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Resolution 2017-09RESOLUTION NO. 2017-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ARCHITECTURAL AND SITE REVIEW AS 16 -32 TO ALLOW CONSTRUCTION OF A 73 -UNIT RESIDENTIAL PROJECT LOCATED SOUTH OF HECKER PASS HIGHWAY (STATE ROUTE 152) AT 2730 LONE OAK COURT AND ADOPTION OF THE HEARTLAND GARDENS MITIGATION MONITORING AND REPORTING PROGRAM; APN's 810- 20-022 AND 810 -20 -007 WHEREAS, Meritage Homes, submitted an application (AS 16 -32) requesting an Architectural and Site Review to approve the architectural and site design of the Heartland Gardens residential project; and WHEREAS, the subject property is located within the Hecker Pass Specific Plan area, south of Hecker Pass Highway (State Route 152) at 2730 Lone Oak Court (APNs 810 -20 -022 AND 810 -20- 007); and WHEREAS, application AS 16 -32 proposes a 73 -unit residential development for the area previously approved under tentative map applications TM 13 -09 (67 lots) and TM 05 -06B (six lots); and WHEREAS, said Architectural and Site Review application was referred to various city departments, including the Technical Advisory Committee, for recommendations; and WHEREAS, the project is consistent with applicable general plan, specific plan, and zoning designations; has no value as habitat for endangered, rare or threatened species; would not result in any significant effects relating to traffic, noise, air quality, or water quality; and can be adequately served by all required utilities and public services; and WHEREAS, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the Heartland Gardens project in compliance with the certified environmental impact report (EIR) for the Hecker Pass Specific Plan; and WHEREAS, on February 16, 2017, the Planning Commission of the City of Gilroy considered the MMRP and staff report, along with testimony received at the duly- noticed public hearing and other materials, and recommended City Council adoption of the MMRP and approval of architectural and site application AS 16 -32; and WHEREAS, on March 20, 2017, the City Council of the City of Gilroy considered the MMRP and staff report, along with testimony received at the duly- noticed public hearing and other materials; and WHEREAS, the City Council finds the Heartland Gardens MMRP conforms to the Hecker Pass Specific Plan EIR and elements thereof, and WHEREAS, the City Council finds that AS 16 -32 conforms to the City's General Plan, Gilroy Zoning Ordinance, and the Hecker Pass Specific Plan and elements thereof; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby adopts the Heartland Gardens MMRP attached hereto as Exhibit A and approves Architectural and Site application AS 16 -32, subject to the conditions attached hereto as Exhibit B. PASSED AND ADOPTED this 20th day of March, 2017 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS BRACCO, KLOECKER, LEROE- MUNOZ, TUCKER HARNEY, TOVAR AND VELASCO NONE APPROVED: Roland Velasco, Mayor RESOLUTION NO. 2017-09 ATTACHMENT A Heartland Gardens Subdivision and Architectural and Site Review #AS 16 -32 ( #16080034) Mitigation Monitoring Program Note: This mitigation monitoring program shall supersede any other mitigation monitoring program adopted for the project or project site. Introduction CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non - implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the Hecker Pass Specific Plan EIR. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the applicant is required to complete. These mitigation measures have been modified to be consistent with the Santa Clara Valley Habitat Plan, which was adopted after adoption of the mitigation monitoring program for the Hecker Pass Specific Plan. The attached checklist is for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the EIR, as modified. Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the Heartland Gardens subdivision. The monitoring program should be implemented as follows: RESOLUTION NO. 2017-09 The Gilroy Community Development Department is responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures; 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department; 3. The Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals; and 4. If a responsible individual or agency determines that a non - compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non- compliance and requiring compliance within a specified period of time. If non - compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. RESOLUTION NO. 2017-09 Heartland Gardens Mitigation Monitoring Checklist Step 1 Prior to issuance of a grading permit, the following mitigation measures shall be implemented: Mitigation Measure #4 The applicant shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the 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: • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • 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; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; • Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; • Replant vegetation in disturbed areas; • 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; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: RESOLUTION NO. 2017-09 Mitigation Measure #6 All future development within the specific plan area shall implement the following conditions to minimize disturbance to potentially significant cultural resources. Each 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 parry. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure #9 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 in compliance 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: RESOLUTION NO. 2017-09 Mitigation Measure 910 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure #23 To ensure the preservation of designated agricultural areas in perpetuity, permanent agricultural easements, deed restrictions, or other such instruments shall be created for each property in each agricultural area at the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which not map is required; or (b) prior to or concurrent with final and/or parcel map approvals. In this instance, the tentative map shall have this requirement as a condition of its approval, and that map shall generally describe the area to be restricted. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: Step 3 Prior to issuance of a building permit for the 75th dwelling unit within the Hecker Pass Specific Plan area, the following mitigation measures shall be implemented: Mitigation Measure #18 Prior to issuance of the 75th building permit within the Specific Plan area, 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 RESOLUTION NO. 2017-09 design subject to approval by the City Engineer in his/her 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 be made to the intersection of Santa Teresa Boulevard and First Street/Hecker Pass Highway to add vehicle detection for the second eastbound through lane. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure #19 Prior to issuance of the 75th building permit within the Specific Plan area, 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: Step 3 During construction, the following mitigation measures shall be implemented: Mitigation Measure #4 The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; 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; Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; RESOLUTION NO. 2017-09 • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; • Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; • Replant vegetation in disturbed areas; • 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; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Monitorinjz Notes: Mitigation Measure #6 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure #11 All noise generating construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays between 9:00 AM and 7:00 PM. No construction is allowed on RESOLUTION NO. 2017-09 10 Sundays or city holidays. In addition, temporary berms or noise attenuation barriers shall be utilized when necessary. This requirement shall be attached as a contractor work specification for all projects. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: RESOLUTION NO. 2017-09 11 ATTACHMENT B Heartland Gardens Architectural and Site Review #AS 16 -32 ( #16080034) Conditions of Approval 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 I 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 Architectural and Site Review (AS 16 -32) (hereinafter "this permit ") is granted for approved plans stamped as "Received on November 18, 2016" ( "the plans ") on file with the Planning Division. Build -out of the project shall conform to the plans, except as otherwise specified 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) RESOLUTION NO. 2017-09 12 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 waive to 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 tract acceptance, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping. (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, 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. Developer shall obtain building permits for the plans within one (1) year from the date of this permit approval. If such building permits are not received within the time frame, this permit shall automatically become null and void unless an extension of time is approved by the City. (PL, G -12) PLANNING DIVISION STANDARD CONDITIONS 13. 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 RESOLUTION NO. 2017-09 13 kind, exterior and interior modifications. Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable. (PLBL,PL -1) 14. 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) 15. 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) 16. 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) 17. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. Such determination may require an adjustment or modification to this permit approval. (PL, PL -5) 18. Prior to issuance of the first building permit, Developer shall submit complete landscape plans to ensure the site irrigation system does not conflict with site lighting. Landscape plans shall include details of the three vista points, including amenities (e.g. benches), and shall be subject to the final review and approval of the Planning Division. Landscape plans shall include guidelines for the linear park that prevent contamination of Uvas Creek and its associated riparian habitat by pesticides and fertilizers. All onsite and offsite lighting will be per an approved photometric study and approved joint trench plans. 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) 19. 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 -7) 20. 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 -8) 21. 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 associated with the proposed development. (PL, PL -9) RESOLUTION NO. 2017-09 14 22. Developer shall include the following language in all grading, site work, and construction plans (BL/PL, PL -10): "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." 