Resolution 1997-26
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RESOLUTION NO. 97-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 96-04, A TENTATIVE MAP
WITH RESIDENTIAL LOTS ON APPROXIMATELY 8.0
ACRES LOCATED WEST OF SANTA TERESA BOULEVARD,
APN 783-20-016
WHEREAS, Charles Cheng ("Applicant") submitted TM 96-
04, requesting Tentative Map approval in order to subdivide
approximate 5.61 acre parcel into 12 single family lots ranging
from 6,000 square feet to over 6,300 square feet and one 3.93 acre
remainder parceli and
WHEREAS, the property affected by TM 96 - 04 is located
west of Santa Teresa Boulevard, north of Longmeadow Drive,
northeast of the Saddler Way and Hogan Way intersectioni and
WHEREAS,
pursuant to the California Environmental
Quality Act ("CEQA") an Initial Study was prepared for this
proj ect which identified potentially significant effects on the
environment, however the Applicant has agreed to individual
mitigation measures which will avoid or mitigate the effects to a
point where no significant impacts will occuri and
WHEREAS, in accordance with CEQA a Negative Declaration
with 13 mitigation measures and a mitigation monitoring program
has been preparedi and
WHEREAS, the Planning Commission held a duly noticed
public hearing on April 3, 1997, at which it considered this
project
and voted to recommend adoption of
the Negati ve
Declaration (modifying Mitigation Measure #5 and the Mitigation
Monitoring Program to read "...prior to approval of the final
subdivision map...") as completed in compliance with CEQA and
reflecting the independent judgment of the City and recommended
approval of this project to the City Council with 15 conditions
set forth in the staff report for the project dated March 28, 1997
that is attached hereto as Exhibit A, and which is incorporated
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RESOLUTION NO. 97-26
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herein by this reference; and
WHEREAS, the City Council held a duly noticed public
hearing on April 21, 1997, at which public hearing the City
Council considered the public testimony and other documentation on
the project; and
WHEREAS, the location and custodian of the documents or
other material which constitute the record of proceedings upon
which this project approval is based is the office of the City
Clerk; and
WHEREAS, condition #14 as recommended by the Planning
Commission should be modified to assure compliance with the
Residential Development Ordinance (RDO).
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
1. The project is consistent with the Gilroy General
Plan because it conforms to the land use designation
for the property on the General Plan map, and it is
consistent with the intent of the text, goals and
policies of the General plan documents;
2. None of the reasons for denial of this subdivision
pursuant to Government Code section 66474 exist in
this case; and
3. There is no substantial evidence that the project as
mitigated may have a significant effect on the
environment.
B. The Negative Declaration (as modified by the Planning
Commission) is adopted as completed in compliance with
CEQA and reflecting the independent judgment of the City,
and the mitigation/monitoring program associated therewith
is adopted.
C. TM 96-04 should be and hereby is approved, subject to the
15 conditions set forth in the staff report dated March
28, 1997, with condition #14 to read in its entirety as
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RESOLUTION NO. 97-26
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follows:
This proj ect is subj ect to the Residential
Development Ordinance (RDO) and shall not receive
final map or building permits unless it receives a
buildout schedule pursuant to the RDO.
Alternatively, the project qualifies for an
exemption under Section 50.62(b) (1) of the RDO as
a subdivision of six or fewer single family
residential lots provided that the exemption
allows development of not more than twelve units
in three years. Therefore, final map approvals
shall be phased. Developer will not be granted
final map approval for more than six lots in any
one-year period. No building permit shall be
issued in connection with this project if the
owner or developer of such development is not
otherwise in compliance with the RDO, any
conditions of approval issued in connection with
such development, or other City requirements
applicable to such development.
