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Resolution No. 2022-87 | Tentative Map TM 21-04; Royal Way Townhomes Project | Adopted 11/21/2022RESOLUTION NO. 2022-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A VESTING TENTATIVE MAP TO APPROVE A 45-UNIT TOWNHOME PLANNED DEVELOPMENT ON 3.37 ACRES AT ROYAL WAY, APN 799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110, GILROY, CA 95020 (FILE NUMBER TM 21-04) WHEREAS, on October 4, 2021, Michael Cady, Third Millennium Partners and, property owner Paul Sanders, TMP Royal Way, LLC filed applications requesting architectural and site review, tentative map, and planned unit development rezoning to permit a 45-unit townhome project on the subject 3.37 acre vacant in-fill site located on Royal Way and the Uvas Creek Trail; and WHEREAS, on July 29, 2022, the application submittal was accepted as complete; and WHEREAS, pursuant to Gilroy City Code Chapter 21 Subdivisions, the Planning Commission must recommend and City Council must approve a vesting tentative map application; and WHEREAS, the Planning Commission of the City of Gilroy has reviewed PUD zoning amendment Z 21-05 and the related architectural and site review permit AS 21-17 by separate resolutions, which are required to allow for the townhome development to proceed as proposed; and WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a duly noticed public hearing on the project, independently considered the environmental determination and the zoning and land use entitlements in accordance with the Gilroy Zoning Ordinance, considered the staff report, and all evidence received including written and oral public testimony and recommended approval of the project to the City Council with conditions; and WHEREAS, the City Council held a duly noticed public meeting on November 21, 2022, at which time the City Council received and considered the staff report as well as well as all evidence, including written and oral public testimony related to the Tentative Parcel Map TM 21- 04; and WHEREAS, the City Council of the City of Gilroy has determined that the project qualifies for an infill exemption under the California Environmental Quality Act, pursuant to section 15332 of the CEQA Guidelines, and no further environmental analysis is required; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based, are located at the City Clerk’s Office. NOW, THEREFORE, BE IT RESOLVED THAT in order to recommend denial of the proposed Tentative Parcel Map, the City Council would have to make one of the seven listed findings described in Government Code Section 66474 based upon substantial evidence in the record. The seven findings are listed below, along with an explanation for each one as to why the Council cannot make the finding: Resolution No. 2022-87 Tentative Map TM 21-04; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022 Page 2 of 7 1. That the proposed subdivision is not consistent with applicable general and specific plans as specified in Gov. Code Section 65451. This finding for denial cannot be made. The proposed map is consistent with the general plan medium-density land use designation and general plan policies that require attached housing in the medium-density residential land use designation and promote home ownership options. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. This finding for denial cannot be made. The design or improvement of the proposed subdivision is generally consistent with the goals of the Gilroy 2040 General Plan and no Specific Plan applies to this property or proposed development. The design of the proposed subdivision is also consistent with the Gilroy Mixed-use Residential and Multi-family Residential Objective Design Standards Policy. 3. That the site is not physically suitable for the type of development. This finding for denial cannot be made. The site is physically suitable for the type of development as it consists of a flatland area that is not in a flood-prone location, does not have any unique physical or environmental constraints, and is designated for medium-density land use at and the project is within the 8 to 20 unit per acre density. 4. That the site is not physically suitable for the proposed density of development. This finding for denial cannot be made. The site is physically suitable for the proposed density because the proposed development has been designed in conformance with the Gilroy 2040 General Plan density allowance and the City’s Zoning Ordinance, Subdivision Ordinance, and Land Development Code. 5. That the design of the proposed subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. This finding for denial cannot be made. The design of the subdivision or the proposed improvements are unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as the site has no creeks, streams, wetlands or any other physical or environmental constraints and qualifies for an infill exemption pursuant to section 15332 of the California environmental quality act. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems. This finding for denial cannot be made. The design of the subdivision or type of improvements is not likely to cause serious public health problems given that the utilities for the development are immediately adjacent along the Royal Way frontage and will be extended into the site under valid grading and encroachment permits. Resolution No. 2022-87 Tentative Map TM 21-04; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022 Page 3 of 7 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by the judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. This finding for denial cannot be made. The design of the subdivision or the type of improvements as proposed and conditioned will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Gilroy hereby finds that the project meets the findings for approval, and approves application TM 21-04, subject to the conditions included as Attachment A. PASSED AND ADOPTED this 21st day of November 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, LEROE- MUÑOZ, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: HILTON APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk Marie Blankley (Nov 22, 2022 11:21 PST) Marie Blankley Resolution No. 2022-87 Tentative Map TM 21-04; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022 Page 4 of 7 ATTACHMENT A STANDARD CONDITIONS OF APPROVAL TM 21-04 PLANNING DIVISION The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or other deadlines as specified in the condition. 1. RELATED ENTITLEMENTS: Approval and development of TM 21-04 for a 45 unit townhome development shall be subject to conformance with the related PUD rezoning Z 21-05 and PUD development plan AS 21-17. 2. TENTATIVE MAP: An approved tentative map or vesting tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Map Act, if the final map is not approved prior to expiration. 3. HOMEOWNERS’ ASSOCIATION: Developer shall establish a Homeowners’ Association (HOA) for the development. The HOA shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the Covenants, Conditions, and Restrictions (CC&Rs) for the development. The City shall review all CC&Rs prior to recordation. 4. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. PUBLIC WORKS DEPARTMENT The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or if another deadline is specified in a condition, at that time. 5. PARCEL MAP: It shall be the applicant's responsibility to have a parcel map, prepared by a person authorized to practice land surveying in California, delineating all parcels created or deleted and all changes in lot lines in conformance with the Gilroy Municipal Code. The parcel map shall be approved by the Department of Public Works and recorded with the County Recorder’s Office prior to the issuance of any City permits. A parcel map guarantee shall be submitted to the City, by the applicant’s title company, prior to release of the parcel map to the title company for recordation. Prior to the City’s release of the parcel map to the title company, the applicant may, at the discretion of the City Engineer, be required to submit to the City an electronic copy of the map in the AutoCAD Version being used by the City at the time of recordation. It is the applicant's responsibility to check with Resolution No. 2022-87 Tentative Map TM 21-04; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022 Page 5 of 7 their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after City approval. (PUBLIC WORKS) 6. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a public improvement agreement with the City per Gov. Code Section 66462(a) and shall arrange to provide Payment and Performance bonds each for 100% of the cost of public infrastructure improvements to be constructed in the public right-of-way. These improvements shall include, but not be limited to, roadway construction, sidewalk, curb and gutter, water lines, storm lines, sewer lines, street lights, and signal equipment. City Standard insurance shall be provided per the terms of the agreement. The agreement will be forwarded to the City Council for approval with project (parcel or final) map. The PIA shall be approved by the City Council prior to the issuance of the project building permit. (PUBLIC WORKS) 7. MONUMENTS: The applicant shall arrange for the engineer to have all monuments set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer. (PUBLIC WORKS) 8. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall prepare project Covenants, Conditions and Restrictions (CC&R) for the project. The CC&Rs shall be submitted with the project map for review and approval of the City Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall include relevant project Conditions of Approval and shall include language that restricts the Homeowner’s Association from making changes to the CC&Rs without first obtaining approval from the City. The CC&Rs shall be reviewed and approved prior to the Cit y Council approval of the project map. (PUBLIC WORKS) 9. RECORD DRAWINGS: The applicant shall submit one full set of original record drawings and construction specifications for all off-site improvements to the Department of Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The applicant shall also provide the City with an electronic copy of the record drawings in the AutoCAD Version being used by the City at the time of completion of the work. The applicant shall also submit an AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS) 10. PAVEMENT RESTORATION: Due to the proposed development making pavement cuts into the existing roadway, additional construction traffic, existing pavement condition, and additional future traffic all reducing the City Pavement Condition Index, the developer shall grind and pave Royal Way, from curb to curb, along the project frontage (full roadway width) with a minimum 3” hot mix AC with pavement section dig-out repairs where needed. The extent of the pavement section dig-out repairs to be determined by the developer’s geotechnical engineer and to be confirmed by the City Engineer. Identify this item on the first building submittal. (PUBLIC WORKS) Resolution No. 2022-87 Tentative Map TM 21-04; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022 Page 6 of 7 11. STREET RESURFACING PRIOR TO ACCEPTANCE: Streets in the public right of way shall be striped in paint as a final condition prior to the beginning of the one-year warranty period. Prior to final acceptance, the applicant shall apply a Type II slurry/microsufacing to all streets, and apply final street markings, per the approved plans, in thermoplastic to Caltrans Standards. All Type II slurry/microsurfacing and final striping shall be to the approval of the City Engineer. (PUBLIC WORKS) 12. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT: The applicant shall execute a Stormwater Management Facilities Maintenance Agreement with the City Engineer as specified in Chapter 7.39.210-230 of the Stormwater Management and Discharge Control ordinance. The agreement shall outline the operation and maintenance (O&M) plan for the permanent storm water treatment facilities. The City- Standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. The agreement shall include the following: a. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. b. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City. c. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. d. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. This agreement shall be executed prior to the first occupancy of the building. (PUBLIC WORKS) 13. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater Management Facilities Maintenance Agreement work shall require inspections be performed which shall adhere to the following: a. To comply with the State Stormwater requirements and the NPDES permit, the applicant shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The applicant’s QSD or QSP shall provide the City weekly inspection reports to the approval of the City Engineer. b. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; Resolution No. 2022-87 Tentative Map TM 21-04; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022 Page 7 of 7 4. List of stormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site re-inspection. c. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. d. Before commencing any grading or construction activities, the applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. e. The applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order. f. Sequence of construction for all stormwater facilities (bioswales, detention/ retention basins, drain rock, etc.) shall be done toward final phases of project to prevent silting of facilities and reduce the intended use of the facilities. g. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. All tests shall be made at on 20 ft x 20ft grid pattern over the surface of the completed stormwater facility unless otherwise approved by the City Engineer. All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing with appropriate safety factors) at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. (PUBLIC WORKS) CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2022-87 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 held on Council held Monday, November 21, 2022, 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 Monday, November 21, 2022. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal)