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Resolution 2015-25RESOLUTION NO. 2015-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ARCHITECTURAL AND SITE REVIEW A/S 14 -37, A PLANNED UNIT DEVELOPMENT ARCHITECTURAL AND SITE REVIEW TO ALLOW CONSTRUCTION OF THE HEARTLANDS ESTATES PHASE I PROJECT, APN 810 -21 -008. WHEREAS, Meritage Homes submitted an application requesting an architectural and site review to approve the architectural and site design of The Heartlands Estates Phase I project; and WHEREAS, the subject property is located at the southern portions of 1690 and 1750 Hecker Pass Road (APN 810 -21 -008); and WHEREAS, on June 2, 2015, the City Council of the City of Gilroy considered the architectural and site review request (A/S 14 -37), in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, the Gilroy City Council adopted an addendum to the certified Hecker Pass Specific Plan EIR in 2009 (City Council Resolution 2009 -32) that analyzed development of this site with 15 homes; and WHEREAS, no further environmental analysis is required for the development of Phase I; and WHEREAS, A/S 14 -37 application was referred to various city departments, including the Technical Advisory Committee, for recommendations; and WHEREAS, on April 2, 2015, the Planning Commission of the City of Gilroy considered the Staff Report dated April 2, 2015, along with testimony received at the duly- noticed public hearing and other materials; and WHEREAS, on June 2, 2015, the City Council of the City of Gilroy considered the Staff Report dated April 2, 2015, along with testimony received at the duly - noticed public hearing and other materials; and WHEREAS, the City Council finds that A/S 14 -37 conforms to the City's General Plan and elements thereof; and WHEREAS, the City Council finds that A/S 14 -37 conforms to the adopted Hecker Pass Specific Plan and elements thereof; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby approves A/S 14 -37, subject to the conditions attached hereto as Exhibit A. 4825- 7167- 1844v1 JH104706089 PASSED AND ADOPTED this 1St day of June 2015 by the following vote: AYES: COUNCILMEMBERS: BRACCO, LEROE- MUNOZ, TUCKER, VELASCO, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: AULMAN APPROVED: Donald Gage, Mayor ATTEST: SlrdwN a Freels, City Clerk 4825 - 7167- 1844vl RESOLUTION NO. 2015-25 JH104706089 i � � A/S 14 -37, The Heartland Estates Phase I Final Conditions of Approval GENERAL PROJECT CONDITIONS 1. Approval of architectural and site review application A/S 14 -37 is subject to approval of Zoning application Z 15 -04. 2. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. 3. This permit is granted for approved plans ( "the plans ") on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. 4. Developer means permit applicant, property owner, and /or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. 5. Developer shall obtain building permits for the plans within one (1) year from the date of this permit approval. If such buildings permits are not received within the time frame, this permit shall automatically become null and void. 6. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date_ Only timely requests may be considered pursuant to the City Code. 7. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. 8. Developer shall complete all required off -site and on -site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. 9. Developer agrees, as a condition of adoption of this resolution, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, EXHIBIT A A/S 14 -37, The Heartland Estates Phase I, Exhibit A Page 2 contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. 10. Any covenants, conditions, and restrictions (CC &Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC &Rs and the City Code or this permit, the City Code shall prevail, with the exception that deviations from the City Code specifically approved under this permit shall prevail. 11. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. 12. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation pursuant to the City Code. 13. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. PLANNING DIVISION STANDARD CONDITIONS 14. Applicant shall design and install landscaping and irrigation plans in accordance with the adopted Consolidated Landscaping Policy and the Landscaping Requirements of the City Code (Chapter 30, Section 38). 15. No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right -of -way. 16. All outdoor storage and loading areas must be screened from public view with a combination of landscaping, solid fencing, and building design and orientation. 17_ All backflow devices shall be painted an earth tone color, so that they blend with their surroundings, and shall be heavily landscaped. 18. All two -car garage areas must have dimensions of 20 feet wide by twenty feet long, clear of any obstructions, including water heaters, or other mechanical devices, and A/S 14 -37, The Heartland Estates Phase I, Exhibit A Page 3 door swings. This condition is subject to the review and approval of the Planning Division prior to building permit issuance. 19. The developer shall provide mailbox details prior to building permit issuance of the model homes. The mail boxes shall include decorative detailing, subject to Planning Division review and approval prior to building permit issuance. 