Resolution 1999-81
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RESOLUTION NO. 99-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 99-09, A TENTATIVE MAP TO
CREATE SIX RESIDENTIAL LOTS ON APPROXIMATELY
1.11 ACRES LOCATED AT THE SOUTHEAST CORNER OF
WREN A VENUE AND F ARRELL AVENUE, APN 790-12-021.
WHEREAS, Greg Mussallem ("Applicant") submitted TM 99-09, requesting a Tentative
Map to subdivide a 1. II-acre lot into six (6) residential lots; and
WHEREAS, the property affected by TM 99-09 is located at the southeast comer of Wren
Avenue and Farrell Avenue, as described in Exhibit A attached hereto; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 7,
1999, following which it considered the record before it on this project and voted to recommend
adoption of the Negative Declaration and approval ofTM 99-09 to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on October 18, 1999, at
which time the City Council considered the public testimony, the Staff Report dated September
22, 1999, and all other documentation related to application TM 99-09; and
WHEREAS, following the public hearing, the City Council, pursuant to the California
Environmental Quality Act ("CEQA"), adopted the mitigated Negative Declaration for this
project, along with a MitigationIMonitoring program, finding that the environmental impacts
study was completed in compliance with CEQA, the Negative Declaration reflects the
independent judgment ofthe City, and there is no substantial evidence that the project will have a
significant effect on the environment; and
\#460724 vi - gilroyfTM 99-
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RESOLUTION NO. 99-81
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WHEREAS, the City Council, in its deliberations, determined that certain conditions not
identified in the Staff Report were required to approve this project; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT
A. The City Council finds as follows:
1. The project is consistent with the site's land use designation on the
General Plan map, and with the intent of the General Plan text.
2. The project is consistent with the Zoning Ordinance, the City's
Subdivision and Land Development Code, and the State Subdivision
Map Act.
3. There are no facts to support findings requmng denial of the
proposed tentative map pursuant to California Govermnent Code
section 66474.
4. There is no substantial evidence in the record that this project will
have a significant effect on the environment.
B. Tentative Map TM 99-09 should be and hereby IS approved, subject to the
seventeen (17) conditions identified in the List of Conditions for Approval of TM 99-09, which
list is attached hereto as Exhibit B, and Mitigation Measures 1 through 5 of the Negative
Declaration attached hereto as Exhibit C, and the Mitigation/Monitoring Program, attached
hereto as Exhibit D, all above-described exhibits incorporated herein by this reference.
\#460724 vI - gilroy[TM 99-
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RESOLUTION NO. 99-81
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PASSED AND ADOPTED this 1 ST day of November, 1999 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, GIFFORD,
MORALES, ROWLISON,
SPRINGER, SUDOL, GILROY
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
NONE
NONE
A~~~~~
K.A. Mike Gilroy, Mayor l
ATTEST:
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Rhonda Pellin, City erk
\#460724 vi - gilroy/TM 99-
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RESOLUTION NO. 99-81
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Water
Channel
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Site Map
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TM 99-09
EXKIBlT A
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Exhibit B
Conditions of Approval- TM 99-09
1. MITIGATION MEASURES #1 THROUGH #5, contained within the Negative
Declaration, dated 7-21-99 shall be applied to the approval of the project in order to
reduce and/or mitigate all potential significant impacts to a level of insignificance, as
required under the California Environmental Quality Act (CEQA).
2. The developer shall obtain Architectural & Site Review approval for the project site prior
to development of the project site. Plansfora minimum of three (3) models shall be
submitted, subject to review and approval by the Planning Division
3. Prior to City Council approval of the Tract Map and Improvement Plans, the following
items shall be completed by the applicant and/or developer:
a) A signed original composite plan by the electrical design engineer shall be a part of
the improvement plans;
b) A letter from the subdivision design civil engineer shall be prepared which states
that the composite plan complies with City Codes and Standards and that no
underground utility conflict exists;
c) "Will Serve Letters" from each utility company for the subdivision shall be supplied
to the City; and
d) The plan check and inspection fee for the utility underground work will be
collected by the City.
The above items shall be subject to review and approval by the Engineering Division.
4. Prior to any construction of the utilities in the field, the applicant and/or developer shall
submit the following items to the City Engineering Division for review and approval:
a) A signed and PG&E-approved original electric plan; and
b) A letter from the design Civil Engineer which states that electrical plans conform
with City Codes and Standards, and with the approved subdivision improvement
plans.
S. All grading operations and soil compaction activities shall be per the approved soils
report, subject to review and approval by the Engineering Division.
6. All existing water wells shall be sealed to meet the approval of the City Engineer and the
Santa Clara Valley Water District (SCVWD).
7. The developer shall implement and follow the Santa Clara Valley Urban Runoff Pollution
Prevention Program's recomrnended Best Management Practices (BMP) for construction
activities, as contained in the California Storm Water Construction BMP Handbook,
subject to review and approval by the Engineering Division.
8.
9.
13.
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The develoP&all provide full street, curb, gutter, sittalk, and e1ectrolier
improvements, subject to the review and approval of the Community Development
Department.
The applicant and/or developer shall construct a bus stOD along the east side Q,[ Wren
AI'enue. significantlv south Q,[the Farrell Avenue intersection. subject to revielv and
alJDroval hI' the Enginee"nr Division. This prQ,iect shall comply with all requirements
of the Valley Transportation Authority (VTA), Santa Clara Valley Water District, Gilroy
Unified School District, alld County Roads and Airports Dept., as outlilled within their
letters ("Attachmellt C''), subject to review and approval by the respective agellcy alld the
City Commullity Developmellt Departmellt.
10.
Street improvements and the design of all storm drainage, sewer and water lines, and all
street sections and widths shall be subject to the review and approval of Engineering
Division. All utilities 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.
11.
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
Commission, 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.
12.
An all-weather access road, not less than 20 feet in width, for fire apparatus shall be
provided before commencing any combustible construction. Fire hydrants shall also be
installed and maintained before combustible construction begins, subject to review and
approval by the Building, Life, and Environmental Safety Division.
Hydrant locations and water main sizing shall be approved by the Building, Life, &
Environmental Safety Division, prior to building permit issuance.
14.
Dead-end access roads, in excess of one hundred fifty (ISO) 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.
The developer shall provide street trees in accordance with the City's COllsolidated
Landscapillg Policy, subject to review and approval by the Community Services
Department.
Prior to owner/tenant occupant;y. the applicant/del'eloDer shall construct six- to seven-
foot-hirh D"VaCV fences on each property to enclose anI' front vllrd patio areas. subject
to rel'iew and approval bv the Planninr Division.
Prior to ownerltenant OCCUDant;y. the aDDlicant/dei'eloDer shall illstall mature
shrubbety within the Farrel Avenue lantlscqpe strip. subiect to review and lIIl.DToval bv
the Planninr Division.
EXHIBIT C
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ATTACHMENT ~
CommunitY Development Department
Planning Division
Negative Declaration C~ofGilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440 .
City File Nlllllbe....: TM 99-O!1
rroi.rt D8mDftDft
Name of Project:
N sture of Project:
Mussallem Subdivision
.Subdivision of 1.1 acres into six, two-family residP.ftliallots. The proposed
subdivision would result in the cODStl'UctiorI of eight 12 residea1ial UIli1s with
street, sidewalk, UIiIi1y, and ather subcliYisioa iJDprovcmG1lS on the site.
. Proiect T AIIC'Sltiftft
Location:
Assessor's parcel #:
Southeast comer of Wren Avenue aDd Fs:rren AvellUe, war of Monterey Street
790-12-021
Entity nr P~l"!nn(!ll tTndertllkin. 'Prniect
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Name:
Address:
Mr. Greg Mussallem
9270 Linc:la Vista, Gilroy, CA 95020
lniti"l Study
. h1 Initial Study of 1his projec:l; was UDc:lertaken and prepared for 1he purpose of 8ll;ertaiDing whether this project
might have s. significant effect on the enviroriment. A copy of this study is em file at the City of Gilroy PI......inll
Division, 7351 RosaDDa Street. Gilroy, CA 95020.
findinCl!l &: ReunlU
The lIlitial Study idmtified potentially significant effeC1ll on me enviraDmen1 However, 1his project bas bem
mitigated (see l\4i!ip1ion Measures below ~ avoid or mitigale the effects) to a poiDl where no significant
effects will occur. 1bme is no substmtia1 evidence 1he project may have a sigaificant effect on tbe e:n\'iroDmcDt.
The following rasons will support these findings:
1. '1'he proposal is a logical component of1he existiDg land IIS8 oftlLis IIIlllL
2. IdCllllitied Iliverse impacts II8 proposed to be mitigated. 1hrougb. prepuation of special stUdies, and
colWttUction of off-site improYelDllllts.
3. The proposed projeCt is collSistellt with 1he adapted goals apd polici. of tile Gilroy Geaeral P\an.
4. The Initial SNliy was independeDtly l'IlViewd by City stat!; and 1his Nllgmve Declara1iOll reflllClS the
indepmtdentjudgemeDt of the City of Gilroy.
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7121/99
DIIlt N.pti"" D=Ianlicm
rile: 'I'M 99.09
2
MjMtiftGn MI!~'U1ru
1. The feUcwing control measures &hall be inc:orponJted into lilY pennits with development of the
project site, subject to review IIId approval by the Gilroy Building, Life &. Environmeutal Safety
Division and the Gilroy Engineering DMsion:
1 ) Water all active consauction areas at least twice daily.
2) Cover all trUcks hiwling soil, sand. and otl:ler loose materials or require all trUCks to
IIIBintain at least twO feet of freeboard.
. 3) Pave, apply water three: times daily, or apply (non-taxic:) soil stabilizets on all unpaved
ac:c:ess roads._parlcing areas and staging areas at COllStn1ctiOD sites.
4) Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas
at consttUction sites.
5) Sweep streets daily (with water sweepers) ifvuib1e soil!DllCrial is carried onto adjacent
public: streets.
2.
Due to the possibility that sigui:fic:ant buried cultw'8l resources might be found during
construction, the following llllSUSSe sha1l be inc:luded in all permits issued for the project site,
including, but not limited to buildini permits for the future development, Pursuant to the Nview
and approval of the City pl.nni"g Division:
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"If arehaeo1ogica1 resources or human remains are discovered during construction, woIk
shail be halted and an immediate evaluation shal1 be nw:Ie of the find by a qualliied
professional archaeologist. If'the fuld is determined to be an historic:al or unique
archaeological resource. contingeuc;y funding and a time allotment SIlfficient to allow for
implementation of avoidance measures or appropria%e mitigation sha1l be available. Won..
could c:ontinue on other parts of the building site while historical or unique w;baeologiclll
resource mitigation takes place. If the find ill determined to be signifiCll%ll, appropriate
mitigation mel!Sw:es shail be fonnu\ated and implemented. "
3.
In the lMlnt of an acc:idental discoVC!1' or recognition of allY human remains in any location other
than a dedicated cemetery. the following language sha1l be im;luded in all permit! issUed fer the
project site in accordance witb CEQA Guidelines section 15064.5 (e), inc:luding, but Dot limited
to building permits fer future development of all lots in the subdivision, pursuant to review and
approval of the City Planning Division:
, 'If human remains are fOund during coDstIUction there shall be no fUrther eltCavat!oD or
disturbance of the site or aD)' nearby area reasonably suspected to overlieadjacl!l11 hnm....
remains until the coroner of Santa C\m. County is contacted to determine that no
investigation of the cause of dath is required. If the coroner determines the r-n~;n. to be
Native AIDericaD the coroner sbal1 contaCt the Native American Heritage Com...;..ion
within 24 hours..
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DraIt NqatM o..:lBraIian
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7121/99
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'The NatiVe American Heritage Commission shall idemify the: person or persons it
believes to be the II10st likely dr:sc;r:I1dCl1t from the dccr:asr:d Nativl: AmcricaD.. thell10st
likely descendent may tbr:D makerecoltlDlllllliations to the: 1andowner or the person
rcspoDSible for the cxcavuiOl1 work, for means of trIlI!ilIg or disposing of, witb.
appropriate dignity, the bwnan remains am1 associated gnvc goods as provided in l'ubJic:
Resourc:cs Code Se:ctiOl1 5097.98. The Jamlowncr or his authorized rcprescntativc shall
rebury the NatiVe American human rllllllim and associated grave: goods with appropriate
dignity on the property in a location not 5I1bja:t to further distUJbanc:e if; a) the Native
American Heritage -C0Jmllis5i0'll is unable to idllJ1tiiY a tD!lst Iikr:ly dcsccndalt or the II10sta
likely desc:endent failed to make a ="""-".';':;IQ within 24 hours after being I10tilied ~
the commission; b) the desccndlll1t identified fiIiJs to make a rcc[l"''''Plldotion; or c) the
landowner or his authorized representative rejllClS the rcc:ommmlCiation of the dcsc:endent,
ancl the mediation by the Native .American lkritap Commission fails to pIOYide measures
acceptable to the 1andowner..
4. A soils investigation shall be prepared for the projeCt by a qualified soils eDgiI1cc:r. the
rec:omll1Cndation of the soils investigation shall be incoIporated into the fiDalll1ap and sball be
reviewed and approved by the Gilroy Engineering Division prior to approval of the final map.