23. 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 -11) 24. Per the approved Improvement and Landscape plans, 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 -12) 25. Per the approved Improvement and Landscape plans, 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 placement and design of these items shall be to the satisfaction of the Community Development Director or designee. (PL, PL -13) 26. Developer shall provide automatic garage doors and 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 -14) RESOLUTION NO. 2017-09 15 27. 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 -15) 28. Building additions and patio covers shall conform to the requirements of the Hecker Pass Specific Plan Residential zone district setbacks, or as otherwise allowed by the Gilroy City Code. The design of such addition or patio cover shall match the materials and style of the residence. 29. The use of wood good - neighbor fences and split -rail fencing along the sides of open space areas shall be subject to final review and approval of the Planning Manager as part of the building permit review. Fences shall be constructed in a manner consistent with the requirements of City Code Section 3 0.3 4 Fencing. (PL, PL -16) 30. Prior to issuance of a Temporary Use Permit for the sales office and/or model home, Developer shall provide details as to the posting 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 the Hecker Pass Specific Plan. Developer shall include such details to the satisfaction of the Community Development Director or designee. (PL, PL -17) 31. 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- 18) 32. 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 recreational areas held in common shall be no more than 15 feet in height, and shall be directed away from dwelling units. PL, PL -19) 33. Developer shall establish a Homeowners' Association (HOA) for the development. The HOA shall be responsible for the maintenance and enforcement of parking, private streets, solid walls adjacent to open space areas, gates /fencing at project entries, street lights, 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 -20) PLANNING LANDSCAPING CONDITIONS RESOLUTION NO. 2017-09 16 34. Prior to issuance of any building permits, Developer shall submit project landscape plans to incorporate replacement trees in kind for the eight significant trees that will be removed as part of the project. Replacement trees shall be provided at a ratio of 4 to 1. The species and location of the replacement trees is subject to the final approval of the City. (PL, PL -22) 35. 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). 36. As part of the building permit application, the applicant shall submit a complete landscape package in accordance with MWELO. The project's licensed landscape architect shall also stamp and sign the landscape plans and submit a signed affidavit verifying the landscape package complies with MWELO. A copy of the compliance affidavit form is available at http://www.cityofgilroy.org/DocumentCenter/HomeNiew/6056. 37. 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 or designee a summary of each lot in that phase and timing of compliance with this requirement. (PL, PL -29) 38. At a date to be determined, the Developer shall transfer responsibility to individual homeowners and/or the Homeowners Association (HOA) for the life of the project all maintenance of 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 -30) PLANNING DIVISION SPECIAL CONDITIONS 39. Per the Hecker Pass Specific Plan (HPSP), solid fencing next to open space (i.e., Lots 47, 48, 62, 63; Lots 25, 26, 34 and 70; and Lot 1 and 3) shall be limited to the extent needed for privacy, subject to the final review and approval of the Planning Manager.(PL, PL -31) 40. Except as expressly amended by this approval, project shall comply with all applicable prior approvals, including but not limited to the Hecker Pass Specific Plan (HPSP), and Tentative Maps (TM 05 -613, TM 13 -09). The prior Architectural and Site application associated with this property (AS 13 -27) is null and void. The mitigation monitoring program adopted for TM 13 -09 is superseded by the mitigation monitoring program adopted for this Architectural and Site application. (PL, PL -32) 41. The Conditions, Covenants, and Restrictions and homeowners association bylaws for the subdivision shall be submitted to and approved by the Public Works, Community Development, and Fire Departments prior to recordation of the Final Map. The CC &Rs and By -Laws shall RESOLUTION NO. 2017-09 17 include, but not be limited to, a statement that the private streets within the subdivision are to remain open and un -gated unless and until modification to street configuration at the entrances to the subdivision is approved by the City Planning Commission and installed by the homeowners association. (PL, PL -35) 42. The developer shall disclose to every future homebuyer that the Uvas Creek Park Preserve located south of this site will be developed with a trail that is open to the public. Proposed language for the disclosure shall be submitted to and approved by the Planning Division prior to issuance of any building permits for the subdivision. (PL, PL -36) 43. The developer shall disclose to every future homebuyer that active farming will occur on the agricultural lands within the Hecker Pass Specific Plan area, including but not limited to the adjacent agricultural property to the west. Proposed language for the right -to -farm disclosure shall be submitted to and approved by the Planning Division prior to issuance of any building permits for the subdivision. (HPSP Policy 5 -9 & 11) (PL, PL -38) 43a. An Integrated Agricultural Management Plan, as drafted by the owners of the adjacent agricultural property, shall be given to homebuyers at the time it is received by Developer. The Integrated Agricultural Management Plan will be referenced in the above mentioned right -to- farm disclosure. 