No preview available
Resolution 2016-17RESOLUTION NO. 2016-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING VESTING TENTATIVE MAP TM 15 -03 WREN AVENUE — GILROY UNIFIED SCHOOL DISTRICT (FORMER LAS ANIMAS ELEMENTARY SCHOOL) RESIDENTIAL PROJECT CREATING 70 SINGLE - FAMILY RESIDENTIAL LOTS, WITH 1.2 ACRES TO BE USED AS PRIVATE OPEN SPACE, AND 2.71 ACRES TO BE USED FOR PRIVATE STREETS AND PRIVATE DRIVES, LOCATED AT 8450 WREN AVENUE, APN 790 -25 -031; FILED BY CALATLANTIC HOMES WHEREAS, CalAtlantic (formerly Standard Pacific Homes) submitted an application requesting a tentative map to subdivide a 10.12 -acre site into 70 single family residential lots with 1.2 acres of private open space, and 2.71 acres of private streets and private drives (TM 15 -03); and WHEREAS, the subject property is located at 8450 Wren Avenue; and WHEREAS, TM 15 -03 was referred to various City departments, including the Technical Advisory Committee for recommendations; and WHEREAS, the Planning Commission has considered TM 15 -03 in accordance with the Gilroy General Plan, the Gilroy Zoning Ordinance, and other applicable standards and regulations; WHEREAS, the Planning Commission held a duly noticed public hearing on TM 15 -03 on February 18, 2016, at which public hearing the Planning Commission considered the proposed project, staff report, public comments and testimony, and all other documentation or other evidence received on TM 15 -03; and WHEREAS, the City Council has considered TM 15 -03 in accordance with the Gilroy General Plan, the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, the City Council held a duly noticed public hearing on TM 15 -03 on March 21, 2016, at which public hearing the Council considered TM 15 -03, the staff report, public comments and testimony, and all other documentation or other evidence received on TM 15 -03; and RESOLUTION NO. 2016-17 4813 - 9023 -26230 JH104706089 WHEREAS, the City Council finds: 1. As proposed, TM 15 -03 is consistent with the intent of the goals and policies of the City's General Plan. 2. The Planning Commission recommended City Council approval of a general plan amendment (GPA 15 -01); a zone change (Z 15 -07); and a Planned Unit Development zone change (Z 15 -06); and with these approvals, the tentative map would be consistent with the General Plan land use designation and Zoning Ordinance districts. 3. The proposed development is consistent with the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 4. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. 5. There will be no significant environmental impacts as a result of TM 15 -03 due to the required mitigation measures to be applied. NOW, THEREFORE, BE IT RESOLVED that: The City Council approves TM 15 -03 to be effective if, and only if, GPA 15 -01 Z 15- 06 and Z 15 -07 are adopted and in full force and effect; and 2. TM 15 -03 is subject to the following conditions: Note: The following abbreviations identify the City department or division responsible for determining compliance with these conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. An internal condition reference number is located at the end of each condition (e.g. G -1 or MND -S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks /Landscape Design CA City Attorney PL Planning Division CC Chemical Control Agency PW Public Works /Engineering FP Fire Prevention TR Traffic Division PD Police Department WW Wastewater /Source Control GENERAL PROJECT CONDITIONS 1. Approval of Tentative Map TM 15 -03 (hereinafter "this permit ") is granted for approved plans stamped as "Received on January 11, 2016" ( "the plans ") on file with the Planning Division. Build -out of the project shall conform to the plans, except as otherwise specified 4813-9023-26230 JH104706089 RESOLUTION NO. 2016 -17 6089 in these conditions. Any future adjustment or modification to the plans shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council. (PL, G -1) 2. Developer means permit applicant, property owner, operator, permitee, lessee, and /or tenants using the space(s) for the intended use(s). Developer shall comply with project conditions for the life of the project. (CA, G -2) 3. Developer agrees, as a condition of permit approval, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy ( "the City ") and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the 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. (CA, G -3) 4. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify 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. (CA, G -4) 5. 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. (PL, G- 5) 6. Prior to issuance of building permits, Developer shall correct all violations of the City Code, if any, existing on the project property for which the City has open cases. (PL/CE, G- 6) 7. 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 or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant. (CA, G -7) 8. Prior to occupancy, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. (BL, G -8) 9. 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, 4813-9023-26230 :1H104706089 6089 RESOLUTION NO. 2016 -17 signed and notarized document to the Community Development Director or designee. (PL, G -9) 10. Developer acknowledges that because of water limitations placed on the City by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and /or compliance with mandated water conservation or allocation plans. (PL /PW, G -10) 11. 