5. The following language shaI1 be inc;1uded on any permits issued for the proposed praject,
including, but not limited to, building permits for the future developtDcnt of the residClltial
subdivision:
. All noise generating consttUctiOl1 activities shall be limited to we=kdays bctwcCII 7 AM .
and 7 PM and to Satur~ and City hoJiclays between 9 AM and 7 PM. No constIUctiO'll
is allowed on Sundays..
Monitoring of c:onstNc:tion hours shall be the respoDSibility of the Gilroy Building, Life &
EnvirollD1ental Safety Division.
DalePrcpared: July 21, 1999
End alRoYi- Pcriad:
Dare ApptoYCli By City Cotmeil:
Wi!lilIIn Faus.
Plamling Division MaIUIF
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ATTACHMENTtI
Deftlgper
GiIzoy
Engineering
DiYl5ion
Mitigatien Manitoring Ch..:ldi.St A
Prier to appraval of the fizW .Map, th8 fallowi:lg mitigation meuures shall be iznpIemented:
4
A soils jnveotigaliaZl sh.aI1 be pNp.....d for the
ptoject by a 'l"oli&d soils e:\lPMer. The
~tian at the sails investigation shall
be irlcarparatecl into the fiM1 map and shall be
revil!wed. and. approVed. by the Gil:ay .
Enginee:ing Divisicm pliar ta appraval of the
fiNlma .
M\JSSIl/lmI S~ Ini/i4/ Shldy Mitiplilm Mlmitarinlf Propm
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EXHIBIT D
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Mitigalion ManitaMg Checklial B
Pdor ta issua:ICe ot a BuUding P=mi':1M following xnitiplion m.asures shall b~ ill\ple:Lented:
~,.~ ' ' ,1,~n~~,~'F'~-""~~ ',' ,.1 ~ ~~~'\'- .....">.~
. ..... .., r"" ' ,> :il"'''p~.\;.r''"'' . -F"""'.fc..'" l:..,,'t,:~.,~t-A":)~'7.&~i
_~' ". ".:7c ~,;~ . 0, . :!~~&~l@.'Jg;~;~;r;;';'.;:~1:f,~.~t;~'~8J~~'rt ..:: :'~''i,:.:;:'': '~:,,-:;
iV,"""""'...., _ ~ ~--;'l~~,t~~~:~:"t:"'.'~-!..~:l.:-,t-'\~'''' :~"_~~I."~..;..;.j~-';:.'~:'"-O~''' ':;"'~-:'''''''''_c~J~~~;r:::;t-:.;1;-'':~~ .._~-~'};"P' "",...-,,,'t?
~,,~.. :: "~~, -~~_-~~-...~.:.,~{._:._~-'_L'"",:,~,,~~~,';r;~~::.~'..";:-''::'''-;~~'~~~ .. r~~~:~ir ,-'~'--,-::':'~
I' : ,'_' ;~, ~;'~:T:~;'~Q';.';i::11;:..:lfrt:'II:~s".1... "'.~' ">.0:..,.- "",..,--,.~--":,-"'-,, ~~_::l;.'~''':':'";;:f;._,,~~f;i:~~~' .. ~ ". -..
,,~_'___'_.,..;._e.',''''''.'-''-.~''--'-'''<::''''''''-''~ ."
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The following ..ontrol %lU!asures shall be
inCorporated into a:r..ypemUis with ~t
of the pl:l>ject site. subject to revieW and approvol
by the Gilroy BWIcUng; Life & En\-iraNns\tal
Safety Divi5icn and the Gilroy Engirlnring
OlvisiOll:
Gil:<>y
Building, Life
&
Enviromnental
Safety Division
and
Gilroy
Engi:1ee:ing
DivisiotI5
t)evek>pl!!'
1) Water all aeti"e cONtNc:tion .....u at lr:ast
twice dailY.
2) COVI!!' alll:Nclcs hauling soil, 5ll%Id, and "tiW-
IClCl.. materials 01' require allltuclcs to
maintain at least two feet ot freeboard.
3) Pave, apply walllr three time daily, or apply
(non-tolCic) soil stabili:z:ers an all unpaved
ace... roads, parking are... and .taging _as
at cons:tructicm sites.
4) Sweep daily (with water sweepers) all pa17ed
ace.... roads, parking IIM&5 and staging areu
at corustrUctiol"l. sites.
S) Sweep streets daily.(with water sweepers) if
visil:lle soil material is camed cmltl adjecent
ublic stre.l!'.
