Resolution 2008-16
RESOLUTION NO. 2008-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 07-10, A TENTATIVE MAP TO
CREATE A 14 PARCEL INDUSTRIAL SUBDIVISION, ON
APPROXIMATELY 7.34 ACRES LOCATED BETWEEN
FOREST STREET AND MURRAY AVENUE, SOUTH OF
KISHIMURA STREET, APN 835-01-059.
WHEREAS, Desmond Melia submitted application TM 07-10, requesting a tentative map
to create a 14 parcel industrial subdivision on approximately 7.34 acres ("the Project"), located
between Forest Street and Murray Avenue, f::>uth ofKishimura Street, APN 835-01-059; 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 ("Staff Report"), and all other documentation related to application
TM 07-10, and recommended that the City Council approve said application; and
WHEREAS, the California Environmental Quality Act ("CEQA"), CEQA Guidelines
Section 15183 provides an exemption from further environmental review for projects consistent
with a Community Plan, General Plan or Zoning; and
WHEREAS, an Environmental Impact Report ("EIR") was prepared for the City of
Gilroy in conjunction with the 2020 General Plan. The Final EIR was certified by the City
Council on June 13, 2002, and the City Council made the required findings for each significant
impact and adopted a Mitigation Monitoring Program and Statement of Overriding
Considerations with regard to each unavoidable significant impact; and
WHEREAS, as stated in the Staff Report dated December 28, 2007 ("Staff Report), this
Project is in compliance with the land uses studied in the 2020 General Plan EIR and the Zoning
District and existing industrial land that the General Plan studied for these parcels. There is no
substantial evidence that the proposed project varies from the adopted General Plan or the
certified EIR; and
WHEREAS, the City Council held duly noticed public hearings on February 25, 2008,
March 3, 2008 and April 7, 2008, at which time the City Council considered the public
testimony, the Staff Report, a supplemental staff report presented with the City Council agenda
for April 4, 2008, and all other documentation related to application TM 07-10; and
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WHEREAS, the applicant presented a revised tentative map configuration to the City
Council during its public hearing on March 3, 2008; and
WHEREAS, at its April 7, 2008, meeting, the City Council determined to conditionally
accept the revised tentative map configuration; 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:
1. Public utilities and infrastructure improvements needed to serve the Project are in
close proximity to the Project site.
2. The proposed Project IS consistent with the City's Zoning Ordinance and
Subdivision and Land Development Code, and with the State Subdivision Map Act.
3. The proposed Project is consistent with the intent of the goals and policies of the
General Plan and the land use designation for the property on the General Plan map (Industrial
Park).
4. The Project is consistent with current and future surrounding development.
5. There is no substantial evidence in the entire record that there will be any new
significant environmental impacts as a result of this Project due to the required mitigation
measures to be applied.
6. There are no facts to support the findings requmng denial of the proposed
tentative map pursuant to California Government Code section 66474.
B. Tentative Map TM 07-10 should be and hereby is approved, subject to the
conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 07-10,
CONDITIONS OF APPROV AL" dated April 10, 2008, which include the mitigation measures
set forth in the EIR, and an additional condition that, prior to any building permit submittal, the
Applicant must receive Architectural and Site Review approval for each of the industrial parcels.
II
II
PASSED AND ADOPTED this 21 8t day of April, 2008, by the following vote:
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AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN, TUCKER,
WOODWARD, and PINHEIRO
NONE
ABSENT: COUNCILMEMBERS: BRACCO
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APPROVED:
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EXHIBIT "A"
City of Gilroy
Community Development Department
Planning Division
7351 Rosanna Street
Gilroy, CA
(408) 846-0440
April 10, 2008
FILE NUMBER:
APPLICANT:
LOCATION:
TM 07-10 (07100024)
Forest Street Industrial Subd. I Desmond Melia, clo V. Sulie, (408) 241-4743
Between Forest Street and Murray Avenue, south of Kishimura Street.
TM 07-10~ CONDITIONS OF APPROVAL:
Plannin2 Division (William Faus 408-846-0440. bill.faus(Q),ci.2ilroy.ca.us)
These conditions are subject to the review and approval of the Planning Division.
1. Property sales transactions will disclose that City setback, landscaping, parking and site circulation
standards may restrict the size of the building that may be built, which will be determined at the
time of Architectural & Site Review application submittal.
2. 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.
3. Vector based e-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.
TM 07-10
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Community Services Department (Todd Barreras 408-846-0460. todd.barreras~ci.2i1rov.ca.us)
These conditions are subject to the review and approval of the Community Services Department.
4. 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.
Fire Marshal (J. Bretschneider at 846-0430. iacQueline.bretschneider~ci.2ilrov.ca.us)
These conditions are subject to the review and approval of the Fire Marshal.
5. Street Hydrants shall be spaced a minimum of every 300 ft. Hydrants to meet City Standard.
Hydrant locations to be included on improvement plans.
6. Each lot shall have its own private fire main tap to the city main and shall terminate at a Double
Detector Check Assembly at the property line. As an alternative, a looped private dedicated fire
main may be proposed. Show on improvement plans.
7. Dead end streets or roadways in excess of 150 ft feet shall provide a turn around that meets the
City Standard template. Roadways shall provide a minimum 20 feet of unobstructed travel for
Fire apparatus access. Vertical clearance of not less than 13.5 ft shall be provided. The turning
radius shall not be less than 32' inside and 39'. Parking along roadways shall be allowed as
follows:
a. 20 ft. no parking on either side
b. 28 ft. no parking on one side.
c. 36 ft parking not restricted.
d. For cul-de-sacs and turn-arounds no parking unless sized for 7 ft parking
space on all sides of the turn around.
8. Red striping shall be provided on all no-parking areas. Show on improvement plans.
9. Improvement plans showing the above to be reviewed and approved by the Fire Marshal.
En2ineerin2 Division (John Brice 408-846-0450. iohn.brice~ci.2ilrov.ca.us)
These conditions are subject to the review and approval of the Engineering Division.
[as attached in the "Conditions of Approval" dated April 9, 2008]
I, SHA WNA FREELS, City Clerk ofthe City of Gilroy, do hereby certify that the
attached Resolution No. 2008-16 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 21 st day of April, 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 6th day of June, 2008.
(Seal)