Resolution 1979- 93
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RESOLUTION NO. 79-93
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
APPROVING ON APPEAL A TENTATIVE MAP FOR 27 LOTS
ON PARK DRIVE BETWEEN CHURCH STREET AND WREN
AVENUE .
WHEREAS, application TM 79-2 has been made by LAZZCO
INCORPORATED by EDWARD LAZZARINI to the Planning Commission for
approval of a tentative map for a 27 lot subdivision on Park
Drive between Church Street and Wren Avenue, and
WHEREAS, after a public hearing the Planning Commission
has recommended certification of an Environmental Impact Report
as complete under the California Environmental Quality Act and has
passed Resolution No. 79-50 in which it recommends disapproval of
the tentative map due to flooding conditions, and
WHEREAS, an appeal was properly filed, and
WHEREAS, the Council has held a public hearing on the
appeal and the application and has considered the Planning Commission
Resolution, the staff report and the other evidence presented;
NOW THEREFORE, BE IT RESOLVED by the Council of the City
of Gilroy that:
1. The Environmental Impact Report is certified as
adequate.
2. If proper mitigation measures are taken, the develop-
ment will not have a significant adverse effect on the environment.
3. The Planning Commission should not have disapproved
the tentative map for possible flooding problems, but should have
approved the map on the condition that flooding and other problems
be solved prior to development.
RESOLUTION NO. 79-93
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4. The tentative map is approved with the following
conditions to mitigate possible adverse impacts:
(a) The project shall consist of 27 lots, numbers
1 through 18 and 59 through 67 of the original map sub-
mitted.
(b) The lots shall be assigned a build-out schedule
by the City Council.
(c) The remaining lots shall not receive map approval
nor a build-out assignment until the 566 Ronan drainage
channel is completed, providing drainage for this area.
(d) An all weather road surface shall be provided to
the lots prior to construction.
(e) Fire access, hydrant locations and water main
sizing shall be approved by the City Fire Department prior
to issuance of any building permits.
(f) Temporary drainage channels shall be provided
through the project prior to construction of the first
phase. Complete drainage calculations shall be submitted
to the City Engineer and the Santa Clara Valley Water
District (SCVWD). The first phase of the project shall
not be allowed to proceed until the flooding problems are
resolved to the satisfaction of both the City Engineer
and SCVWD.
(g) All building pads shall be raised at least one
foot above the 1% flood elevation.
(h) All soil fill material shall be compacted to meet
approval of the City Engineer.
RESOLUTION NO. 79-93
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(i) Any rainy season grading done within either
drainage channel floodway shall be protected with jute
netting, straw mulch or seedings.
(j) If any archeological artifacts are discovered
during construction, all construction within 35 feet of
the find shall cease until the extent of the significance
of the find can be determined by an archeologist approved
by the Planning Director and paid for by the developer.
(k) If at the time the developer submits for building
permits, the Gilroy Unified School District and the City of
Gilroy have declared that school impaction exist~, then the
developer shall pay those impaction fees.
(1) The Architectural design of the model homes shall
be reviewed and approved by the Architectural and Site
Approval Committee.
PASSED AND ADOPTED this 19th day of November by the follow-
ing vote:
AYES:
COUNCILHEMBERS: CUNNINGHAM, HUGHAN, LINK,
TAYLOR and GOODRICH
COUNCILMEMBERS: PATE
COUNCILMEMBERS : ALBERT
NOES:
ABSENT:
APPROVED:
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P~SOLUTION NO. 79-93
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'(, Sl'SA::--J!: E S'~'t IN~'ETZ, City Clerk of the City of Gilroy.
"rebv certify thaf:l\~ attached ReBolution '{o.
79-93
i. 80'
~':"Ia'. resolution, du~.y ad.opted by the COWlc1.1 of the City of
19th
I:\t it
rcr,ular meeting of said Council held on che
"R I
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,J.\V ot
November
19~. at which meeting a quorum was
present.
UJ WITNESS t-lllEREOF, I have hereWlto aet my hand and affixed
the Official ~ea1 of the City of Gilroy, this 8th
January, 1980.
day of