44. Prior to the issuance of the 1st building permit, detailed plans for fencing of the agricultural area and Class I trails shall be submitted to and approved by the Public Works and Community Development Departments. (PL, PL -39) 45. The applicant shall install black, powder - coated Cobra lights along the private streets and the public street section of Lone Oak Lane. Maintenance and repair of the black, powder- coated Cobra lights shall be the responsibility of the applicant and/or Homeowner's Association. 46. The approximate 1.5 -acre park and Lemon Grass Lane shall be constructed as part of Phase 1 of the development. Completion of the park and Lemon Grass Lane shall occur prior to the building final of the 40th residential unit (Phase 1). PLANNING DIVISION ENVIRONMENTAL CONDITIONS 47. The project applicant shall specify in project plans the implementation of the following dust control measures during grading and construction activities. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Planning Division prior to issuance of a grading permit for the subdivision (Hecker Pass Specific Plan EIR Mitigation Measure #4) (PL, PL -40): (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; RESOLUTION NO. 2017-09 M (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; (I) 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 Limit the area subject to excavation, grading and other construction activity at any one time. 48. All future development within the specific plan area shall implement the following conditions to minimize disturbance to potentially significant cultural resources. Each of the following shall be made a condition of approval for grading and Building Permits (Hecker Pass Specific Plan EIR Mitigation Measure #6) (PL, PL -41): (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 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. (C) 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. 49. Prior to issuance of a grading permit, 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 in compliance 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. (Hecker Pass Specific Plan EIR Mitigation Measure #9) (PL, PL -42) RESOLUTION NO. 2017-09 19 50. 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. (Hecker Pass Specific Plan EIR Mitigation Measure #10) (PL, PL -43) 51. All noise generating construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM and to Saturdays between 9: 00 AM and 7: 00 PM. No construction is allowed on Sundays or city holidays. In addition, temporary berms or noise attenuation barriers shall be utilized when necessary. This requirement shall be attached as a contractor work specification for all projects. (Hecker Pass Specific Plan EIR Mitigation Measure #11) (PL, PL -44) 52. Prior to issuance of a grading permit for recreational improvements in or adjacent to the Uvas Creek riparian corridor, or construction adjacent to grassland habitat, a qualified biologist shall be retained to inform workers of potential presence of the special status species, their protected status, work boundaries, and measure to be implemented to avoid loss of these species during construction activities (PL, PL -45). 53. For any recreational improvements proposed in or adjacent to the Uvas Creek riparian corridor, which contains potential habitat for, western spadefoot toad, steelhead, yellow- breasted chat, and / or yellow warbler, construction related activities shall be conducted outside of the rainy season. The project proponent shall retain a qualified biologist to monitor construction activities occurring within 100 feet of the Uvas Creek riparian corridor. If any special status species are observed at the site, a qualified biologist shall salvage and relocate individual(s) to an appropriate area outside of the construction zone. Substantiation of compliance with this condition shall be submitted to and approved by the Planning Division prior to issuance of a grading permit (HPSP Policy 5 -43 — modified) (PL, PL -46). 54. Pre - construction surveys for protected birds shall be conducted for improvements or development proposed in or adjacent to potential nesting habitat ( i.e., riparian woodland) if development is proposed during the nesting and/or breeding season of loggerhead shrike generally February through June) or raptors (generally March through August). If any active nests are found within survey area, at the discretion of the biologist, clearing and construction within 250 feet shall be postponed or halted until nests are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting (HPSP Policy 5 -44). Substantiation of compliance with this condition shall be submitted to and approved by the Planning Division prior to issuance of a grading permit (PL, PL -47). GENERAL ENGINEERING CONDITIONS 55. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications and 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 RESOLUTION NO. 2017-09 20 current City Master Plan for streets, as approved by the City of Gilroy's Public Works Director /City Engineer (PW -1). 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 (PW -2). c. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements (PW -3). d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed (PW -4). 56. In the event it is necessary to acquire offsite easements or street right -of -way, the owner shall enter into an agreement with the City prior to Final Map approval agreeing to pay all condemnation costs, for dedication of all required easements or street right -of -way. This agreement shall be recorded and require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City (PW -5). 57. 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 7/1/2017 (PW -6). (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 (PW -7). (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 (PW -8). (D) The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy (PW -9). 58. TRANSPORTATION (A) Developer shall submit photometric plans prior to first building permit issuance (PW- 10). (B) Developer shall install all joint trench to have (4) dedicated 1 %2" SCH 80 PVC conduit for City Fiber Optic in a quad duct arrangement along Lone Oak Lane frontage. Quad duct shall be per City STD EL -12 (PW -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 (PW -12). (D) Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards (PW -13). (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 the 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 (PW -14). RESOLUTION NO. 2017-09 21 (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 (PW -15). (G) All temporary roads and detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing (PW -16). 59. 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 (October 15 through May 15), 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 Stormwater 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 (PW -17). (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 (PW -18). (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 (PW -19). 60. 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. RESOLUTION NO. 2017-09 22 (A) All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate (PW -20). (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 (PW -21). (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 (PW -22). 61. 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 (PW -23). 62. The developer shall provide connection to improvements needed to accommodate the future backbone infrastructure of the HPSP, including all wet and dry utilities, roadway construction, etc. (PW -24) 63. Recycled water facilities, as shown in the project's approved Improvement Plans, shall be installed at sole expense to the Developer. City issued reimbursements, if any, will be outlined in a Recycled Water Reimbursement Agreement, to be executed between the Developer and City. (PW -25). 64. Once this architectural and site review application is approved, the developer shall submit a 8- 1 /2 X 11 -inch site plan to the Engineering Division to assign addressing which shows the following: tract name and number, lot number, street names, property lines, right -of -way lines, north arrow and curb cuts for driveway (PW -26). 65. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete (PW -27). 66. UTILITIES (A) Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids (PW -28). (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 (PW -29). (C) The Developer /Contractor shall make accessible any or all City utilities as directed by the Public Works Director (PW -30). (D) Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director (PW -31). (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 RESOLUTION NO. 2017-09 23 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) (PW -32). 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 (PW -33). (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 (PW- 34). (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 (PW -35). (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 (PW- 36). 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 (PW -37). 67. MONUMENTS (A) A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary (PW -38). (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 (PW -39). (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 (PW -40). 68. 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 (PW -41). RESOLUTION NO. 2017-09 24 69. 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 (PW -42). 70. 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 (PW -43). 71. 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. (PW -44). 72. 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 (PW- 45). 73. 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 (PW -46). 74. 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 Public Works Director (§ 15.40.070) (PW -47). 75. 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 (PW -48). 76. 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 (PW -49). RESOLUTION NO. 2017-09 25 SPECIFIC ENGINEERING CONDITIONS 77. TRANSPORTATION: Typical Private Street sidewalk shall be minimum 5' wide (PW -50). 78. STORMWATER: This project is subject to post - construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. (A) 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, 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. The City - standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering (PW -51). 