Resolution 2005-54RESOLUTION NO. 2005-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 05 -06, A VESTING
TENTATIVE MAP TO SUBDIVIDE AN EXISTING 56 UNIT
APARTMENT COMPLEX INTO 56 CONDOMINIUM
UNITS LOCATED AT 8340 KERN AVENUE, APN 790 -22-
074
WHEREAS, Albert Fortino, the applicant, submitted TM 05 -06, requesting a vesting
tentative map to convert an existing 56 -unit apartment complex (Crestwood Manor) into 56
condominium units with a common area lot on 2.98 acres located at 8340 Kern Avenue, APN
790 -22 -074; and
WHEREAS, the California Environmental Quality Act ( "CEQA ") provides a categorical
exemption for existing facilities pursuant to CEQA Guidelines Section 15301(k), which applies
to this project; and
WHEREAS, the Planning Commission held a duly noticed public hearing July 7, 2005, at
which time the Planning Commission considered the public testimony, the Staff Report dated
June 27, 2005 ( "Staff Report"), and all other documentation related to application TM 05 -06, and
recommended that the City Council approve said application with conditions; and
WHEREAS, the City Council held a duly noticed public hearing on July 18, 2005, at
which time the City Council considered the public testimony, the Staff Report, a follow -up Staff
Report dated July 8, 2005, and all other documentation related to application TM 05 -06; and
WHEREAS, the City Council determined that the conditions of approval set forth in the
Staff Report and recommended by the Planning Commission should be incorporated into the
project and that the applicant should be required to comply in all respects with the state
Subdivision Map Act; and
WHEREAS, the location and custodian of the documents or other materials which
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Resolution No. 2005 -54
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
SECTION I
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds as follows:
1. The project is consistent with the land use designation for the property on
the City's General Plan map and is generally consistent with the intent of the goals and
policies of the General Plan.
2. The project is consistent with the Zoning Ordinance and the City's
Subdivisions and Land Development Code.
3. Public utilities and infrastructure improvements needed to serve the
proposed project are available at the project site.
4. The project is consistent with surrounding development.
5. The proposal exceeds the minimum number of units required for
condominium conversion and provides additional affordable
homeownership opportunities.
6. The City's vacancy rate for apartments as of January 2005 exceeds the
required minimum of 5% by .5 %.
7. There is no substantial evidence in the entire record that the project as
conditioned will have a significant effect on the environment.
8. There are no facts to support the findings requiring denial of the proposed
tentative map pursuant to California Government Code section 66474.
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Resolution No. 2005 -54
B. Tentative
Map TM 05 -06 should
be and
hereby is
approved, subject to the
conditions
attached hereto as
Exhibit
A entitled
"TENTATIVE MAP
CONDITIONS" and incorporated herein by this reference.
PASSED AND ADOPTED this 1st day of August, 2005, by the following vote:
AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO AND PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATT ST:
o City Clerk
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APPROVED:
ert inheiro, Mayor
Resolution No. 2005 -54
EXHIBIT A
TENTATIVE MAP CONDITIONS (TM 05 -06)
The applicant shall meet the following conditions, subject to the review and approval of the
Planning Division, Cydney Casper (408- 846- 0440):
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 66474.9.1
2. This tentative map shall comply with the California Subdivision Map Act
(Government Code Section 66410, et. seq.) and all other applicable State regulations.
3. Landscaping plans including specifications for an irrigation system and project
entryway features shall be approved by the Planning Division in accordance with the
adopted Consolidated Landscaping Policy, prior to issuance of a building permit.
4. An established homeowner's association shall be established to maintain the
structural components of the buildings and building exteriors, landscaped areas,
pathways, parking facilities and private driveways. A copy of the recorded
Conditions, Covenants & Restrictions (CC &R's) shall be submitted to the Planning
Division and City Attorney prior to approval of the final map.
The following language shall be included on any permits issued at the project site,
subject to the review and approval of the Gilroy Engineering and Building Divisions.
"All construction activities shall be limited to weekdays between 7:00 AM and 7:00
PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No
construction is allowed on Sundays."
6. 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 shall be provided to the Planning Division for review prior to approval of
the final map.
