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Resolution 2011-02 RESOLUTION NO. 2011-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 04-15, A TENTATIVE MAP OF THE COMMERCIAL AND INDUSTRIAL RANCHO SAN YSIDRO SUDVISION ON APPROXIMATELY 59.7 ACRES LOCATED ON HIGHWAY 152 AND CAMINO ARROYO, APN 841-18-082 WHEREAS, Machado Development Company submitted application TM 04-15 requesting a tentative map to subdivide an approximately 59.7 acre site into 16 commercial and industrial lots ("the Project") on APN 841-18-082, located on the northeast corner of Highway 152 and Camino Arroyo; and WHEREAS, the Planning Commission held a duly noticed public hearing on October 7, 2010, at which time the Planning Commission considered the public testimony, the staff report dated October 7, 2010 ("Staff Report"), and all other documentation related to application TM 04-15, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on November 1, 2010, and considered the public testimony, the Staff Report, a Staff Report dated November 1, 2010 and continued the matter to December 6, 2010, at which time the Council also considered a supplemental staff report dated December 6, 2010, and all other documentation related to application TM 04-15 and requested City Staff to prepare resolutions of approval for the Project; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council has certified the Rancho San Y sidro-Machado Subdivision EIR, and adopted Resolution No. 2011-01, making all the required findings prior to approving the Project and adopting the IDUNG01831850.1 10251 0-{)4706089 - 1- Resolution No. 2011-02 mitigation measures and a Mitigation Monitoring Program; as well as a Statement of Overriding Considerations concerning 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. 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 City's General Plan and the land use designation for the property on the General Plan map (General Services Commercial and General Industrial). 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. An Environmental Impact Report has been prepared and certified pursuant to CEQA and a Statement of Overriding Considerations has been adopted for the project,. 5. There are no facts to support the findings requiring denial of the proposed tentative map under California Government Code section 66474. SECTION II Tentative Map TM 04-15 should be and hereby is approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "Tentative Map Conditions for TM \DUNGO\831850.1 102510-D4706089 - 2- Resolution No. 2011-02 04-15", and subject to the Mitigation Measures in the Final EIR and the Mitigation Monitoring Program, as summarized in Resolution No. 2011-01. PASSED AND ADOPTED this 10th day of January, 2011, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE- MUNOZ, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~. lbert Pinheiro, Mayor ATTEST: \DUNGO\831850.1 102510-D4706089 - 3- Resolution No. 2011-02 TM 04-15 Rancho San Ysidro/Machado Final Conditions of Approval Plannina Division (contact Melissa Durkin at 846-0451, Melissa.Durkin@cityofgilroy.org) 1. This project shall be subject to the mitigation measures contained within the Rancho San Ysidro-Machado Subdivision EIR. Compliance with the mitigation Measures shall be subject to the review and approval by the Planning Division. 2. Approval of TM 04-15 is subject to certification of the Rancho San Ysidro-Machado Subdivision EIR. 3. The developer shall submit a copy of the Conditions, Covenants and Restrictions to the Planning Division for approval prior to approval of the Final Map. Amongst other provisions, the CC&Rs shall require conformance to the "Rancho San Ysidro Design Guidelines. " 4. The developer shall submit landscaping plans for the detention basin to Planning staff for review and approval prior to Final Map approval. 5. Landscaping in the basin must be shown on the improvement plans and installed at the time the basins are constructed. 6. Landscaping and irrigation for the project shall comply with the State Model Water Efficient Landscape Ordinance. Review and approval of the plans and installation for the landscaping and irrigation shall follow the procedures specified by that Ordinance. Landscaping and irrigation plans shall also comply with the requirements of the Consolidated Landscaping Policy." 7. Prior to Final Map approval, the developer shall enter into an agreement with the City to provide public art within this subdivision. The agreement shall specify that the public art is subject to the review and approval of the Arts and Culture Commission. The agreement shall be recorded on the deeds of all properties within this subdivision. 8. The following note shall be included on the Final Subdivision Map: "Future projects developed within this subdivision shall conform to the "Rancho San Ysidro Design Guidelines," dated June 2010 and stamped "Approved" by the Planning Division." 9. Prior to Final Map approval, the developer shall prepare a deed restriction requiring that all commercial parcels within this subdivision share one pylon sign, and stating that all commercial parcels within this subdivision shall have the right to utilize this sign, regardless of the parcel the sign is constructed on. This deed restriction shall be recorded against all commercial parcels within this development. This condition shall appear as a note on the Final Subdivision Map. City Attorney (contact Linda Callon at 286-5800, linda.callon@berliner.com) 10. 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. Exhibit A TM 04-15, Rancho San Ysidro/Machado Final Conditions of Approval 2 1/10/11 Enaineerina Division (contact Daniel Hughes or Don Dey at 846-0451, Daniel. hughes@cityofgilroy.org; Don.Dey@cityofgilroy.org;) 11. 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. 12. Grading, erosion control, and drainage plans are required and shall be subject to the review and approval of the Engineering Division prior to Final Map and/or Improvement Plan approval. 13. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all site preparation and fill construction meets the requirements of the geotechnical investigation. This shall be subject to review and approval by the Engineering Division. 14. Infrastructure shall be in place prior to the issuance of building permit (add to general notes on Title sheet of plans). 15. New and existing utility lines, appurtenances, and associated equipment, including but not limited to electrical transmission, street lighting, and cable television shall be required to be placed underground, refer to Section 21, Article V of the Municipal Code (for possible exemptions). 16.As part of the first submittal for Final Map, the developer shall submit vector based electronic files readable by AutoCAD and in PDF format. Additionally, after the Final Map and Improvement Plans have been found to be technically correct and in substantial conformance with the Tentative Map, the developer shall again submit vector based electronic files readable by AutoCAD and in PDF format 17.A SWPPP and an Erosion Control Plan is required for all development over 1 acre. 18. 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 (WOlD) number shall be submitted to the City. 19. Certification of improvements on site plans is required prior to building final (add to general notes on Title sheet of plans). 20. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans). 21. 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. 22.AII 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. 23. 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. 24. 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. 25.lf 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. Exhibit A TM 04-15, Rancho San Ysidro/Machado Final Conditions of Approval 3 1/10/11 26. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 27. 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. 28.A Final Map with all required dedications shall be filed with a copy transmitted to the City. 29. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final map submittal. 30. The developer shall submit fees and bonds and enter into a property improvement agreement prior to Final Map recordation. 31.ln 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. 32. 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. 33.A current Title Report shall be submitted for review to the City prior to Final map approval. 34. 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. 35.Alllots shall drain to the street for storm drainage unless otherwise approved by the City Engineer. 36. Improvement plans are required for all on-site and off-site improvements. 37. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 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. 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 Exhibit A TM 04-15, Rancho San Ysidro/Machado Final Conditions of Approval 4 1/10/11 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. 40.lf 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." 41. 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. 42.lf creating 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. 43. 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. 44. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 45. 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. 46. 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. 47. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 48. The developer/contractor shall make accessible any or all City utilities as directed by the City Engineer. 49. Waste Discharge Requirement Permit required prior to final map recording. 50. Pretreatment of storm run-off prior to entering City storm drain system is required. Pretreatment methods are to be provided and shown on the improvement plans and shall be reviewed and approved by the Engineering Division. 51. Water and sewer allocation agreements are required at building permit for commercial/industrial portion of development. 52. Provide preliminary design of future bridge to ensure there is adequate and necessary right of way for full bridge improvements. 53.Applicant shall provide for proper left turn lane stacking design onto Renz Lane by moving Renz Lane to the north and or adding additional left turn lanes on Cameron Blvd. 54. Queuing analysis of the Cameron Blvd. corridor under General Plan build-out conditions shall be required by applicant for review and approval by the Engineering Division. City will retain the traffic consultant with payment by applicant. 55. Size orifice to not release more than pre-development run-off. Basins must balance with overflow release. Exhibit A TM 04-15, Rancho San Ysidro/Machado Final Conditions of Approval 5 1/10/11 56. Swale and detention basins shall be designed in a natural configuration per the Design Guidelines and shall be reviewed and approved by the Community Development Department. 57. Incorporate LID's for the on-site improvements, or if in public right-of-way, applicant shall form a maintenance district for the proper implementation and mainteanance of storm drain and/or LID facilities. Also, verification that the drainage run-off will meet the RWQCB's requirements are required. 58. The Cameron Blvd. corridor concept layout from SR 152 through the Renz Ln. intersection to the bridge needs to be finalized to include travel lanes and left turn lane pocket requirements indentified in the Traffic Circulation Master Plan and Traffic Impact Study. 59. Applicant shall submit letter from RWQCB indicating their approval for the filling in of Miller Slough. 60. The applicant shall provide all necessary permit approvals from other jurisdictions such as (but not limited to) Santa Clara Valley Water District, Regional Water Quality Control Board, the California State Department of Fish and Game, the United States Army Corps of Engineers and the USDA Natural Resources Conservation Service (NRCS). The applicant will need to provide copies of these permits prior to Final Map and/or Improvement Plan approval 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 shall be scheduled. No building permits will be issued without a Fire -Off-Site Improvement Permit. 61. Street Hydrants shall be spaced every 300 ft. Hydrants shall flow a minimum of 1500 gpm with a 20 psi residual. Hydrant locations shall be approved by the Fire Marshal prior to final map on improvement plans. 62. Each lot shall have its own private fire main tap in the roadway. Show on improvement plans. It is beneficial to have the fire tap within 50 ft proximity of a street fire hydrant. 63. Hydrants, DDCA, FDC and PIV to be at locations approved by the Fire Marshal and meet City Standards. Sprinkler Risers shall be inside. Fire Department Connection shall be within 40 ft of a hydrant and hydrant to be on the same side of the fire access road as the FDC. A double detector check shall isolate the Fire Protection system from the public main. 64. Roadways and driveways shall provide a minimum 20 feet of unobstructed travel. Turns shall provide an inside turning radius of 32 feet and outside radius of 39 feet. No parking zones signage and curb painting shall be maintained in good condition. 65. Public Dead end streets in excess of 150 feet shall provide a full 78-foot diameter cul-de- sac. Private Dead end streets or access in excess of 150 ft shall be provided with a turn around that meets the Fire Department Standard template. 66. No buildings shall be located underneath or within 10 feet laterally of overhead power lines. Exhibit A TM 04-15, Rancho San Ysidro/Machado Final Conditions of Approval 6 1/10/11 67.A secondary access roadway shall be provided when total building area exceeds 124,000 square feet. 68. When building heights are greater than 30 feet, wider access roadways may be required. Council-Added Condition 69. Prior to approval of a Final Map, the applicant shall enter into a Reimbursement Agreement with the City that includes (but is not limited to) project implementation timeframes. These timeframes will permit the applicant to begin construction of the Interim Luchessa Connection no later than 6-months after the first Building Permit is issued. Completion and City final inspection and/or acceptance of the Interim Luchessa Extension Connection shall occur at the earlier of the two following timeframes: a) no later than 18-months after the first Building Permit is issued; or b) no later than 12- months after the first Certificate of Occupancy has been issued. Exhibit A I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2011-02 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 10th day of January, 2011, 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 11 th day of January, 2011. (Seal)