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HomeMy WebLinkAboutResolution 2010-60 RESOLUTION NO. 2010-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 10-03, A TENTATIVE MAP TO CREATE 51 SINGLE-FAMILY LOTS ON APPROXIMATELY 4.74 ACRES LOCATED ON MONTEREY ROAD, APN 790-07- 029 WHEREAS, The James Group submitted application TM 10-03 requesting a tentative map to subdivide an approximately 4.74 acre site into 51 single-family lots ("the Project") on APN 790-07-029, located on the west side of Monterey Road approximately 250 feet north of Farrell Avenue; and WHEREAS, the City Council approved a Shovel-ready RDO exemption, HE 10-03, for a project at this site on August 2, 2010; 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 10-03, 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, the supplemental staff report dated November 1,2010, and all other documentation related to application TM 10-03; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City finds that the entire project consisting of Architectural and Site Approval and the Tentative Map qualifies for a categorical exemption pursuant to CEQA Guideline 15322 as an Infill Development Project; and IDUNGO\831850.1 102510-04706089 - 1- Resolution No. 2010-60 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 (Neighborhood DistrictlMedium Density Residential). 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 requmng denial of the proposed tentative map under California Government Code section 66474. SECTION II Tentative Map TM 10-03 should be and hereby is approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "Final Conditions of Approval for TM 10-03." IDUNG0\831850.1 102510-04706089 - 2- Resolution No. 2010-60 PASSED AND ADOPTED this 15th day of November, 2010 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRACCO APPROVED: ~~ Albert Pinheiro, Mayor ATTEST: \DUNG0\831850.1 102510-04706089 - 3- Resolution No. 2010-60 EXHIBIT A Final Conditions of Approval for 1M 10-03. Planning Division 1. The Project will be required to construct a Median in Monterey Road across the width of the project frontage, to be designed and approved by the City Engineer prior to approval of the Final Map. 2. The Tentative Map shall be revised to show the widths for lots 1 - 21. 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 ROO, 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 ROO. 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 approving a Shovel-ready exemption pursuant to Section 60.62(b)(11 ): liThe Applicant must obtain all Approvals and complete construction of the project's dwelling units within thirty-six months from the date of the Shovel- ready Project Exemption approval; otherwise, the 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 the Director of Community Development and the City Attorney prior to or upon issuance of Final Map." Enaineering Division The comments in the attached memo, dated September 30, 2010, if not already completed, shall be incorporated in the project plan set prior to submittal of a Building Permit. CITY OF GILROY Community Development Department Engineering DIvision Memorandum TO: Planning DIvision rg] Stan Ketchum Planner II FROM: Engineering DIvision rg] Daniel Hughes, City Development Engineer [8J Don Dey, City Transportation Engineer [8J Sandra A. Meditch, Engineer I DATE: RE: September 30, 2010 Engineerlna Plan Check Comments and Conditions Oliveri Property TM 10-03, CommunityPlus Project No., 10070021 Plans are deemed COMPLETE. Engineering staff has performed a review of the plans for the above-noted application. Below are Engineering Conditions of Approval. TENTATIVE MAP - ENGINEERING CONDITIONS OF APPROV AL 1. Site plan shall be prepared by a California-registered Civil Engineer and shall include license number and stamped (seal) when civil work is required. 2. 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 this community by reference. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections 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. Street section/design is to be per City Standards (note that private streets are standards STR-3A through STR-4B). 3. 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. 4. Driveways at Monterey Road and Church Street shall have radial design in lieu of standard curb cuts. Page 1 of 4 C:\Documents And Settings\Sketchum\Local Settings\Temporary Internet Files\Content.Outlook\M74VOOYK\OIiverl Property - COA - Plan ~... - .1 (':)\ n.x:x 5. Post development run-off must be the same as pre-development run-off. Analysis identifying post/pre-development run-off rates shall be provided. 6. All storm drain run-off must be pre-treated prior to entrance into public storm drain system. Pre-treatment measures must be reviewed and approved by the Engineering Division prior to Final Map and/or Improvement Plan approval. 