Resolution 1985-81
'.
.
RESOLUTION NO. 85-81
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
APPROVING A TENTATIVE MAP FOR A RESIDENTIAL
CONDOMINIUM TOWN HOUSE SUBDIVISION OF 18 LOTS
ON 2.6 ACRES, MORE OR LESS, ON THE EAST SIDE OF
WREN AVENUE AT MARIA WAY.
WHEREAS, application TM 85-2 has been made by
JIM PRICE to the Planning Commission for approval of a
tentative map for a residential condominium town house
subdivision of 18 lots on 2.6 acres, more or less, on the
east side of Wren Avenue at Maria Way, and
WHEREAS, after a public hearing the Planning Commission
has passed Resolution No. 85-26 in which it recommends
approval of the tentative map subject to twenty-seven 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 18 lots is approved subject
to the following twenty-seven conditions:
1. The first phase of this Tentative Map must be granted
an exemption from the City's policy requiring each
condominium project consist of at least twenty-four (24)
separate dwelling units.
2. The applicant/developer must provide in the project's
conditions, covenants and restrictions, a method to
prorate and collect on-going maintenance and repair
costs of the first 18 units to the future tenants of
the proposed 10 additional units, subject to the approval
of the Planning Director.
RESOLUTION NO. 85-81
-1-
10.
11.
12.
.
.
3.
All patio areas shall be landscaped for use as open
recreational areas.
4.
No development, including filling, is permitted in
the floodway, which on this map is the area shown as
"Future".
5 .
All retaining walls must be constructed of permanent
materials such as concrete or masonry. Wood is not
permitted.
The channel bend near Wren Avenue shall be protected with
erosion control approved by Santa Clara Valley Water
District and the City Engineer.
The channel bend near Wren Avenue shall be relocated to
a position east of the extended right-of-way line to
meet the approval of the City Engineer.
To eliminate the traffic hazard of the channel at the
end of the paved portion of Wren Avenue, the 42" S.D.
must be extended and filled approximately 20'.
6.
7 .
8.
9.
Separated sidewalk is required. The crown on the street
shall be at the centerline, and the Class II aggregate
base required is 12" rather than the 8" shown.
The developer/applicant must obtain a sewer allotment for
this project, and sign a sewer allotment agreement prior to
issuance of any building permits.
13.
I
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.
As soon as possible before issuance of any building 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.
Street improvements and the design of all storm drainage,
sewer lines, and all street sections and widths shall be
subject to the approval of the City Engineer.
14.
Fire access, hydrant locations, and water main slzlng
shall be approved by the City Fire Department and the
City Engineer prior to issuance of any building permits.
RESOLUTION NO. 85-81
-2-
~
.
.
15. The developers shall negotiate rights-of-way with
Pacific Gas & Electric and other utilities.
16. Public utility easements shall be provided for storm
drain, sewer lines, and water lines.
17. Street names shall be subject to approval by the City
,Public Works Department.
18. Existing specimen trees and shrubs native to the area
shall be preserved wherever possible.
19. All utilities to, through, and on the site shall be
installed underground.
20. All grading operations and soil compaction activities
shall meet the approval of the City Engineer.
21. All existing water wells shall be sealed to meet the
approval of the City Engineer and the Santa Clara Valley
Water District.
22. All building pads shall be raised at least one foot
above the 100-year flood elevation.
23. Driveway approaches on Wren Avenue shall be a minimum
of 30 feet wide.
24. Right-of-way and improvements on Wren Avenue are required
with development of Phase 1.
25. The developer shall provide an ownership association
for maintenance of driveways, parking areas, landscaped
street frontages, and common areas.
26. Each condominium shall provide the following documents
to individual unit purchasers and to the City:
a. A copy 'of the conditions, covenants and restrictions
for the condominium development.
b. 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.
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 management firm
familiar with operating and maintenance costs of
similar property in the area.
RESOLUTION NO. 85-81
-~
.
.
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.
27. In addition to road improvements, delineation, signs,
and pavement markings are required at the transition
in width near the north-west property corner.
PASSED AND ADOPTED this 18th day of November 1985
by the following vote:
AYES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER,
MUS SALLEM. P ALMERLEE , VALDEZ
and HUGHAN
NOES:
ABSENT:
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
APPROVED:
~)/~
ATTEST:
~~k. ~-
/ City C er
RESOLUTION NO. 85-81
-4-
.
.
, ,
I, SUSANNE E. STEINMETZ; City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No.
85-81
is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 18th
L. day of
November
, 19 ~, 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
19 85.
-
22ndday of November