Resolution 2005-68RESOLUTION NO. 2005-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 05 -10, A VESTING
TENTATIVE MAP TO CREATE TWELVE (12)
RESIDENTIAL CONDOMINIUMS AND SIX (6)
COMMERCIAL CONDOMINIUMS AT 7598 MONTEREY
STREET, APN 841 -05 -065
WHEREAS, Lewis Street Partners (c /o Mark Hewell), the applicant, submitted TM 05-
10, requesting tentative map approval to create twelve (12) residential condominiums and six (6)
commercial condominiums at 7598 Monterey Street, APN 841 -05 -065; and
WHEREAS, the California Environmental Quality Act ( "CEQA ") provides a categorical
exemption for in -fill development projects pursuant to CEQA Guidelines Section 15332, which
applies to this project; and
WHEREAS, the Planning Commission held a duly noticed public hearing September 6,
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 -10, 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 13, 2005, and all other documentation related to application
TM 05 -10; 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.
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Resolution No. 2005 -68
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 the intent of the goals and policies of the General Plan,
as well as the Downtown Specific Plan.
2. The project is consistent with the Zoning Ordinance and the City's
Subdivisions and Land Development Code.
3. There is no substantial evidence in the entire record that the project as
conditioned will have a significant effect on the environment.
4. 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 -10 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 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 -68
ATTEST:
Rhonda Pellin, City Clerk
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APPR
(ral g rtman, Mayor Pro Tempore
Resolution No. 2005 -68
EXHIBIT A: TENTATIVE,.-AP CONDITIONS— TM 05 -10
1. 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
,46474.9.
2. An established homeowner's association shall be established to maintain the structural
components of the buildings and building interiors, exteriors, and sidewalk and Lewis street
parking maintenance. 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.
3. 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.
4. 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.
5. A statement shall be provided to all residents of their rights and obligations regarding all
common spaces and facilities.
6. 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.
7. Each residential 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.
8. 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 contructed and
operating to the fullest extent feasible.
9. All units shall be separated by a one -hour fire wall.
10. Each unit shall have individual utility meters for gas and electric.
11. All mechanical equipment such as air conditioning units and domestic appliances shall be shock
mounted to minimize noise and vibration.
12. The conversion of this project shall meet all requirements of applicable State and building code
requirements.
13. 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.
TM 05 -10 2 August 24, 2005
14. A minimum of one exterior monument shall be set. Additional monuments can be required by
the City Engineer or City Surveyor as deemed necessary.
15. Location of monuments shall be tried out prior to work. Any city monument damaged, displaced
or destroyed shall be replaced at the developer's sole expense.
16. 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.
17. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
18. The developer shall submit fees and bonds and enter into an improvement agreement prior to
Final Map recordation.
19. A current Title Report shall be submitted for review to the City prior to final map approval.
20. If there is a Property 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.
21.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.
22. A Maintenance Agreement between the City and the Property Owners Association for the
maintenance of the Lewis Street frontage shall be executed prior to the approval of the final map.
23. Additional comments may be added at any time due to incomplete plans, plan changes and
mistakes, errors or omissions.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -68 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)