PASSED AND ADOPTED this 5th day of May, 1997 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, MORALES, SPRINGER, VALDEZ,
ROWLISON
NOES:
COUNCILMEMBERS: ROGERS
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
~.kJ ~~~
Suellen Rowlison,
Mayor Pro Tern
ATTEST:
f /1/ i/J
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Rhonda pellin, Interim City Clerk
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RESOLUTION NO. 97-26
. "Exhibit A".
Community Development Dep~rt':Dent
Planning Division
Staff ~eport
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mE NUMBER:
APPLICANT:
LOCATION:
STAFF PLANNER:
<,
March 28, 1997
TM 96-04
Charles Cheng (0/0 He~en Wang)
West of Santa Teresa Boulevard, north of Longmeadow Drive, northeast of the
Saddler Way and Hogan Way intersection.
Bryan Stice
REQUESTED ACTION:
The applicant requests Tentative Map approval in order to create 12 single family lots ranging from
6,000:1: square feet to over 6,300 square feet and one remainder parcel.
DESCRlPTION OF PROPERTY:
Parcel No.:
Parcel Size:
Flood Zone:
783-20-016
5.61:i: net acres (8.0:1: gross acres)
liB" Panel # 060340 0001C Date: 10-06-81
LOMR 8-31-95
STATUS OF PROPERTY:
Existing Land Use
Undeveloped Ranch Land
General Plan Designation
Residential Low Density
Zoning
R1
STATUS OF SURROUNDING PROPERTY:
Existing Land Use
N: Rural Residential Dwelling Units
S: Single Family Residences
E: Undeveloped Ranch Land
W: Undeveloped Ranch Land
]L,B,I,
General Plan Designation
Residential Low Density
Residential Low Density
Residential Low Density
Park/Public Facility
Zoning
R1
R1-PUD
R1
PF
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TM 96-04
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3/28/97
CONFORMANCE OF REOUEST WITH GENERAL PLAN:
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The proposed project conforms to the land use designation for the property on the General Plan map,
and is consistent with the intent of the text of the General Plan Document. This project also conforms
with the policies of Gilroy's General Plan. The following examples demonstrate this co~mpliance:
Urban Development and Community Desi~ (Section II):
Policy 3:
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"Urban Developm~nt will only occur within the incorporated portion of
the Planning Area. Land will therefore be annexed to the City before
final development approval is given. "
Policy 4:
"The City will phase development in-an vrderly, contiguous manner in
order to maintain a compact development pattern to avoid premature
investment for the extension of public facilities and services. New urban
development will occur in areas where municipal services are available
and capacity exists prior to the approval of development in areas which
would require major new facility expansion.
The proposed project is in conformance with these policies, because this property is close to developed
residential property, and municipal services are currently available near this site.
ENVIRONMENTAL IMPACTS:
NEGATIVE DECLARATION
An Expanded Initial Study was prepared for the proposed project by the City's independent
environmental consultant (Denise Duffy & Associates) in November, 1996. The study was completed
in compliance with CEQA and reflects the independent judgement of the City. The study identified
potentially significant effects on the enviromnent, however, the applicant has agreed to individual
mitigation measures which will avoid or mitigate the effects to a point where no significant impacts will
occur.
The Initial Study was circulated for a 30-day period ending 3-07-97, with the City receiving no written
responses. There is no substantial evidence that the proposed project may have a significant effect on
the environment: -Therefore;'a' Negative -Declaration .with-+3' mitigation measures and Mitigation
Monitoring Program (both attached) have been prepared. '
RDO BACKGROUND:
The Residential Development Ordinance (RDO) contains an exemption within Section 50.62 (b) (1),
under which the applicant proposes to develop. -This exemption allows up to 6 units to be constructed
per year (not excee~g 12 units in 3 years) without competing in the ROO process.
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TM 96-04
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3/28/97
ANALYSIS OF REQUEST:
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The applicant requests Tentative Map approval in order to subdivide a 5.61:1:: acre parcel into 12 single
fiunily lots and one 3.93:!: acre remainder parcel. The applicant would ultimately like to develop the site
with a total of38 single family homes. The project site is located in the City's northwest quadrant, west
of Santa Teresa Boulevard, north ofLongmeadow Drive, and is adjacent to a future CitY park site (see
location map - first page of plans). Specifically, the project site is northeast of the Saddler Way and
Hogan Way intersection.
