03/10/2022 Planning Commission Regular Agenda Packet
Regular Planning Commission Meeting Agenda
March 10, 2022
6:00 P.M.
City Council Chambers, City Hall
7351 Rosanna Street, Gilroy CA
PLANNING COMMISSION MEMBERS
Joan Lewis: joan.lewis@cityofgilroy.org Annedore Kushner: annedore.kushner@cityofgilroy.org
Adriana Leongardt: adriana.leongardt@cityofgilroy.org Manny Bhandal: manny.bhandal@cityofgilroy.org
Vice Chair: John Doyle: john.doyle@cityofgilroy.org Stefanie Elle: stefanie.elle@cityofgilroy.org
Adilene Jezabel Moreno: adilene.moreno@cityofgilroy.org
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF ASSEMBLY BILL 361.
MEETING MATERIAL IS AVILABLE ON THE COUNTY WEBSITE www.cityofgilroy.org.
Pursuant to California Assembly Bill 361, a local legislative bode is authorized to hold public meetings
remotely and to make those meetings accessible to all members of the public seeking to observe and
to address the local legislative body by remote means only via a technology solution. As such, the City
will provide various options for the public to participate in the conduct of the meeting, as indicated in
detail below on this coversheet.
Written comments can be submitted by email to Marco Romagnoli, Planning Technician, at
planningdivision@cityofgilroy.org Please note that written comments will not be read out loud, but will
be part of the written record.
Comments by the public will be taken on any agenda item before action is taken by the Planning
Commission. Persons speaking on any matter are asked to state their name and address for the
record. Public testimony is subject to reasonable regulations, including but not limited to time
restrictions on particular issues and for each individual speaker. A minimum of 12 copies of materials
should be provided to the Clerk for distribution to the Commission and Staff. Public comments are
limited to no more than three-minutes, at the Chair’s discretion.
Comments on any agenda item may be emailed to the Planning Division at
planningdivision@cityofgilroy.org or mailed to the City of Gilroy, Community Development
Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the
Planning Division by 1:00pm on the day of a Planning Commission meting will be distributed to the
City Council prior to or at the meeting and available for public inspection with the agenda packet
located in he lobby of Planning Division at City Hall, 7351 Rosanna Str eet prior to the meeting. Any
correspondence received will be incorporated into the meeting record. Items received after the
1:00pm deadline will be provided to the Planning Commission as soon as practicable.
In compliance with the American Disabilities Act (ADA), the City will make reasonable arrangements
to ensure accessibility to this meeting. If you need special assistance to participate in this meeting,
please contact the City Clerk 72 hours prior to the meeting at (408) 846-0491. A sound enhancement
system is available in the City Council Chambers.
If you challenge any planning or land use decision made at this meeting in court, you may be limited
to raising only those issues you or someone else raised at the public hearing held at this meeting, or
in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Please take notice that the time within which to seek judicial review of any final administrative
determination reached at this meeting is governed by Secti on 1094.6 of the California Code of Civil
Procedure.
Persons who wish to speak on matters set for Public Hearing will be heard when the presiding officer
calls for comments from those persons who are in support of or in opposition thereto. After persons
have spoken, the hearing is closed and brought to the Planning Commission level for discussion and
action. There is no further comment permitted from the audience unless requested by the Planning
Commission.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9(b)(1) if a point has been reached where, in the opinion of the legislative body of the City on
the advice of its legal counsel, based on existing facts and circumstances, there is a significant
exposure to litigation against the City.
Materials related to an item on this agenda submitted to the Planning Commission after distribution of
the agenda packet are available for public inspection with the agenda packet in the lobby of
Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are
also available with the agenda packet on the City website at www.cityofgilroy.org
I. PLEDGE OF ALLEGIANCE
II. REPORT ON POSTING THE AGENDA AND ROLL CALL
III. PUBLIC COMMENTS: (Three-minute time limit). This portion of the meeting is reserved for
persons desiring to address the Planning Commission on matters not on the agenda. The
law does not permit the Planning Commission action or extended discussion of any item
not on the agenda except under special circumstances. If Planning Commission action is
requested, the Planning Commission may place the matter on a future agenda. Comments
on any agenda item may be emailed to the Planning Division at
planningdivision@cityofgilroy.org or mailed to Community Development Department at City
Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division
by 1:00pm on the day of a Planning Commission meeting will be distributed to the Planning
Commission prior to or at the meeting and available for public inspection with the agenda
packet located in the lobby of Planning Division at City Hall, 7351 Rosanna Street prior to
the meeting. Any correspondences received will be incorporated into the meeting record.
Items received after 1:00pm deadline will be provided to the Planning Commission as soon
as practicable. All statements that require a response will be referred to staff f or reply in
writing.
PUBLIC HEARINGS FOR RELATED PROJECT APPLICATIONS WILL BE HEARD CONCURRENTLY AND
ACTION WILL BE TAKEN INDIVIDUALLY. COMPANION PROJECTS UNDER NEW BUSINESS WILL BE
TAKEN UP FOR ACTION PRIOR TO, OR IMMEDIATELY FOLLOWING THE RELATED PUBLIC HEARING.
THIS REQUIRES DEVIATION IN THE ORDER OF BUSINESS AS NOTED WITHIN THE AGENDA.
IV. CONSENT AGENDA
1. 2/3/2022 Planning Commission Regular Meeting Minutes
V. PUBLIC HEARINGS
A. Tentative Map application to subdivide approximately 41.4 acres for build-out of
the Canyon Creek, Rocky Knoll and Malvasia II neighborhoods of the Glen Loma
Ranch Specific Plan. Applicant Tim Filice representing the Glen Loma
Group/Filice Family Estate. (TM 20-05).
1. Staff Report: Melissa Durkin, Planner II
2. Open Public Hearing
3. Close Public Hearing
4. Planning Commission Disclosure of Ex-Parte Communications
5. Possible Action:
Staff has analyzed the proposed project and recommends that the Planning
Commission adopt a resolution recommending that the City Council approve
Tentative Map TM 20-05, subject to certain findings and conditions.
B. Tentative Map application to subdivide approximately 2.88 acres for build-out of
the Palomino phase II neighborhood of the Glen Loma Ranch Specific Plan.
Applicant Tim Filice representing Filice Family Estate. (TM 21-05).
1. Staff Report: Melissa Durkin, Planner II
2. Open Public Hearing
3. Close Public Hearing
4. Planning Commission Disclosure of Ex-Parte Communications
5. Possible Action:
Staff has analyzed the proposed project and recommends that the P lanning
Commission adopt a resolution recommending that the City Council approve
Tentative Map TM 21-05, subject to certain findings and conditions.
VI. NEW BUSINESS
A. 2022 Planning Commission Task Force / Committee Assignments
1. Staff Report: Bryce Atkins, Senior Management Analyst
2. Public Comment
3. Possible Action:
Review Planning Commission assignments and make adjustments as necessary.
B. Selection of Planning Commission Chair and Vice-Chair for 20212
1. Staff Report: Bryce Atkins, Senior Management Analyst
2. Public Comment
3. Possible Action:
Selection of Planning Commission Chair and Vice-Chair
VII. REPORTS BY COMMISSION MEMBERS
VIII. PLANNING DIVISION REPORT
IX. ASSISTANT CITY ATTORNEY REPORT
X. ADJOURNMENT to the Next Meeting of April 7, 2022 at 6:00 P.M.
Planning Commission
Regular Meeting
of
FEBRUARY 3, 2022
I. PLEDGE OF ALLEGIANCE
Chair Fischer called the meeting to order at 6:00pm.
