Resolution 2006-05RESOLUTION NO. 2006 -5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 05 -12, A TENTATIVE MAP
TO CREATE SEVEN RESIDENTIAL CONDOMINIUMS
AND TWO COMMERCIAL CONDOMINIUMS ON
APPROXIMATELY 0.3 ACRES LOCATED AT 7888
MONTEREY STREET, APN 841 -02 -009
WHEREAS, Jeff Kwok c/o Ruby Chung, the applicant, submitted TM 05 -12, requesting
a tentative map to create seven (7) market -rate residential condominiums and two (2)
commercial condominiums on approximately 0.3 acres zoned Central District Commercial (C2)
at 7888 Monterey Street, APN 841 -02 -009 ( "Project "); 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 on January 5,
2006, at which time the Planning Commission considered the public testimony, the staff report
dated December 9, 2005 ( "Staff Report"), and all other documentation related to application
TM 05 -12, and recommended that the City Council approve this application; and
WHEREAS, the City Council held a duly noticed public hearing on January 23, 2006, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application TM 05 -12; 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
1GB01682186.1
012606 - 04706089
-1-
Resolution No. 2006 -5
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:
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 (Central District Commercial) and 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, and the State Subdivision Map Act.
3. Public utilities and infrastructure improvements needed to serve the
proposed Project are in close proximity to the Project site.
4. The Project is consistent with surrounding development.
5. There is no substantial evidence in the entire record that the Project as
conditioned will have a significant effect on the environment.
6. 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 -12 should be and hereby is approved, subject to the
conditions in the Staff Report, attached hereto as Exhibit A and incorporated
herein by this reference.
1GB01682186.1
012606- 04706089
-2-
Resolution No. 2006 -5
PASSED AND ADOPTED this 6th day of February, 2006, by the following vote:
AYES: COUNCIL MEMBERS: ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATT T:
Rhonda Pellin, City Clerk
IGB01682186.1
012606 -04706089
APPROVED:
4ert Mayor
-3-
Resolution No. 2006 -5
Exhibit A
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 66474.9.
2. Vector based a -files will be required prior to Final Map approval, readable by AutoCAD (IGES, DXF,
DWG), containing lot and street layout and all City utilities. These files will be used to update the
City's GIS system.
3. 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.
4. 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.
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. All units shall be separated by a one -hour fire wall.
8. Each unit shall have individual utility meters for gas and electric.
9. All mechanical equipment such as air conditioning units and domestic appliances shall be shock
mounted to minimize noise and vibration.
10. The conversion of this project shall meet all requirements of applicable State and building code
requirements.
11. A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
12. Certification of improvement on site plans is required prior to Building final (add to general notes on
Title sheet of plans).
13. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of
plans).
14. Certification of grades and compaction is required prior to building permit final. This statement must
be added as a general note to the Grading and Drainage Plan.
15. Certification is required by the design engineer of the design and construction for all retaining walls
shown on the improvement plans prior to final acceptance of the subdivision.
16. All retaining walls must be constructed of permanent materials such as concrete or masonry, and shall
be of a modular design; wood shall not be permitted.
TM 05 -12
2
17. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in
Traffic Control Design.
18. A Traffic Control Plan shall be provided in the Improvement Plan set for all work within the public
right -of -way.
19. Full frontage improvements are required for all new development.
20. 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.
21. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections
and widths shall be in accordance with City Standards and shall follow the most current Master Plan
for streets and each utility. The developer shall provide full street, curb, gutter, sidewalk and
electrolier improvements.
22. All grading operations and soil compaction activities shall be per the approved soils report and shall
meet with the approval of the City Engineer. Grading plans shall show the grades of all adjacent
properties.
23. If the project has excess fill or cut that will be off - hauled to a site or on- hauled from a site within the
city limits of Gilroy, an additional permit is required. This statement must be added as a general note
to the Grading and Drainage Plan.
24. A minimum of one exterior monument shall be set. Additional monuments can be required by the City
Engineer or City Surveyor as deemed necessary.
25. Location of monuments shall be tried out prior to work Any City monument damaged, displaced or
destroyed shall be replaced at the developers sole expense.
26. 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.
27. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
28. The developer shall submit an estimate of the probable cost of developer - installed off -site
improvements with the Final Map submittal.
29. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final
Map recordation.
30. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to
be completed:
a.The developer shall provide joint trench composite plans for the underground electrical, gas,
telephone, cable television, and communication conduits and cables including the size,
location and details of all trenches, locations of building utility service stubs and meters and
placements or arrangements of junction structures as apart of the Improvement Plan submittals
for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings
and /or utility improvement plans. (All dry utilities shall be placed underground.)
b.A note shall be placed on the plans which states that the composite plan agrees 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.
d.The City will collect the plan check and inspection fee for the utility underground work.
TM 05 -12 3
31. A current Title Report shall be submitted for review to the City prior to final map approval.
32. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the
City:
a.A professional engineer - signed and PG &E- approved original electric plan.
b.A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to
City Codes and Standards, and to the approved subdivision improvement plans.
33. All lots shall drain to the street for storm drainage.
34. Improvement plans are required for all on -site and off -site improvements.
35. Submit a Hazardous Material clearance for any underground tank removal from the appropriate
agency.
36. A Storm Water Pollution Prevention Plan shall be filed with the Regional Water Quality Control
Board with a copy to the City. An Erosion Control plan and Waste Discharger Identification shall be
submitted to the City.
37. The developer shall negotiate rights -of -way with Pacific Gas and Electric and other utilities subject to
the review and approval by the Engineering Division and the utility companies.
38. If any portion of the project is located in a special flood hazard area as shown on the most current
flood insurance rate map; a flood zone study is required. Should the City Engineer determine a LOMR
(letter of map revision) is required no permits will be issued until a CLOMR (conditional letter of map
revision) is completed. No permits will be finaled until the LOMR is complete. Any flood conditions
imposed on this project by the National Flood Insurance Program or the City of Gilroy will be
enforced by the City of Gilroy.
39. If any portion of the project if located in a special flood hazard area, provide the following statement in
a bold box with minimum '/ -inch text on the front sheet of the plan set: "This project is located in a
Flood Zone. A Conditional Elevation Certificate is required prior to the foundation pour and an
Elevation Certificate with pictures of each of the four building elevations is required prior to final
inspection ".
40. 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.
41. The City shall be notified at least two (2) working days prior to the start of any construction work and
at that time the contractor shall provide a project schedule and a 24 hour emergency telephone number
list.
42. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as
deemed appropriate by the City Engineer.
43. 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.
44. The developer /contractor shall make accessible any or all City utilities ad directed by the City
Engineer.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006 -05 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
6th day of February, 2006, 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 21 st day of February, 2006.
City Clerk of the City of Gilroy
(Seal)