The applicant is utilizing a RDO exemption which enables the applicant to develop a maximum of 6 units
per year (not exceeding 12 units in 3 years) without competing in the RDO process. As submitted, the
proposed project will entail one of the two following buildout scenarios, both of which are allowed under
the RDO exemption: - -.
Scenario # 1 Scenario # 2
Xw: Lot #s Lot #s
1 1-4 . 1-6
2 5-8 7-12
3 9-12 0
The Rl (Single Family Residential) zoning district allows a maximum build-out density of 7.25 units per
net acre. Buildout of the 12 lots (1.68 net acres) will establish a density of7.13 units per net acre.
Ultimate buildout of the entire project site (5.61 net acres) will establish a density of6.77 units per net
acre. Therefore, development of the project site will not exceed the maximum allowable density with
either the initial 12 units or the ultimate 38 units.
This Tentative Map will create 12 residential lots, ranging from 6,00():!:: to over 6,300 square feet. The
applicant plans to further subdivide the remainder area with an additional 26 lots ranging from 6,000:!::
to over 9,100 square feet, after waiting three years (in compliance with the RDO exemption procedures)
and following future tentative map approval from the Planning Commission and City Council. The
applicant has delineated these future lots on the plans with faded lines.
Primary access to the project site will be provided through Saddler Way off of Longmeadow Drive, a
General Plan collector street. Secondary access will be provided through a 20-foot-wide emergency
temporary gravel road extending east from Sprig Way (off of Eagle View Way). Full street, sidewalk,
curb, and gutter improvements will be developed in accordance with City standards and provided by the
developerduringeaeh phase of -construction: . In-addition,-street; curb'and gutter improvements will also
be provided by the applicant along the east boundary of the adjacent future park site.
The subject Tentative Map is consistent with the intent of the City's General Plan text, Zoning Ordinance,
and Subdivision and Land Development Code. The actual design of individual homes and specific
grading improvements will be addressed through the City's Architectural & Site Review approval process.
TM 96-04
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3/28/97
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STAFF RECOMMENDATION:
Staff recommends that 1he Planning Commission forward a recommendation of 'Wproval of this request to 1he
City Council for 1he following reasons: '
A The proposed tentative map is consistent with 1he intent of1he goals and policies of the City's General Plan
document;
B. The proposed development is consistent wi1h 1he Zoning Ordinance and 1he City's Subdivision and Land
Development Code;
C. Public utilities and infrastructure improvements needed in order to serve 1he proposed project are located
immediately adjacent to the project site;' and
D. There will be no significant impacts as a result of this project due to the required mitigation measures to
be applied.
In addition. Staff recommends the following conditions be placed on 1he granting of this request:
1. rvnTIGATION MEASURES #1 TIIROUGH #13, contained within 1he Negative Declaration, dated
2-07-97 shall be applied to 1he approval of the project in order to reduce and/or mitigate all potential
significant impacts to a level of insignificance, as required under 1he California Environmental Quality
Act (CEQA).
2. An all-weather access road, not less than 20 feet in width, 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 Building, Life, & Environmental
Safety Division.
3. Hydrant locations and water main sizing shall be approved by the Building, Life, & Environmental
Safety Division, prior to building permit issuance.
4. Dead-end access roads, in excess of one hundred fifty (150) feet in length, shall enable fire engines
to turn around. Turning radii shall not be less than thirty-nine (39) feet, subject to the review and
approval of the Building, Life, & Environmental Safety Division.
5. The developer shall provide adequate dual access for each phase development to meet the approval
of the Building, Life, & Environmental Safety and Engineering Divisions.
