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Resolution No. 2022-22 | Approving TM 21-05; Palomino II Neighborhood | Adopted 04/18/2022 RESOLUTION NO. 2022-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TENTATIVE MAP TM 21-05, A SUBDIVISION OF A 2.88+/- ACRE SITE INTO FOUR COMPACT LOTS IN THE PALOMINO II NEIGHBORHOOD; ONE PARCEL FOR A DETENTION BASIN; AND ONE PRIVATE STREET ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CLUB DRIVE AND GRENACHE WAY (APN # 808-43-003), FILED BY FILICE FAMILY ESTATES, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020 WHEREAS, Filice Family Estates submitted an application requesting a tentative parcel map to subdivide an approximate 2.88+/- acre site into four Compact single-family lots in the Palomino II neighborhood; one parcel for a detention basin; and one private street; and; and WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan area, on Club Drive between Friedrich Place and Grenache Way, commonly known as the Palomino II neighborhood; and WHEREAS, the Planning Commission of the City of Gilroy has considered TM 21-05 in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, TM 21-05 was referred to various public utility companies and City departments, including the Technical Advisory Committee for recommendations; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan; and WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement; and WHEREAS, an environmental impact report (EIR) was prepared and certified for this site on November 7, 2005 as part of the review of application GPA 00-01; and WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA, as long as the project meets the requirements of that section, and City Staff has determined that the proposed residential subdivision meets the requirements of section 15182 such that no further environmental analysis is required by CEQA; and WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR; and WHEREAS, the City Council finds that the proposed residential subdivision meets the requirements of CEQA Guidelines section 15182 because: 1. The Gilroy City Council certified the Glen Loma Ranch Specific Plan Environmental DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 2 of 29 Impact Report (EIR) and adopted the Glen Loma Ranch Specific Plan on November 7, 2005; and 2. Tentative Map application TM 21-05 is a residential project implementing the approved Glen Loma Ranch Specific Plan; and 3. Tentative Map application TM 21-05 was undertaken pursuant to and in conformity with the approved Glen Loma Ranch Specific Plan. WHEREAS, the City Council finds that no additional CEQA analysis is required; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 10, 2022, at which time the Planning Commission considered the public testimony, the staff report dated March 10, 2022 (“Planning Commission Staff Report”), and all other documentation related to TM 21-05, and recommended that the City Council approve TM 21-05 with 130 conditions; and WHEREAS, the City Council held a duly noticed public hearing on April 18, 2022, at which time the City Council considered the public testimony, the staff report dated April 18, 2022 (“City Council Staff Report”), and all other documentation related to TM 21-05; and WHEREAS, the City Council finds that TM 21-05 conforms to the City's General Plan and elements thereof, including the “Glen Loma Ranch Specific Plan” and the “Neighborhood District Policy”; and NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I In order to deny the map, the Council would have to make one of the eight listed findings described in Government Code Section 66474 based upon substantial evidence in the record. The eight findings are listed below, along with an explanation for each one as to why the Council cannot make the finding: A. The proposed subdivision TM 21-05 is not consistent with applicable general and specific plans as specified in 65451. This Finding cannot be made. The proposed subdivision TM 21-05 is generally consistent with the goals and policies of the City’ General Plan, “Glen Loma Specific Plan” and the City’s “Neighborhood District Policy”; B. That the design or improvement of the proposed subdivision TM 21-05 is not consistent with applicable general and specific plans. This Finding cannot be made. The proposed subdivision TM 21-05 is generally consistent with the goals and policies of the City’ General Plan, “Glen Loma Specific Plan” and the Ci ty’s “Neighborhood District Policy.” C. That the site is not physically suitable for the type of development. DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 3 of 29 This Finding cannot be made. The site is physically suitable for this type of development because it is generally consistent with the City’s Zoning Ordinance, Subdivision and Land Development Code; D. That the site is not physically suitable for the proposed density of development. This Finding cannot be made. The site is physically suitable for this type of development because it is generally consistent with the City’s Zoning Ordinance, the goals and policies of the “Glen Loma Specific Plan” and the City’s “Neighborhood District Policy”; E. That the design of the proposed subdivision TM 21-05 or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. This Finding cannot be made. The design of the subdivision and the proposed improvements will not cause substantial environmental damage, or substantially injure fish or wildlife because the site is located within a developed urban context and is not in or adjacent to any sensitive habitat areas; F. That the design of the subdivision or type of improvements is likely to cause serious public health problems. This Finding cannot be made. The design of the proposed subdivision TM 21-05 will not cause serious public health problems because the site is located within an urban context and has access to urban services including sewer and water; and G. That the design of the proposed subdivision TM 21-05 or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. This Finding cannot be made. The design of the proposed subdivision TM 21-05 will not conflict with access easements because there are no known existing access easements encumbering this property. SECTION II The City Council of the City of Gilroy hereby approves TM 22-05, subject to the 130 conditions of approval set forth in Exhibit “A” attached hereto. PASSED AND ADOPTED this 18th day of April 2022, by the following roll call vote: DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 4 of 29 AYES: COUNCIL MEMBERS: BRACCO, LEROE-MUÑOZ, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: ARMENDARIZ, HILTON APPROVED: Marie Blankley, Mayor ATTEST: ___________________________ Thai Nam Pham, City Clerk DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 5 of 29 EXHIBIT A CONDITIONS OF APPROVAL TM 21-05 PLANNING CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1. APPROVED PROJECT: The approval for tentative map TM 21-05 is granted to subdivide an approximate 2.88+/- acre site into four Compact single-family lots in the Palomino II neighborhood; one parcel for a detention basin; and one private street on Assessor Parcel No. 808-43-003, as shown on Project Plans dated as received by the Planning Division on September 13, 2021 prepared by Ruggeri-Jensen-Azar for the Glen Loma Corporation, dated August 2021, and consisting of six sheets. 