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Resolution No. 2022-11 | Approving TM 20-01 at 395 Lewis Street | Adopted 02/28/2022 RESOLUTION NO. 2022-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A TENTATIVE MAP TO SUBDIVIDE THE PROPERTY
LOCATED AT 395 LEWIS STREET (APN: 841-03-062) INTO FOUR
PARCELS (FILE NUMBER TM 20-01)
WHEREAS, on March 1, 2021 an application was resubmitted by Qui T. Son, of iMark
Designs proposing subdivision of a 1.05 acre site into four lots, located at 395 Lewis Street within
the City of Gilroy R1 Single-Family Residential zoning district (“Project”); and
WHEREAS, the application submittal was accepted as complete on June 25, 2021; and
WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040
General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all
of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines
as well as all sections required to be included in an EIR; and
WHEREAS, on November 30, 2021, an environmental checklist was prepared for the
Project to evaluate the impact categories covered in the City’s certified General Plan EIR to
determine whether the project’s impacts have been adequately analyzed in the EIR or whether any
new significant impacts peculiar to the project or project site would result; and
WHEREAS, the project has been deemed statutorily exempt from the California
Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21083.3 and State
CEQA Guidelines section 15183 (Projects Consistent with General Plan, Community Plan or
Zoning), and categorically exempt pursuant to CEQA Guidelines section 15315 (Class 15, Minor
Land Divisions); and
WHEREAS, the Planning Commission held a duly noticed public meeting on January 20,
2022, at which time the Planning Commission received and considered the staff report as well as
all evidence received including written and oral public testimony related to the project TM 20-01,
and whereas and by unanimous vote recommended to the City Council approval of project TM 20-
01; and
WHEREAS, the City Council held a duly noticed public meeting on February 2 8, 2022,
received and considered the staff report as well as all evidence received including written and oral
public testimony related to the project TM 20-01; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which the project approval is based is the City Clerk’s
Office.
DocuSign Envelope ID: 288A4CD3-A57E-474F-8BFB-70DEE8A8722A
Resolution No. 2022-11
Approving TM 20-01 at 395 Lewis Street
City Council Regular Meeting | February 28, 2022
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
hereby find as follows:
1. The proposed Tentative Map to subdivide the 1.05 acre property into four (4) new
residential lots is consistent with the intent of the goals and policies of the City's General
Plan and the residential density and uses anticipated within the General Plan Low
Density Residential land use designation.
2. The proposed development is consistent with the Zoning Ordinance and the City's
Subdivision and Land Development Code, and the State Subdivision Map Act given
that the size, shape and location of the property complies with all applicable codes and
ordinances.
3. Public utilities and infrastructure improvements needed in order to serve the proposed
project are in proximity to the site.
4. There will be no significant environmental impacts as a result of this project, which
qualifies for statutory and categorical exemptions from the California Environmental
Quality Act (CEQA).
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Gilroy hereby approves application TM 20-01, subject to the conditions included as Exhibit A:
PASSED AND ADOPTED this 28th day of February, 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUÑOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
___________________________
Thai Nam Pham, City Clerk
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RESOLUTION NO. 2022-11
Page 1 of 16
EXHIBIT A
CONDITIONS OF APPROVAL
TM 20-01
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 20-01 is granted to
subdivide a 1.05-acre site into four (4) single-family residential lots, located at 395 Lewis
Street (APN: 841-03-062) within the City of Gilroy R1 Single-Family Residential zoning
district as shown on the Parcel Map prepared by Carnes and Ekparian Inc Land Surveyors
for Qui T. Son, of iMark Designs, consisting of two (2) sheets, dated October 20, 2020 and
received by the Planning Division on March 1, 2021.
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, including any changes made
at time of building permit submittal, 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.
2. COMPLIANCE WITH CONDITIONS: 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.
3. INDEMNIFICATION: 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.
4. SIGNS: No signs are approved as part of this application. Prior to issuance of a sign permit
for this site, Developer shall propose well-designed, quality signs that comply with the
allowances of the City Code and are to the satisfaction of the Community Development
Director or designee.