6. The developer shall provide full street improvements -street, curb, gutter, sidewalk, and
electroliers- along Saddler Way, subject to 1he review and approval of 1he Community Development
Department
7. For1he necessary off-site dedications to the City of Gilroy required by the roadway and/or utility main
design, the developer shall pay all1he costs of any land purchase for 1he ultimate right-of-way and
easements. The developer shall, within 21 days after City Council approval of the Tentative Map,
deposit the estimated cost of all condemnation expenses with the City of Gilroy's Community
Development Department All costs of 1he condemnation procedure shall be paid for 1he developer.
.All easements and right-of-ways must be dedicated and/or deeded to 1he City of Gilroy before Final
Map approval.
8. .All utilities to, through, and on the site shall be installed underground in accordance with the Gilroy
Code Section 21.120, subject to the revie~ and approval by 1he Engineering Division.
9. Saddler Way shall be a full, typical sixty-foot standard street wi1hout the sidewalk installation along
the City of Gilroy's property. The complete section of Saddler Way fronting the City of Gilroy parcel
shall be completed up to each phase improvement limits. The amount of 1he City frontage
improvements will be a credit towards the Park Development Fee.
TM 96-04
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3/28/97
10. The developer shall pay all the costs of any land purchase for the ultimate right-of-way and easements
and secondary access. The developer shall. within 21 days after City Council approval of the tentative
map, deposit the estimated cost of all condemnation expenses with the City. of Gilroy's Engineering
Division. All easements and rights-of-way must be dedicated and/or deeded to the City of Gilroy
prior to final map approval.
11. All grading operations and soil compaction activities shall be per the approved soils report and shall
meet with the approval of the City Engineer.
12. Street improvements and the design of all stonn drainage, sewer and water lines, and all street
sections and widths shall be subject to the review and approval of Engineering Division. All utilitie~
to, through, and on the site shall be constructed underground, in accordance with Municipal Code
Section 21.120, subject to the review and approval of Engineering Division.
13. All street improvements are to be done per City of Gilroy standards and approved by the City
Engineer. _ _.
14. Unless this project is exempt from the application of City's Residential Development Ordinance
("ROO") (City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in
connection with this project if the owner or developer of such development (i) is not in compliance
with the ROO, any conditions of approval issued in connection with such development or other City
requirements applicable to such development; or (ii) is in default under any agreement entered into
with the City in connection with such development pursuant to the ROO.
15. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim, action, or proceeding against the City
or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void
or annul an approval of the City, City Council, Planning Conunission, or other board, advisory agency,
or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim,
action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed
pursuant to California Government Code Section 66474.9.
~d?
William Faus
Planner ill
Attachments
At their meeting of April 3, 1997, the Planning Commission voted 6-0-1
(Commissioner Lai absent) to recommend that the City Council take the
following two actions:
o Adopt the Negative Declaration as completed in compliance with
CEQA, and with 13 mitigation measures (modifying Mitigation Measure
#5 and the Mitigation Monitoring Program to read ".. .prior to
approval of the Lc.uL...L";'vc final. subdivision map ...").
@ Approve Tentative Map 96-04 with 15 conditions.
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Communi~ Development~epartment
Planning Division
Negative Declaration
City of Gilroy
7351 Rosanna St.
Gilroy, C~ 95020
(408) 848-0440
City File Number: TM 96-04,
Project Description
Name of Project:
Nature of Project:
Cheng Subdivision _ '_
The proposed project consists of a:ientative subdivision map application
for 12 single-family residential lots. The 12 lots are part of a larger
subdivision which would ultimately subdivide the entire 8-acre parcel into
38 lots. The proposed subdivision would ultimately result in the
construction of38 single-family residences, roads, sidewalks, utilities, and
other typical subdivision improvements on the site.
Project Location
Location:
West of Santa Teresa Boulevard, between Longmeadow Drive and Day
Road, bounded by Saddler Drive, and Rodeo Drive.