Chair Fischer led the pledge of allegiance.
II. REPORT ON POSTING THE AGENDA AND ROLL CALL
Planning Technician Romagnoli posted tonight's meeting agenda on Friday, January 28,
2022 at 4:48pm.
Attendee Name Title Status Arrived
Stefanie Elle Planning Commissioner Present
Manny Bhandal Planning Commissioner Present
John Doyle Planning Commissioner Excused
Joan Lewis Planning Commissioner Present
Andrew Ridley Planning Commissioner Absent
Tom Fischer Chair Present
Adilene Jezabel Moreno Planning Commissioner Present
III. PUBLIC COMMENTS
There were no public comments for items not on the agenda.
IV. CONSENT AGENDA
Motion was made by Commissioner Lewis, seconded by Commissioner Bhandal to
approve the 12/2/2021 Planning Commission Regular Meeting minutes as corrected and
the 1/20/2022 Planning Commission Special Meeting minutes.
Vote: Motion carried 5-0-0-2
Yes: Lewis, Jezabel Moreno, Bhandal, Elle, Fischer
No: None
Abstain: None
Absent: Ridley, Doyle
RESULT: APPROVE [UNANIMOUS]
AYES: Elle, Bhandal, Lewis, Fischer, Moreno
ABSENT: Ridley
EXCUSED: Doyle
A. 12/2/2021 Planning Commission Regular Meeting Draft Minutes - Correction
B. 1/20/2022 Planning Commission Special Meeting Draft Minutes
V. PUBLIC HEARINGS
4.1
Packet Pg. 5 Communication: 2/3/2022 Planning Commission Regular Meeting Minutes (CONSENT AGENDA)
A. Staff has analyzed the proposed project and recommends that the Planning
Commission adopt a Resolution approving Conditional Use Permit (CUP 21-03),
based upon findings and subject to certain conditions.
1. Staff Report: Miguel Contreras, Planner I
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
Planner I Contreras presented the report.
Chair Fischer opened the item to public comment.
Ismael Torres, the project's applicant, commented.
Chair Fischer closed public comment.
Disclosure of Ex-Parte Communications. None.
Motion was made by Commissioner Elle, seconded by Commissioner Jezabel Moreno
to adopt a resolution approving Conditional Use Permit (CUP 21-03), based upon
finding and subject to certain conditions.
Vote: Motion carried 5-0-0-2
Yes: Elle, Bhandal, Lewis, Jezabel Moreno, Fischer
No: None
Abstain: None
Absent: Doyle, Ridley
RESULT: APPROVE [UNANIMOUS]
AYES: Elle, Bhandal, Lewis, Fischer, Moreno
ABSENT: Ridley
EXCUSED: Doyle
B. Staff has analyzed the proposed project and recommends that the Planning
Commission:
Adopt a resolution approving the Architectural and Site Review Permit AS 21-16
(#21080028), as requested, subject to certain findings and conditions. (Roll Call Vote)
1. Staff Report: Miguel Contreras, Planner I
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
Planner I Contreras presented the report.
Chair Fischer opened the item to public comments.
Thomas Keane, the project's applicant, explained his business' operations as requested
by the Commissioners.
Carolyn Schimandle commented.
Chair Fischer closed public comment.
4.1
Packet Pg. 6 Communication: 2/3/2022 Planning Commission Regular Meeting Minutes (CONSENT AGENDA)
Disclosure of exparte communications. None.
Motion was made by Commissioner Lewis, seconded by Commissioner Bhandal to
adopt a resolution approving the Architectural and Site Review (AS 21--16), as
requested, subject to certain findings and conditions and to amend condition 61 to
include an additional U-shaped bike lock and bike locker.
Vote: Motion carried 5-0-0-2
Yes: Elle, Bhandal, Lewis, Jezabel Moreno, Fischer
No: None
Abstain: None
Absent: Doyle, Ridley
RESULT: APPROVE [UNANIMOUS]
AYES: Elle, Bhandal, Lewis, Fischer, Moreno
ABSENT: Ridley
EXCUSED: Doyle
VI. OLD BUSINESS
A. Continue item to March 3, 2022 to Review Planning Commission committee
assignments and make adjustments as necessary.
1. Staff Report: Kraig Tambornini, Senior Planner
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
Senior Planner Tambornini recommended the item be continued to the March Planning
Commission Regular Meeting.
Chair Fischer opened the item to public comments. None.
Chair Fischer closed public comments.
Disclosure of Ex-Parte Communications. None.
Motion was made by Commissioner Lewis, seconded by Commissioner Elle to continue
this item to the March 3rd Planning Commission Meeting.
Vote: Motion carried 5-0-0-2
Yes: Elle, Bhandal, Lewis, Jezabel Moreno, Fischer
No: None
Abstain: None
Absent: Doyle, Ridley
VII. NEW BUSINESS
4.1
Packet Pg. 7 Communication: 2/3/2022 Planning Commission Regular Meeting Minutes (CONSENT AGENDA)
A. Committee and Commission Consolidations
1. Staff Report: Bryce Atkins, Senior Management Analyst
2. Public Comment
3. Possible Action:
Commission receive the report and provide any feedback.
Senior Management Analyst Atkins presented the staff report.
Chair Fischer opened the item to public comments. None.
Chair Fischer closed public comments.
VIII. INFORMATIONAL ITEMS
A. Planning Division - Current Projects Log
IX. REPORTS BY COMMISSION MEMBERS
X. PLANNING DIVISION REPORT
Senior Planner Tambornini updated the commissioners regarding the hiring of an interim
Community Development Director.
XI. ASSISTANT CITY ATTORNEY REPORT
XII. ADJOURNMENT to the Next Meeting of March 3, 2022 at 6:00 P.M.
Chair Fischer adjourned the meeting at 7:10pm.
Marco Romagnoli, Planning Technician
4.1
Packet Pg. 8 Communication: 2/3/2022 Planning Commission Regular Meeting Minutes (CONSENT AGENDA)
Karen L. Garner
DIRECTOR
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: March 10, 2022
TO: Planning Commission
FROM: Melissa Durkin, Planner II
SUBJECT: Tentative Map application to subdivide approximately 41.4 acres for
build-out of the Canyon Creek, Rocky Knoll and Malvasia II
neighborhoods of the Glen Loma Ranch Specific Plan. Applicant
Tim Filice representing the Glen Loma Group/Filice Family Estate.
(TM 20-05).
RECOMMENDATION:
Staff has analyzed the proposed project and recommends that the Planning
Commission adopt a resolution recommending that the City Council approve Tentative
Map TM 20-05, subject to certain findings and conditions.
BACKGROUND:
Request: Tentative Map application TM 20-05 (#20090053) requests subdivision of
approximately 41.4+/- acres for build-out of the Canyon Creek, Rocky Knoll and
Malvasia II neighborhoods of the Glen Loma Ranch Specific Plan area. The subject site
is located northeast of Santa Teresa Boulevard, south and southwest of West Luchessa
Avenue. The site comprises APN # 808-18-032 and 808-58-005. The requested map
proposes to create 40 Compact single-family lots in the Canyon Creek neighborhood;
six lots for the creation of 41 townhouse units in the Rocky Knoll neighborhood; and
nine lots for the creation of 42 townhouse units in the Malvasia II neighborhood, for a
total of 55 residential lots and 123 residential units. This subdivision would also create
one public open space parcel for the construction of the Santa Teresa trail; one public
trail easement for the Rocky Knoll Trail; 18 private open space parcels that will be
maintained by the homeowners’ association; and associated public and private streets.