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 or this permit shall prevail. (PL /CA, G -11) 12. An approved tentative map or vesting tentative map shall expire twenty -four (24) months from the approval date if the final map is not approved prior to expiration. (PL, G -12) 13. Approval of this permit is subject to approval of GPA 15 -01, Z 15 -07, and Z 15 -06. Should any of those application(s) be rescinded or not approved, this approval shall immediately become null and void. (PL, G -16) PLANNING DIVISION STANDARD CONDITIONS 14. Developer shall obtain necessary permits prior to initiating any new construction or modifications authorized under this approval, including but not limited to temporary construction trailers, temporary staging areas, model home sales offices, advertising signs of any kind, exterior and interior modifications. Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable. (PL /BL, PL -1) 15. Developer shall submit plans for building permit applications that include all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type (e.g. stucco with sand finish, plaster with smooth finish) to be used in construction. (PL, PL -2) 16. Developer shall submit plans for building permit applications that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision - maker. (PL, PL -3) 17. Prior to issuance of building permits, Developer shall provide to the Planning Division digital photos or copies of full -size colored elevations, color and material sample boards, perspective illustrations, and any other colored exhibit approved by the decision - maker. (PL, PL -4) 18. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking 4813-9023-26230 JH104706089 RESOLUTION NO. 2016 -17 6089 required by the City Code for the modified use. Such determination may require an adjustment or modification to this permit approval. (PL, PL -5) 19. Prior to issuance of grading permits, Developer shall submit a combined landscape and lighting plan to verify all project onsite lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL -6) 20. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is directed downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Developer shall recess or conceal any under -canopy lighting elements so they are not directly visible from any public area. Prior to issuance of building permits, Developer shall submit a lighting plan with details of the proposed fixtures and locations to the satisfaction of the Community Development Director or designee. (PL, PL- 7) 21. Developer agrees, as a permit of condition approval, that no sign advertising the development project or components thereof, including individual tenants or subdivisions, shall be installed or maintained onsite or offsite except as allowed and in conformance with an approved sign permit. (PL, PL -8) 22. Concurrent with or prior to an application for a grading permit, Developer shall apply for a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The grading permit will be issued only after payment of assessed fees and approval of the Habitat Plan permit. (PL, PL -9) 23. Prior to issuance of a grading permit, Developer shall present to the Community Development Director or designee, a receipt issued by Santa Clara County for full payment of the Santa Clara Valley Habitat Plan fees for associated with the proposed development. Such receipt shall be dated within six (6) months of the grading permit issuance date, or the fee amount may be reassessed and difference collected at the time of grading permit issuance. (PL, PL -10) 24. To minimize potential construction- related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site (PL /BL, PL -11): "During earth - moving, grading, and construction activities, Developer shall implement the following measures at the construction site: a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City- observed holidays; b. Locate stationary noise - generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; 4813-9023-26230 JH104706089 RESOLUTION NO. 2016 -17 6089 C. Construct sound walls or other noise reduction measures prior to developing the project site; d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize "quiet" models of air compressors and other stationary noise sources where technology exists; and g. Designate a "disturbance coordinator' who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem." 25. To minimize potential construction- related impacts to air quality, Developer shall include the following language on any grading, site work, and construction plans issued for the project site (PL/BL, PL -12): "During earth - moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site: a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered; c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified visible emissions evaluator; and h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations." 26. In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site (BL /PL, PL -13): "If archaeological or cultural resources are discovered during earth - moving, grading, or construction 4813-9023-26230 JH104706089 RESOLUTION NO. 2016 -17 6089 activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer's expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party." 27. In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans (BL/PL, PL -14): "If human remains are found during earth - moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if. a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified -by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner." 28. Developer shall install all roof and building rain gutters and downspouts, vents, and flashing to integrate as closely as possible with building design elements, including matching the color of the adjacent surface. (PL, PL -15) 29. Prior to issuance of building permits, Developer shall provide utility meters; mechanical equipment, mailboxes and address directories, placed in decorative cabinets and clustered for efficient access by residents and service persons. The final placement and design shall be to the satisfaction of the Community Development Director or designee. (PL, PL -16) 30. Prior to issuance of building permits, Developer shall provide screening of all mechanical equipment, post indicator valves, backflow prevention devices etc. All ground mounted utility appurtenances such as transformers shall not be visible from any public right -of -way and shall be adequately screened through the use or combination of concrete or masonry walls, berms, and landscaping. In addition to the above, backflow preventers shall be painted dark green, except the fire connection which shall be painted yellow. The final 4813-9023-26230 JH104706089 RESOLUTION NO. 2016 -17 6089 placement and design of these items shall be to the satisfaction of the Community Development Director or designee. (PL, PL -17) 31. Developer shall provide automatic garage door openers for all garages. All garage entries closer than 23 feet to the front property line shall be equipped with a sectional roll -up garage door. (PL, PL -18) 32. Prior to issuance of fine grading plans, Developer shall provide a minimum 9 -foot by 3 -foot level concrete pad for storage of three refuse containers in the side yard area or other location approved by the Community Development Director or designee that is out of view from the street. The storage location shall not be within the garage. Developer shall also provide for a paved path from the storage location to the pick -up area (typically the street) that does not require entering the garage. All gates or doors along the path shall be constructed with a minimum clear space of 36- inches to allow passage of the containers. (PL, PL -19) 33. Building additions and patio covers shall conform to the requirements of the R -1 zone district setbacks, or as otherwise approved by this permit. The design of such addition or patio cover shall match the materials and style of the residence. (PL, PL -20) 34. Prior to the close of escrow for each dwelling unit, Developer shall provide the buyer with a written guarantee that the exterior finishes of the dwelling unit will remain in good condition for at least five (5) years from the final building permit inspection and sign -off. Developer shall provide a copy of the guarantee to the City prior to final Planning Division inspection and sign -off. (PL, PL -21) 35. Prior to issuance of a Temporary Use Permit for the sales office and /or model home, Developer shall provide details as to the posting and of pertinent information and maps that may affect the subject project and adjacent properties. At minimum, the land plan for the overall development that shows all surrounding land uses and how the project integrates with theses surrounding uses shall be displayed and maintained in a prominent location. Additional resources might include the current General Plan and corresponding Land Use Map, and any specific plan associated with the project area. Developer shall include such details to the satisfaction of the Community Development Director or designee. (PL, PL- 22) 36. Prior to issuance of a Temporary Use Permit for the sales office and/or model home, Developer shall provide details of signage and written information to potential buyers that demonstrate the principles of water efficient landscapes described in the State MWELO. Developer shall provide such details to the satisfaction of the Community Development Director or designee. (PL, PL -23) 37. Light standards illuminating interior walkways shall be not more than eight (8) feet in height, and shall not intrude into the private living or patio areas. Light standards serving JH\04706089 3v1 RESOLUTION NO. 2016 -17 JH104706089 recreational areas held in common shall be no more than 15 feet in height, and shall be directed away from dwelling units. PL, PL -24) 38. Developer shall establish a Homeowners' Association (HOA) for the development. The HOA shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the CC &Rs for the development. (PL, PL -25) PLANNING DIVISION LANDSCAPING CONDITIONS 39. Prior to issuance of building permits, Developer shall identify landscaping or other screening method to protect glare from headlights on the subject property extending offsite. At the time of planting, such screening shall be maintained at or below three (3) feet if located in a required street frontage or front yard. Details of required screening shall be to the satisfaction of the Community Development Director or designee. (PL, PL -1) 40. Prior to issuance of building permits, Developer shall (as part of the irrigation system) include sensors that suspend or alter irrigation operation during unfavorable weather conditions (e.g. automatic rain shut -off devices). (PL, PL -2) 41. Prior to issuance of building permits or initiation of the proposed use, whichever comes first, Developer shall submit a completed Landscape Documentation Package, including a soil analysis /management report along with appropriate application review fees, to the Community Development Department, including required documentation for compliance verification, and obtain approval of such plans. (PL, PL -3) 42. As part of the Landscape Plan submittal, Developer shall not include any invasive plant species, such as those listed by the California Invasive Plant Council. (PL, PL -4) 43. As part of the Landscape Plan submittal, Developer shall clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil surfaces, as required by the State MWELO. (PL, PL -5) 44. Prior to issuance of building permits or initiation of the proposed use, whichever comes first, Developer shall submit a signed Certificate of Completion, along with all necessary supporting documentation and payment to the Community Development Department, for compliance verification of the landscape installation. (PL, PL -6) 45. Prior to issuance of certificate of occupancy or building permit final