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Resolution No. 2022-55 | Architectural and Site Permit Four Unit Townhome | Adopted 08/01/2022 RESOLUTION NO. 2022-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN ARCHITECTURAL AND SITE REVIEW PERMIT TO ALLOW CONSTRUCTION OF A FOUR (4) UNIT TOWNHOME DEVELOPMENT FOLLOWING APPROVAL OF TENTATIVE MAP FILE NUMBER TM 21-03 TO SUBDIVIDE PROPERTY LOCATED ON GURRIES DRIVE (APN: 790-35-038, 039, & 054) INTO A TOTAL OF FOUR (4) PARCELS (FILE NUMBER AS 21-14) WHEREAS, on July 22, 2021 an application was submitted by El Encanto III LLC requesting architectural and site review for a proposed four-unit townhome development following subdivision of a 8,256 square foot site into four lots, located on Gurries Drive (APN: 790-35-038, 039, & 054) within the City of Gilroy R3 Medium Density Residential zoning district (“Project”); and WHEREAS, the application was resubmitted on May 11, 2022 and accepted as complete on May 11, 2022; 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, the project has been determined to be exempt from the California Environmental Quality Act (CEQA) under a Statutory Exemption pursuant to Public Resources Code section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General Plan, Community Plan or Zoning). Public Resources Code Section 21083.3 allows a lead agency to avoid repeating analyses that were already provided in a certified General P lan EIR and where projects are zoned to accommodate a particular density of development; and WHEREAS, the Planning Commission held a duly noticed public meeting on July 7, 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 AS 21-14; and WHEREAS, the Planning Commission of the City of Gilroy determined that the proposed Architectural and Site Review (AS 21-14) meets the findings for approval and recommended the City Council approve AS 21-14, subject to the Conditions of approval attached hereto as Exhibit A.; and WHEREAS, the City Council held a duly noticed public meeting on August 1, 2022, received and considered the staff report as well as all evidence received including written and oral public testimony related to the project AS 21-14; 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: 24E14712-F39D-4025-B281-739C22DF1CEB Resolution No. 2022-55 Architectural and Site Permit Four Unit Townhome City Council Regular Meeting | August 1, 2022 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby find as follows: 1. The proposed development is permitted and in conformance with the Gilroy Zoning Ordinance development standards including height, parking and landscaping, and other adopted policies of the City of Gilroy. The applicant is requesting a deviation from the required setbacks for the R3 zoning District, as part of their Planned Unit Development application. 2. The proposed development would be consistent with all applicable goals and policies of the Gilroy General Plan in that townhomes are an allowed use pursuant to the General Plan Medium Density land use designation. 3. The proposed development would not impair the integrity and character of the area surrounding and in the vicinity of the subject property given that the project has been designed to comply with the City’s Multi-family Residential Objective Design Standards. 4. The subject site would be served by streets and highways adequate in width and structure to carry the kind and quantity of traffic such use will generate. 5. The subject site would be provided with adequate sewage, water, fire protection and storm drainage facilities. 6. The proposed development/use will not adversely affect or be materially detrimental to the adjacent uses, buildings or structure or to the public health, safety or general welfare, given that the project would require a building permit and has been designed to comply with all applicable city development standards. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Gilroy hereby approves application AS 21-14, subject to the conditions included as Exhibit A. DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Resolution No. 2022-55 Architectural and Site Permit Four Unit Townhome City Council Regular Meeting | August 1, 2022 Page 3 of 3 PASSED AND ADOPTED this 1st day of August, 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON, LEROE-MUÑOZ, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB EXHIBIT A CONDITIONS OF APPROVAL TM 21-03 PLANNING CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 21-03 is granted to adjust the lot lines and subdivide three (3) parcels on Gurries Drive (APN: 790-35-038, 039, & 054) into a total of four (4) parcels within the City of Gilroy R3 Medium Density Residential zoning district as shown on the Parcel Map prepared by HANNA-BRUNETTI for El Encanto III LLC, consisting of one (1) sheet, dated November 2021 and received by the Planning Division on February 11, 2022. 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. DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 2 of 27 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 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 DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 3 of 27 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 miles per hour; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator; and h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.” DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 4 of 27 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, 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: DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 5 of 27 “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.” PUBLIC WORKS CONDITIONS OF APPROVAL The following conditions authorize the specific terms and are a part of the project ENTITLEMENT(S); and which shall be addressed on the construction plans submitted for any BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be satisfied prior to issuance of whichever permit is issued first, or if another deadline is specified in a condition, at that time. 16. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the time of first improvement plan submittal, the applicant shall submit a $10,000 (Ten Thousand Dollar) initial deposit for project plan check and construction inspection. This deposit will be credited/accounted toward final plan check and inspection fee for the project. In addition, the applicant shall submit a detailed project cost estimate prepared by the project engineer, to approval of the City Engineer, with the initial project plan submittal. The cost estimate shall be broken out into on-site and off-site improvements. Prior to plan approval, the applicant shall pay 100% of the plan check and inspection fee based on the approved project cost estimate. Public Works will not sign-off on the issuance of the project building permit without full payment of this plan check and inspection fee. (PUBLIC WORKS). 17. PLAN SUBMITTAL: The Engineering project plans shall be submitted, in full, with the DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 6 of 27 building permit plans. Improvement plans are required for both on-site and off- site improvements, and the improvement plan set cover sheet shall include an index referencing on-site and off-site improvements. All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details and are subject to all laws of the City of Gilroy by reference. The improvement plans shall include all improvements per the Public Works Site Improvement Plan Checklist. (PUBLIC WORKS). 18. UTILITY PLANS: A utility plan shall be provided for all projects as specified within these conditions of approval. To ensure coordination between the applicant and the relevant utility company: a. The applicant 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 applicant shall negotiate any necessary right-of-way or easement with PG&E, or any other utilities, subject to the review and approval by the Engineering Division and the utility companies. c. A “Will Serve Letter” shall be provided for each utility company expected to service the subdivision. Early coordination with the utility companies is necessary to obtain this letter. Coordination of City utilities shall be through the Engineering Division. 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. (PUBLIC WORKS) 19. UTILITY RESPONSIBILITIES: Storm and sewer utilities in private areas shall be privately owned and privately maintained. The water system in Gilroy is owned and maintained by the City. Conversely, public utilities within utility easements on private property remain the responsibility of the individual utility companies to maintain. The plans shall note the inspection, ownership and maintenance responsibility for each utility shown on the plans within a Table of Responsibilities on the project cover sheet of the improvement plans submitted with the initial plan submittal. The table shall include the list of streets, the responsible party for inspection of the improvements, who is responsible for the ownership of the utility, and who is responsible for the maintenance of the utility. An example of this table, including the types of utilities to be listed, can be provided by the Engineering Division upon request. (PUBLIC WORKS) 20. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be prepared by a registered professional engineer experienced in preparing these types of plans. The applicant shall submit, with the improvement plans submitted with the initial plan submittal, a letter from the design Electrical or Civil Engineer that states the electrical DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 7 of 27 plan conform to City Codes and Standards, and to the approved improvement plans. The letter shall be signed and stamped by the professional engineer that prepares the improvement plans. (PUBLIC WORKS) 21. EXISTING FACILITIES PROTECTION: 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. (PUBLIC WORKS) 22. STORMWATER QUALITY: Project design shall comply with the Stormwater Management Guidance Manual for Low Impact Development & Post-Construction Requirements. The applicant shall submit the Source Control Checklist as well as the appropriate Performance Requirements Checklist found in Appendix A of the manual at the time of the initial submittal for building permit. The manual can be found at the following site: www.cityofgilroy.org/261/Storm-Water-Management (PUBLIC WORKS) 23. DEVELOPER STORMWATER QUALITY RESPONSIBILITY: 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. (PUBLIC WORKS) 24. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all construction activities in accordance with Gilroy Municipal Code Section 27C, Municipal Storm Water Quality Protection and Discharge Controls, and Section E.10, Construction Site Storm Water Run-Off Control Program of the Regional NPDES Permit. Detailed information can be located at: www.flowstobay.org/documents/business/construction/SWPPP.pdf. This sheet shall be printed and included in all building construction plan sets permitted for construction in the City of Gilroy. (PUBLIC WORKS) 25. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire Hydrant flow test to confirm the 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. Applicant shall coordinate with Fire Department for the Fire Hydrant flow test. The flow test results shall be submitted with the initial plan submittal. (PUBLIC WORKS) 26. WATER CONSERVATION: The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. (PUBLIC WORKS) 27. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water, DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 8 of 27 sewer, storm drain or traffic studies for the development deemed appropriate by the City Engineer. These studies shall provide the supporting hydraulic calculation for pipe sizing per the City Standard Design Guidelines. The study shall be reviewed and approved by Engineering. If the results of the study indicate that this development contributes to the over-capacity of the trunk line, the applicant will be required to mitigate the impact by removing and replacing, or upsizing of the existing utilities to accommodate the appropriate level of project flows to the approval of the City Engineer. The improvements shall be addressed on the construction drawings, to the approval of the City Engineer, prior to the issuance of the first building permit. (PUBLIC WORKS) 28. MASTER PLAN COMPLIANCE: The project shall comply with all City Master Plans to the approval of the City Engineer. Street improvements, all street sections, the design of all off-site storm drainage facilities, sewer and water lines shall be in accordance with City Standards and shall follow the most current City Master Plan as approved by the City Engineer. Improvements deemed necessary by the City Engineer shall be shown on the project improvement plans. (PUBLIC WORKS) 29. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The City’s latest impact fee schedule is available on the City’s website. Payment of all Impact Fees is required at first building permit issuance. Fees shall be based on the current fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. Note that impact fees increase at the beginning of each fiscal year, July 1. Specific fee language is provided further in these conditions of approval. (PUBLIC WORKS) 30. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the applicant 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 off-site drainage patterns, i.e., tributary areas, drainage amount, and velocity shall not be altered by the development. The plan shall be to the approval of the City Engineer and shall be approved prior to the issuance of the building permit. (PUBLIC WORKS) 31. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are damaged during construction or removed because of the applicant’s operations. The applicant shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. Said repairs shall be completed prior to the first occupancy of the project. (PUBLIC WORKS) 32. TRIANGULAR AREA OF VISIBILITY : Landscaping and permanent structures located within the 10' triangular area of visibility at the driveway, and 45’ triangular area of visibility at any project corner, shall have a minimum vertical clearance of 9’, and/or be less than 2’ in height. This includes all PG&E above ground structures and other utility DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 9 of 27 facilities. The sight triangle shall be shown on the site civil plans, to the approval of the City Engineer, to demonstrate this condition. (PUBLIC WORKS) 33. DRIVEWAY DESIGN: Driveway grades shall be designed 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 on the site civil plans to the satisfaction of the City Engineer. (PUBLIC WORKS) 34. GRADING & DRAINAGE: All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. There shall be no earthwork disturbance or grading activities between October 15th and April 15th unless otherwise approved by the City Engineer. If approved, the applicant shall submit a Winterization Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Gilroy 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. A project WDID# shall be added to the grading plans prior to plan approval. (PUBLIC WORKS) 35. GEOTECHNICAL ENGINEER: 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 the recommendations or the project geotechnical study, 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. 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 applicant shall add this condition to the general notes on the grading plan. Certification of grades and compaction are required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. (PUBLIC WORKS) 36. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must obtain an encroachment permit, posting the required bonds and insurance, and provide a one (1) year warranty for all work to be done in the City's right-of-way or City easement. DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 10 of 27 This encroachment permit shall be obtained prior to the issuance of a foundation building permit and prior to any work being done in the City's right-of-way. All existing public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structures are permitted within the City right-of-way, or within any City easement unless otherwise approved by the City Engineer. The applicant shall have street improvement plans prepared for all work in the public right-of-way by a licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Prior to issuance of the encroachment permit, the applicant shall submit any applicable pedestrian or traffic control plans for any lane or sidewalk closures. The traffic control plan shall comply with the State of California Manual of Uniform Traffic Control Devices (MUTCD), and standard construction practices. [(For major street improvements) Construction plans for improvements in the right-of-way shall be submitted to the City Engineer at 30%, 60%, and 90% design for review. All design assumptions and criteria shall be submitted with each phase of design submittal. Project specifications shall be included for review with the 90% design review.] Final construction plans and specifications shall be approved by the City Engineer, and released for construction, prior to the issuance of the encroachment permit. The applicant is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, applicant shall submit a pothole plan for City review and approval. Applicant shall provide the pothole result to the City Engineer prior to final design. Right-of-way improvements shall include, at a minimum, the following items: (PUBLIC WORKS) a. STREET MARKINGS: The applicant shall install necessary street markings of a material and design approved by the City Engineer and replace any that are damaged during construction. These include but are not limited to all pavement markings, painted curbs and handicap markings. All permanent pavement markings shall be thermoplastic and comply with Caltrans Standards. Color and location of painted curbs shall be shown on the plans and are subject to approval by the City Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, or sand blasting if in paint. b. SIDEWALK: The applicant shall replace to existing City standards all sidewalk surrounding the project site. The actual amount of sidewalk to be replaced shall be determined by the Public Works Construction Inspector in the field prior to construction. Sidewalk replacement shall be constructed per the City Standard Drawings. c. CURB AND GUTTER: The applicant shall replace to existing City standards all curb and gutter surrounding the project site. The actual amount of curb and gutter to be replaced shall be determined by the Public Works Construction Inspector in the field prior to construction. New curb and gutter shall be constructed per the City Standard Drawing STR-12. DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 11 of 27 d. DRIVEWAY APPROACHES: The applicant shall install City Standard Residential driveway approaches as shown on the approved plans. The new residential driveway approach shall be constructed per the City Standard Drawing. e. SEWER LATERAL:: i. The applicant shall install as a minimum a six (6) inch City Standard sewer lateral connection from the property line to the sewer main located in the street right-of-way. The installation shall be done in accordance with the City Standard Drawing SWR-6 including a 6" property line clean-out. f. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out behind the public service easement in accordance with the City Standard Drawing SWR-6. g. SEPARATE WATER SERVICES: The applicant shall provide separate water services for residential and irrigation use of the project. These separate services shall be clearly identified on the plans. h. SANITARY (STORM) SEWER MANHOLE(S): The applicant shall install standard sanitary sewer manholes per approved plans and in accordance with the City Standard Drawing. i. STORM WATER CATCH BASIN(S): The applicant shall install standard storm water catch basins per approved plans and in accordance with the City Standard Drawing. SIDEWALK UNDERDRAIN(S): The applicant shall install standard sidewalk underdrains in accordance with the City Standard Drawing STR-19. 37. 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. (PUBLIC WORKS) 38. EXTERIOR SITE LIGHTING STANDARDS: The applicant shall submit a photometric plan for on-site lighting showing lighting levels to Illuminating Engineering Society (IES) Standards. The plan shall comply with the requirement of an average of 1 foot-candle with a 4:1 minimum to average ratio and a minimum lighting of 0.3 foot-candle. This lighting standard is applicable to all publicly-accessibly parking lots, driveways, circulation areas, aisles, passageways, recesses, and publicly accessible grounds contiguous to all buildings. Private, interior courtyards not accessible to the public are not required to meet this standard. The lighting system shall be so designed as to limit light spill beyond property lines and to shield the light source from view from off site. The photometric plan shall be approved by the City Engineer or their designee and shall be addressed on the construction DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 12 of 27 plans submitted for any demolition permit, building permit, or grading permit and shall be satisfied prior to issuance of whichever permit is issued first. Any subsequent building permits that include any site lighting shall also meet these requirements. (PUBLIC WORKS) 39. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water Program’s requirements, the applicant shall mark with the words “No Dumping! Flows to Bay,” or equivalent, using methods approved by the City standards on all storm inlets surrounding and within the project parcel. Furthermore, storm drains shall be designed to serve exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not permitted in the City of Gilroy. (PUBLIC WORKS) 40. SITE LANDSCAPING COORDINATION: The site landscaping needs to be coordinated between the stormwater treatment area and the overall site landscaping plan area. The landscaping within the stormwater treatment area will not count towards the site landscaping requirement. Stormwater treatment areas should be identified on the site first, and then site landscaping to make sure the correct plant material is identified for each area. Some site landscaping plant material may not be suitable in stormwater treatment areas due to the nature of the facility. Sewer facilities cannot be aligned through stormwater treatment facilities. It is the applicant’s responsibility to coordinate the civil stormwater treatment facilities and the plans from the project landscaper. (PUBLIC WORKS) 41. ADDRESS PLAN: The applicant shall submit to the Public Works Department a final address plan. The plan shall be substantially in conformance with the address plan approved with the Arch & Site application. Said submittal shall be approved by the City Engineer prior to the submittal of plans for any demolition permit, building permit, or site development permit and shall be satisfied prior to issuance of whichever permit is issued first. (PUBLIC WORKS) 42. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to prove funding towards additional tree planting in the City. The fee is based on the amount of added hardscape the project is adding. The estimated impact fee, based on the approved plans, is $400.00 (Four-Hundred Dollars). This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS) 43. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the project's share of storm drainage flowing off-site and shall be used to enhance the City’s storm drainage system based on the recommendations of the adopted Storm Drainage Master Plan. The estimated impact fee, based on the approved plans, is $174.00 (One- Hundred Seventy-Four). This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 13 of 27 the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS) 44. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the project’s share of the increase amount of sewage generated by the project, which shall be used to enhance the City’s sewer system based on the adopted Sewer Master Plan. The estimated impact fee, based on the approved plans, is $27,868 (Twenty-Seven Thousand Eight-Hundred Sixty-Eight). This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. At first improvement plan submittal, applicant’s engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS) 45. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the project's share of impact to the City’s water system, and the water needs of the development. The fee shall be used to fund improvements identified in the City’s Water Master Plan. The estimated impact fee, based on the approved plans, is $7,156 (Seven- Thousand One-Hundred Fifty-Six). This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. At first improvement plan submittal, applicant’s engineer shall submit a calculation for water generation per the City’s Master Plan design criteria. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS) 46. TRANSPORTATION IMPROVEMENT FEE: The applicant shall pay a fee proportional to the project's share of transportation improvements needed to serve cumulative development within the City of Gilroy. The funds shall be used to fund improvements identified in the City Traffic Circulation Master Plan. The estimated impact fee, based on the approved plans, is $40,964 (Forty Thousand Nine-Hundred Sixty-Four) . This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS) 47. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to the project’s share of the increase to the use of City Public facilities. The estimated impact fee, based on the approved plans, is $73,896 (Seventy-Three Thousand Eight-Hundred Ninety- Six). This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS) DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 14 of 27 48. CONSTRUCTION NOTICING: At least one week prior to commencement of any on or off-site work, the applicant shall post at the site, and to property owners 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. Noticing shall be in both English and Spanish. The notice shall be submitted for review to the approval of the City Engineer two weeks prior to the issuance of the building permit. (PUBLIC WORKS) 49. DRAIN BOX LOCATIONS: The proposed drain boxes are shown to be located in within the public utility easement (PUE). Public easements and right of ways to be kept clear of private structures. Relocate the proposed drain boxes out of the PUE. (PUBLIC WORKS) 50. SAWCUT LINES: The Grading and Drainage plans do not show the proposed sawcut lines for the proposed water services connections to the existing water main along the project frontage. Show all sawcut lines for the required work in the paved areas of the public right of way. (PUBLIC WORKS) 51. PAVEMENT IN RIGHT OF WAY: The landscaping and grading and drainage plans show a 2-foot wide landscape strip behind the proposed sidewalk to the public right of way. Extend the concrete pavement up to the existing right of way boundary. (PUBLIC WORKS) The following conditions shall be met prior to the approval of the PARCEL MAP. 52. PARCEL MAP: It shall be the applicant's responsibility to have a parcel map, prepared by a person authorized to practice land surveying in California, delineating all parcels created or deleted and all changes in lot lines in conformance with the Gilroy Municipal Code. The parcel map shall be approved by the Department of Public Works and recorded with the County Recorder’s Office prior to the issuance of any City permits. A parcel map guarantee shall be submitted to the City, by the applicant’s title company, prior to release of the parcel map to the title company for recordation. Prior to the City’s release of the parcel map to the title company, the applicant may, at the discretion of the City Engineer, be required to submit to the City an electronic copy of the map in the AutoCAD Version being used by the City at the time of recordation. It is the applicant's responsibility to check with their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after City approval. (PUBLIC WORKS) 53. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall prepare project Covenants, Conditions and Restrictions (CC&R) for the project. The CC&Rs shall be submitted with the project map for review and approval of the City Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall include relevant project Conditions of Approval and shall include language that restricts the Homeowner’s DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 15 of 27 Association from making changes to the CC&Rs without first obtaining approval from the City. The CC&Rs shall be reviewed and approved prior to permit issuance. (PUBLIC WORKS) 54. RECORD DRAWINGS: The applicant shall submit one full set of original record drawings and construction specifications for all off-site improvements to the Department of Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The applicant shall also provide the City with an electronic copy of the record drawings in the AutoCAD Version being used by the City at the time of completion of the work. The applicant shall also submit an AutoCAD drawing file of all consultants composite base map linework showing all public improvements and utility layouts. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS) 55. PAVEMENT RESTORATION: Due to construction activities, new utility cuts along the project frontage, and the anticipated project’s truck traffic the applicant shall grind and overlay with 2-inches of asphalt concrete the roadways anticipated to be damaged as a result of construction activities within the general area of the project or along the designated haul route. If the street abutting the property has been classified as being in a failed condition or a Pavement Condition Index (PCI) of 50 or below, the applicant will be required to reconstruct the street. Limits of the roadway repair shall be from the west property line to the east property line. The City Engineer shall approve the roadway repair prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS) The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a condition, at that time. 56. PUBLIC WORKS CONSTRUCTION ACTIVITIES: 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 construction and phasing schedule, and a 24-hour emergency telephone number list. The schedule shall be in Microsoft Project, or an approved equal, and shall identify the scheduled critical path for the installation of improvements to the approval of the City Engineer. The schedule shall be updated weekly. The approved construction and phasing 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. (PUBLIC WORKS) a. All work shown on the improvement plans shall be inspected to the approval of the City Engineer as applicable. Uninspected work shall be removed as deemed appropriate by the City Engineer. DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 16 of 27 b. Construction activities related to the issuance of any Public Works permit shall be restricted to the weekday between 7:00 a.m. and 7:00 p.m., Saturday 9:00 a.m. to 7:00 p.m. for general construction activities. No work shall be done on Sundays and on City Holidays unless otherwise approved by the City Engineer. Please note that no work shall be allowed to take place within the City right-of- way after 5:00 p.m. Monday through Friday. In addition, no work being done under the issuance of a Public Works encroachment permit may be performed on the weekend unless prior approvals have been granted by Public Works. The City Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. Signs outlining the project construction times shall be posted at conspicuous locations on site where it is visible to the public. The signs shall be per the City Standard Drawing for posting construction hours. The sign shall be kept free of graffiti at all times. Contact the Public Works Department to obtain