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Resolution 1985-90 . . RESOLUTION NO. 85-90 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR 33 RESIDENTIAL LOTS ON 5.1 ACRES, MORE OR LESS, ON THE EAST SIDE OF KERN AVENUE, NORTH OF RAMONA WAY. WHEREAS, application TM 85-6 has been made by LLOYD MARTIN, to the Planning Commission for approval of a tentative map for 33 residential lots on 5.1 acres, more or less, on the east side of Kern Avenue, north of Ramona Way, and WH$REAS, after a public hearing the Planning Commission has passed Resolution No. 85-31 in which it recommends approval of the tentative map subject to twenty-two conditions, and WHEREAS, the Council has approved a Negative Declaration under the California Environmental Quality Act and has held a public hearing on the application and has considered the Planning Commission recommendation and the evidence presented; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Gilroy that: 1. The Negative Declaration is approved including mitigation measures applied to reduce significant adverse affects on the environment. 2. The tentative map for 33 lots is approved subject to the following twenty-two conditions: 1. Street alignments connecting to adjoining developments shall be coordinated with those projects and approved by the City Engineer. 2. Street improvements shall be provided by the developer subject to the approval of the City Engineer. Right-of-way and improvements on Kern Avenue (Unit 1 and Unit 2 frontage) are required with development of Unit 1. Improvements to the "future roadway" are deferred. RESOLUTION NO. 85-90 -1- . . 3. The design of all storm drainage and sewer lines and of all street sections and widths shall be subject to the approval of the City Engineer. 4. Grading operations and soil compaction activities shall meet the approval of the City Engineer. 5. Fire accessJ hydrant locations and water main sizing shall be approved by the City Fire Department and the City Engineer prior to the issuance of any building permits. 6. An all-weather access for fire engines shall be provided before commencing any combustible construction. Fire hydrants shall also be installed and maintained before combustible construction begins, to meet the approval of the City Fire Department. 7. The developer shall negotiate rights-of-way with PG&E and other utilities. 8. All utilities on the site and serving the site are to be installed underground. 9. Any existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 10. All building pads shall be raised at least one foot above the 100-year flood elevation. ll. Driveway approaches on Kern Avenue shall be a minimum of 30 feet wide. 12. All surface drainage shall be contained on-site or channeled to the storm drain systems. 13. A public utility easement (P.U.E.) shall be dedicated as indicated on the plan. 14. Storm drains shall be extended north to the property line. 15. Existing specimen trees and shrubs native to the area shall be preserved wherever possible. 16. As soon as possible before issuance of any bui.lding permits for the project, during periods of legally authorized school impaction, the developer shall negotiate with the school district and the City to mitigate school impaction in lieu of, or in addition to the required impact fees. RESOLUTION NO. 85-90 -2- . . 17. The developer/applicant must obtain a sewer allotment agreement prior to issuance of any building permits. 18. The developer shall provide an ownership association for maintenance of driveways, parking areas, landscaped street frontages, and common areas. 19. Each condominium shall provide the following documents to individual unit purchasers and to the Ci ty: a. A copy of the conditions, covenants and restrictions for the condominium development. A list of all services and facilities to be furnished to individual owners and a statement of all fees and other conditions applicable to the use of such services and facilities. b. c. A statement of the estimated annual operating and maintenance costs for all common facilities and services for the next three years as prepared or reviewed by a professional manage- ment firm familiar with operating and maintenance costs of similar property in the area. d. A statement clarifying for the residents their rights and obligations in regards to all common open spaces and facilities. No contract for management, operation, or maintenance of common areas may extend more than thirty (30) days beyond the time at which majority control of the homeowners association passes to individual unit owners, unless approved by the homeowners association after majority control has passed to individual owners. e. A statement clarifying for the residents their rights and obligations in regards to possible future owners of any possible future units to be built and explaining their rights during construction of any future units. 20. The applicant/developer must provide in the project's conditions, covenants and restrictions, a IT:.ethod to prorate and collect on-going maintenance and repair costs of the first 33 units to the future tenants of the proposed 16 additional units, subject to the approval of the Planning Director. RESOLUTION NO. 85-90 -3- '- . . 21. Street improvements on Kern Avenue south of Ramona Way shall be subject to the approval of the City Engineer. 22. This development shall connect to and participate in the cost of the northwest quadrant sewer main. PASSED AND ADOPTED this 16th day of December 1985, by the following vote: AYES: COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: ALBERT NOES: ABSENT: RESOLUTION NO. 85-90 -4- '.. . . I, SUSANNE Eo STEINMETZ; City Clerk of the City of Gilroy, do 85-90 hereby certify that the attached Resolution No. is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of Decembe,r 19 85, at which meeting a quorum was present 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 7th day of January 19 86 . f'