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Resolution 1979- 45 .. .. . . RESOLUTION NO. 79-45 RESOLUTION OF THE CITY OF GILROY APPROVING AN R1 PLANNED UNIT DEVELOPMENT PERMIT, SUBJECT TO COMPLIANCE WITH THE PLANS. SPECIFICATIONS AND DESIGNS FILED WITH THE APPLICATION AND TO BE FILED AND APPROVED. AND THE CONDITIONS IMPOSED HEREIN. FOR DEVELOPMENT OF THAT 24.03 ACRE PARCEL LOCATED ON THE WEST SIDE OF MONTEREY HIGHWAY SOUTH OF FARRELL AVENUE AND 160 FEET NORTH OF LlMAN AVENUE WHEREAS. BARNETT-RANGE CORPORATION has heretofore filed with the Planning Commission of the City of Gilroy application Z 78-22 requesting approval of a Planned Unit Development permit for development of 24.03 acres of property located on the west side of Monterey Highway south of Farrell Avenue and 160 feet north of Liman Avenue, and WHEREAS, the Planning Commission of the City of Gilroy has given due notice of a public hearing upon the said application. in accordance with the Zoning Ordinance of the City of Gilroy. has held the hearing, has approved an Environmental Impact Report under the California Environmental Quality Act, has determined that the Planned Unit Deve1op- ment will not have a significant adverse effect on the environment and has made its report to the Council of the City of Gilroy. in which it recommends approval of an R1 Planned Unit Development permit, subject to certain conditions, and WllliREAS, the Council of the City of Gilroy has fixed the 21st day of May, 1979. at the hour of 8:00 o'clock p.m. in the Council Chambers in the City Hall at 7390 Rosanna Street, Gilroy. California, as the time and place for hearing the said report and recommendation upon the said application. and notice of the said hearing has been given in accordance ';vith the said Zoning Ordinance. and a public hearing has now been held upon the said application, at the time and place fixed in the said notice. before the Council, and the Council having duly con- sidered the said application and the evidence presented. the Council does hereby determine: -1- RESOLUTION NO. 79-45 .( . . 1. That the Council approves the Environmental Impact Report under the California Environmental Quality Act. and finds that the Planned Unit Development will not have a significant adverse effect on the environment. 2. That the Council approves and adopts the findings of the Planning Commission set forth in its Resolution No. 79-20. 3. That Planned Unit Development permit be granted subject to the conditions set forth below. NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY that a Planned Unit Development permit be granted for the premises described below, subject to the following conditions: GENERAL (1) That the Planned Unit Development permit be issued for R1 development. subject to the condition that all improvements are to be constructed in accordance with plans, specifications. designs, and landscaping filed with and approved by the Planning Commission and the Councilor no building permit be issued. (2) The requirement for construction to start within six months shall be extended as necessary to conform to the Council build-out schedule. ENGINEERING (1) The extension of Church Street (Carlyle) shall be fully improved from its intersection with Liman Avenue to the northern boundary of the project site. A reimbursement agreement will be negotiated with the City for those portions of the street not on the project site. (2) Applicant shall acquire and dedicate the Church Street right-of-way (to include curb and gutter area but not parkway or sidewalk areas) where it is shown on the Ramsay and Conrotto properties. (3) vfuere the project site abuts Monterey Road, the developer shall install curb, gutter (no sidewalk), street lighting at the intersection, soundwa11 fence and landscaping with irrigation system to screen the Monterey Road side of the fence. (4) No building permits shall be issued for lots 81, 82 and 83 until the future right-of-way for Church Street is determined. (5) An all-weather road surface shall be provided prior to the start of construction of the houses. .;..2- RESOLUTION NO. 79-45 .. . . PLANNING (1) The developer shall provide a bond or cash deposit for construction of a chain link fence along all streets which abut the proposed drainage channel. The bond or deposit shall be refunded to the developer if not used within 5 years. (2) Any existing wells shall be sealed and any underground storage tanks shall be removed. (3) Finished slab elevations shall be raised at least one foot above the 1% flood elevation. (4) Soils and liquefaction tests shall be conducted on the site prior to filing of the final subdivision maps to determine the specific suitability of the ground for this type of development. (5) If any archeological artifacts are discovered during con- struction. all construction within 35' of the find shall cease until the extent and significance of the find can be determined by an archeologist paid for by the developer. (6) An acoustic study shall be prepared to propose noise miti- gation measures. (7) Any rainy season grading within the existing west branch of the L1agas Creek shall be protected with jute netting, straw mulch or seedings. (8) If at the time the developer submits for building permits. the Gilroy Unified School District has declared impaction, then the developer shall pay those impaction fees. (9) The City Council shall assign a build-out schedule for the proj ect. (10) All landscaping to be installed by the developer (including street trees) shall be reviewed and approved by the Architecture and Site Committee. (11) The exterior elevations of each model home and fencing shall be reviewed and approved by the A/S Committee. (12) Double gates for recreational vehicle access to rear yards shall be installed in ten (10) foot side yards. FIRE (1) Fire hydrants and water main s~z~ng shall be approved by the City Fire Department prior to issuance of any building permits. WATER & SEWER (1) The developer shall arrange with the City and the Santa Clara Valley Water District agreements for dedication and reserving of the storm drainage right-of-way for the 566 drainage channel and interim drainage channel. -3- RESOLUTION NO. 79-45 . , 4 . . (2) All storm drainage into the channel shall meet both City and Santa Clara Valley Water District requirements. BE IT FURTHER RESOLVED that upon completion of all phases of construction, the entire premises be rezoned R1 as developed. The said premises hereinbefore mentioned are described as follows: Located in the City of Gilroy, County of Santa Clara, State of California, to wit: That 24.03 acre parcel on the west side of Monterey Highway south of Farrell Avenue and 160 feet north of Liman Avenue, being Santa Clara County Assessorts Parcel No. 790-14-24. PASSED AND ADOPTED on the 4th day of June, 1979, by the following vote: AYES: COUNCILMEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and 'PATE COUNCILMEMBERS: NONE COUNCILMEMBERS: GOODRICH NOES: ABSENT: APPROVED:{ ", 7 4' , / /- , >>~[.~ ?i Mayor Pro f . Tem -4- RESOLUTION NO. 79~45 .. , . . .. 1 . ... . . I, SUSANNE E. STEIN~mTZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 79-45 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of June , 1922.., at which meeting a quorum was present. IN WITNESS vJHE RE OF , I have hereunto set my hand and affixed the Official Seal of the City of Gilroy, this 2nd day of July , 19~.