sample City Standard sign outlining hours of operation. c. The allowed hours of Public Works construction activities may be waived or modified through an exemption, for limited periods, if the City Engineer finds that the following criteria are met: i. Permitting extended hours of construction will decrease the total time needed to complete the project thus mitigating the total amount of noise associated with the project as a whole; or, ii. Permitting extended hours of construction are required to accommodate design or engineering requirements, such as a large concrete pour. Such a need would be determined by the project's design engineer and require approval of the City Engineer. iii. An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the City may waive any of the remaining requirements outlined below. iv. The exemption will not conflict with any other condition of approval required by the City to mitigate significant impacts. v. The contractor or owner of the property will notify residential and commercial occupants of property adjacent to the construction site of the hours of construction activity which may impact the area. This notification must be provided three days prior to the start of the extended construction activity. DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 17 of 27 vi. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public. vii. The City Engineer may revoke the exemption at any time if the contractor or owner of the property fails to abide by the conditions of exemption or if it is determined that the peace, comfort and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction. The waiver application must be submitted to the Public Works Construction Inspector ten (10) working days prior to the requested date of waiver. d. The following provision to control traffic congestion, noise, and dust shall be followed during site excavation, grading and construction: i. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards. ii. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. iii. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. iv. Watering on public streets and wash down of dirt and debris into storm drain systems will not be allowed. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Construction Inspector, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. Recycled water shall be used for construction watering to manage dust control where possible, as determined by the City Engineer. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. Where recycled water is not available potable water shall be used. All potable construction water from fire hydrants shall be metered and billed at the current portable fire hydrant meter rate. DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 18 of 27 v. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Construction Inspector. vi. Construction grading activity shall be discontinued in wind conditions that in the opinion of the Public Works Construction Inspector cause excessive neighborhood dust problems. vii. Site dirt shall not be tracked into the public right-of-way, and shall be cleaned immediately if done, or the project may risk being shut down. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. viii. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation. ix. All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site. x. Prior to issuance of any permit, the applicant shall submit any applicable pedestrian or traffic detour plans, to the satisfaction of the City Engineer, for any lane or sidewalk closures. The traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans. The Traffic Control Plan shall be prepared by a licensed engineer in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right-of-way. xi. During construction, the applicant shall make accessible any or all City utilities as directed by the City Engineer. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The applicant shall require the soils engineer submit to daily testing and sampling reports to the City Engineer. 57. 58. HERITAGE TREE PROTECTION MEASURES: (use the following condition for projects with Heritage Trees that require protection) The applicant shall submit a tree protection plan showing how all on and off-site heritage trees will be protected during construction. All approved and installed Heritage Tree protection measures shall be DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 19 of 27 installed prior to any site activities and maintained throughout the period of construction. The Project Arborist shall complete inspections on an as-need basis during the construction period and shall submit a monthly report of his/her findings in a letter sent by fax or email to the City Planner assigned to this project. (PUBLIC WORKS) 59. HOLIDAY CONSTRUCTION MORATORIUM: Due to concerns for businesses within the vicinity of the Gilroy Outlets and within the Downtown area during the holiday season (November 20 to January 1), there shall be no construction activities within the right-of- way which would create lane closures, eliminate parking, create pedestrian detours, or other activities that may create a major disturbance as determined by the City Engineer. This prohibition shall apply to Leavesley Road east of US101, and Camino Arroyo in the vicinity of the Gilroy Outlets. For the Downtown, the prohibition shall be along Monterey Road between 4th Street and 8th Street, and for one block east and west of Monterey in the specified restricted zone. (PUBLIC WORKS) 60. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by FHWA Standards, the applicant shall submit a truck hauling route and receive a haul permit that conforms to City of Gilroy Standards to the approval of the City Engineer. Note that the City requires a Haul Permit be issued for any hauling activities. The project sponsor shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. The proposed haul route for this project shall be established prior to building permit issuance. A letter from the applicant confirming the intention to use this hauling route shall be submitted to the Department of Public Works, and approved, prior to the issuance of any City permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the applicant. All storage and office trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and walks will not be allowed. The applicant must provide an approved method of cleaning tires and trimming loads on-site. Any job-related dirt and/or debris that impacts the public right-of-way shall be removed immediately. No wash down of dirt into storm drains will be allowed. All material hauling activities shall be done in accordance with applicable City ordinances and conditions of approval. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. Violation of such may be cause for suspension of work. (PUBLIC WORKS) 61. CONSTRUCTION WORKER PARKING: The applicant shall provide a construction- parking plan that minimizes the effect of construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the City Engineer prior to issuance of City permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the City permits. 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 DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 20 of 27 street which abuts property in a residential zone without prior approval from the City Engineer (§15.40.070). (PUBLIC WORKS) 62. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code, Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City Engineer may approve the discharge of uncontaminated pumped ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the City Engineer. (PUBLIC WORKS) 63. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition of Illegal Discharges, the applicant shall follow the specific best management practices for the installation of the Architectural Copper. For detailed information please distribute the flyer to all construction personnel involved in the fabrication and installation of the Architectural Copper that is located at: http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf (PUBLIC WORKS) The following conditions shall be complied with AT ALL TIMES that the use permitted by this entitlement occupies the premises 64. accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm Water Pollution Prevention all projects that meet the criteria described in the Storm Water Guidance Manual for Low Impact Development and Post-Construction Requirements shall prepare a storm water control plan (SWCP) and shall meet the requirements of the design standards and selection of best management practices and shall be selected and designed to the satisfaction of the City Engineer or designee. Requirements shall include: a. Owner/occupant shall inspect private storm drain facilities at least two (2) times per year and sweep parking lots immediately prior to and once during the storm season. b. The applicant shall be charged the cost of abatement for issues associated with, but not limited to, inspection of the private storm drain facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair in the event that the treatment facility is no longer able to meet performance standards or has deteriorated. Any abatement activity performed on the applicant’s property by City staff will be charged to the applicant at the City’s adopted hourly rate. c. Label new and redeveloped storm drain inlets with the phrase “No Dumping: Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is available at www.flowstobay.org. DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 21 of 27 d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum-based wastes, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times. e. All public outdoor spaces and trails shall include installation and upkeep of dog waste stations. Garbage and recycling receptacles and bins shall be designed and maintained with permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be connected to the sanitary sewer system. (PUBLIC WORKS) Building Division - Standard Conditions of Approval 1. All conditions of approval shall be included on the first sheet after the cover sheet of the construction drawing submitted for a building permit. 2. A pre-construction meeting shall be held at a time and location agreed upon by the City and applicant for the purpose of reviewing conditions of approval, pre-occupancy requirements / temporary certificate of occupancy and construction-site procedures. This meeting shall be held prior to the issuance of any permit issued by the building department. The applicant shall be represented by his design and construction staff, which includes any sub- contractors. Departments having conditions of approval for the project will represent the City. 3. Temporary fencing along the perimeter of a building site, during construction is required to ensure security, public safety, and/or noise/dust mitigation. “Temporary” shall mean the placement of fencing in a manner that is not permanently attached to the ground or attached to any other structure or material that is itself permanently attached to the ground. Temporary construction fences consisting of chain-link or plywood, no more that 6-feet in height above the ground and shall not require any permits or special authorization. Unless letters of permission from adjacent property owners or a City encroachment permit have been obtained, temporary construction fencing shall be placed only on the property that contains the subject construction project. All temporary construction fencing shall be thoroughly removed from the project site upon completion of construction. 4. Prior to construction, A 24-inch by 36-inch weatherproof copy of the approved Construction Management Plan shall be posted on the site as part of a job site sign and located so as to be clearly readable from the public right-of-way. In addition to the approved construction management plan, the sign shall include the following information: a) Address of the project site. b) Permitted hours of construction and of deliveries/off-haul. c) Name, e-mail address and direct phone number of the General Contractor. DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 22 of 27 d) Name, e-mail address and direct phone number of the person responsible for managing the project. e) Name and direct phone number of the party to call in case of an emergency. f) City of Gilroy Code Enforcement Officer (408-846-0264). 7. Construction activities shall be limited between the hours of seven am and seven pm Monday through Friday and nine am to seven pm on Saturday. These hours do not apply to construction work that takes place inside a completely enclosed building and does not exceed the exterior ambient noise level as measured 10 feet from the exterior property lines. Construction Activities shall not occur on Sundays or city holidays which include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas. 8. At the time of building permit submittal, the project developer shall submit a final grading and drainage plan prepared by a licensed civil engineer depicting all final grades (with accurate elevations above sea level indicated) and on-site drainage control measures to prevent storm water runoff onto adjoining properties. 