Resolution 1979- 45
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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:
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RESOLUTION NO. 79-45
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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.
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RESOLUTION NO. 79-45
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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.
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RESOLUTION NO. 79-45
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(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'
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?i Mayor Pro
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Tem
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RESOLUTION NO. 79~45
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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~.