7. A report on the physical condition of the structures and mechanical equipment plus
the estimated annual operating and maintenance costs for all common facilities and
services for the next three years with operating and maintenance costs of similar
property in the area shall be prepared by a professional management firm and
provided to the Planning Division prior to approval of the final map.
8. A statement shall be provided to all residents of their rights and obligations regarding
all common open spaces and facilities.
9. No contract for management, operation or maintenance of common areas may extend
more than thirty days beyond the time at which majority control of the Homeowner's
Association passes to individual unit owners unless approved by the Homeowner's
Association after majority control has passed to individual unit owners.
10. Each purchaser shall be provided a one -year warranty on all appliances within the
unit. A one -year warranty shall also be provided to all purchasers of individual units
and to the Homeowner's Association on all structures, electrical, heating, air -
conditioning, plumbing, ventilation equipment and roofing.
11. All units and common areas shall be inspected prior to sale to ensure that all
appliances, furnaces, windows, window coverings, plumbing fixtures, carpets, other
floorings, structures, electrical, heating, air- conditioning, plumbing, ventilation
equipment and roofing are updated and modernized to the fullest extent feasible.
12. All units shall be separated by a one -hour fire wall.
13. Each unit shall have individual utility meters for gas and electric.
14. Each unit shall have a separate water meter and valve.
15. All mechanical equipment such as air conditioning units and domestic appliances
shall be shock mounted to minimize noise and vibration.
16. Roofs and exterior finishes of the buildings shall be upgraded to ensure adequate
protection for a minimum period of five years from the date of conversion.
17. The conversion of this project shall meet all requirements of applicable State and
building code requirements.
18. All tenants occupying a complex to be converted shall be notified of this intent and
receive the eviction notice at least six months prior to the date of eviction.
19. No apartment shall be rented or leased to any person after any approval of the
tentative map to subdivide the units, unless a written notice shall have been delivered
to the prospective lessee informing the prospective tenant of the contemplated
conversion.
The applicant shall meet the following conditions, subject to the review and approval of the
Engineering Division, Kristi Abrams (408- 846 - 0450):
20. Installation of directional monument signs is required prior to the final map approval.
21. Knox Key access to the electric gates for the police and fire is required prior to the
final map approval.
22. All work is to be done in compliance with the City of Gilroy Specifications Standards
and Design Criteria and is subject to all laws of this community by reference.
23. A Final Map with all required dedications shall be filed with a copy transmitted to the
City.
24. The developer shall submit fees and bonds and enter into an improvement agreement
prior to Final Map recordation.
25. A current Title Report shall be submitted for review to the City prior to final map
approval.
26. If there is a Homeowners Association in place with this map prior to the map being
released for recordation, Conditions, Covenants and Restrictions shall be approved by
the Planning Division.
27. Once the tentative map is approved, the developer shall submit an 8-1/2 X 11 -inch
inch site plan to the Engineering Division to assign addressing which shows the
following: tract name and number, lot number, street names, property lines, right -of-
way lines, north arrow and curb cuts for driveway.
28. The developer /contractor shall make accessible any or all City utilities as directed by
the City Engineer.
29. Additional comments may be added at any time due to incomplete plans, plan
changes and mistakes, errors or omissions.
The applicant shall meet the following conditions, subject to the review and approval of the
Fire Division, Jacqueline Bretschneider (408- 846- 0430):
30. Fire Hydrants shall be maintained and flow tested.
31. Gates shall be provided with Police and Fire KNOX boxes.
32. Roadways shall provide a minimum 20 feet of unobstructed travel. Turns shall allow
for an inside radius of 32' and outside radius of 39'. Vertical clearance of not less
than 15 ft shall be provided. Road widths shall be as follows, or an exception from
the Fire Chief obtained.
a) 20 ft. no parking on either side
b) 28 ft. no parking on one side.
c) 38 ft parking not restricted.
33. Addressing shall be pursuant to City Standard. Address numbers shall be visible
from the street and illuminated.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -54 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
1 st day of August, 2005, 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 26th day of September, 2005.
City Clerk of the City of Gilroy
(Seal)