Mussallem S..&dmi5itlft l1I.iliAl Study MitiptiDft Moftitori1lg Prop'"
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2 Oue.to-the pClS521ility It>at sigrlifianl buried o.v.lcper CDxoy
cultu:al RSClU%ClIS might be found du:i:lg P\amUng
ccmstructicn. \he following language shall be 'DiVisiCtl
included in all pezmils issued fer the project site,
including,. but not !i:lited to builcling pcmil:l far
me future develllplZlClt. pur5UUlt to the ..wow
and. approval of the City P1anNng ~
"If archaeological resou:rces or h_
remainS ue discovued du:i:lg ccmstructian,
work shIIll- 6. halted and an i:\:lediate
evaluaticn shall be DUlde of the find. by a
quali5ed profl'cd",w archaeologist- II the
find. is detemlined in be an ~ or
unique uchaeok>giail resomce. cciltmgerq
flmcling and a lime a!lc1merIl suffic:jmt to
allow for implernmtalion of avoidance
measuns or apt"~l".i4le ZIlitigatiClllshall be
available. Wark could ccntinue OI\ other
parts of the building site while histo:ia1 or
unique uchaeolog:ical resource mitigation
taka place. If the find. is. dete:mined to be
significant, approptiale mitigation :u!&!U1U
shall be fonnuJated ll%\d implemented."
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M..sslJl/4m SubdiT:1i$U7" InitiAL Study Mi/i81ltitm Mmritarmg Progrrtm
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3 I:I \:be event of an acddsItal discovery or Dewlopc Gilroy
recognition of any human remaiN iZ\ any location Planning
other then a dedicall!d cemetmy. the foUowing Division
Imgl>age sha1l be i.r1cluded in all permils issued
fez: the project sill! in accordance with CEQ/l.
CWcidines section 1S064.5 (e), jnclucIing. but not
Ilmited to building pGmlits for futuzl!
developmont of aU loto in the subdivision.
pursuant to review iIZId. approval of the City -
PlanningOi~
If h=uIn remai:lS UlI found dlJring
canstrudion thue shall be no further
e:o:avation or disturbanl'l! of the site or any
nearby area reas01'lably suspected to overlie
adjacent hlm'W\ remaiN until the co=er of
Santa Oara County is contac:ted tD d.etemtine
that no investigation of the cause of death is
required. If the carcner determina the remaim
to be Native Amel:ian the co= shall ceNact
the Native American Heritage C=issic'n
within 24 h01.US. The Native American
Heritage co=rU5sion shall identify the p.....on
or p"",ons it belie'-"es to be the most likely
descendent frOl:n the deceased Native
American. The most likoly descendent.....y
then make reco=endations to the ImdoWnOr
or the penlon responsible for the excavation .
work, for means of treating or disposing of,
with appropriate dignity. the human remains
and. associated grave goods lIS provided in
Publk Resourees Cod.e Section 5097.98. The
landowner or his authorized representative
shall rebury the Native Al:rterican human
remaJ:1s and associaled grave goods with
appropriate dignity on the property in a
loation not subject to further disturbance if: a)
the Nati"e American Heritage COrNNssion is
unable 10 identiIy a mosllike1y dl!SCendanl or
the Inost likely descendant failed to make a
recozru:nencia.tion within 24 hours after being
notified by the commission; b) the dasandent
identified fails to make a recommendation: or c)
the lan<iowner or his authorized representative
rejects the re=end.at:ion of the descendent.
and the Jnediation by the Native .Ameri<:an
Heritage Commission fails to pro,,;de measures
acc."table to the landOwtlet.
M...JIlII.... 5ubdiz>isiDn I"itial StwiJ! Mitip.timl ManitDri"g P,..,p'"
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M...sall6m S~ lrritW Stv4y MitigAtiIm Mmtitmng p,."gnzm
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5 'IhrI ~g IBnguap shaI1 be il'ldwiei!. ..; rJroy Denlopc Gilroy
pemdts isSUed for \:hi! propcoee! projKt. llWlding. Life
inclu4iilg. but not limitS to. bulJding pemd%S for ..
the future developlZ\llDt of the nsidentlal ~ta1
subdivision: Safety Division
. All rlcrin generallrlg CCIC\Il:Ud:i= acti'ritieS .
shall be limitS to weekdays between 7 AM
...<1 7 PM me! to Satur4ays uu! City halidays
between' AM uu! 7 PM. No ccmstNCtian is
allowed on slJiu!ays:
Mard10JinI of ~homs aha1l be the
respcmsibility of the Gilroy Buil4mg. Life II:
Ert~~Divisioa. .
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 99-81 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 1st day of November, 1999, 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 3th day of November, 1999.
~~~~
City Clerk of the City of Gilroy
(Seal)