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Conditions of Approval (TM 20-01)
5. SIGNAGE: All signage advertising the development project or components thereof,
including individual tenants or subdivisions, shall be installed or maintained onsite or offsite
as allowed and in conformance with an approved sign permit.
6. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the
drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98.
The following conditions shall be addressed prior to issuance of any BUILDING PERMIT,
GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise
specified in the condition.
7. CONDITIONS OF APPROVAL: On plans submitted for grading permit, developer shall
include a plan sheet(s) that includes a reproduction of all conditions of approval of this
permit, as adopted by the decision-maker.
8. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall submit a Habitat Permit application to the City of Gilroy. The application
shall consist of the application processing fee, Santa Clara Valley Habitat Plan Application
For Private Projects and Fees and Conditions Worksheet (available on the Santa Clara
Valley Habitat Agency website: https://www.scv-habitatagency.org/). A grading permit will
be issued only after approval of the Habitat Plan permit and payment of assessed fees.
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL
MAP, or other deadline as specified in the condition.
9. TENTATIVE MAP: An approved tentative parcel map, which shall expire twenty-four
(24) months from the approval date, may be extended pursuant to the provisions of the Map
Act.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.
10. CONSTRUCTION RELATED NOISE: 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
“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
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Conditions of Approval (TM 20-01)
receptors when sensitive receptors adjoin or are near a construction project area;
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.”
11. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction-
related impacts to air quality, Developer shall require all construction contractors to
implement the basic construction mitigation measures recommended by the Bay Area Air
Quality Management District (BAAQMD) and shall include the following language on any
grading, site work, and construction plans issued for the project site
“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 mile s 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
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EXHIBIT A RESOLUTION NO. 2022-11
Conditions of Approval (TM 20-01)
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.”
12. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the
Developer will ensure the contractor employs engineering controls and Best Management
Practices (BMPs) to minimize human exposure to potential contaminants. Engineering
controls and construction BMPs will include, but not be limited to, the following:
a. Contractor employees working on-site will be certified in OSHA’s 40-hour
Hazardous Waste Operations and Emergency Response (HAZWOPER) training;
b. Contractor will stockpile soil during development activities to allow for proper
characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor emissions
with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto
transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing winds;
and
f. Contractor will cover the bottom of excavated areas with sheeting when work is not
being performed.
13. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is
discovered during construction of the project, excavations within 50’ of the find shall be
temporarily halted or delayed until the discovery is examined by a qualified paleontologist,
in accordance with the Society of Vertebrate Paleontology standards. The City shall include
a standard inadvertent discovery clause in every construction contract to inform contractors
of this requirement. If the find is determined to be significant and if avoidance is not feasible,
the paleontologist shall design and carry out a data recovery plan consistent with the Society
of Vertebrate Paleontology standards.
14. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: 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:
“If archaeological or cultural resources are discovered during earth-moving, grading,
or construction 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,
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Conditions of Approval (TM 20-01)
appropriate mitigation measures shall be formulated by the professional
archaeologist and implemented by the responsible party.”
15. DISCOVERY OF HUMAN REMAINS: 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:
“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.”
ENGINEERING GENERAL CONDITIONS OF APPROVAL
1. GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line
types and labels to identify different type of utilities and pipe sizes. Clearly identify both
public and private utilities.
2. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved
Conditions of Approval.
3. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy
General Guidelines. A complete set of improvement plans shall consist of Civil site design,
landscape site design, Electrical, Joint Trench. Any walls or structural features part of the
landscape design shall also be included.
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4. GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities
(Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the
maintenance responsibilities of all facilities.
5. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local
agencies as required to construct the proposed improvements. A copy of these permits will
be provided prior to building permits.
6. GENERAL – Improvement plans are required for both on-site and off-site improvements.
A separate plan set for each shall be prepared, or at the approval of the City Engineer, onsite
and offsite sheets can be combined into one plan set.
7. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles
removed along the property frontage.
8. GENERAL - All existing public utilities shall be protected in place and if necessary
relocated as approved by the City Engineer. No permanent structure is permitted within City
easements without the approval of the City of Gilroy.
