Resolution 2008-05
RESOLUTION NO. 2008-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 07-05, A TENTATIVE MAP TO
CREATE 16 RESIDENTIAL CONDOMINIUMS AND 2
COMMERCIAL CONDOMINIUMS ON APPROXIMATELY .29
ACRES LOCATED AT 7711 MONTEREY STREET, THE
NORTHWEST CORNER OF MONTEREY AND THIRD
STREET, APNS 799-03-054 and 055.
WHEREAS, S & P Properties submitted application TM 07-05, requesting a tentative
map to create 16 residential condominiums and 2 commercial condominiums on .29 acres ("the
Project"), located at 7711 Monterey Street, the Northwest comer of Monterey and Third Street,
APNS 799-03-054 and 055; 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 February 7,
2008, at which time the Planning Commission considered the public testimony, the Staff Report
dated December 28, 2007, and all other documentation related to application TM 07-05, and
recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on February 25, 2008, at
which time the City Council considered the public testimony, the Staff Report, a supplemental
Staff Report dated February 8,2008, and all other documentation related to application TM 07-
05; 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.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds as follows:
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022608-04706089
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Resolution No. 2008-05
1. The proposed converSIOn IS consistent with the General Plan Land Use
Designation for the Downtown Expansion District (DED) zoning district.
2. The proposal is consistent with the intent of the goals and policies of the City's
Housing element and General Plan document for the provision of affordable market rate housing.
3. There is no substantial evidence in the entire record that there will be any
significant environmental impacts as a result ofthis Project.
4. The proposal is consistent with the Subdivision Map Act and the City's
Subdivision Ordinance of the Municipal Code.
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 07-05 should be and hereby is approved, subject to the
conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 07-05
TENTATIVE MAP CONDITIONS.
PASSED AND ADOPTED this 3rd day of March, 2008 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, GARTMAN,
WOODWARD and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS: TUCKER
APPROVED:
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~hawna Freels, CitV Clerk
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Albert Pinheiro, Mayor
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022608-04706089
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Resolution No. 2008-05
City of Gilroy
Community Development Department
Planning Division
7351 Rosanna St.
Gilroy, CA
(408) 846-0440
Tentative Map
December 28, 2007
FILE NUMBER:
APPLICANT:
LOCATION:
STAFF PLANNER:
TM 07-05 (07060001)
S&P Properties c/o Michael Parsons (408) 354-9777
7711 Monterey Street, northwest corner of Monterey and Third Street
Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us
REQUESTED ACTION:
Tentative Map approval for two commercial units and sixteen upper floor residential units with common
garage space.
Description of Property:
Parcel Number: 799-03-54 and 055
Parcel Size: 12,632 SF (0.29 acres)
Flood Zone: "X", Panel #060340 0002D, 8/17/98
Status of Property:
Existine: Land Use
Vacant w/ modular office
General Plan Desie:nation
Downtown Expansion District
Zonine:
DED
North:
East:
South:
West:
Status of Surroundinf! Properties:
Existine: Land Use
Automotive service
Vacant auto service
Auto service/Vacant office
Single-family residential
General Plan Desie:nation
Downtown Expansion District
Downtown Expansion District
Downtown Historic District
Downtown Expansion District
Zonine:
DED
DED
DHD
DED
Environmental Impacts:
CATEGORICAL EXEMPTION: The California Environmental Quality Act (CEQA) provides a
categorical exemption that applies to this request: Class 32, Section 15332; "In-Fill Development
Projects."
Conformance with the General Plan
The proposed project conforms to the land use designation on the Downtown Specific Plan map and is
consistent with the intent of the Downtown Specific document for residential uses.
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Related Documents:
SPE 06-03 Approval for 16 Downtown Exemption residential units on the second and third floors of
a three-story mixed use building in the Downtown Expansion District (DED).
AS 06-23 Approval for a three-story mixed use building on the northwest corner of
Third Street and Monterey Street. Project includes two commercial store
fronts on Monterey Street with an at grade garage behind with a Third Street
entrance. There are 10 two-bedroom units and 6 three-bedroom units on the
second and third floors.
TENTATIVE MAP ANALYSIS
The Applicant is requesting Tentative Map approval to create 16 residential condominiums and 2
commercial condominiums at 7711 Monterey Street.
~ The property is zoned Downtown Expansion District (DED) and this Tentative Map request is in
compliance with the zoning ordinance and all previous City approvals.
~ The residential condominium units are two or three bedrooms.
~ The first floor will be divided into 2 commercial condominiums totaling 3,125 sq. ft.
~ The residential units range in size from 1,094 sq. ft. for the smallest two-bedroom unit to 1,620
sq. ft. for the largest three-bedroom unit.
~ The project is in compliance with City standards and has received all of its other Planning
Division approvals.
~ All heating, ventilation and air conditioning (HV AC) will be separate to each unit and screened
from the public right-of-way.
