Resolution 2006-74
RESOLUTION NO. 2006-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING VTM 06-05, A VESTING
TENTATIVE MAP FOR THE CONDOMINIUM
CONVERSION OF AN EXISTING 30-UNIT APARTMENT
COMPLEX AT 8500 AND 8530 WREN AVENUE, APNs
790-26-001 & 004
WHEREAS, First Time Buyer, LLC, the applicant, submitted application VTM 06-05,
requesting a vesting tentative map for the condominium conversion of an existing 30-unit
apartment complex at 8500 and 8530 Wren Avenue, APNs 790-26-001 & 004 ("Project"); and
WHEREAS, the Planning Commission held a duly noticed public hearing on November
2, 2006, at which time the Planning Commission considered the public testimony, the staff report
dated October 26, 2006 ("Staff Report"), and all other documentation related to application
VTM 06-05, and recommended that the City Council approve this application; and
WHEREAS, the City Council held a duly noticed public hearing on November 20, 2006,
at which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application TM 06-05; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for the division of existing multiple family or single-family residences into common
interest ownership where no physical changes occur, pursuant to CEQA Guidelines section
15301(k), which applies to this 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. 2006-74
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 (Medium Density Residential) and with the intent of the
goals and policies ofthe 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. The Project exceeds the minimum number of units required for conversion
and provides additional affordable homeownership opportunities.
4. The City's rental vacancy rate as of July 2006 is 29.4%, which exceeds the
required minimum of 5%.
5. Public utilities and infrastructure improvements needed to serve the
proposed Project are available at the Project site.
6. The Project is consistent with surrounding development.
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.
B. Vesting Tentative Map VTM 06-05 should be and hereby is approved, subject to
the conditions in the Staff Report, attached hereto as Exhibit A, entitled
"Tentative Map Conditions" and incorporated herein by this reference.
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Resolution No. 2006-74
PASSED AND ADOPTED this 4th day of December, 2006, by the following vote:
AYES:
COUNCILMEMBERS:
BRACCO, CORREA, VALIQUETTE,
VELASCO and PINHEIRO
ABSENT:
COUNCILMEMBERS:
ARELLANO, GARTMAN
NONE
NOES:
COUNCILMEMBERS:
APPROVED:
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Pinheiro, Mayor
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Rhonda Pellin, City Clerk
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Resolution No. 2006-74
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VTM 06-05
First Time Homebuyer, LLC
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EXHIBIT A
TENTATIVE MAP CONDITIONS
The applicant shall meet the following conditions, subject to the review and approval of the
Planning Division, Cydney Casper (408-846-0440):
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. 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.
3. 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.
4. 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."
5. 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.
6. 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.
7. Installation of a directional monument sign is required prior to the final map approval.
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.
VTM 06-05
First Time Homebuyer, LLC
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.
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EXHIBIT A
ll. 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.
l3. Each unit shall have individual utility meters for gas and electric.
14. Each unit shall have a separate water meter and valve.
l5. 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.
20. Provided a tenant is not in default under their rental agreement, each tenant shall be given the
right, for a period of 90 days after City approval of the final map for the conversion, to purchase
his or her unit on terms consistent with the following purchasing program provided by the
applicant:
a. For a period of 90 days after City approval of the final map, all existing residents
renting the subject units will have priority to purchase their unit (or another unit
should it occupant(s) decline to purchase) at a price and interest rate which will
maintain the monthly payment at approximately the same as the current monthly
rental payment.
b. A minimum of two first-time buyer seminars will be made available for the tenants
to explain the process of purchasing a home and of the various local assistance
programs available.
c. Relocation assistance will be provided for tenants electing not to purchase their unit
will be available at a minimum in the form of available rental inventories,
transportation assistance, priority rentals with the Vineyard Apartments as available,
early refund of the tenant's deposit to utilize for deposit on another rental unit, and
retention of the appliances from their existing apartment.
VTM 06-05
First Time Homebuyer, LLC
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EXHIBIT A
The applicant shall meet the following conditions, subject to the review and approval of the
Engineering Division, John Brice (408-846-0450):
21. Knox Key access to the electric gates for the police and fire is required prior to the final map
approval.
22. Installation of directional monument signs shall be required prior to the final map approval
23. Knox Key access for the police and fire shall be required for any existing electric gates prior
to the final map approval.
