Resolution 1985-90
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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
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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
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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
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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
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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
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