9. GENERAL - Prior to any work within public right of way or City easement, the developer
shall obtain an encroachment permit from the City.
10. GENERAL - All improvements shall be designed and constructed in accordance with the
City of Gilroy Municipal Code and Standard Specifications and Details, 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.
11. GENERAL - Prior to issuance of any building permits, developer shall submit for City
approval water, sewer and storm drain studies for the development. These studies shall
provide supporting hydraulic calculation for pipe sizing per City standard design guideline.
12. GENERAL - At first improvement plan submittal, developers engineer shall submit a
calculation for sanitary sewer and water generation per the City’s Master Plan design
criteria.
13. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and
Public Facilities Development Impact Fees. Latest City impact fee schedule is available on
the City’s website. Payment of Impact Fees is required at first permit issuance. Fees shall
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Conditions of Approval (TM 20-01)
be based on the current comprehensive fee schedule in effect at the time of fee payment,
consistent with and in accordance with City policy.
14. FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the
project engineer, subject to City Engineer approval. Cost estimate shall be broken out into
on-site and off-site improvements.
15. FEE - Prior to final plan approval, Developer shall pay 100% of the plan check and
processing fees and other related fees that the property is subject to, enter into a property
improvement agreement, and provide payment and performance bonds.
16. GRADING & DRAINAGE - 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 added to the grading plans prior to plan
approval.
17. GRADING & DRAINAGE - Prior to building permit issuance, the applicant’s Geotechnical
Engineer shall review the final grading, pavement design and drainage plans to ensure that
said designs are in accordance with their recommendations and the peer review comments.
The applicant’s Geotechnical engineer’s approval shall then be conveyed to the City either
by letter or by signing the plans.
18. GRADING & DRAINAGE - At first improvement plan submittal, the developer shall
submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer.
The SWMP shall analyze the existing and ultimate conditions and facilities, and the study
shall include all off-site tributary areas. Study and the design shall be in compliance with
the City’s Stormwater Management Guidance Manual (latest edition). Existing offsite
drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by
the development.
19. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical
elevation datum, date of survey, and surveyor.
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Conditions of Approval (TM 20-01)
20. GRADING & DRAINGE - Improvement and grading plans shall show existing topo and
features at least 50’ beyond the project boundary. Clearly show existing topo, label contour
elevations, drainage patterns, flow lines, slopes, and all other property encumbrances.
21. GRADING & DRAINAGE – Geotechnical Engineer to confirm infiltration rates by
conducting Double Ring Infiltrometer Testing with appropriate safety factors of all
stormwater detention and/or retention facilities.
22. PUBLIC IMPROVEMENTS – Prior to Parcel Map approval, developer shall execute a
property improvement agreement and post Payment and Performance bonds each for 100%
of cost for improvement with the City that shall secure the construction of the public
improvements. Insurance shall be provided per the terms of the agreement.
23. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing
improvements not designated for removal and all new improvements that are damaged or
removed because of developer's operations. Developer shall request a walk-through with
the Engineering Construction Inspector before the start of construction to verify existing
conditions.
24. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed
at the current hydrant meter rate.
25. CONSTRUCTION - The City shall be notified at least ten (10) 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.
26. CONSTRUCTION - 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.
27. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be
inspected. Uninspected work shall be removed as deemed appropriate by the Public Works
Director.
28. CONSTRUCTION - 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.
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29. CONSTRUCTION - 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.
30. CONSTRUCTION - At least one week prior to commencement of work, the Developer
shall post at the site and mail to the Engineering Division and to owners of property within
(300') three hundred feet of the exterior boundary of the project site 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.
31. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all
improvements shall be completed to the satisfaction of the Planning Director and City
Engineer.
32. TRANSPORTATION - 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 approved prior to the commencement of any work within the public right of
way.
33. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as
directed by the Public Works Director.