Assessor's Parcel #:
783-20-016.
Entity or Person(s) Undertaking Project
Name:
Address:
Charles Cheng, % Helen Wang
1871 The Alameda, San Jose, CA 95126
Initial Study
An Initial Study of this project was undertaken and prepared for the purpose of ascertaining whether this
project might have a significant effect on the environment. A copy of this study is on file at the City of
Gilroy Planning Division, 7351 Rosanna Street, Gilroy, CA 95020.
Findings & Reasons
The Initial Study identified potentially significant effects on the environment. However, this project has
been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no
significant effects will occur. There is no substantial evidence the project may have a significant effect on
the environment.
~ Negati~e Declaration.
TM 96-04
The following reasons will support these findings:
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2/07/97 (revised 4/16/97)
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1. The proposal is a logical component of the existing land use of this area.
2. Identified adverse impacts are proposed to be mitigated through preparation of special studies,
and construction of off-site improvements.
3. The proposed project is consistent with the adopted goals and policies of the Gilroy General Plan.
4. The Initial Study was independently reviewed by City staff: and this Negative Declaration reflects
the independent judgement of the City .of Gilroy.
Mitigation Measures
The following mitigation measures are derived from the Initial Study prepared for
the Cheng Subdivision. New language is indicated by bold typeface.
1. The developer shall incorporate all recommendations concerning site preparation and foundation
design criteria included in the geotechnical report prepared for the site by Ting and Associates
(F ebruary 1, 1996) in grading plans, construction drawings and in construction, subject to the
review and approval of the Building, Life, & Environmental Safety Division.
2. The applicant shall submit a final drainage plan which includes the proper design and placement of
storm drainage improvements serving the project site, subject to the review and approval of the
City Engineering Division, prior to the filing of the final subdivision map.
3. The developer shall submit evidence of a General Construction Activity Storm Water Permit
obtained from the R WQCB, subject to the review and approval of the City Engineering Division,
prior to issuance of building permits.
4. The developer shall pay the citywide traffic impact fee prior to issuance of a, building permit,
subject to the review and approval of the Building, Life, & Environmental Safety Division.
5. The applicant shall submit proof of obtaining the road easement on the parcel directly to the east
(APN 783-20-015), or directly to the west (APN 783-20-017), prior to approval of the LcuLC1L~ vc
final subdivision map, subject to the review and approval of the"City Engineering Division.
6. The developer shall note on the final grading plans that grading and construction operations shall
be limited to the hours between 7:00 am and 8 pm on non-holiday weekdays and on Saturdays
between the hours of8:00 am and 6:00 pm, subject to the review and approval of the City
Building, Life, & Environmental Safety Division.
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7. The developer shall pay citywide public safetY impact fee prior to issuance of a building pennit,
subject to the review and approval of the City Building, Life, & Environmental Safety Division.
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lliaft Negative Declar.
TM 96-04 '
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2/07/97 (revised 4/16/97)
8. The developer shall pay citywide public safety impact fee prior to issuance of a builQing permit,
subject to the review and approval of the City Building, Life, & Environmental Safety Division.
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9. The developer shall pay citywide water supply impact fee prior to issuance of a building permit,
subject to the review and approval of the Building, Life, & Environmental Safety Division.
10. The developer shall pay citywide wastewater impact fee prior to issuance of a buildi.ng permit,
subject to the review and approval of the Building, Life, & Environmental Safety Division.
11. The developer shall pay citywide school impact fee prior to issuance of a building permit, subject
to the review and approval of the Building, Life, & Environmental Safety Division.
12. The developer shall note on grading plans that "if archaeological resources or human remains are
discovered during construction, work shall be halted witl!in ~O meters (150 feet) of the find until it
can be evaluated by a qualified professional archaeologist. If the find is determined to be
significant, appropriate mitigation measures shall be fonnulated and implemented."
