Resolution 1986-43
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RESOLUTION NO. 86-43
RESOLUTION OF THE COUNCIL OF THE CITY OF
GILROY APPROVING A TENTATIVE MAP FOR A
COMMERCIAL CONDOMINIUM CONVERSION TO 6
AIRSPACE UNITS FOR PROPERTY ON THE EAST SIDE
OF CHURCH STREET BETWEEN WELBURN AVENUE AND
HOWSON STREET.
WHEREAS, application TM 86-2 has been made by
GFB INVESTMENTS to the Planning Conunission for approval
of a tentative map for a commercial condominium conversion
to 6 airspace units for property on the east side of
Church Street between Welburn Avenue and Howson Street, and
WHEREAS, after a public hearing the Planning
Commission has passed Resolution No. 86-25 in which it recommends
approval of the tentative map subject to sixteen conditions,
and
WHEREAS, a categorical exemption (Class 1 - Section 15301)
applies to this request under the California Environmental
Quality Act, and the Council has held a public hearing on the
application and has considered the Planning Commission recom-
mendation and the evidence presented;
NOW, THEREFORE, BE IT RESOLVED by the Council of
the City of Gilroy that:
The tentative map for 6 airspace ~nits is approved
subject to the following sixteen conditions:
1. Street improvements shall be subject to
the approval of the City Engineer.
2. Sewer line and manhole improvements shall
be subject to the approval of the City
Engineer.
3. Hydrant locations and water laterals shall be
subject to the approval of the City Engineer.
4. The developer shall provide an ownership
association for the maintenance of all common
areas, landscaped features, and any parkway
improvemen ts.
RESOLUTION NO. S~-43
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5. Separate utility meters for gasl electric,
and water shall be provided to serve
individual units. Utility service lines
serving more than one unit shall be located
in the common areas.
6. Mechanical equipment, such as air conditioning
units, shall be shock mounted to minimize noise
and vibration.
7. The developer shall meet all applicable require-
ments of the California Subdivision Map Act,
Sections 66410 to 66499~58 of the State of
California Government Code, pertaining to
commercial condominium conversion projects.
8. The project building shall have a minimum two-hour
fire wall separation between all individual units,
subject to the approvals of the Chief Building
Inspector and the Fire Chief.
9. All common areas, parking areas, landscaping,
and building facades shall be refurbished to a
condition acceptable to the approval of the
Director of Planning.
10. A report on the physical condition of the
structure and all mechanical equipment shall be
provided to potential new owners.
11. A statement granting to the owners association
and to all purchasers of individual units a one-
year warranty on all structures in the project
and on all electrical, heating, air-conditioning,
plumbing, ventilation equipment, and roofing shall
be provided.
12. All existing tenants occupyinga unit(s) to be
converted shall be notified of the intent to covert
ownership and receive the eviction notice at
least six months prior to the date of eviction.
13. After tentative subdivision map approval by the
Planning Commission, no unit shall be leased to
any person unless a written notice shall have been
delivered to the prospective lessee informing
prospective tenant of the contemplated conversion.
14. Provided a tenant is not in default under their
rental arrangement, each tenant in a building to
be converted shall be given the right, for a period
of ninety (90) days after City approval of the
RESOLUTION NO. 86-43
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final subdivision map for the conversion,
to purchase his unit on terms equal to
or more favorable than the terms on which
such unit is to be offered to the general
public.
15. The developer shall provide to the City and
each individual unit purchaser the following
documents:
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 state-
ment 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 manage-
ment firm familiar with operating and maintenance
costs of similar property in the area.
d. A statement clarifying for the owners 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 owners association
passes to individual unit owners, unless approved
by the owners association after majority control
has passed to individual owners.
16. The CC & R's for the project shall contain specific
language which requires each unit to comply with
the minimum parking requirements contained within
the City's Zoning Ordinance.
PASSED AND ADOPTED this 21st day of July 1986, by
the following vote:
AYES:
COUNCIU1EMBERS :
GAGE, KLOECKER, MUSSALLEM
PALMERLEE, VALDEZ and HUGHAN
NONE
A
NOES:
ABSENT:
COUNCILMEHBERS:
COUNCILMEMBERS:
A~k~b.~
/ . - C~ty er
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RESOLUTION NO. 86-43
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It SUSANNE E. STEINMETZ; City Clerk of the City of Gilroy, do
hereby, certify that the attached Resolution No.
86-43
is an
original resolution, duly adopted by 'the Council of the City of
Gilroy at a regular meeting of said Council held on the 21st
day of
July
, 19 ~, at which meeting a quorum was'
present.
IN WITNESS 'WHEREOF I I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 18th day of August
19 86 .
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of the City
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