This request is for mapping purposes only; details of the individual development of
these lots are not a part of this proposal. Future build -out of these lots will be in
accordance with the specific plan. Application filed by Tim Filice representing the Glen
Loma Group/Filice Family Estate, 7888 Wren Avenue, Suite D143, Gilroy, CA 95020.
Subject Property and Surrounding Land Uses: The subject site is presently
undeveloped. The following table identifies the existing land uses and General Plan and
5.A
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zoning designations of the project site and surrounding properties.
LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Project Site
Undeveloped Canyon Creek,
Rocky Knoll and Malvasia II
Neighborhoods
Neighborhood
District (ND)/Glen
Loma Ranch
Specific Plan
Neighborhood
District/Planned
Development
(ND-PD) [GLR
Specific Plan]
North
Open Space, Montonico,
Nebbiolo, Malvasia I, and The
Glen Neighborhoods
Neighborhood
District (ND)/GLR
Specific Plan
ND-PD [GLR
Specific Plan]
South
Santa Teresa Boulevard and
Eagle Ridge Development
Hillside Residential Single-Family
Residential-
Residential
Hillside (R1-
RH)/PD
East
Malvasia I and Town Center
Neighborhoods
Neighborhood
District (ND)/GLR
Specific Plan
ND-PD/GL
Specific Plan
West
Montonico neighborhood and
Santa Teresa Boulevard and
Eagle Ridge Development
Hillside Residential Single-Family
Residential-
Residential
Hillside (R1-
RH)/PD
Environmental Assessment: On November 7, 2005, the City Council certified the Glen
Loma Ranch Specific Plan Environmental Impact Report (EIR) with 52 mitigation
measures and adopted the Glen Loma Ranch Specific Plan. 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 if the project meets the requirements of
that section. Staff finds that the proposed subdivision meets the requirements of section
15182 for the following reasons:
1. The Gilroy City Council certified the Glen Loma Ranch Specific Plan
Environmental Impact Report (EIR) and adopted the Glen Loma Ranch
Specific Plan on November 7, 2005; and
2. Tentative Map application TM 20-05 is a residential project implementing the
approved Glen Loma Ranch Specific Plan; and
3. Tentative Map application TM 20-05 was undertaken pursuant to and in
conformity with the approved Glen Loma Ranch Specific Plan.
Because the project meets the requirements of section 15182, no additional CEQA
analysis is required.
This map will create the remaining neighborhoods in the Specific Plan area and is
located in the third and final phase of development. Several EIR mitigation measures
have not yet been completed. All outstanding mitigation measures will be required to be
5.A
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completed prior to the first final map submitted pursuant to this requested tentative map
approval.
Future Architectural and Site Reviews: In accordance with the Glen Loma Ranch
Development Agreement, architectural and site review permits for projects within Glen
Loma Ranch, including the Canyon Creek, Rocky Knoll and Malvasia II neighborhoods,
would be approved by the planning manager at staff level, provided the plans are
consistent with specific plan requirements.
ANALYSIS:
General Plan Consistency: The City's General Plan designates the subject site as
Neighborhood District/Glen Loma Ranch Specific Plan, which supports the proposed
project request. The proposal conforms to the goals and policies of the General Plan , as
discussed below:
POLICY # TITLE AND SUMMARY ANALYSIS
LU 1.1 Pattern of Development.
Ensure orderly, contiguous
development pattern;
prioritize infill development;
phase new development;
encourage compactness
and efficiency; preserve
surrounding open space
and agricultural resources;
and avoid incompatible land
uses.
The Canyon Creek, Rocky Knoll and
Malvasia II subdivision follows the
development pattern envisioned by the
Glen Loma Ranch Specific Plan. This
subdivision is located south of the
Montonico, Nebbiolo, Malvasia I, and The
Glen Neighborhoods, which have
approved final maps. This Canyon Creek,
Rocky Knoll and Malvasia II subdivision is
one of the final subdivisions in the Glen
Loma Ranch Specific Plan area.
Development of Canyon Creek, Rocky
Knoll and Malvasia II will utilize
infrastructure currently in place or under
construction to support the Specific Plan
as a whole. In addition, this phase of
development will require completion of the
Glen Loma Ranch Specific Plan EIR
mitigation measures, which will ensure
needed infrastructure is in place to support
this development. With implementation of
the remaining mitigation measures, the
proposed map is consistent with this
policy.
LU 2.6 Glen Loma Ranch.
Maintain and implement the
Glen Loma Ranch Specific
Plan to guide development
The Canyon Creek, Rocky Knoll and
Malvasia II subdivision has been designed
in accordance with the adopted Glen Loma
Ranch Specific Plan. The proposed
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4
POLICY # TITLE AND SUMMARY ANALYSIS
in the area and ensure the
new neighborhoods provide
a complementary mix of
housing, retail, services,
public facilities, and open
space.
neighborhoods provide a complementary
mix of housing types, public facilities and
open space. The proposed map is
consistent with this policy.
LU 3.2 Connectivity. Encourage
new residential
development to incorporate
design features that
promote walking and
connectivity between
blocks.
The Canyon Creek, Rocky Knoll and
Malvasia II subdivision tentative map
includes construction of the Rocky Knoll
trail and a portion of the Santa Teresa trail.
The map design also incorporates
connectivity between neighborhoods.
The proposed map is consistent with this
policy.
LU 3.11 Noise Mitigation Design.
Promote the use of
techniques less visually
intrusive than sound walls,
including but not limited to
site design techniques.
The Canyon Creek, Rocky Knoll and
Malvasia II subdivision utilizes building
design and placement to minimize the use
of sound walls. No sound walls will be
constructed along Santa Teresa Boulevard
as part of this project. Only the eight lots
directly abutting Luchessa Avenue would
need sound walls. The proposed map is
consistent with this policy.
M 1.5, 1.9,
1.10, 2.2,
3.2, and 3.4
Interconnected
Residential Streets.
Encourage street patterns
that provide direct access
between neighborhoods for
automobiles, pedestrians,
and bicycles and
connections to nearby
neighborhood commercial
services.
Bicycle and pedestrian
Path Network. Develop
and maintain a network of
paths along linear parks,
public easements,
drainages, and other open
space areas to
accommodate bicycle and
The Specific Plan overall provides
compact, mixed-use development and a
series of trails to encourage bicycle and
pedestrian use. Transit opportunities will
be provided throughout the Specific plan
area. Tentative Map application TM 20-05
will advance the specific plan’s bicycle and
pedestrian goals by developing the portion
of the Santa Teresa Boulevard trail that
abuts its boundary and constructing the
Rocky Knoll trail. These trail
improvements, along with the trails
constructed with the other Specific Plan
neighborhoods, will provide pedestrian and
bicycle access between neighborhoods
and to the future commercial and
recreational areas within the Specific Plan
area.
The proposed map is consistent with this
5.A
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5
POLICY # TITLE AND SUMMARY ANALYSIS
pedestrian traffic. policy.