sign -off, Developer shall complete installation of all landscaping and irrigation in accordance with the approved plans. (PL/ PL -7) 46. Developer is required under MWELO to provide a copy of the approved Certificate of Completion to the property owner or his or her designee. Prior to completion of each build out phase of development, Developer shall provide the Community Development Director JH\04706089 3v1 RESOLUTION NO. 2016 -17 JH104706089 10 or designee a summary of each lot in that phase and timing of compliance with this requirement. (PL, PL -8) 47. For the life of the project, Developer shall maintain landscaping and irrigation in accordance with the approved plans, except as otherwise permitted or required by law. Significant changes to the number, placement, and selection of plant species may require a modification to this approval, to be determined by the Community Development Director or designee. (PL, PL -9) PLANNING DIVISION SPECIAL CONDITIONS 48. Developer shall specify in the HOA CC &Rs that garages will be available and used for parking vehicles. (PL, PL -35) 49. Developer shall install the public art in the HOA- maintained park prior to completion of the park. PLANNING DIVISION ENVIRONMENTAL CONDITIONS 50. Prior to improvement plan approval or building permit issuance, the following dust control measures shall be incorporated into all development permits for the proposed project, subject to the review and approval of the City of Gilroy Building Division: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered. c. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified visible emissions evaluator. h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. (BL, MND AQ -1) X04706089 3v1 RESOLUTION NO. 2016 -17 JH104706089 11 51. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): "If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." (PL, MND C -1) 52. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that the language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: "If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if. a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner." (PL, MND C -2) 53. The following mitigation measure shall be included in the design of the project: Provide a suitable form of forced -air mechanical ventilation, as determined by the City Building Department, for units located on Lots 1, 2, 16 -19, 30 -33, 46 -49, 69, and 70 so that windows can be kept closed at the occupant's discretion to control interior noise. (BL, MND N -1) 54. As part of normal City review and approval procedures for future projects the following measures shall be incorporated to mitigate construction noise, as determined feasible by the City Planning and Engineering divisions: a. Limit construction activity to weekdays between 7:00 am and 7:00 pm and Saturdays and between 9:00 am and 7:00 pm, with no construction on Sundays and City- observed holidays; b. Locate stationary noise - generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; and 4813-9023-26230 i1H104706089 RESOLUTION NO. 2016 -17 6089 12 c. Construct sound walls or other noise reduction measures prior to developing the project site. The following standard construction noise controls shall be implemented at the project site: d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize "quiet" models of air compressors and other stationary noise sources where technology exists; and g. Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. (PL /E, MND N -2) 55. Install a traffic signal at the Wren Avenue/Welburn Avenue intersection, as planned in the City's Traffic Circulation Master Plan (TCMP). This improvement includes signalizing the intersection, restriping all of the intersection approaches, and adding left -turn pockets on the east and west approaches. Additionally, 260 feet of parking would need to be removed on the east leg to accommodate the left -turn pocket. With implementation of these improvements, the overall intersection level of service would be improved from LOS F with all -way stop control to LOS C with signalization. These improvements (including the loss of parking) are shown in the City's TCMP, and are included in the City's Traffic Impact Fee Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvements such that the developer would be reimbursed for the cost of the traffic signal, less the project's fair -share contribution. (E, MND T -1) 56. Project developers shall design and implement the following improvements at the Wayland Lane and Welburn Avenue intersection, to the satisfaction of the City Engineer: a. Within the current right -of -way and without removing any parking, the work will include re- establishing the centerline stripe with a Caltrans MUTCD Detail 4 pattern; b. Provide an eastbound and westbound travel lane of no more than 12 -foot width using MUTCD Detail 27B white shoulder stripes on both sides of Welburn between Wren Avenue and Carmel Streets; c. Apply "sharrow" bike route markings about 50 feet beyond each street intersection (at center of travel lane), and at no less than 150 foot spacing in each travel direction; d. Complete re- application of the "All -Way Stop" markings and pavement legends at the Welburn/Wayland intersection. The existing stop signs will be upsized to 36 -inch stop signs, add "4 -way stop" advisory sign below stop sign, and include red reflective pole sleeves at each approach, employing the latest Caltrans MUTCD- listed reflective materials; e. Re - application of the marked crosswalks at Welburn/Wayland intersection; f. Re- application of the La Alondra Way, the Doris Court, and the Carmel Street stop bars and legends (5 locations); and g. Thermoplastic materials will be used for relevant markings, legends, and striping. (E, MND T -2) 4813-9023-26230 JH104706089 RESOLUTION NO. 2016 -17 6089 13 PUBLIC WORKS /ENGINEERING CONDITIONS 57. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications Standards Design Criteria and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off -site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy's Public Works Director /City Engineer. b. Until such time as the Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. c. The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 58. FEES a. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required at first building permit issuance. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy. Note that there will be a fee increase beginning 7/1/2016. b. At improvement plan submittal, Developer shall submit an estimate of the probable cost of improvements and shall pay 40% of the plan check and inspection fees. c. Prior to final map /improvement plan approval, Developer shall pay the remaining 60% of the plan check and inspection fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. 59. TRANSPORTATION a. Developer shall submit final photometric plans prior to first building permit issuance. b. Developer shall install all joint trench to have (4) dedicated 11/2" SCH 80 PVC conduit for City Fiber Optic need in a quad duct arrangement along its Wren Avenue. Quad duct shall be per City STD EL -11. c. Developer shall install all street light conduits as 2" SCH40 PVC per City Standard EL -1 and related pull boxes shall follow City Standard EL -14. d. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. e. Developer shall design driveway grades to keep the automobile from dragging or "bottoming out" on the street or driveway and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. 4813-9023-26230 JH104706089 RESOLUTION NO. 2016 -17 6089 14 f. Any work in the public right -of -way shall require a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be included in the Improvement Plans and shall be approved prior to grading permit issuance. 60. GRADING/DRAINAGE 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 Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination 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 (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to Improvement Plan/Final Map approval. b. All grading operations and soil compaction activities shall be per the approved project's geotechnical report that was prepared for the design of the project and shall be subject to the approval of the Public Works Director. 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's 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 the first building 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. 61. WATER CONSERVATION: The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California's Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 4813-9023-26230 JH104706089 RESOLUTION NO. 2016 -17 6089 15 b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. 62. WATER: The Developer shall perform field verification testing of the water system and will modify any part of the systems that does not perform to the standards established by the City. 63. UTILITIES a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. b. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. c. The Developer /Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. Improvement plans are required for all on -site and off -site improvements. The following items will need to be completed prior to first building permit submittal: i. 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. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG &E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and /or utility improvement plans. (All dry utilities shall be placed underground). ii. 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. iii. "Will Serve Letter" from each utility company for the subdivision shall be supplied to the City. f. Joint trench composite plans shall be approved prior to final map /improvement plan approval or as otherwise determined by the Public Works Director /City Engineer. g. A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. h. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer - signed and PG &E- approved original electrical plan. ii. 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. 4813-9023-26230 JFI104706089 RESOLUTION NO. 2016 -17 6089 16 64. NOTICING: At least one week prior to commencement of work, the Developer shall post at 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 Division, 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 action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 65. START OF CONTRUCTION: 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. 66. 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. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 67. WORK INSPECTION: All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 68. HAUL PERMIT: 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. 69. 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 Public Works Director, 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 Public Works Director. 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. 70. 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 4813-90 3v1 JH104706089 RESOLUTION NO. 2016 -17 6089 17 of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 71. STREET MAINTENANCE: It is the responsibility of the contractor 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. 72. 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 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. 73. MONUMENTS a. A minimum of one exterior monument shall beset. Additional monuments can 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 monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. c. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771. 74. GRADE CERTIFICATION: 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. 75. ACCEPTANCE OF IMPROVEMENTS: Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project 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. Specific Engineering Conditions 4813-9023-26230 JH104706089 RESOLUTION NO. 2016 -17 6089 18 76. TRANSPORTATION a. The Project shall comply with all the traffic mitigation measures identified in the project's Initial Study /MND Addendum. b. At improvement plan phase, show how the trench plans serve the streetlight connections and private open space bollard lighting connections. 77. STORMWATER: This project is subject to post - construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. At grading permit phase, submit the final Stormwater Management Plan and final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. b. At improvement plan phase, confirm that the bioretention basin locations shown on the Stormwater Control Plan match with the locations shown on the Landscape Plans. c. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of the first building permit, the Developer 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 and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City - standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This 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. iii. This Agreement shall also 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.. iv. 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. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City- approved plans. vi. 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. d. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. 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 4813-9023-26230 JM104706089 RESOLUTION NO. 2016 -17 6089 19 season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: a) Site address; b) Date and time of inspection; c) Name of the person conducting the inspection; d) List of stormwater facilities inspected; e) Condition of each stormwater facility inspected; f) Description of any needed maintenance or repairs; and g) As applicable, the need for site re- inspection. e. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1 st for the Fall report, and no later than March 15th of the following year for the Winter report. 78. WATER: At improvement plan phase, check valve layout shown on Wren Avenue (Sheet AS -PUD6) to see if valves are needed on Wren Avenue. POLICE DEPARTMENT CONDITIONS 79. Before City review and approval of final map, the applicant will provide a detailed photometric plan meeting the following lighting requirements: all street lighting shall comply with a 1.0 foot - candle (fc) standard and all parking areas shall comply with a 1.5 fc standard. FIRE MARSHAL CONDITIONS 80. Secondary access EVA's shall meet the Fire Department Apparatus support standards to the equivalent of a city street. The HOA shall maintain the-EVA's to the Fire Department Standard. This shall be included in the Final Map. If the EVA is found nonfunctional the HOA shall repair, modify or improve them to meet the Fire Department Apparatus needs. 81. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any building. Off site improvement plan shall provide Fire Hydrants per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials. 82. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. At a minimum the off site improvement plan shall provide 1.5 inch water laterals and 1" meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the purpose of Fire Sprinkler design. 83. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 ft shall be provided. Turning radius shall not be less than 32' inside and 39'. Fire Apparatus shall not be required to cross to the opposite side of a street as part of a turn on that street or onto another street. Dead end streets in shall be provided with a cul -de -sac of 78'diameter unless they qualify for an exemption. 4813- 9023 -26230 RESOLUTION NO. 2016 -17 JH104706089 20 84. Condition: Road widths shall be as follows: a. Less than 28 ft., no parking on either side b. Less than 36 ft., no parking on one side. c. At or over 36 ft., parking not restricted 85. Where parking is restricted, curbs shall be painted red with the stencil FIRE LANE every 25 feet, or every 75 feet No Parking - Fire Lane signs shall be installed per MUTCD standard. Include curbing and/or signage details in the Off -Site improvement plans. Private roadway striping and/or signage shall be enforced and maintained by the HOA. 86. Street naming shall be done prior to off -site improvement plan and building plan submittal. Street A shall be named as two streets as the City Street naming policy does not provide for a street name to continue in a perpendicular route. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has begun. 87. Open Spaces, including storm water detention/retention basins, agricultural lots, landscaped and naturally vegetated areas shall have vegetation management to remove dead plants and debris, and to remove, disc or mow weeds during weed abatement season from April to November of each year. In HOA managed areas the HOA shall be responsible. For privately owned property it shall be performed by the property owner. PASSED AND ADOPTED this 21" day of March 2016 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: AULMAN, BRACCO, HARNEY, TUCKER, VELASCO and WOODWARD NONE LEROE -MUNOZ APP ED: Perry VyooLVvard, Mayor X04706089 3v1 RESOLUTION NO. 2016 -17 JH104706089 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2016 -17 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" day of March, 2016 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 22 "d dayof March, 2016. Shawna Freels, MMC City Clerk of the City of Gilroy (Seal)