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
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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
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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:
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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)