Neighborhood District Policy Consistency: This property is located within the
Glen Loma Ranch Specific Plan Neighborhood District area, which was planned in
compliance with General Plan Neighborhood District policies. The resolution
approving the Glen Loma Ranch Specific Plan found that the design of the Plan was
consistent with General Plan Neighborhood District policies (City Council Resolution
2005-82). The following Specific Plan components support that determination.
A) Density Requirements: The “Neighborhood District Policy” [The Policy] sets
minimum, but not maximum, density standards, and provides incentives for
projects to achieve a higher “Target” density of approximately 8 units per acre
[The Policy section 8.1]. The Glen Loma Ranch Specific Plan addressed The
Policy’s density requirements by setting requirements for minimum and
maximum densities in each neighborhood; establishing a range of product
types that could be developed within each neighborhood; and by requiring a
mix of lot sizes and housing types within larger neighborhoods [Glen Loma
Ranch Specific Plan section 4]. While individual neighborhoods within the
Specific Plan area may not meet minimum or target densities, the Specific
Plan overall has been designed to meet these densities.
B) Affordable Housing Requirements: The Policy requires that each
Neighborhood District development construct a minimum of fifteen percent
(15%) of its units at affordable prices. The adopted Development Agreement
and Specific Plan set forth the specific considerations related to affordable
housing and senior housing within the Glen Loma Ranch Specific Plan area.
In accordance with the Development Agreement, 15.1 percent (15.1%) of the
units constructed will be sold or rented at affordable levels, resulting in a
maximum of 256 affordable units within this Specific Plan area. This number is
comprised of seventy-five (75) unrestricted “Senior” units (29.3%), that are
intended to be affordable by design (i.e. smaller units constructed at a higher
density); seventy-five (75) “affordable Senior” units (29.3%) that will be
affordable in accordance with adopted City policies; and 106 multi-family units
(41.4%) that will be affordable in accordance with adopted City policies.
These units may be either sold or rented. That number of affordable units is
required if the developer achieves the maximum Specific Plan build out of
1,693 units; if fewer units are constructed, the number of affordable units
required will be reduced accordingly, while maintaining the 15.1 percent
affordability ratio.
Staff anticipates a total of 1,275 units in the portion of the Specific Plan area
that the Glen Loma Group controls. This would equate to a requirement for
193 affordable units in this portion of the Specific Plan area. Glen Loma
Ranch has entitled, and is in the process of constructing, the following
affordable units:
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Neighborhood Type # of units
required out
of 1,275-unit
Total
No. of Units
Provided
Town Center
Affordable
Senior
Affordable
Apartments
60 (29.3%) 62 (32.1%)
Town Center
Affordable
Multi-Family
Affordable
Apartments
78 (41.4%) 94 (48.7%)
Town Center
Multi-Family
Senior
Unrestricted
Townhouse
Units
57 (29.3%) 46 (23.8%)
Total Affordable Units 193 202 (104.6% of
requirement)
As this chart shows, 202 units have been provided, which is 4.6% more than
required. Therefore, the developer has exceeded the affordable unit
obligation for the likely residential build-out of Glen Loma’s portion of the
Specific Plan area.
There are fewer Senior Unrestricted Units than anticipated, but far more multi-
family affordable units and a few more senior affordable units. The actual unit
mix produced is better than the unit mix negotiated via the development
agreement because only multi-family affordable units and the senior
affordable units satisfy the state’s Regional Housing Needs Allocation
(RHNA) low-income and very-low income housing requirements. The senior
unrestricted units are being sold at moderate-income prices, which is a
category that is over-represented in Gilroy.
The Gilroy Unified School District owns two other properties within the
Specific Plan area: the Cabernet Neighborhood, which has been developed
with Las Animas Elementary School, and the Olive Grove neighborhood. If
either of these neighborhoods develops with residential units, the future
developer may need to develop affordable housing units to ensure the
Specific Plan area meets the 15.1% affordability requirement.
C) Neighborhood Open Space: The Policy requires open space to meet the
needs of residents in the neighborhood district area. Specifically, this policy
requires “minimum standards for recreational areas and [. . .] a focal point
recreational area in each neighborhood.” This issue is discussed in the “Open
Space” section of this staff report. Staff believes the Glen Loma Ranch
Specific Plan will provide exceptional recreational and open space amenities
for residents as well as the community at large.
D) Housing Diversity: The Policy states, “Neighborhood District master and
specific plans shall mix housing of different densities together, integrating
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them throughout the Neighborhood District.” The Glen Loma Ranch Specific
Plan meets this requirement by including the following housing types: compact
and traditional single-family lots, zipper lots, and multi-family attached units.
These housing types have been dispersed throughout the Specific Plan area.
Within the current tentative map, the Canyon Creek neighborhood consists of
single-family homes, and the Rocky Knoll and Malvasia II neighborhoods
contain multi-family townhouse units.
By complying with the requirements of the Glen Loma Ranch Specific Plan, the
Canyon Creek, Rocky Knoll and Malvasia II neighborhoods comply with The
Policy.
Santa Clara Valley Habitat Plan Consistency: The Glen Loma Group has
obtained a habitat plan permit for this project (HP 19 -03).
Conformance with Glen Loma Ranch Specific Plan Development Standards
and Guidelines: The proposed development is in the Glen Loma Ranch Specific
Plan area. In accordance with the Gilroy City Code, the proposed subdivision may
be approved with a tentative map. Staff will review and approve the future
architectural and site review applications separate from this proposed subdivision, in
accordance with the Development Agreement. The following applicable
development standards have been considered for the proposed project.
Applicable Glen Loma Ranch Specific Plan Standards
STANDARD REQUIRED PROPOSED CONFORMS?
LUS-1 Each Neighborhood
within the Specific
Plan shall observe
the setbacks to
natural features
established within
the Specific Plan and
project Mitigation
Measures
The Malvasia II
subdivision is surrounded
by developed or
developing land.
However, the Canyon
Creek and Rocky Knoll
subdivisions are largely
surrounded by preserved
natural open space and
other open space. Lot
setbacks to the open
space areas and the
creation of a fuel
transition zone were
established during
development of the
Specific Plan. These
areas are indicated on
Specific Plan Figure 25.
The lots within this
subdivision have been
designed in accordance
Yes
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STANDARD REQUIRED PROPOSED CONFORMS?
with this plan.
LUS-2 The Neighborhoods
within the Specific
Plan shall provide
visual as well as
physical access to
the natural features
being preserved and
enhanced subject to
environmental
consideration where
appropriate.
The Canyon Creek and
Rocky Knoll subdivisions
preserve the view of the
preserved open space
areas via buffers and
subdivision design. The
Rocky Knoll trail and
Santa Teresa trail will
provide access to the
open space areas.
Yes
LUS-11 Streets, and/or trails
shall link schools,
parks, commercial
areas, and
residential
Neighborhoods to
ensure pedestrian
access.
The Specific Plan has
been designed with a
system of streets and
trails that connect the
schools, parks,
commercial area and
neighborhoods within the
Specific Plan area. The
proposed tentative map
implements this aspect of
the specific plan by
constructing streets that
will connect to the master
planned street system, as
well as constructing the
segment of Santa Teresa
trail abutting the site and
the Rocky Knoll trail.
Yes
TCMF/
OSS-2
Provide pedestrian
paths to connect
parking, open space
and recreational
facilities.
The project has been
designed with sidewalks
that connect parking,
open space and
recreational facilities. In
addition, the project will
construct a segment of
the Santa Teresa trail
and the Rocky Knoll trail.