9. The applicant and/or developer shall submit a pad elevation certification prepared by a licensed land surveyor or registered civil engineer to the Building Official certifying that the pad elevation(s) and building location (setbacks) are pursuant to the approved plans, prior to receiving a foundation inspection for the structure. 10. The building(s) covered by this approval shall be designed and constructed to current adopted Title 24 Building Standards, including Building, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building and both State and Federal accessibility requirements in effect and as amended by the City of Gilroy at the time of building permit submittal. 11. The project developer shall include erosion control/stormwater quality measures on the project grading plan which shall specifically address measures to prevent soil, dirt, and debris from entering the public storm drain system. The project developer is responsible for ensuring that the contractor is aware of and implements such measures. a) Install filter materials (such as sandbags, filter fabric, etc.) at the storm drain inlet nearest the downstream side of the project site in order to retain any debris or dirt flowing in the storm drain system. Maintain and/or replace filter materials to ensure effectiveness and to prevent street flooding. b) Never clean machinery, equipment, tools, brushes, or rinse containers into a street, gutter, or storm drain. c) Ensure that concrete/gunite supply trucks or concrete/plaster operations do not discharge wash water into a street, gutter, or storm drain. DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 23 of 27 d) Concrete wash area: 1) locate wash out area away from storm drains and open ditches; 2) construct a temporary pit large enough to store the liquid and solid waste; 3) clean the pit by allowing concrete to set; 4) break up the concrete; and then 5) recycle or dispose of properly. 12. Portable toilets used during construction shall be emptied on a regular basis as necessary to prevent odor. 13. The applicant shall provide a stamped, signed, and dated soil investigation report containing design recommendations to the Building Official. The classification shall be bas ed on observation and any necessary tests of materials disclosed by boring or excavations made in appropriate locations. Additionally, the applicant shall submit a stamped, signed, and dated letter from the Geotechnical Engineer or Civil Engineer who prepared the soil investigation stating the following: a) The plans and specifications substantially conform to the recommendations in the soil investigation. b) The Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall provide soil site observation and provide periodic and final reports to the City of Gilroy. c) Prior to final inspection for any building or structure, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall issue a final report stating the completed pad, foundation, finish grading and associated site work substantially conforms to the approved plans, specifications and investigations. 14. Demolition permit(s) shall be issued in accordance with Section 6.1 of the Gilroy Municipal Code. Safeguards during construction shall be provided in accordance with Chapter 33 of the California Building Code. 15. Acceptance of the plans does not release the developer from correction of mistakes, errors, or omissions contained therein. If, during the course of construction, the public interest requires a modification or a departure from these accepted plans, the City shall have the authority to require such modifications to be made. 16. All construction materials, debris and equipment shall be stored on site. If that is not physically possible, an encroachment permit shall be obtained from the Department of Public Works prior to placing any construction materials, debris, debris boxes or unlicensed equipment in the right-of-way. Portable restroom facilities shall not be permitted in the City right-of-way. All portions of the job site shall be maintained in an organized and professional condition. All sidewalks, driveways and public/private roadways fronting the subject site shall be broom cleaned at the end of each business day. DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB Page 24 of 27 Fire Prevention - Standard Conditions of Approval 1. All residential structures shall be provided with residential fire sprinklers (13d) including garages. City standards include: a) A 1 inch meter and 1.5 inch laterals shall be provided to the two story townhomes. b) System to comply with NFPA 13D (2016) subject to inspection by the City. c) Riser shall be installed in the garage or approved exterior cabinet. d) If the water supply to the home is not at the garage, water supply from point of entry to the riser shall be approved fire sprinkler line. e) All enclosed garages shall be provided with sprinkler protection. f) At least 1 sprinkler of each type shall be present in the spare head box at final. g) An exterior bell/horn shall be installed on the bedroom side of the home. The water-flow switch shall be wired to smoke alarms for interior notification. h) Each attic access shall be protected by a pilot head. The pilot head piping (CPVC) shall be provided with adequate insulation or be done with a copper riser. i) Sprinkler coverage shall be provided underneath stairwells when used as storage, closets or bathrooms (even if less than 55 sq ft). Concealed spaces used for storage in attics or crawl spaces that exceed 55 sq ft in area and 6 ft in height, shall be provided with sprinkler coverage. j) A fire flow test shall be obtained from the Deputy Fire Marshal and included in the sprinkler system design calculations. DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2022-55 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, August 1, 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, August 1, 2022. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal) DocuSign Envelope ID: 24E14712-F39D-4025-B281-739C22DF1CEB