ENGINEERING PROJECT SPECIFIC CONDITIONS OF APPROVAL
34. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and
Public Facilities Development Impact Fees. The following are approximate impact fees
based on planning phase square footage and other information for Residential Low-Density
projects. Actual fees will be based on Final Design information.
a. Street Tree = $103
b. Storm Development = $593
c. Sewer Development = $50,004
d. Water Development = $17,176
e. Traffic Impact = $49,060
f. Public Facilities = $85,272
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Latest City impact fee schedule is available on the City’s website. Payment of Impact Fees
is required at first building permit issuance. Fees shall be based on the current
comprehensive fee schedule in effect at the time of fee payment, consistent with and in
accordance with City policy.
35. GENERAL – As part of Phase 1 of this project, a Parcel Map shall be completed to
subdivide all future lots. Said Parcel map will be presented to the City Council for review
and action. The City Council meeting will be scheduled approximately fifty (50) days after
the Parcel Map is deemed technically correct, and Subdivision Improvement Plans with
supporting documents, reports and agreements are approved by the City. Developer shall
dedicate necessary right of way and public easements for the project development.
36. GENERAL - The approved construction schedule shall be shared with Gilroy Unified
School District (GUSD) to avoid traffic impacts to surrounding school functions. An
approved construction information handout(s) shall also be provided to GUSD to share with
school parents.
37. TRANSPORTATION – Applicant shall obtain a review letter from Recology confirming
serviceability and site accessibility of solid waste pickup. Contact Lisa Patton, Operations
Manager 408-846-4421. Include Recology review letter with first building permit submittal.
38. GENERAL - A current Title Report dated within the last six months, shall be submitted
with the first submittal improvement plans. An existing site plan shall be submitted showing
all existing site conditions and title report easements. Includ e bearings and distances for all
Right of Way and Easements on the plans.
39. GENERAL - The Developer shall provide a “composite plan” showing Civil, Landscape,
Electrical, and Joint Trench design information (as a separate sheet titled “Composite Plan”)
to confirm that there are no conflicts.
40. GRADING & DRAINAGE - All grading operations and soil compaction activities shall be
per the approved project’s design level geotechnical report. All grading activities shall be
conducted under the observation of, and tested by, a licensed geotechnical engineer. A
report shall be filed with the City of Gilroy for each phase of construction, stating that all
grading activities were performed in conformance with the requirements of the project’s
geotechnical report. The developer shall add this condition to the general notes on the
grading plan.
41. GRADING & DRAINAGE – An elevation certificate per FEMA requirements must be
complete by a Land Surveyor or Civil Engineer prior to occupancy.
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42. PUBLIC IMPROVEMENTS – Prior to Parcel Map Approval, the developer shall obtain
design approval and bond for all necessary public improvements, including but not limited
to the following:
a. Pavement widening, striping, and signing along Chestnut St project frontage.
b. Construction of new curb, gutter, 6’ sidewalk, driveways, and ADA curb ramp along
Chestnut St. and Lewis St. project frontage.
c. The project is making new pavement cuts which reduces the City Pavement
Condition Index. The project shall grind and pave the limits shown on sheet C2 if
the improvement plans (Part of the Architectural and Site submittal) with a minimum
2.5” hot mix AC, and with pavement section dig-outs and repairs. Extent of the dig-
outs and repairs to be determined by the Developers Geotechnical Engineer and City
Engineer.
d. Installation of new City standard streetlights along project frontage. Final streetlight
locations shall be to the satisfaction of the City Engineer.
e. Storm drain line, laterals, and related facilities along project frontage.
f. Existing overhead utilities shall be undergrounded and related utility poles removed
along the property frontage and boundary. Underground the overhead lines that
currently cross Lewis St. No new overhead utility lines or poles will be allowed.
g. Removal of the existing underground utilities no longer being used along the project
frontage.
h. Water services and meters per City standards. Each water service shall have a
separate lateral from the main to each lot.
i. New Fire Hydrants along project frontage.
j. Sewer laterals, manholes, and related facilities. Sewer facilities cannot be aligned
through stormwater treatment facilities.
k. New trees along project frontage.
All improvements must be built to the city Engineer’s satisfaction, and accepted by the City
prior to issuance of any first certificate of occupancy for the project.