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 improvement plan 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. 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. 3. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein 4. 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. Mitigation Measures. The following MITIGATION MEASURES, which are contained within the Glen Loma Ranch Specific Plan EIR and EIR addendum, prepared pursuant to the California DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 6 of 29 Environmental Quality Act, and as modified based upon changes in applicable regulations, are included as conditions of approval. 5. All EIR mitigation measures would need to be implemented prior to submittal of the parcel map submitted pursuant to this requested tentative map approval. 6. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 3): 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; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: • 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; and • Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; • 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. DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 7 of 29 7. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required (corresponds to EIR Mitigation Measure 5). 8. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre- construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist (corresponds to EIR Mitigation Measure 6). 9. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site’s drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following (corresponds to EIR Mitigation Measure 8): • Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on-site revegetation with locally- obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on- DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 8 of 29 site at a minimum 3:1 replacement ratio. 10. Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally-obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on-site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on-site oak woodland at a ratio of 3:1 and replanting on-site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game (corresponds to EIR Mitigation Measure 9). 11. Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak/riparian woodland habitat (corresponds to EIR Mitigation Measure 10). 12. Prior to issuance of grading and/or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek (corresponds to EIR Mitigation Measure 13). 13. Prior to issuance of grading and/or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non-native, invasive plant species (corresponds to EIR Mitigation Measure 14). 14. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas (corresponds to EIR Mitigation Measure 16). DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 9 of 29 15. Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 17). 16. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete (corresponds to EIR Mitigation Measure 19). 17. Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits (corresponds to EIR Mitigation Measure 20). 18. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits (corresponds to EIR Mitigation Measure 21). 19. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water “Best Management Practices” to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project (corresponds to EIR Mitigation Measure 24). 20. The project applicant shall submit plans for review by, and obtain an approved permit from, the Santa Clara Valley Water District for any work that requires a permit from the water district (corresponds to EIR Mitigation Measure 25). 21. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post- construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable (corresponds to EIR Mitigation Measure 26). DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 10 of 29 22. Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 28): a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine-driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and c. Stationary noise-generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. 23. Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes (corresponds to EIR Mitigation Measure 34). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. 24. Add a northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II (corresponds to EIR Mitigation Measure 35). 25. Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection (corresponds to EIR Mitigation Measure 37). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 26. Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left-turn lanes (corresponds to EIR Mitigation Measure 39). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. One option would be to only add the northbound left-turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 11 of 29 acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left-turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions. 27. If the Thomas Road/Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours (corresponds to EIR Mitigation Measure 41). OR If the Thomas Road/Luchessa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 28. Add second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection (corresponds to EIR Mitigation Measure 43). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 29. Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard (corresponds to EIR Mitigation Measure 44). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 30. Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single-family and multi-family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies (corresponds to EIR Mitigation Measure 50). DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 12 of 29 31. The Glen Loma Ranch Homeowner’s Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season. This language shall be included in the HOA conditions, covenants, and restrictions (corresponds to EIR Mitigation Measure 52). The following conditions shall be addressed prior to issuance of any GRADING PERMIT or IMPROVEMENT PLAN. 32. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval of this permit, as adopted by the City Council. The following conditions shall be met prior to tract acceptance. 33. ON- AND OFF-SITE IMPROVEMENTS: Prior to tract acceptance, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. 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. 34. TENTATIVE MAP: The approved tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Subdivision Map Act and Gilroy City Code section 21.41 (i), if the final map is not approved prior to expiration. 35. HOMEOWNERS’ ASSOCATION: Developer shall establish Homeowners’ Associations (HOA) for the Palomino II neighborhood or annex this neighborhood into the existing Glen Loma Ranch HOA. The HOA shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the Covenants, Conditions, and Restrictions (CC&Rs) for the development. The City shall review all CC&Rs prior to recordation. 