Yes
TRS-2 The route and
destination points of
the various trail
segments will be
conceptually set
through the adoption
of the Glen Loma
A segment of the Santa
Teresa trail abuts this
subdivision. This trail
segment and the Rocky
Knoll trail will be
constructed as part of this
project. The subdivision
Yes
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STANDARD REQUIRED PROPOSED CONFORMS?
Ranch Specific Plan.
Future
Neighborhoods that
develop adjacent to
the trail segments
shall respect the trail
alignments as
adopted.
has been designed to
accommodate
construction of both trails
as envisioned by the
Specific Plan.
TRS-4 Trail segments will
be constructed by
individual projects
adjacent to the trails.
The completed trail
segments and an
area equivalent to
the width of future
multi-use trails will be
built to city standards
and dedicated to the
City of Gilroy.
A segment of the Santa
Teresa trail abuts this
subdivision. This trail
segment and the Rocky
Knoll trail will be
constructed as part of this
project.
Yes
FPS-1 The size of each
Focal Point shall be
at least 4,500 square
feet in size.
Each neighborhood
provides a focal point
area exceeding 4,500
square feet.
Yes
NLS-1 Neighborhoods that
lie adjacent to Santa
Teresa Boulevard
shall provide a fifty-
foot (50’) buffer for
acoustical and
aesthetic
considerations.
The Malvasia II and
Rocky Knoll
neighborhoods are
located adjacent to Santa
Teresa Boulevard and
will be visible from that
roadway. The developer
has designed both
neighborhoods with
townhouse units fronting
on Santa Teresa
Boulevard. This design
eliminates the need for
soundwalls along this
frontage. The closest
residential unit is located
a minimum of 50 feet
from the Santa Teresa
Boulevard future face-of-
curb.
Yes
NLS-6 Neighborhoods that
lie adjacent to Santa
The Malvasia II and
Rocky Knoll
Yes
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STANDARD REQUIRED PROPOSED CONFORMS?
Teresa Boulevard
are encouraged to
feature higher
density residential
product types so the
buildings provide
noise shielding in lieu
of soundwalls.
neighborhoods are
located adjacent to Santa
Teresa Boulevard. Both
neighborhoods will be
developed with multi-
family housing. The
design of these
neighborhoods will
eliminate the need for
soundwalls.
Applicable Glen Loma Ranch Specific Plan Guidelines
STANDARD REQUIRED PROPOSED CONFORMS?
VAG-1 Through streets are
preferred, but loop
streets are
permitted to form
interconnecting grid
patterns.
This subdivision proposes
a combination of through
and looped streets that
connect to surrounding
through streets within the
Specific Plan area.
Yes
NLG-2 In cases where
sound walls are
used, the following
measures should
be used:
• Breaks and
openings shall be
incorporated in
the design of the
sound walls.
• Locate sound
walls behind
berms and/ or
landscaping to
screen them from
Santa Teresa
Boulevard.
The applicant has
designed the subdivision
to minimize soundwalls.
Only short sections of
streets will require
soundwalls, such that no
breaks are needed.
Instead, the soundwalls
will be screened with
landscaping.
Yes
Staff Analysis for Tentative Map (TM 20-05): The subject property would create three
neighborhoods within the Glen Loma Ranch Specific Plan area: the Canyon Creek (40
lots); the Rocky Knoll (six lots for 41 townhouse units); and the Malvasia II
neighborhoods (nine lots for 42 townhouse units). The proposed tentative map would
also create parcels for open space areas, as well as public and private streets .
In accordance with Section 21.41(i) of the Gilroy City Code, initial approval of a tentative
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map is valid for twenty-four (24) months. Such approval may only be extended at the
Council’s discretion.
a) Site Layout and Lot Sizes: TM 20-05 proposes to subdivide land located in
the central portion of the specific plan area, northeast of Santa Teresa
Boulevard, and south and southwest of West Luchessa Avenue. This
subdivision is bordered to the north by open space and the Nebbiolo, Malvasia
I, and The Glen Neighborhoods; to the south by Santa Teresa Boulevard and
the Eagle Ridge development; to the east by the Town Center and Malvasia I
neighborhoods; and to the west by the Montonico neighborhood and Santa
Teresa Boulevard and the Eagle Ridge development (see attachment 2 for
reduced plans).
The following chart summarizes the proposed parcels and land uses:
Land Use Acreage Lot(s)
Public Open Space Lots and
trail easements (Santa
Teresa trail and Rocky Knoll
trail)
0.3 A1
Private Open Space Lots 29.21 B1-B18
Residential Lots 6.79 1-55
Public Streets 0.81 n/a
Private Streets 4.26 n/a
Total 41.37
Canyon Creek Neighborhood: The Canyon Creek neighborhood is located
between W. Luchessa Avenue and Santa Teresa Boulevard. Canyon Creek is
northeast of the rocky knoll area and adjacent to Reservoir Canyon Creek. A
portion of the Rocky Knoll trail (a hiking and bicycle trail) running adjacent to
Reservoir Canyon Creek will be developed with this neighborhood.
The Canyon Creek neighborhood consists of 40 single-family Compact lots, at a
density of 10.26+/- DU/net acre. [Compact Lots are described in the Specific
Plan in Section 7, page 24.] Lots in this neighborhood range in size from
3,520+/- to 7,200+/- square feet and will be served by private streets [Vinador
Place, Fortino Court, Bellini Court] with 40 on-street parking spaces. [Note: all
on-street parking discussed in this tentative map analysis is in addition to
parking in garages and driveways.]
Eight homes in this neighborhood will back onto West Luchessa Avenue,
necessitating a 6-foot high sound wall on that street. [Note: an acoustical
analysis prepared for this Specific Plan has determined that soundwalls with a
height of six feet are adequate to meet General Plan noise standards.
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Therefore, all soundwalls discussed in this tentative map analysis will be six feet
high.] All lots within this neighborhood will front on private streets; 15 lots will be
accessed by private driveways off Fortino Court.
Sixteen lots in this neighborhood will side or back onto private preserved open
space areas. These include lots 3, 4, 9, 10, 15; 16 through 24; 35 and 36. See
related discussion concerning homes backing onto open space in the “Open
Space” section of this report (Section D). Lots backing onto preserved open
space areas will provide open view fencing to the open space area, in
accordance with the adopted Specific Plan.
The neighborhood includes a 0.12+/- -acre private open space area to be
developed as a neighborhood focal point (parcel B11). As with all
neighborhoods included in this tentative map, the neighborhood focal point
design will be considered as part of the architectural and site review application.
Rocky Knoll Neighborhood: The Rocky Knoll neighborhood is adjacent to Santa
Teresa Boulevard. Like the Canyon Creek neighborhood, the Rocky knoll
neighborhood is adjacent to the rocky knoll area and adjacent to Reservoir
Canyon Creek. A portion of the Rocky Knoll trail will be developed with this
neighborhood. Access to the Rocky Knoll neighborhood will be provided by an
extension of Merlot Drive (Merlot Court).
All six residential lots in the Rocky Knoll neighborhood will be developed with
townhouse units (41 units). All units will be oriented toward adjacent streets or
the rocky knoll open space area. This design will minimize the visibility of
parking areas, as well as eliminate the need for sound walls.
The neighborhood includes a 1.7+/- -acre private open space areas to be
developed as a neighborhood focal point.