43. CONSTRUCTION - 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. St reets 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.
44. CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to
Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils
engineer to daily submit all testing and sampling and reports to the City Engineer.
45. TRANSPORTATION – At first plan submittal, developer shall submit on-site and off-site
photometric plans.
DocuSign Envelope ID: 288A4CD3-A57E-474F-8BFB-70DEE8A8722A
EXHIBIT A RESOLUTION NO. 2022-11
Conditions of Approval (TM 20-01)
46. TRANSPORTATION - At first plan submittal developer shall model all Emergency
Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be
prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis
software, all turning and street circulation movements.
47. UTILITIES – All new services to the development shall be "underground service" designed
and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone)
Company and local cable company regulations. Transformers and switch gear cabinets shall
be placed underground unless otherwise approved by the Planning Director and the City
Engineer. Underground utility plans must be submitted to the City prior to installation.
48. UTILITIES - The following items will need to be completed prior to first building permit
submittal:
a. The Developer shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and cables
including the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction structures as a
part of the Improvement Plan submittals for the project. 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).
b. 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.
c. Will Serve Letter” from each utility company for the subdivision shall be supplied
to the City.
49. UTILITIES - 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. The Joint consultant shall provide the City a separate “project utility composite plan”
showing all Civil, Landscape, electrical, and joint trench information to confirm that there
are no conflicts with joint trench plan utilities.
50. UTILITIES – Storm, sewer, and water lines in private areas shall be privately owned and
maintained. This should be noted on the title sheet of the project improvement plan.
51. UTILITIES - Prior to any construction of the dry utilities in the field, the following will
need to be supplied to the City:
a. A professional engineer signed original electrical plan.
b. A letter from the design Electrical or Civil Engineer that states the electrical plan
conforms to City codes and Standards, and to the approved improvement plans.
DocuSign Envelope ID: 288A4CD3-A57E-474F-8BFB-70DEE8A8722A
EXHIBIT A RESOLUTION NO. 2022-11
Conditions of Approval (TM 20-01)
52. UTILITIES - Sanitary sewer laterals located in driveways shall have traffic rated boxes and
lids.
53. UTILITIES - The Developer shall perform Fire Hydrant test to confirm water system will
adequately serve the development, and will modify any part of the systems that does not
perform to the standards established by the City. Developer shall coordinate with Fire
Department for the Fire Hydrant test.
54. UTILITIES - 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.
55. WATER QUALITY - Proposed development shall comply with state mandated regional
permits for both pre-construction and post-construction stormwater quality requirements per
chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the
following:
a. At first improvement plan submittal, project shall submit a design level Stormwater
Control Plan Report (in 8 ½ x 11 report format), to include background, summary,
and explanation of all aspects of stormwater management. Report shall also include
exhibits, tables, calculations, and all technical information supporting facts,
including but not limited to, exhibit of the proposed site conditions which clearly
delineates impervious and pervious areas on site. Provide a separate hatch or
shading for landscaping/pervious areas on-site including those areas that are not
bioretention areas. This stormwater control plan report format does not replace or is
not in lieu of any stormwater control plan sheet in improvement plans.
b. The stormwater control plan shall include a signed Performance Requirement
Certifications specified in the Stormwater Guidance Manual.
c. At developer’s sole expense, the stormwater control plan shall be submitted for
review by an independent third party accepted by the City for compliance. Result
of the peer review shall be included with the submittal for City evaluation.
d. Prior to plan approval, the Developer of the site shall enter into a formal written
Stormwater BMP Operation and Maintenance Agreement with the City, including
Exhibit A and Exhibit B.
i. 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
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EXHIBIT A RESOLUTION NO. 2022-11
Conditions of Approval (TM 20-01)
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) 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.
e. Stormwater BMP Operations and Maintenance Agreement shall include inspections
to 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 certified
third party QSP or QSD.
ii. Stormwater facility inspections shall be done at least twice per year, once in
Fall by October 1st, in preparation for the wet season, and once in Winter by
March 15th. Written records shall be kept of all inspections and shall include,
at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
f. Upon completion of each inspection, an inspection report shall be submitted to
Public Works Engineering no later than October 1st for the Fall report, and no later
than March 15th of the following year for the Winter report.
g. Before commencing any grading or construction activities, the developer shall
obtain a National Pollutant Discharge Elimination System (NPDES) permit and
provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources
Control Board.