36. COVENANTS, CONDITIONS, AND RESTRICTIONS: 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. The following conditions shall be complied with AT ALL TIMES DURING THE DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 13 of 29 CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition. 37. 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 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.” 38. 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 miles per hour; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 14 of 29 possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator; and h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.” 39. 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. 40. 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. 41. 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 DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 15 of 29 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, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party.” 42. 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 CONDITIONS 43. 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. DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 16 of 29 44. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval. 45. 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. 46. 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. 47. 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 for that phase/tract. 48. GENERAL – Improvement plans are required for both on-site and off-site improvements. 49. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage 50. 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. 51. GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City. 52. 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. DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 17 of 29 53. 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. 54. GENERAL - At first improvement plan submittal, developer’s engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria. 55. 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 development impact fees will be required for each unit prior to permit issuance and 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. 56. 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. 57. FEE - Prior to Parcel map 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 each for 100% of the cost for improvements with the City that shall secure the construction of the improvements. Insurance shall be provided per the terms of the agreement. 58. 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, DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 18 of 29 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. 59. 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. 60. 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. 61. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor. 62. GRADING & DRAINAGE - 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. 63. 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. 64. 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. 65. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing damaged 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. DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 19 of 29 66. CONSTRUCTION - 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 Valley Water’s municipal industrial rate. 67. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 68. 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. 69. 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. 70. 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. 71. 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. 72. 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. 73. 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 DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 20 of 29 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. 74. 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. 75. 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. 76. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL 77. 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 information for a Residential - High Density project. Actual fees will be based on Final Design information. i. Street Tree Development =$273 ii. Storm Development = $2,630 iii. Sewer Development = $27,868 iv. Water Development = $7,156 v. Traffic Impact = $40,964 vi. Public Facilities = $73,896 Latest City impact fee schedule is available on the City’s website. Payment of Impact Fees are required at each unit 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. 78. GENERAL - No building permits shall be issued until the Parcel Map is recorded. 79. 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. DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 21 of 29 80. 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. Include bearings and distances for all Right of Way and Easements on the plans. 81. 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. 82. GENERAL - At first submittal, developer shall provide a Geotechnical report that includes pavement section recommendations for all public and private street pavement sections. 83. 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 84. PUBLIC IMPROVEMENTS – All work in the public right of way, or for public use, shall require an encroachment permit issued by Public Works, and shall be contained in one set. Plans are to be submitted to Public Works for review and approval. 85. PUBLIC IMPROVEMENTS – Offsite improvement plans shall be completed per the Public Works Engineering Checklist found in the Public Works, Engineering, portion of the City’s website. Partial submittals shall not be accepted. Applicant shall make a pre-submittal appointment with the Public Work Land Development Section, to review that all submittal applications items are complete. 86. PUBLIC IMPROVEMENTS – Prior to Final Map Approval, the developer shall obtain design approval and bond for all necessary improvements. All improvements must be built to the city Engineer’s satisfaction prior to issuance of the last certificate of occupancy. 87. PUBLIC IMPROVEMENTS – At first plan submittal, provide all sight distance exhibits showing adequate sight distance. DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 22 of 29 88. PUBLIC IMPROVEMENTS - The developer shall microsurface Grenache Way and Club drive along project frontage prior to project acceptance. 89. 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. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. 90. 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. 91. CONSTRUCTION – Prior to Parcel Map approval, the Developer/Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Prospect, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weekly. 92. CONSTRUCTION - Grading operations between October 15 and April 15 will require a winterized grading and erosion control plan to be submitted to the Department of Public Works for approval. Grading activities will not be allowed unless the winterized grading permit is approved by Public Works. The plan shall include (at a minimum) the following items:  Specify the work to be conducted during the winter months with estimated number of working days to complete activity and the type of equipment to be used.  