7. Add following note to improvement (civil) plan title sheet above City Engineer's signature block: GENERAL APPROVAL NOTE Approval of these plans does not release the developer from correction of mistakes, errors, or omissions contained therein. If, during the course of construction, the public interest requires a modification or a departure from the City specification or the approved plans, the City shall have the authority to require such modifications or departure and specify the manner in which the same is to be made. a. Damaged curb, gutter, sidewalk, and driveway approaches to remain along project frontage/limits shall be replaced to meet current City and/or Streetscape Standards, as applicable, and conform to adjacent properties. 9. Any work in the public right-of-way shall require a signing and striping plan and a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. Signage and striping plans shall be overlaid on an existing, current aerial. Where proposed improvements are an extension of an existing street and/or uconform" to existing, adjacent improvements, signing and striping plans shall encompass the minimum areas indicated in the City's current policy. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Dev;ces. 10.Any work in the public right-of-way shall require a traffic control plan prepared by a licensed, professional engineer with experience in traffic control preparation. Plans shall be prepared in accordance with the requirements of the latest edition of the California Manual on Unifonn Traffic Control Devices. 11 . Lot size and easements are to correspond with the tract map and shall be shown on the plans. 12. 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. 13. Certification of improvements necessary to serve each phase of development is required prior to Building final (add to general notes on Title sheet of plans). 14. 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 15.A SWPPP and an Erosion Control Plan is required for all development over 1 acre. WDID# shall be provided prior to Improvement Plan / Final Map approval. 16. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans). 17. Certification of grades and compaction necessary to serve each phase of development is required prior to building permit final. This statement must be added as a general note to the Grading and Drainage Plan. 18.AII retaining walls shall be masonry and shall be a modular system and/or cast in place concrete with a decorative surfacing. All site retaining walls are subject to the review and Page 2 of'4 C:\Documents And SettIngs\Sketchum\Loca1 SeltIngs\Temporary Internet FiIes\Content.0uIIook\M74VOOYK\Ollverl Property. COA . PI.." f"........... - 41 (2).Docx approval of the Planning, Building, and Engineering Divisions. Wood walls shall not be permitted. 19. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 20. 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. 21.A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 22. 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. 23. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final map submittal. The developer shall also submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 24.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. 25. Improvement plans are required for all on-site and off-site improvements. 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. 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. c. 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. d. 'Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. e. The City will collect the plan check and inspection fee for the utility underground work. 26.A current Title Report shall be submitted for review to the City prior to Final map approval. 27. 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. 28. All lots shall drain to the street for storm drainage unless otherwise approved by the City Engineer. Page 3of4 C;\DocumentB And Settlngs\Sketctlln\Loca1 Settlngs\Temporary Internet Fies\ContentOl4look\M74VOOYK\OIiveri Property. COA - Plan.q,~ - #1 (2).Docx 29. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 30. Homeowners Association documentation, Conditions, Covenants and Restrictions and/or property owner's Maintenance Agreements shall be approved by the Planning Division prior to the map being released for recordation. 31. Water, Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 32.11 any portion 01 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 until a CLOMR (conditional letter of map revision) is completed. No permits will be finalized 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. If 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." 33. 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. 34. 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. 35. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 36. 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. 37. 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. 38. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 39. The developer/contractor shall make accessible any or all City utilities as directed by the City Engineer. Page 40f 4 C.\DoclInen1S And SetUngs\Sketctnm\Loca1 Settings\Temporary Intemet FIles\Content.0utI00k\M74VOOYK\08veri property - COA . . - Plan Check - '1 (2).Oocx I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2010-60 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 15th day of November, 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 16th day of November, 2010. Shawna Freels, C City Clerk of the City of Gilroy (Seal)