Resolution 1992-26
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RESOLUTION NO. 92- 26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY CONDITIONALLY APPROVING THE APPLICA-
TION OF LYNROB ENTERPRISES, INC. FOR A TENTA-
TIVE SUBDIVISION MAP TM 91-02 FOR A TEN-LOT
RESIDENTIAL SUBDIVISION ON APN 720-26-046,
CONSISTING OF APPROXIMATELY 31,450 SQUARE FEET
AT 8550 WREN AVENUE
WHEREAS, the applicant, Lynrob Enterprises, Inc., has
made application TM 91-02 for a Tentative Subdivision Map approval
for a residential subdivision of ten lots on parcel APN 720-26-046,
consisting of approximately 31,450 square feet at 8550 Wren Avenue,
being the second phase of a larger condominium development; and
WHEREAS, the city Council approved a Negative Declaration
for the project as a whole in accordance with the California
Environmental Quality Act (CEQA) on November 7, 1985; and
WHEREAS, the matter came regularly before the Planning
Commission at a duly noticed public hearing on March 5, 1992, and
after hearing and considering the evidence before it, the Planning
commission unanimously adopted Resolution 92-14, recommending that
TM 91-02 be approved with conditions; and
WHEREAS, the matter came regularly before the City
council at a duly noticed public hearing on March 16, 1992, and the
city council has heard and considered the evidence before it;
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The city Council hereby finds as follows:
1. The proposed project is consistent with the
General Plan because it conforms to the land use designation for
the property on the General Plan map and is consistent with the
intent of the goals and policies of the General Plan documents; and
2. None of the reasons for denial of the subdivi-
sion pursuant to Government Code Section 66474 exist in this case;
and
RESOLUTION NO. 92 - 26
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3. The Negative Declaration for this project
reflects the independent judgment of the City; and
4. The City has properly taken all actions
required by CEQA; and
B. Tentative Subdivision Map application TM 91-02
should be and hereby is approved subject to all conditions attached
hereto and incorporated herein by this reference.
PASSED AND ADOPTED this 20,th day of April, 1992 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
A1J:;'a} j, ~~
Mayor
RESOLUTION NO. 92 - 26
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EXHIBIT "A"
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Conditions on Tentative Map 91-2:
1. All proposed off-site street improvements on Wren Avenue shall be
constructed in accordance with current City Standard Details, subject to
the review and approval by the Department of Public Works.
2. Engineering details such as pipe sizes and locations, storm drainage
design and requirements, street light and sidewalk requirements are
subject to the review and approval by the Department of Public Works.
3. Utility lines to and adjacent to the site shall be located underground.
4. Sewer allotment shall be assigned to this project, and the applicant shall
sign a sewer allotment agreement prior to issuance of any building
permits.
5. The design for sewer line improvements within the project area shall be
provided by the developer, subject to the review and approval by the
Department of Public Works.
6. All hydrant locations and water main sizing shall be approved by the
Gilroy Fire Department prior to the issuance of any building permits.
7. Public utility easements shall be provided for storm drain, sewer lines,
and water lines, subject to the review and approval by the Department of
Public Works.
8. All grading operations and soil compaction activities shall be subject to
the review and approval by the Department of Public Works.
9. All proposed retaining walls shall be constructed of masonry materials,
subject to the review and approval by the City Building and Public Works
Departments.
10. Prior to building permit issuance, the applicant shall secure approval
from the Santa Clara Valley Water District (SCVWD) for all right-of-way
dedications and outfall structures involving the adjacent drainage
channel, and shall dedicate or make an irrevocable offer to dedicate, at
the option of the City, all necessary right-of-way to the appropriate
agencies. All outfall structures shall be subject to SCVWD and City of
Gilroy Public Works Department approvals.
11. The subject parcel is currently located within a Federal Emergency
Management Agency (FEMA) floodway. Prior to obtaining final map approval,
the applicant shall secure a Letter Of Map Amendment (LOMA) from FEMA.
12. The developer shall provide required impact fees to the Gilroy Unified
School District.
13. All backyard drainage systems, fences and walls within the Storm Drainage
Easements shown on this tentative map and within the Storm Drainage
Easements of Phase I of Tract 7855 shall be maintained in good repair,
appearance, and free from graffiti by the applicant or its successors in
interest, except that this obligation shall be transferred to the owners'
association.
14. The applicant or its successors in interest shall annex these Phase II
units into the Phase I owners' association to provide for the maintenance
of driveways, parking areas, landscaped street frontages, common areas and
any other obligations created by these conditions or by other law. If
such annexation is not legally possible, then applicant shall establish an
owners' association for this Phase II to assume those obligations.
School District.
15. The applicant and its successors in interest shall agree to join any
assessment district created by the City under State law for the purpose of
maintaining any or all of the above described improvements, and shall
transfer this obligation to the owners' association.
16. The applicant or its successors in interest shall provide to the City a
copy of the CC&Rs prior to final map approval.
RESOLUTION NO. 92 - 26
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 92-26
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
20th
day of
April
19 92 ,
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 21st day of
April
19 92.
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the City of Gilroy
(Seal )