13. The Developer shall pay citywide parks and recreation impact fee prior to issuance of a building
permit, subject to the review and approval of the Building, Life, & Environmental Safety Division.
Date Prepared: February 7, 1997 (revised 4/16/97)
End of Review Period: March 7, 1997
Date Approved By City Council:
William Faus,
Planner III
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City of Gilroy
Initial Study
Cheng Subdivision
Gilroy File No. TM 96-04
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...,.....-.......................-........................'.'...........'...'.............:..-...............................'........................................,,-............-..................................'.........'...,........-....................".-........................
- -
Party
Responsible for Party Responsible Timing of
# Mitigation Mitigation for Monitoring Implementation
1 Incorporate all reconunendations Applicant &/or City Building, Life, & Prior to approval of
concemmg site preparation and foundation Developer of Environmental Safety final subdivision map &
design criteria included in the geotechnical lots. Division plan check.
report prepared for the site by Ting and
Associates (February 1, 1996) in grading ..
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plans, construction drawings and in ..
construction.
2 Submit a final drainage plan which Applicant City Engineering Prior to approval of
includes the proper design and placement Division final subdivision map.
of storm drainage improvements servmg
the project site.
3 Submit evidence ofa General Construction Developer oflots City Engineering Prior to lSsuance of
Activity Storm Water Permit obtained Division building permits.
from the RWQCB.
4 Pay citywide traffic impact fee. Developer oflots City Building, Life, & Prior to Issuance of
Environmental Safety building permits.
Division
5 Submit proof of obtaining road easement Applicant City Engineering Prior to approval of
on parcel directly to the east (APN 783- Division tentative subdivision
20-015), or directly to the west (APN map.
783-20-017), prior to approval of the
twJ.tati VI; (mal subdivision map.
6 Note on final grading plans that grading Developer oflots City Building, Life, & Plan Check.
and construction operatio~ shall be Environmental Safety
limited to the hours between 7:00 AM and Division
8 PM on non-holiday weekdays and on
Saturdays between the hours of 8:00 AM
and 6:00 PM
7 Pay citywide public safety impact fee. Developer oflots City Building, Life, & Prior to ISSUance of
(Fire) Environmental Safety building permits.
Division
8 Pay citywide public safety impact fee. Developer oflots City Building. Life, & Prior to ISsuance of
(police) Environmental Safety building permits.
Division
44
Denise Duffy & Associates
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City of Gilroy
Initial Study
Cheng Subdivision
Gilroy File No. TM 96-04
9 Pay citywide water supply impact fee. Developer oflots City Building, Life, & Prior to issuance of
Environmental Safety building permits.
Division
...
10 Pay citywide wastewater impact fee. Developer oflots City Building, Life, & Prior to issuance of
Environmental Safety building permits.
Division
11 Pay citywide school impact fee. Developer oflots City Building, Life, & Prior to issuance of
Environmental Safety building permits.
Division
12 Note on grading plans that "if Developer of lots City Building, Life, & Plan Check.
archaeological resources or human remains Environmental Safety
are discovered during construction, work Division
shall be halted within 50 meters (150 feet)
of the find until it can be evaluated by a
qualified professional archaeologist. If the
find is determined to be significant,
appropriate mitigation measures shaIl be
formulated and implemented."
13 The Developer shall pay citywide parks Developer of lots City Building, Life, & Prior to issuance of
and recreation impact fee prior to issuance Environmental Safety building permits.
of the first building permit, subject to the Division
review and approval by the Building. Life
& Environmental Safety Division.
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Denise Duffy & Associates
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I, RHONDA PELLIN, Interim City Clerk of the City of Gilroy, do hereby certifY that the
attached Resolution No. 97-26 is an original resolution, duly adopted by the Council of the City
of Gilroy at a regular meeting of said Council held on the 5th day of May, 1997, 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 19th day of May, 1997.
if~~'
Interim City Clerk of the City of Gilroy
(Seal)