24. All work shall 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.
25. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
26. The developer shall submit fees and bonds and enter into an improvement agreement prior
to Final Map recordation.
27. A current Title Report shall be submitted for review to the City prior to final map approval.
28. If there is a Homeowners Association in place with this map, Conditions, Covenants, and
Restrictions shall be approved by the Planning Division prior to the map being released for
recordation.
29. The developerlcontractor shall make accessible any or all City utilities as directed by the
City Engineer.
30. Any damaged curb, gutter, sidewalk, and driveways along project frontage shall be replaced
following current City standards and conform to existing adjacent properties.
3l. Existing driveways no longer utilized shall be removed and replaced with City standard
curb, gutter, and sidewalk.
32. Dead andlor diseased trees in parkstrip shall be replaced.
33. Applicant shall be required to obtain a City of Gilroy encroachment permit for all work in
City right of way (i.e. sidewalk, curb, gutter, driveway, roadway, etc.)
34. When submitting for building permit, encroachment permit, etc., improvement plans shall
include a traffic control plan for activities performed within City right-of-way (including
alleyways)
VTM 06-05
First Time Homebuyer, LLC
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EXHIBIT A
The applicant shall meet the following conditions, subject to the review and approval of the Fire
Division, Jacqueline Bretschneider (408-846-0430):
35. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to
3600 square ft. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any
building. Hydrants shall be installed prior to commencement of construction with
combustible materials. Fire Hydrant locations shall be approved by the Fire Marshal prior to
final maplsite improvements. The most remote hydrant shall be flow tested by the Fire
Marshal prior to possession by the water department. Curbing shall be painted red for 7 ft
on each side of each hydrant.
36. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not
less than 15 ft shall be provided. Turning radius shall not be less than 32' inside and 39'
outside radius. Parking shall be restricted as follows
a. Less than 28 ft. no parking at all.
b. Less than 36 ft. no parking on one side.
c. Over 36 ft parking not restricted.
37. Where parking is restricted, it shall be posted with signs for No Parking-Fire Lane and curbs
shall be painted red. Signage and curb painting shall be maintained in good condition. The
parking enforcement plan shall be reviewed and approved by Deputy Fire Marshal prior to the
final inspection of the first unit built. The parking enforcement plan shall be provided by the
developer for the HOA to follow, and shall be included in the CC&R's.
38. Final map to include a paragraph that reads: "Red curbing and signage shall be maintained
by the Home Owners Association. A parking enforcement shall be implemented by the
Homeowners Association."
39. Dead end public streets shall be provided with a cul-de-sac of 78' diameter. Dead end
private streets may use alternate turn around configurations when fire sprinklers are
provided. These include a hammer head with 30' deep extensions on each side of roadway,
3 point turnaround consisting of a 54'x54' rectangular turnaround from a minimum 20'
entry adjacent to one corner.
40. Roads shall not exceed 15 % grade, shall provided 14 ft overhead clearance, and an inside
turning radius of not less than 32' and outside radius of not less than 39'
41. Gated Streets shall have Fire and Police KNOX access. Gates shall provide opening of full
width of roadway being served.
42. Street signage shall be installed prior to anyon-site improvements (foundations or buildings)
has begun.
VTM 06-05
First Time Homebuyer, LLC
43. Secondary access shall be provided when 24 or more units served. Secondary access is to
provide a second means to the project area as a whole. Secondary Fire access other than a
standard roadway (EVA) is to be reviewed and approved Fire Chief. Gated Access
Roadways shall be provided with electronic and provided with an Opticom opening system
compatible with the Fire Department equipment.
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EXHIBIT A
44. A fire sprinkler system is to be installed if any single building has 5,000 square feet or
greater, inclusive of attached garageslcarports and each floor in a multi story building. Plot
plans shall identify the house as being sprinklered.
45. House numbers shall be clearly visible from the street. If the house is recessed the house
number shall be provided at the driveway entrance and at a height of not less than 36 inches
from the ground. All main address numbers shall be a minimum of 2.5 inches in height with
a 3/8 inch stroke and placed to read from left to right and/or top to bottom.
46. Driveways in excess of 150 ft shall be provided with an approved turn around.
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2006-74 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
4th day of December, 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 15th day of December, 2006.
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City Clerk of the City of Gilroy
(Seal)