20. The developer shall provide details of all walls and fencing proposed for this project, subject to the review and approval of the Planning Division, prior to building permit issuance. PLANNING DIVISION SPECIAL CONDITIONS 21. Individual project applicants shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Planning Division. The following measures shall be implemented at all construction sites (EIR MM -4): (A) Water all active construction areas at least twice daily; (B) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; (C) Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; (D) Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; (E) Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; (F) Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); (G) Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.) (H) Limit traffic speeds on unpaved roads to 15 mph; (1) Install sandbags or other erosion control measures to prevent silt runoff to public roadways; (J) Replant vegetation in disturbed areas; (K) Place a minimum of 100 linear feet of 6 to 8 -inch average diameter cobble at all exit points to dislodge and trap dirt from vehicle tires; (L) Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and (M) Limit the area subject to excavation, grading and other construction activity. 22. All future development within the specific plan area shall implement the following conditions to minimize disturbance to potentially significant cultural resources. Each A/S 14 -37, The Heartland Estates Phase I, Exhibit A Page 4 of the following shall be made a condition of approval for grading and Building Permits: (A) Developers of each project within the specific plan area shall contract with a qualified archaeologist to provide an archeological site assessment to determine the need for monitoring during grading and excavation activities. (B) If cultural resources or human remains are discovered during construction, work shall be halted at a minimum of 165 feet (50 meters) from the find and the area shall be staked off. The monitoring professional archaeologist, if one is on site, shall be notified. If a monitoring professional archaeologist is not on- site, the city shall be notified immediately and a qualified professional archaeologist shall be retained. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party. (EIR MM -6) 23. Prior to development of any property within the specific plan area, a Phase 1 Environmental Site Assessment shall be prepared in accordance with ASTM Standard(s) to identify whether past or existing uses of the project property may have adversely affected soil or groundwater, or would otherwise pose a health hazard during site development or habitation. If the Phase I assessment finds that past uses may have contaminated the site, a Phase 2 Site Assessment shall be prepared. If contamination is present, clean up and disposal of such contamination shall be incompliance with federal, state and local regulations governing the cleanup and disposal of hazardous waste. Results of the Phase 1 and, if needed, the Phase 2 assessment and cleanup shall be presented to and approved by the City of Gilroy Engineering Division prior to issuance of a building permit. (EIR MM- 9) 24. Any development (i.e. public recreational facilities) with foundations or support on the ground that is located within 50 feet (or the distance in effect at the time of application) of the Uvas Creek top of bank shall conform to requirements of the Santa Clara Valley Water District. (EIR MM -10) 25. Applicants for projects within the specific plan area shall be responsible for improving Hecker Pass Highway immediately west of Santa Teresa Boulevard to include a second westbound travel lane. The second westbound travel lane on Hecker Pass Highway, and the appropriate lane -drop taper consistent with Caltrans' Standards, should extend as far as possible beyond (west of) Santa Teresa Boulevard as can be accommodated within the existing public right -of -way, with the design subject to approval by the Public Works Director in his reasonable discretion. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the widening project. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. Traffic signal modifications should NS 14 -37, The Heartland Estates Phase I, Exhibit A Page 5 be made to the intersection of Santa Teresa Boulevard and First Street /Hecker Pass Highway to add vehicle for the second east -bound through lane. (EIR MM -18) 26. Applicants for projects within the specific plan area shall be responsible for shoulder improvements to Hecker Pass Highway, per Caltrans' standards, between Santa Teresa Boulevard and the easterly limits of the planned Caltrans Uvas Creek Bridge Improvement project. Applicants shall coordinate with the city of Gilroy Engineering Division to design and implement the shoulder improvements. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with state scenic highway guidelines. (EIR MM -19) 27. Applicants for individual projects within the specific plan area shall contribute traffic impact fees for future cumulative circulation improvements consistent with the requirements of the city of Gilroy citywide traffic impact fee ordinance. Fees shall be paid to the city prior to issuance of development permits. (EIR MM -20) 28. Storm water detention shall be designed to prevent an increase in the 2 -year, 10- year and 100 -year peak discharge for the project area. (EIR MM -22) 29. Prior to building permit issuance, the developer shall place a deed restriction on each lot within this subdivision limiting the homes to one story. This condition shall be subject to the review and approval of the Planning Division Manager. PUBLIC WORKS DEPARTMENT CONDITIONS 30. FEES. The developer shall pay all city and other related fees that the property is subject to. These fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment and in accordance with city policy. 31. WORKING HOURS. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. unless otherwise approved in writing by the City Engineer for general construction activity. No work shall be done on Sundays and City Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 32. ACCEPTANCE OF IMPROVEMENTS. Until such time as the Improvements are accepted by the City, the Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. Until such time as individual improvements are fully completed and accepted by the City, the Developer will be responsible for the care, maintenance of, and any damage to such Improvements. The City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, A/S 14 -37, The Heartland Estates Phase I, Exhibit A Page 6 happening or occurring to the work or Improvements specified prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. 