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 (PW -52). 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 (PW -53). 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 (PW -54). v. Any repairs or restoration/replacement and maintenance shall be in accordance with City- approved plans (PW -55). 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 (PW -56). (B) 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 (PW -57). 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 season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information (PW -58): a. Site address; b. Date and time of inspection; RESOLUTION NO. 2017-09 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. (C) 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 (PW -59). FIRE DEPARTMENT STANDARD CONDITIONS 79. 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) (FP -1). 80. Detached Accessory Dwelling Units shall have a path of travel (min 36" wide) to the street and shall be provided a separate address number. (This cannot be to the alley side of the property as the Fire Department responds via a street address) (FP -2). 81. All residential structures shall be provided with residential fire sprinklers (13d) including 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 or approved exterior cabinet. (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. (F) 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. The water - flow switch shall be wired to smoke alarms for interior notification. (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. (J) A fire flow test shall be obtained from the Fire Marshal and included in the sprinkler system design calculations. (K) Detached second units shall have a separate water lateral not less than 1.5 inches CPVC and provided with a separate water meter or as a separate line from the main water lateral prior to the existing structure. Second units shall not be provided with water service from the main residence (FP -3). 82. House numbers shall be clearly visible from the street. The following standards apply: (A) For Single family homes addressing shall be from the street that the front door faces and shall be visible from that street. If the house is recessed, obstructed or at an angle such RESOLUTION NO. 2017-09 27 that the front door is not visible from the street, an additional address sign shall be provided that is visible from the 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 (FP -4). 83. 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 (FP -5). 84. For gated communities, or gated EVA's or gates to more than two homes: Gates shall be electronically operated using the "Click to Open" TM system. A building permit shall be obtained for the gate installation. The gate shall also have Police and Fire KNOX key over -ride. The gate shall also be recessed from the roadway and a visitor turn out provided (FP -6). 85. Gates to two or fewer homes: Shall be provided with Fire and Police KNOX key access and be recessed (FP -7). 86. When streets are less than 36 feet in width parking restrictions as indicated below apply: For streets less than 36 feet wide (curb to curb) and greater or equal to 28 feet wide, one side shall be marked as a fire lane. Signage stating : "FIRE LANE - NO PARKING" or red curbing stenciled with "FIRE LANE" shall be provided in any areas longer than 8 feet, in cul de sacs and along the turning radius of the street (both sides). When using signage spacing shall be determined by the Traffic Engineer. When the street is less than 28 feet wide both sides shall be marked as above as FIRE LANES. Shared private access driveways that do not provide parking shall be provided with No Parking Signage and/or red curbing. Red curbing shall be maintained by the homeowners' association. A parking enforcement plan shall be implemented by the homeowners' association (FP -6). 87. Landscaping in the open space areas shall be maintained so as not to become a fire hazard. All dead and dry vegetation to be removed by May 15th each year and to be maintained until November (FP -7). 88. Egress Windows shall be provided on all sleeping rooms. A room that does not have a clearly defined use as a kitchen, closet, dining room, living/family room or study shall be considered a bedroom. Studies /libraries with closets shall be treated as bedrooms. Storage rooms that are provided with windows, and electrical outlets and are greater than 50 square feet may also be considered bedrooms if attached to a dwelling unit (FP -8). SPECIFIC FIRE DEPARTMENT CONDITIONS 89. Gate permit required before any construction takes place. The developer must acquire a Building Department permit for the construction of the gate. The `click to enter' capability and a Knox key shall be included as part of the submittal (FP -9). RESOLUTION NO. 2017-09 W 90. Prior to building permit, developer must address and propose solution to the lack of fire hydrant coverage in the area of lot 30 consistent with the City of Gilroy Amendments to the 2016 California Fire Code (FP -10). (End of Attachment B) RESOLUTION NO. 2017-09 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2017 -09 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 20`h day of March, 2017, 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 21" day of N14rch, 2017. ShawvfnWreels, MMC City Clerk of the City of Gilroy (Seal)