~ Two owner associations are anticipated, one for the commercial uses and one for the residential
uses, each association will cooperate through the Covenents, Conditions and Restrictions
(CCR's) on the building maintenance.
~ The residential units are separate from the commercial units with their own entrances off
Monterey Street.
~ None of these units will be occupied prior to the approval of the Tentative Map.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission send a recommendation of approval for the
tentative map TM 07-05 for the following reasons:
A. The proposed conversion is consistent with the General Plan Land Use Designation for the
Downtown Expansion District (DED) zoning district;
B. The proposal is consistent with the intent of the goals and policies of the City's Housing
Element and General Plan document for the provision of affordable market rate housing;
C. There will be no significant environmental impacts as a result of this project.
D. The Proposal is consistent with the Subdivision Map Act
E. The proposal is consistent with the City's Subdivision Ordinance of the Municipal Code.
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TENTATIVE MAP CONDITIONS
Plannine: Division (contact William Faus 408-846-0440)
These conditions are subject to the review and approval of the Planning Division.
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. A condominium owner's association shall be established to maintain the structural components
of the buildings and building interiors, exteriors, sidewalk and 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 statement shall be provided to all residents of their rights and obligations regarding all
common spaces and facilities.
5. 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.
6. 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.
7. All units shall be separated by a one-hour fire wall.
8. Each unit shall have individual utility meters for electric service.
9. All mechanical equipment such as air conditioning units and domestic appliances shall be shock
mounted to minimize noise and vibration.
Ene:ineerine: Division (contact John Brice 408-846-0450, john.brice@ci.gilroy.ca.us)
These conditions are subject to the review and approval of the Engineering Division.
10. As part of the first submittal for Final Map, the developer shall submit vector based electronic
files readable by AutoCAD.
11. A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
12. Certification of improvements on site plans is required prior to Building final (add to general
notes on Title sheet of plans).
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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 constricted of permanent materials such as concrete or masonry, and
shall be of a modular design; wood shall not be permitted.
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 Plans set for all work within the
public right-of-way.
19. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved
by the City Engineer in writing.
20. Full frontage improvements are required for all new development. All streets must show
sidewalks on both sides.
21. 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.
22. 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.
23. 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.
24. 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.
25. A minimum of one exterior monument shall be set. Additional monuments can be required by
the City Engineer or City Surveyor as deemed necessary.
26. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced
or destroyed shall be replaced at the developer's sole expense.
27. 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.
28. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
29. The developer shall submit an estimate of the probable cost of developer-installed off-site
improvements with the Final map submittal.
30. The developer shall submit fees and bonds and enter into an improvement agreement prior to
Final Map recordation.
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31. In the event it is necessary to acquire offsite easements or street right-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.
32. 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 a part 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.
33. A current Title Report shall be submitted for review to the City prior to Final map approval.
34. 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.
35. All lots shall drain to the street for storm drainage unless otherwise approved by the City
Engineer.
36. Improvement plans are required for all on-site and off-site improvements.
37. Submit a Hazardous Material clearance for any underground tank removal from the appropriate
agency.
38. 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.
39. The developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities
subject to the review and approval by the Engineering Division and the utility companies.
40. Storm and sewer lines in private streets shall be privately maintained unless approved by the
City Engineer in writing.
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41. 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.
42. If any portion of the project is located in a special flood hazard area, provide the following
statement in a bold box with minimum V4 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".
43. If any portion of the project contains recycled water facilities as shown in the South County
Recycled Water Master Plan, the facilities shall be installed at sole expense of the developer
prior to final or occupancy of the first building.
44. Documents creating a Homeowners Association, Conditions, Covenants and Restrictions and/or
property owner's Maintenance Agreement, the document shall be approved by the Planning
Division prior to the map being released for recordation.
45. 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.
46. All work shown on the improvement plans shall be inspected. Uninspected work shall be
removed as deemed appropriate by the City Engineer.
47. Once the tentative map is approved, the developer shall submit an 8-112 X ll-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.
48. Reimbursement is required for any frontage infrastructure including but not limited to curb,
gutter, sidewalk, storm, sewer, and water, constructed by others that benefits this development.
49. The permanent street name sign shall be installed immediately after the curb and gutter
construction is complete.
50. The developer/contractor shall make accessible any or all City utilities as directed by the City
Engineer.
51. Additional comments may be added at any time due to incomplete plans, plan changes and
mistakes, errors or omissions.
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Community Services Department (Todd Barreras 408-846-0460, todd.barreras@ci.gilroy.ca.us)
These conditions are subject to the review and approval of the Community Services Department.
52. Street trees shall be required according to the City's Consolidated Landscape Policy. Contact
the Community Services Department for requirements on placement, species and maintenance.
A street tree permit shall be obtained prior to obtaining a building permit.
Respectfull y,
William Faus
Planning Division Manager
bfaus@ci.gilroy.ca.us
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2008-05 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 3 rd day of March, 2008, 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 13th day of March, 2008.
Sha a Freels, CMC
City Clerk of the City of Gilroy
(Seal)