Resolution 2005-67RESOLUTION NO. 2005 -67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 05 -08, A VESTING
TENTATIVE MAP TO CREATE NINE INDUSTRIAL
CONDOMINIUMS IN AN EXISTING BUILDING AT 7500
ARROYO CIRCLE, APN 841 -69 -018
WHEREAS, Glen Loma Group submitted TM 05 -08, requesting tentative map approval
to create nine (9) industrial condominiums in an existing building at 7500 Arroyo Circle, APN
841 -69 -018; and
WHEREAS, the California Environmental Quality Act ( "CEQA ") provides a categorical
exemption for existing facilities pursuant to CEQA Guideline 15301, which applies to this
project; and
WHEREAS, the Planning Commission held a duly noticed public hearing September 1,
2005, at which time the Planning Commission considered the public testimony, the Staff Report
dated August 24, 2005 ( "Staff Report"), and all other documentation related to application
TM 05 -08, and recommended that the City Council approve said application with conditions; and
WHEREAS, the City Council held a duly noticed public hearing on September 19, 2005,
at which time the City Council considered the public testimony, the Staff Report, a follow -up
Staff Report dated September 12, 2005, and all other documentation related to application
TM 05 -08; 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
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.
SECTION I
NOW, THEREFORE, BE IT RESOLVED THAT:
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Resolution No. 2005 -67
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 the intent of the goals and policies of the General Plan.
2. The project is consistent with the City's Zoning Ordinance, the State
Subdivision Map Act, and the City's Subdivisions and Land Development Code.
3. Public utilities and infrastructure improvements needed in order to serve
the proposed development are already in place on the site.
4. There is no substantial evidence in the entire record that the project as
conditioned will have a significant effect on the environment.
5. There are no facts to support the findings requiring denial of the proposed
tentative map pursuant to California Government Code section 66474.
B. Tentative Map TM 05 -08 should be and hereby is approved, subject to the sixteen
(16) conditions attached hereto as Exhibit A, entitled "TM 05 -08 FINAL
CONDITIONS OF APPROVAL.," and incorporated herein by this reference.
PASSED AND ADOPTED this 3rd day of October, 2005, by the following vote:
AYES: COUNCIL MEMBERS: CORREA, DILLON,
MORALES, VALIQUETTE,
VELASCO, GARTMAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PINHEIRO
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Resolution No. 2005 -67
ATTEST:
Rhonda Pellin, City Clerk
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APP
Craig artman, Mayor Pro Tempore
Resolution No. 2005 -67
TM U5 -08
TENTATIVE MAP CONDITIONS
FMU= A
Staff recommends that the following conditions be Placed on the approval of this request
Planning Division (contact Melissa Durkin at 846 - 0440)
The developer shall submit vector based a -files prior to Final Map approval, readable by AutoCAD
(IGES, DXF, DWG) and containing lot and street layout and all City utilities.
2. The developer shall submit a copy of the Conditions, Covenants and Restrictions to the Planning
Division for approval prior to submittal of the Final Map.
City Attorney (contact Linda Callon at 286 -5800)
3. The 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.
Engineering Division (contact Kristi Abrams at 846 -0450)
4. 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.
5. A minimum of one exterior monument shall be set. Additional monuments can be required by the
City Engineer or City Surveyor as deemed necessary.
6. Location of monuments shall be tried out prior to work. Any City monument damaged, displaced or
destroyed shall be replaced at the developers sold expense.
7. New and existing utility lines to, through and on the site, and appurtenances and associated
equipment, including, but not limited to, electrical transmission, street lighting, cable television and
telephone shall be required to be placed underground.
TM o5 -08
8. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
9. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final
Map recordation.
10. In the event it is necessary to acquire offsite easements or street rights -of -way, the owner shall enter
into an agreement with the City prior to final map approval agreeing to pay all condemnation costs,
for dedication of all required easements or street right -of -way. This agreement shall be recorded and
require the owner to deposit all condemnation costs with the City within 21 days of Final Map
approval. The owner shall agree to provide an initial cash deposit as determined by the City.
11. A current Title Report shall be submitted for review to the City prior to final map approval.
12. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
13. 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.
14. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes,
errors or omissions.
Fire Department (contact Jackie Bretschneider at 846 -0430)
15. Fire systems and fire access, including hydrants, underground and overhead fire protection and alarm
systems, and fire lanes shall be maintained. This shall be recorded with the CC &Rs and they shall
provide for all property owners to be responsible for the maintenance of the system.
16. Each condominium space shall have an approved sampling manhole installed, to be reviewed and
approved by the Chemical Control Division.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -67 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
3rd day of October, 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 4th day of November, 2005.
City Clerk of the City of Gilroy
(Seal)