56. WATER QUALITY - The developer is responsible for ensuring that all contractors are
aware of all storm water quality measures and implement such measures. Failure to comply
with the approved construction BMPs will result in the issuance of correction notices,
citations or a project stop order.
DocuSign Envelope ID: 288A4CD3-A57E-474F-8BFB-70DEE8A8722A
EXHIBIT A RESOLUTION NO. 2022-11
Conditions of Approval (TM 20-01)
57. WATER QUALITY - The developer shall secure a QSD or QSP to maintain all erosion
control and BMP measures during construction. The developers QSD or QSP shall provide
the City weekly inspection reports.
58. WATER QUALITY – Sequence of construction for all Post Construction Required facilities
(PCR’s) / stormwater facilities (bioswales, detention/retention basins, drain rock, etc.) shall
be done as a final phase of construction to prevent silting of facilities and reduce the
intended use of the facilities. Prior to final inspection, all stormwater facilities will be tested
by a certified QSP or QSD to meet the minimum design infiltration rate. All tests shall be
made at on 20 ft x 20ft grid pattern over the surface of the completed stormwater facility.
59. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management
water treatment plan.
60. MASTER PLANS - Confirm the project is in compliance with the City Master Plans.
Studies shall identify the development's effect on the City's present Master Plans and the
impact of this development to surrounding utility lines. If the results of the study indicate
that this development contributes to the over-capacity of the trunk line, developer will be
required to mitigate the impact by remove and replace or upsizing of the existing utilities.
61. PROJECT ACCEPTANCE – 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.
62. PROJECT ACCEPTANCE – 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.
63. PROJECT ACCEPTANCE – Prior to building occupancy, provide and obtain approval for
all of the items identified in the Public Works Department “Development Project Closeout”
list.
64. All project frontage improvements including pavement widening, grind and pave, curb &
gutter, sidewalk, driveways, ADA ramp, utilities, stormwater management facilities,
landscaping, etc. along Chestnut St and Lewis St shall be constructed in Phase 1 of this
project.
65. All stormwater facilities along Chestnut St located within the PSE shall be maintained by
the property owner. The City and property owner shall enter into a maintenance agreement
prior to Parcel map approval.
DocuSign Envelope ID: 288A4CD3-A57E-474F-8BFB-70DEE8A8722A
EXHIBIT A RESOLUTION NO. 2022-11
Conditions of Approval (TM 20-01)
66. All stormwater facilities for future lots shall be owned and maintained by the property
owner.
67. No private signage, poles, utilities, etc. allowed in PSE/PUE.
68. Construct new City standard storm drain drop inlet located near the north property
boundary.
69. Stormwater treatment shall occur behind the back of proposed sidewalk.
70. HIGH VISIBILITY CROSSWALKS – As agreed to at the February 28, 2022 City
Council meeting, the applicant shall install two (2) high visibility crosswalks of a material,
design and location approved by the City Engineer. The crosswalks shall be located:
a. East to West across Chestnut Street on the north side of its intersection with Lewis
Street.
b. North to South across Lewis Street on the east side of its intersection in alignment
with the Miller Slough bridge crossing.
The crosswalks shall be thermoplastic and comply with Caltrans Standards. Color and style
of the crosswalks shall be shown on the construction plans, and are subject to approval by
the City Engineer. New City Standard curb ramps shall be installed to provide access to the
new crosswalks. (PUBLIC WORKS)
DocuSign Envelope ID: 288A4CD3-A57E-474F-8BFB-70DEE8A8722A
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2022-11 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 held on Council
held Monday, February 28, 2022, 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 Monday, February 28, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)
DocuSign Envelope ID: 288A4CD3-A57E-474F-8BFB-70DEE8A8722A