33. START OF CONSTRUCTION. 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. 34. PRE CONSTRCUCTION. Prior to issuance of building permits, the developer is to have a pre- construction meeting with the City. 35. CONFORMANCE. The developer shall construct all work shown on the improvement plans in conformance with those plans, subject to the inspection by and approval of the Public Works Department. The contractor shall remove all uninspected work at the developer's /contractor's expense, as deemed appropriate by the City Engineer. 36. ENCROACHMENT PERMIT. The developer shall be required to obtain a City of Gilroy encroachment permit for all work (i.e. sidewalk, curb, gutter, driveway, roadway, alley, etc.) in the City right of way. 37. UTILITIES. No utility boxes are allowed to be constructed in the sidewalk without prior written approval by the City Engineer. 38. PRIVATE UTILITIES. Storm and sewer lines in private areas shall be privately maintained unless approved by the City Engineer in writing. 39. MONUMENTS. a. The developer shall set a minimum of one exterior monument. Additional monuments may be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work. Any City monuments damaged, displaced or destroyed shall be replaced at the developer's sole expense. 40. NOTICING. At least one week prior to commencement of work, the developer shall post the site and mail to owners of property within (300') three hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Department, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective A/S 14 -37, The Heartland Estates Phase I, Exhibit A Page 7 action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 41. FIRE FLOW. The developer shall demonstrate acceptable fire hydrant fire flow tests for the highest hydrant in each water pressure zone prior to acceptance of the public water system, phased production, or any building permit finals (add to general notes on Plan Title sheet). 42. FENCING. The developer shall provide security fencing, to the satisfaction of the City Engineer around the site during construction of the project. 43. PLANTING & IRRIGATION. The developer shall submit a conceptual planting and irrigation plan concurrent with the improvement plans requiring such improvements, subject to Planning and Engineering Division approval. 44. CONSTRUCTION STAGING. Contractor shall provide the City a construction staging plan prior to issuance of building permits for approval of the City Engineer and the City Traffic Engineer. 45. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design -level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as- built" letter /report prepared by the applicants' soils engineer and submitted to the City before final release of any occupancy permit is granted. 46. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 47. SITE PREPARATION. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all site preparation and fill construction meets the requirements of the geotechnical investigation. This shall be subject to review and approval by the Engineering Division. 48. GENERAL. All public improvements shall be made according to the latest adopted City Standard Drawings and the City Standard Specifications. All work shall conform to the applicable City ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and A/S 14 -37, The Heartland Estates Phase I, Exhibit A Page 8 materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the City performing the required maintenance at the developer's expense. 49. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing /building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, City standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions of NPDES Permit. 50. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the City Engineer, or at least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late - afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the City. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 51. GRADING. a. All grading activity shall address National Pollutant Discharge Elimination system ( NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices and A/S 14 -37, The Heartland Estates Phase I, Exhibit A Page 9 other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan ( SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on -site while the project is under construction. A Notice of Intent shall be filed with the Regional Water Quality Control Board, with a copy provided to the Engineering Department before a grading permit will be issued. b. All grading operations and soil compaction activities shall be per the approved project geotechnical report that was prepared for the design of the project and shall meet with the approval of the City Engineer. Site preparation and cut/fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all site preparation and cut/fill construction were performed in conformance with the requirements of the project geotechnical report. This shall be subject to review and approval by the Engineering Division. The developer shall add this condition to the general notes on the grading plan. c. Prior to issuance of any permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the City either by letter or by signing the plans. 52. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the City Engineer (§ 15.40.070). 53. SILT AND MUD. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City's storm drains. 54. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering A/S 14 -37, The Heartland Estates Phase I, Exhibit A Page 10 Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 55. SIDEWALK REPAIR. The developer shall repair and replace to existing City standards any sidewalk damaged now or during construction of this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per City Standard Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 56. CURB AND GUTTER. The developer shall repair and replace to existing City standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per City Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 57. TRAFFIC CONTROL PLANS. Any work in the public right -of -way shall require a signing and striping plan and a traffic control plan prepared by a California - licensed, professional engineer with experience in preparing such plans. This plan shall be reviewed by a licensed traffic engineer. Where proposed improvements are an extension of an existing street and /or "conform" to existing, adjacent improvements, signing and striping plans shall be overlaid on an existing, current aerial and shall encompass the minimum areas indicated in the City's current policy. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD 2012). 58. RETAINING WALLS. Any retaining wall in excess of 48 inches tall (from the bottom of the footing to the top of the wall or supporting a surcharge) will need to have a building permit and engineering calculations (submitted to the Building Department). 59. BMP O&M AGREEMENT. Stormwater BMP Operation and Maintenance Agreement shall be required. • Prior to the issuance of any building permit requiring stormwater management BMPs, the owner(s) of the site shall enter into a formal written stormwater BMP operation and maintenance agreement with the city. The city shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs (City standard STORMWATER BMP OPERATION AND MAINTENANCE AGREEMENT to be provided by Public Works Engineering). • The stormwater BMP operation and maintenance agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the city prior to the commencement of the proposed modification or maintenance activity. A/S 14 -37, The Heartland Estates Phase I, Exhibit A Page 11 The stormwater BMP operation and maintenance agreement shall provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and /or repair work and to recover the costs from the owner. 60. Stormwater BMP OPERATION, MAINTENANCE, AND REPLACEMENT. • All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired /replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the city. • Any repairs or restoration /replacement and maintenance shall be in accordance with city- approved plans. • The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved stormwater runoff management plan. 61. STORMWATER BMP INSPECTION • The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. • Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in fall, in preparation for the wet season, and once in winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: • Site address; • Date and time of inspection; • Name of the person conducting the inspection; • List of stormwater facilities inspected; • Condition of each stormwater facility inspected; • Description of any needed maintenance or repairs; and • As applicable, the need for site reinspection. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering. 62. RECORDS OF BMP MAINTENANCE AND INSPECTION. On or before April 15th of each year, the party responsible for the operation and maintenance of on -site stormwater management facilities under the BMP operation and maintenance agreement shall provide the City Engineer or designee with records of all inspections, maintenance and repairs.. FIRE MARSHAL CONDITIONS 63. Single Family Homes with a fenced yard shall have a gate that opens to a public way (or to an open yard that leads to a public way). A/S 14 -37, The Heartland Estates Phase I, Exhibit A Page 12 64. All residential structures shall be provided with residential fire sprinklers including detached garages. City standards include a) A 1 inch meter and 1.5 inch laterals shall be provided to each SFR. b) System to comply with NFPA 13D (2013) subject to inspection by the City. c) Riser shall be installed in the garage unless alternate approved by the Fire Marshal d) If the water supply to the home is not at the garage, water supply from point of entry to the riser shall be approved fire sprinkler line. e) All enclosed garages shall be provided with sprinkler protection. D At least 1 sprinkler of each type shall be present in the spare head box at final. g) An exterior bell /horn shall be installed on the bedroom side of the home. A horn device shall be provided for the interior living space . h) Each attic access shall be protected by a pilot head. The pilot head piping (CPVC) shall be provided with adequate insulation or be done with a copper riser. i) Sprinkler coverage shall be provided underneath stairwells when used as storage, closets or bathrooms (even if less than 55 sq ft). Concealed spaces used for storage in attics or crawl spaces that exceed 55 sq ft in area and 6 ft in height, shall be provided with sprinkler coverage. 65. An address shall be provided at building permit submittal. Building / House numbers shall be clearly visible from the street. Addressing shall be from the street that the front door faces and shall be visible from that street. All main address numbers shall be illuminated 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, and located at least 60 inches high from the ground. 66. Chimneys shall have spark arrestors installed. No permanent outdoor, wood -fired fireplaces /pits are allowed. Trees and tree branches shall not be within 10 feet of a chimney. POLICE DEPARTMENT CONDITIONS 67. The landscaping plan shall be revised to increase the visibility of pedestrians crossing Cobblestone Court near the intersection of Third Street. This condition shall be subject to the review and approval of the Police Department prior to building permit issuance. AJS 14 -37, The Heartland Estates Phase I, Exhibit A Page 13 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2015 -25 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 1" day of June, 2015 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 2nd day of June, 2015. `Shaw6a Freels, MMC City Clerk of the City of Gilroy (Seal)