Provide a general schedule of the proposed work activities with a written narrative/description of work that includes the procedures for completing said work.  Show how the entire site will be protected “Winterized” from sediment erosion and transport and show how all exposed soil will be managed.  Show temporary sediment basins to be used for collecting stormwater. Sediment basins shall be sized appropriately and calculations shall be provided as part of the plan submittal.  Provide details of the temporary sediment basin’s erosions control measures such as sediment berms, Hydroseeding, and bank stabilization.  On a single plan sheet, show the entire site at an appropriate scale sufficient to make grading information legible with the location of temporary sediment basins, overland flow arrows indicating flow to the temporary sediment basins, and indicate the discharge locations. DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 23 of 29 93. CONSTRUCTION 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). 94. TRANSPORTATION – At first plan submittal, developer shall submit on-site and off- site photometric plans. 95. 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. 96. TRANSPORTATION – Applicant shall obtain a letter from Recology confirming serviceability and site accessibility of solid waste pickup, Contact Lisa Patton, Operations Manager 408-846-4421. Include Recology letter with first building permit submittal. 97. TRANSPORTATION - Developer shall design driveway grades to keep a standard design vehicle from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. 98. 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. 99. 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 DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 24 of 29 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. 100. 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. 101. UTILITIES – Storm and sewer lines in private streets shall be privately owned and maintained. This should be noted on the title sheet of the project improvement plan. 102. UTILITIES - 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 original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved improvement plans. 103. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 104. 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. 105. UTILITIES - The project shall fully compl y 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. 106. UTILTIES - All new mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 25 of 29 107. UTILITIES - Developer shall provide separate irrigation meter to serve this development’s common area landscaping. 108. UTILITIES - Water lines and related facilities within the proposed subdivision will be publicly owned and maintained. 109. 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 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. DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 26 of 29 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. 110. 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: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 27 of 29 111. 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. 112. 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. A maximum of 9 percolation tests shall be completed. 113. STORMWATER – All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. 114. STORMWATER – This project may be subject to an audit by the Central Coast Regional Board. City may be required to provide the project stormwater design and storm water management plan for Regional Board review and comment. The project may need to provide the Regional Board any and all necessary documents (including reports, technical data, plans, etc.) for the Regional Board approval. 115. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan. 116. LANDSAPING – The proposed landscaping along the project public street frontages are maintained by project HOA. Developer shall submit a separate exhibit showing all the HOA maintained landscape areas for Glen Loma Ranch that are within the public right-of-way. 117. MASTER PLANS - Confirm the project is in compliance with the City’s Utility Master Plans. Project utility calculations and reports shall identify conformance to the City's adopted Utility Master Plans. 118. PROJECT ACCEPTANCE – At first improvement plan submittal, plans must show current topographic survey including current improvements along all adjacent public and private streets. DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 28 of 29 119. 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. 120. 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 121. PROJECT ACCEPTANCE – Prior to project acceptance, developer shall submit for review and approval all of the items identified in the Public Works Department “Development Project Closeout” list. 122. PARCEL MAP - All parcel maps shall designate all common lots as lettered lots. The Parcel map should be clear on the limits of Public vs. Private (HOA) designations. 123. PARCEL MAP - Prior to Parcel map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. 124. PARCEL MAP –The Parcel Map shall be presented to the City Council for review and action. The City Council meeting will be scheduled approximately fifty (50) days after the Final 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. 125. Prior to Parcel Map Approval, the developer shall enter into a landscape maintenance agreement with the City for all related landscape and trails within the limits of the Glen Loma Ranch Specific Plan. This Agreement shall also include any landscape, road, and trail easements related Santa Teresa Blvd. A detailed map of all areas covered shall be approved by the City Engineer and the County of Santa Clara. DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 Resolution No. 2022-22 TM 21-05 City Council Regular Meeting | April 18, 2022 Page 29 of 29 126. GRADING & DRAINAGE – All cut and fill slopes along public right of way shall be 3:1 or flatter. 127. GRADING & DRAINAGE – Final grading shall achieve minimum 10’ from basin to the top of slope of any permanent structure (Fence, sidewalks, etc.) 128. GRADING & DRAINAGE – Maintain 2’ flat area adjacent to the back of walk, and 3:1 slope from top of basin to the flat area along the sidewalk at Club Drive and Grenache Way frontage. 129. GRADING & DRAINAGE – At final design, the basin shall have an all-weather surface (minimum 10’ wide) around the basin for year-round maintenance. 130. LANDSCAPING – The final landscaping design shall screen the basin from all sides and views from the public right of way. This may require multiple rows of landscaping. DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39 CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2022-22 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, April 18, 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, April 18, 2022. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal) DocuSign Envelope ID: 73B7F9F5-C31D-4659-8325-300D87FAEB39