Malvasia II: The Malvasia II neighborhood is located at the southeast corner of
West Luchessa Avenue and Santa Teresa Boulevard. It is bordered by streets
on three side and an open space area on the fourth side . The Malvasia II
neighborhood will receive access from Merlot Drive, via Luchessa Avenue.
All nine residential lots in the Malvasia II neighborhood will be developed with
townhouse units (42 units). All units will be oriented toward adjacent streets.
This design will minimize the visibility of parking areas, as well as eliminate the
need for sound walls.
The Malvasia neighborhood includes a 0.4+/- -acre private open space areas to
be developed as a neighborhood focal point.
b) Density: The densities of the neighborhoods proposed in this phase of the
Glen Loma Ranch Specific Plan are shown in the chart below.
Neighborhood Total Units Net Area Net Density
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(acres) (DU/Acre)
Canyon Creek 40 3.9 10.26+/-
Rocky Knoll 41 1.39 29.5+/-
Malvasia II 42 1.5 28+/-
Totals: 123 6.79 18.11
(average)
c) Circulation: The Glen Loma Ranch Specific Plan includes a circulation
system composed of arterial, collector and local roads connecting to Santa
Teresa Boulevard, Miller Avenue, Tenth Street, and West Luchessa Avenue.
The Specific Plan also includes a well-developed system of bicycle and
pedestrian trails that provide connectivity throughout the Specific Plan area
and to adjacent residential neighborhoods, Christmas Hill Park, and the Uvas
Creek Park Preserve. Opportunities for transit are also included within the plan
area.
Private streets within the Canyon Creek, Rocky Knoll and Malvasia II
subdivision comply with city of Gilroy private street standards in terms of lane
width, sidewalk width, and parking stall width; all private streets will be
maintained by the homeowners’ association. The names of the new private
streets have been approved in accordance with the Development Agreement.
Access to the Canyon Creek, Rocky Knoll and Malvasia II subdivision will be
provided by West Luchessa Avenue, Merlot Drive, Vinador Place, Vintner
Street and Fortino Court.
d) Open Space: In addition to the specific plan-wide open space and focal point
areas discussed above, the Malvasia II and Rocky Knoll neighborhoods will
develop the portions of the Class I (paved) Santa Teresa trail that abuts the
properties. The entire Rocky Knoll trail will also be constructed with the Rocky
Knoll and Canyon Creek neighborhoods, connecting the Santa Teresa trail to
West Luchessa Avenue.
Trail/Open Space Interfaces: City general plan policies discourage homes
backing onto open space areas because homes block the view of the open
space and prevent it from being monitored. In addition, recreational use of
open space areas can be a nuisance to residents who want to peacefully enjoy
their rear yards. However, in consideration of the fact that approximately 25
percent of the Glen Loma Ranch Specific Plan area will be maintained as
permanent preserved open space with corresponding limitations on the
project’s ability to construct housing surrounding the open space, the city
agreed to permit the Glen Loma Ranch Specific Plan to design homes backing
onto open space areas. These homes are required to construct open fencing
to allow property owners to monitor the open space areas. Portions of the
Canyon Creek neighborhood back onto open space. Those homes backing
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onto open space will be required to construct open fencing.
Some townhomes in the Rocky Knoll and Canyon Creek subdivisions will face
the Santa Teresa and Rocky Knoll trails. Because the homes will face the
trails, there would be no need for fencing at these interfaces.
Open Space Buffers/Fuel Transition Zones: Specific plan policy POSS-5
requires open space buffers around preserved open space areas. These
buffers, which act as fuel transition zones (FTZ), are areas of mowed, native
vegetation and are specified in Specific plan figure 26. The buffers/FTZs
shown on the proposed tentative map comply with Specific Plan requirements.
Open Space Maintenance: All open space within the three neighborhoods,
the Santa Teresa trail, and the Rocky Knoll trail will be maintained by the
homeowners’ association.
e) Stormwater Treatment Basins: The tentative map shows two detention
basins: one on parcel B4 and one on parcel B18. The basins are designed to
provide stormwater detention and stormwater treatment for the proposed
development. The treatment basins will be constructed as part of project
improvements.
f) On and Off-Site Improvements: The following on-site improvements would
be developed as part of this tentative map approval: West Luchessa Avenue
along the property boundary; Santa Teresa Trail and associated landscaping;
and Rocky Knoll trail and associated landscaping. The following off-site
improvements would be developed as part of this tentative map approval:
completion of outstanding mitigation measures discussed above.
g) Property Dedications and Easements: The developer will dedicate trail land
to the city for the Santa Teresa trail improvements and easements; the public
right-of-way along West Luchessa Avenue; and land required for public
services easements.
FINDINGS: As discussed and analyzed above, the following findings can be made in
support of the tentative map request:
i) The proposed Tentative Map is generally consistent with the intent of the
goals and policies of the Glen Loma Ranch Specific Plan.
ii) The proposed Tentative Map is consistent with the intent of the goals and
policies of the City's General Plan.
iii) The proposed development is consistent with the Zoning Ordinance and
the City's Subdivision and Land Development Code, and the State
Subdivision Map Act.
iv) Public utilities and infrastructure improvements needed to serve the
proposed project are in close proximity.
v) There will be no significant environmental impacts resulting from this
project due to the required mitigation measures to be applied.
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As such, staff supports a recommendation of approval by the Planning Commission with
the recommended conditions included in the proposed resolution.
Gilroy Unified School District (GUSD): Project plans were routed to the GUSD for
review and comments. Gilroy Unified School District staff has provided the following
information about this site:
a) The Glen Loma Ranch development is served by the following schools: Las
Animas Elementary, Ascension Solorsano Middle School, and Gilroy High
School. The District might construct an additional elementary school within
the Glen Loma Ranch Specific Plan area in the future, if warranted.
b) District staff expects approximately 66 students to be generated from this
project and has determined that the schools serving the Glen Loma Ranch
development have adequate capacity to serve the students generated by the
new homes.
Technical Advisory Committee (TAC): Project plans were routed to Engineering,
Building, Police, and Fire representatives for internal review and comment. The TAC
considered the project on October 1, 2020, February 25, 2021 and May 20, 2021.
Recommendations of the TAC members have been incorporated into the project plans
and/or are included as recommended conditions in attached resolution(s).
Pursuant to Section 21.41(a), the Tentative Map was distributed for consideration by
various departments and utility agencies. Standard comments received are incorporated
in the recommended conditions of approval.
Bicycle Pedestrian Committee (BPC): On March 23, 2021, the applicant gave a
presentation on the Glen Loma Ranch Specific Plan and the Canyon Creek, Rocky
Knoll and Malvasia II subdivision to the BPC. The presentation had a special focus on
completion of the Santa Teresa trail between Ballybunion and West 10 th street;
completion of W. Luchessa Avenue from Miller Avenue to Santa Teresa Boulevard at
Ballybunion with class II bike lanes; and construction of the Rocky Knoll trail.
Noticing: Property owner information (i.e. list, labels, and map) within 500 feet of the
subject site were generated by First American Title Company using current ownership
data. On February 25, 2022, notices of this Planning Commission meeting were mailed
to the property owners along with other interested parties. The noticed was published in
the Gilroy Dispatch on February 25, 2022. In addition, the property has been posted
with on-site signage notifying passersby of pending development, and the Planning
Commission public hearing packets are available through the City's webpage.
