
particular with Z09-04 adopted by the City Council on July 19, 2010, and the City's
Subdivisions and Land Development Code, and the State Subdivision Map Act.
3. 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.
SECTION II
Tentative Map TM 09-02 hereby is approved, subject to the conditions attached
hereto as Exhibit A and entitled "Ronan Gardens TM 09-02 Final Conditions Of
Approval" .
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Resolution No. 2010-30
SECTION III
This Resolution shall be in full force and take effect only if both Ordinance No. 2010-12
approving Z 10-03 and Ordinance No. 2010-13 approving Z 09-04 take effect, and on the same
date that the later of the two ordinances takes effect. If either ordinance does not take effect,
then this Resolution is null and void and tentative map application TM 09-02 is denied without
any further action required by the City Council.
PASSED AND ADOPTED this 19th day of July, 2010, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
WOODWARD
NOES:
COUNCILMEMBERS:
BRACCO, TUCKER and PINHEIRO
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
ATTEST:
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Resolution No. 2010-30
Ronan Gardens
TM 09-02
Final Conditions of Approval
Plannina Division (contact Melissa Durkin at 846-0451, Melissa.Durkin@cLgilroy.ca.us)
1. Approval of TM 09-02 is subject to the applicant receiving approval of Residential
Development allocations, Zone Change application Z 09-04 and Architectural & Site
Review application A1S 09-12, and adoption of text amendment Z 10-03.
2. The developer shall submit a copy of the Conditions, Covenants and Restrictions to the
Planning Division for approval prior to submittal of the Final Map.
City Attorney (contact Linda Callon at 286-5800, linda.callon@berliner.com)
3. The 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.
4. No building permit shall be issued in connection with this project if the owner or developer
of such development (i) is not in compliance with the City's Residential Development
Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as the RDO, any
conditions of approval issued in connection with such development, or other City
requirements applicable to such development; or (ii) is in default under any agreement
entered into with the City in connection with such development pursuant to the RDO.
The project must also comply with any condition of exemption granted from the RDO,
including but not limited to time limits in obtaining City approvals and completion of
construction of the dwelling units. The following is a condition of this project set forth in
Resolution No. 2010-29 approving a Shovel-ready exemption pursuant to Section
50.62(b)(11):
"The Applicant must obtain all Approvals and complete construction of the project's
dwelling units within thirty-six months from the date of this Shovel-ready Project
Exemption approval; otherwise, this Shovel-ready Project Exemption approval shall be
deemed automatically revoked, without further action by the City Council. This condition,
which may include timelines for obtaining further entitlements for final map and/or
building permits, shall be memorialized in a recordable document in a form satisfactory to
EXHIBIT A
TM 09-02
2
7/19/10
the Director of Community Development and the City Attorney prior to or upon issuance
of Final Map."
Enaineerina Division (contact Don Dey or Rick Smelser at 846-0451,
Don. Dev@ci.oilroV.ca.us; Rick. Smelser@cLgilroy.ca. us)
5. The developer shall submit vector based e-files prior to Final Map approval, readable by
AutoCAD (IGES, DXF, DWG) and containing lot and street layout and all City utilities.
6. Show all proposed monuments and labels on the control line.
7. Address all Engineering red-line comments, dated December 1, 2009, and shown on
Tentative Map provided unless otherwise approved by the City Engineer.
8. Revise Brazos and Bosque street sections and right of way to match existing street City
Standards (Classic Street Standards). La Cruces Drive may be designed to Livable
Community Street Standards as approved by City Council February 6, 2006.
9. As part of the first submittal for Final Map, the developer shall submit vector based
electronic files readable by AutoCAD.
10. A minimum of one exterior monument shall be set. Additional monuments can be
required by the City Engineer or City Surveyor as deemed necessary.
11. 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.
12. A Final Map with all required dedications shall be filed with a copy transmitted to the
City.
13. The developer shall submit an estimate of the probable cost of developer-installed off-
site improvements with the Final map submittal.
14. The developer shall submit fees and bonds and enter into an improvement agreement
prior to Final Map recordation.
15. 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.
EXHIBIT A
TM 09-02
3
7/19/10
16. 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.
17. A current Title Report shall be submitted for review to the City prior to Final map
approval.
18. 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.
19. Once the tentative map is approved, the developer shall submit an 8-1/2 X 11-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.
20. 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.
21. Additional comments may be added at any time due to incomplete plans, plan changes
and mistakes, errors or omissions.
Fire Department (contact Jacqueline Bretschneider at 846-0451,
jacqueline.bretschneider@ci.gilroy.ca.us)
TM Conditions shall be included on off-site improvement plans as "Fire Department Notes"
Prior to street completion the Fire Marshal shall be contacted and a fire clearance for off-site
improvements be scheduled. No building permits will be issued without a Fire -Off-Site
Improvement Permit.
I. TM Conditions:
EXHIBIT A
TM 09-02
4
7/19/10
22. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street
Hydrants shall be spaced every 300 feet, and within 150 feet 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 the Water Department taking possession of it. Fire Hydrants
shall be installed per City Standard Details.
23. All homes shall be provided with water laterals and meters sized to allow for a
residential NFPA 13d fire sprinkler system. Plot plans for tract homes shall specify that
the house is to be provided with fire sprinklers.
24. The roadway shall be shown as an EVA. Roadways shall provide a minimum 20 feet of
unobstructed travel. Vertical clearance of not less than 13.5 feet shall be provided.
Turning radius shall not be less than 32 feet inside and 39 feet outside. Road widths
shall be as follows:
a. 20 feet no parking on either side
b. 28 feet no parking on one side.
c. 36 feet parking not restricted.
25. Where parking is not provided, curb areas shall be posted with signs stating, "No
Parking-Fire Lane" and curbs shall be painted red.
26. The final map shall include a paragraph that reads: "Red curbing and signage shall be
maintained to City Standard."
27. Street signage shall be installed prior to anyon-site improvements (foundations or
buildings) has begun.
City Council-added Condition
28. The Tentative Map shall be reduced to 29 lots, with the reduction in lots occurring on
the east side of Las Cruces Drive, between lots 9 and 15. Plans depicting this change
shall be subject to the review and approval of the Community Development
Department.
EXHIBIT A
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2010-30 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 19th day of July, 2010, 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 23rd day of July, 2010.
),
Shawna Freels, CMC
City Clerk of the City of Gilroy
(Seal)