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Resolution 2011-05 RESOLUTION NO. 2011-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 10-02, A TENTATIVE MAP FOR A NINE-LOT CONDOMINIUM SUBDIVISION ON APPROXIMA TEL Y 0.16 ACRES LOCATED AT 66 THIRD STREET, APN 799-04-022 WHEREAS, Barbara and Martin Seiler submitted application TM 10-02 requesting a tentative map to subdivide an approximately 0.16 acre site into a nine unit condominium project, consisting of two commercial units and seven residential condominium units ("the Project") located at 66 Third Street on APN 799-04-022; and WHEREAS, the residential units are exempted from the Residential Development Ordinance under Section 50.62(b )(2) since the Project replaces five existing units and adds less than four units to the site; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 4,2010, at which time the Planning Commission considered the public testimony, the staff report dated November 4, 2010 ("Staff Report"), and all other documentation related to application TM 10-02, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on December 6, 2010, and considered the public testimony, the Staff Report, the supplemental staff report dated December 6,2010, and all other documentation related to application TM 10-02; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City finds that the Project qualifies for a categorical exemption pursuant to CEQA Guideline 15332, "Infill Development Projects"; meeting the standards set by that Guideline; and IDUNGO\836658.1 122210-04706089 - 1- Resolution No. 2011-05 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 (Downtown Expansion District). 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. The Project is categorically exempt from environmental review under CEQA as Infill Development pursuant to CEQA Guideline 15332. 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 10-02 should be and hereby is approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 1 0-02 Barbara and Martin Seiler Final Conditions of Approval." PASSED AND ADOPTED this 10th day of January, 2011, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, LEROE-MUNOZ, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: BRACCO IDUNG0\836658.1 122210-D4706089 - 2- Resolution No. 2011-05 ABSENT: COUNCILMEMBERS: ATTEST: IDUNG0\836658.1 122210-D4706089 NONE APPROVED: - 3- Resolution No. 2011-05 TM 1 0-02 Barbara and Martin Seiler Final Conditions of Approval Plannina Division (contact Melissa Durkin at 846-0451, Melissa.Durkin@cityofgilroy.org) 1. Approval of TM 10-02 is subject to approval of V 10-03 and A1S 10-08. Failure to receive those approvals shall render this map null and void. 2. 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. 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. 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 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. Enaineerina Division (contact Daniel Hughes or Don Dey at 846-0451, Daniel. hughes@cityofgilroy.org; Don. Dey@cityofgilroy.org;) 4. Grading, erosion control, and drainage plans are required and shall be subject to the review and approval of the Engineering Division prior to building permit issuance. 5. 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. 6. The foundation design, based on soils tests, shall be reviewed and approved by the Community Development Department. 7. Infrastructure shall be in place prior to the issuance of building permit. Exhibit A TM 10-02, Barbara and Martin Seiler Final Conditions of Approval 2 1/10/11 8. 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 9. As part of the first submittal for Final Map, the developer shall submit vector based electronic files readable by AutoCAD. 10. Certification of improvements on site plans is required prior to Building final (add to general notes on Title sheet of plans). 11. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans). 12. 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. 13. 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. 14.AII temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 15. 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 the City by reference. 16. 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. 17 .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. 18. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 19. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final map submittal. 20. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 21 . The developer shall acquire all offsite easements prior to final map approval. 22. 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. 23.A current Title Report shall be submitted for review to the City prior to Final map approval. Exhibit A TM 10-02, Barbara and Martin Seiler Final Conditions of Approval 3 1/10/11 24. 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. 25. Improvement plans are required for all on-site and off-site improvements. 26. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 27. 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. 28. 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. 29. 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. 30.AII work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 31. 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. 32. 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. 33. The developer/contractor shall make accessible any or all City utilities as directed by the City Engineer. 34. The final map will not be approved until demolition is completed. 35. Water and sewer allocation agreement is required at building permit for commercial/industrial portion of development. 36. Traffic control plans shall be prepared in accordance with latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTeD) 37. Plans shall be prepared by a California-licensed Professional Engineer with experience in preparing traffic control plans 38. Traffic control plan shall be designed to address specific site/project conditions. Examples, samples, or "typical" drawings are not allowed. 39.A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the public right-of-way. 40. Improvement plans must be approved by the City before traffic control plan can be approved. 41. Applicant shall include traffic control plan when submitting for building permit. 42. Owner shall enter into deferred improvement agreement for overheading of existing utilities along project frontage. 43.Show separate dedicated irrigation meter with backflow preventer or branch off domestic water with backfJow preventer provided. Exhibit A TM 10-02, Barbara and Martin Seiler Final Conditions of Approval 4 1/10/11 Fire Marshal (contact Jackie Bretschneider at 846-0451, jacqueline. bretschneider@cityofgilroy.org) 44. Fire Marshal 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. 45.A Street Hydrant shall be installed within 50 ft of the proposed DDCA. 46. The complex shall be provided with fire sprinkler protection pursuant to NFPA 13. 47. The DDCA for projects in the Downtown District are subject being adequately screened from view or installed inside of a building with adequate exterior door access. Exhibit A I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2011-05 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 11th day of January, 2011. hawna Freels, City Clerk of the City of Gilroy (Seal)