Appeal Procedure: The Planning Commission's action is not final, but rather a
recommendation. As such, the matter will be considered by the City Council at a late r
date.
Attachments:
1. TM 20 05 Location Map
2. Mitigation Measure Status
3. TM 20-05 Plans
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4. TM 20-05 Draft Resolution
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City of Gilroy
TM 20-05, Canyon Creek, Rocky Knoll and Malvasia II
Location Map
Date:August 19, 2021Drawn By:8,000 Checked By:1:Sheet:Scale:
5.A.a
Packet Pg. 25 Attachment: TM 20 05 Location Map (3654 : TM 20-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021STEP 011Step 01 - Prior to approval of the first tentative map.Prepared by Nuvis (project Landscape Architect) Applicant Responsibility Complete for ProjectA buffer along the entire length of the boulevard, in varying identified widths depending upon topography and views into the site; Santa Teresa Boulevard Landscape Plan Submitted 2/20/2013 to the City of GilroyLandscaping along Santa Teresa Boulevard to enhance and blend into the natural landscape and screen, to the greatest extent feasible, views of structures including berm/sound wall combinations; Design options for entry features consistent with General Plan policy 1.10;Design options for berm/sound wall combinations and signs; and Class I Santa Teresa Multi-Use Regional Trail.12Step 01 - Prior to approval of the first tentative map. (Rocky Knoll area is not part of the Phase 1 TM)Open Space Management Plan was prepared by Zander & Associates, the project biologist.Open Space Management Plan submitted Jan. 8, 2014 to the City of Gilroy.Note: CC&R's were submitted by the applicant as part of the first Final Map will reference this document.Complete for Project47Step 01 - Prior to approval of the first tentative map.Provided with the Phase 1 TM Submittal Applicant: submitted with the Phase 1 TM Complete for Project48Step 01 - Prior to approval of the first tentative map.Provided with the Phase 1 TM Submittal Applicant: submitted with the Phase 1 TM Complete for Project49Step 01 - Prior to approval of the first tentative map.A plan was developed at a meeting with the Fire Chief, Community Development Director and the Fire Marshal on Dec. 18, 2013.Applicant submitted a letter dated Dec. 19, 2013 documenting the plan.Complete for Project51Step 01 - Prior to approval of the first tentative map.This report was prepared by the consultant and reviewed/commented on several times by the Fire Marshall. Applicant: submitted this previously reviewed report with the Phase 1 TMComplete for ProjectPrior to the approval of the first tentative map, the project proponent shall prepare a Santa Teresa Boulevard Landscaped Buffer Plan to include, but not be limited to, the following components: The preserved serpentine rocky grassland on site shall be actively managed to reduce indirect impacts resulting from public use. This may include ranch-style wood fencing surrounding the knoll to protect the area from off-road vehicle use. Additionally, a short trail system could be installed to direct public access with interpretive signs at trailheads to educate the public on the uniqueness of the serpentine grassland community. The project proponent of any future development on the project site shall include habitat management measures in future project plans, subject to review and approval of the City of Gilroy Planning Prior to approval of the first tentative map, the applicant shall provide written verification and mapping of the approximate 17 percent of the project site previously used for non-dryland crop use (e.g., wine grapes, tomatoes, cucumbers, strawberries). Prior to approval of the first tentative map, the project proponent shall prepare a program for monitoring the need for development of the new fire station. The monitoring program shall be consistent with the requirements of the development agreement between the project proponent and the City of Gilroy and is subject to review by the City Fire Marshal.Prior to approval of the first tentative map, the project proponent shall have an “urban wildland interface planner” prepare a report to address the vegetation in the Preserved Open Space and evaluate fuel management and modification. The report shall be based on fuel modeling and fire behavior for the existing vegetation. As each neighborhood adjacent to the Preserved Open Space is developed, the recommendations of the report shall be implemented by the developer in the adjacent Preserved Open Space. The required width of the Fuel Transition Zones shall also be at least the width as recommended in the report. Prior to approval of tentative maps, use permits, or architectural review applications of neighborhoods identified as part of mapping required in Mitigation Measure #47, the developer shall have a Phase I Environmental Site Assessment prepared. Based on the findings of the Phase I Environmental Site Assessment, clean up and disposal of such contamination, if present, shall be in compliance with federal, state and local regulations governing the clean-up and disposal of hazardous waste.Monitoring Responsibility, Method & TimingCity Planning StaffCity Staff - part of the Phase 1 TM reviewCity Staff - part of the Phase 1 TM reviewCity Staff - review/revision/acceptance of the implementation steps to be presented in the Dec. 18, 2013 meeting.City Staff - part of the Phase 1 TM reviewCity of Gilroy W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 1 of 125.A.bPacket Pg. 26Attachment: Mitigation Measure Status (3654 : TM 20-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 027Step 02 - Prior to approval of the each tentative map or use permit.Project Biologist: Letters dated 10-11-2013, Feb. 18, 2014 & Feb. 21, 2014 note and accept buffers, anticipated encroachments and the proposed crossings for the entire project.Mr. Zander personally walked the site in April 2, 2013, and placed colored pin flag designating the type of open space/required setback. The pin flags were field surveyed and the setbacks were accordingly established for the project.Complete.Setbacks were established for the entire GLR project with the Ph. 1 Tentative MapNeighborhoods with TM's that are confirmed to conform with the setbacks established on the Ph. 1 TM.: Mataro, Petite Sirah, Vista Bella, Home Ranch, Wild Chestnut, Montonico, Palomino, McCutchen, The Grove, and LuchessaThe remaining TM's/Site Applications have been reviewed for conformance as they are submitted.8Step 02 - Prior to approval of the each tentative map or use permit.There is no filling of drainage corridors with Phase 1 TMApplicant to obtain HCP permits prior to grading permit issuance for future phase that disturb such features.HCP in place now. Applicant is preparing the application now.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-site at a minimum 3:1 replacement ratio.13Step 02 - Prior to approval of each tentative map or use permit.To be a note on each TM stating that these requirements will be included on the project grading plans.Applicant - put note on TMs & include in the errosion control plans that accompany the final grading plan.Applicant - include erosion control plans with each grading plan set.Is part of the grading & improvements plans submitted with each neighborhood in GLRPending for future TM's/Site ApplicationsThe Phase 1 TM Master Plan Sheets shows the expected open-bottom culvert crossings that will be with future TM's. Prior to approval of each individual tentative map or use permit, 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.Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to include adequate buffer areas to protect wetlands, waters of the U.S., oak/riparian woodland, and other open space areas to be preserved in the specific plans area (coastal scrub areas, mixed cultivated woodland, and rocky serpentine grassland areas), subject to review and approval of the City of Gilroy Planning Division. Project plans shall indicate that no development is to occur within 100 feet of a defined creek bank or edge of riparian corridor. Project plans shall indicate that no development is to occur within 50 feet of other open space areas; however, this setback may be reduced due to site constraints or to accomplish specific project goals subject to review and approval of the City of Gilroy Planning Division, but shall in no event be less than 30 feet. Wherever possible, buffer areas shall be planted with locally-obtained native grasses, shrubs and woodland understory species.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:A comprehensive 404 (b) permit with the Army Corp of Engineers that covers all disturbances within the Glen Loma Ranch Specific Plan area has been issued by the Corps for signature. The RWQCB permit for all of GLR has been issued.HCP application for the disturbance in this these neighborhood has been approved.City Staff - require submittal Biologist's letter as part of the Phase 1 TM review. City Staff: review future TM's for conformance with the buffers, etc. establish on the Phase 1 TM for the entire project.City Staff - None with Phase 1 TMHCPApplication reviewProject Biologist: 10-11-2013 letter notes and accepts the proposed crossings. Also, biologist's letters dated Feb. 18, 2014 & Feb. 21, 2014.City Staff - To review with each subsequent TM and corresponding grading/building permits. Also, confirm that the payment of the HCP fee is in lieu of a 3:1 replacement.City Staff - part of each TM review to confirm a note requiring such in on each TM.City Staff - to confirm the requirements, or their equivalent, are part of the project errosion control plan accompanying each submittal for a grading permit.