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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. IGBOI670658.1 092205 - 04706089 -I- 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 IGB01670658.1 092205 -04706089 -2- Resolution No. 2005 -68 ATTEST: Rhonda Pellin, City Clerk 1GB01670658.1 092205 - 04706089 -3- 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)