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 2 of 125.A.bPacket Pg. 27Attachment: Mitigation Measure Status (3654 : TM 20-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 02 (CONTINUED)15Step 02 - Prior to approval of each tentative map or use permit.No wetlands are expected to be disturbed within the project.The Phase 1 TM Master Plan Sheets shows the expected crossings that will be with future TM's. The developed area for the Phase 1 does not disturb such features.None with Phase 1.Note on future TM when a disturbance is anticipated.Applicant to obtain permits prior to grading permit issuance for future phase that disturb such features.The Wetland Delineation with the US Army Corp is complete for the entire GLR Specific Plan is complete.A comprehensive 404 (b) permit with the Army Corp of Engineers that covers all disturbances within the Glen Loma Ranch Specific Plan area has been issued by the Corps for signature. The RWQCB permit for all of GLR has been issued.17Step 02 - Prior to approval of each tentative map or use permit.To be a note on each TM stating that these requirements will be included on the landscaping plan prior to approval of the respective FM.Include this detail on each set of landscaping plans that include trails.Applicant: Note on each TM that includes a public-accessed trail.Applicant: include detail on each landscaping plan that includes trails.Note is included on the GLR TM'sPending for future TM's/Site Applications in applicable neighborhoods.18Step 02 - Prior to approval of each tentative map or use permit.The trees within or adjacent to potential disturbance areas were tagged and field located by land surveying methods.The Arborist has the trees in the field and reviewed the grading area for the entire specific plan area. The resulting arborist report identifies the trees to be removed. The report identifies the "significant" trees and establish the replacement requirements.Applicant: Arborist report and recommendations are complete for the entire specific plan area.Applicant: engage the Arborist during grading operations to assure the recommendations are followed and replanting is completed properly.Complete for Project. Future: Assure compliance with future TM's/Site Applications and for grading plan submittals with future neighborhoods.22Step 02 - Prior to approval of each tentative map or use permit.Only affect the Phase1A TM.Was provided with the Phase 1 TM SubmittalApplicant: has obtained a qualified Geotechnical consultant to investigate and prepare a reportComplete for Project. Project developers shall have a fault investigation performed for each tentative map or site plan approval within the fault rupture zone to determine if there is an active fault located within the fault rupture zone. The investigation shall determine, but not be limited to, the location of the fault (if any), and the anticipated severity of seismic activity of the fault. A copy of the report shall be presented to the City of Gilroy and the County of Santa Clara Planning Office. Project developers shall use the findings of the report for structural design or avoidance of the potential hazard. The fault investigations shall be subject to the review and approval by the City Engineering Division, prior to the approval of tentative maps and/or architectural and site plan approval. Prior to approval of a tentative map for each phase of the proposed project requiring removal or alteration to potential wetlands and/or waters of the U.S., a wetland delineation shall be prepared according to U.S. Army Corps of Engineers guidelines. The actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on project plans for each development project and the wetland delineation for each development phase. The project proponent shall obtain all necessary permits and/or approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan shall include, but not be limited to, creation of wetlands on site to mitigate for unavoidable impacts to waters of the U.S. and wetlands resulting from development activities.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.Prior to tentative map or use permit approval of areas that contain any significant tree(s), a field survey shall be conducted by a certified arborist to determine the number and location of each significant tree to be removed, the type and approximate size of each significant tree, and the reason for removal. These findings shall be included in a written report that contains specifications for replacing significant trees to be removed.City Staff - None with Phase 1.HCP Application reviewCity Staff - To review with each subsequent TM and corresponding grading/building permits. Confirm that the payment of the HCP fee prior to grading for each phase.City Staff - confirm note on each TM.City Staff - assure compliance on each set of landscaping plans that include trails.City Staff - confirm the arborists report for the entire specific plan area, which was submitted with the Phase 1 TM review.City Staff - confirm that each grading plan/site permit application conforms with the arborist report and that the replacement trees are planted as recommended.City Staff - with the Phase 1 TM review.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 3 of 125.A.bPacket Pg. 28Attachment: Mitigation Measure Status (3654 : TM 20-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 02 (CONTINUED)23a. The pond(s) should be located to collect the storm water runoff from the project site and discharge to either McCutchin or Reservoir Creeks. the existing drainage corridors and/or existing outfalls that are tributary to Uvas Creek. b. Any discharge from the pond(s) should release a maximum of storm water runoff for pre-project conditions (see tables 18 and 19 in the Draft EIR).c. The pond(s) should be sized a total of approximately 8.9 acre-feet to provide for appropriate storm water quantities and filter pollutants for the purpose of water quality.d. The pond(s) shall not replace any proposed preserved open space at the project site, that was assumed to provide as the preserved open space provides flood control and water quality benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003).27Step 02 - Prior to approval of each tentative map or use permit.Study for Montonico was prepared by Illingworth & RodkinApplicant: has obtained a qualified Accoustical consultant who prepared the report for Phase 1 TM.Complete for these neighborhoodsSTEP 0311Step 03 - Prior to recordation of the first final map and/or final improvement plans.Future submittal of CC&R's with individual project Improvement Plans/Final Maps CC&R's have been submitted by applicant, to be confirmed with the review of each FMThe CC&R's are complete for the entire GLR project. These neighborhoods will become part of the association.Future: each neighborhood to be included in the GLR HOA as it develops.Prior to recordation of the first final map within the Glen Loma Ranch Specific Plan area, the project proponent shall ensure that a suitable ownership structure (i.e., homeowner's association or similar mechanism) is established prior to occupancy to take long-term responsibility for maintaining and funding the ongoing management of any open space, woodland, vegetated riparian, or other habitat conservation easements on site. The homeowner's association, or other suitable mechanism, shall be structured so that it is responsible for enforcing habitat protection and maintenance measure to protect onsite biological resources. The homeowner's association any assess fines to property owners who are non-compliant with these measures. Fines assessed by the homeowner's association shall be used for on-site habitat protection, maintenance, and restoration, as necessary. Any noncompliance shall be reported to the City of Gilroy Planning Division and California Department of Fish and Game by the homeowners association.Future developers adjacent to Santa Teresa Boulevard, and along internal project arterials, shall prepare a noise impact assessment, by a noise consultant acceptable to the City, to determine if the project would be significantly affected by general plan buildout traffic volumes. If the noise impact assessment concludes that the project would not meet the noise standards of the general plan, the project shall be redesigned to be consistent with the general plan noise element policy 26.03 and 26.05, and with the noise standards in the Guidelines for Sound Attenuation and Visual Preservation of the Santa Teresa Boulevard Corridor Policy. The noise attenuation feature shall be no higher than seven feet above the existing grade at the property line. The appropriate height of the noise attenuation feature shall be incorporated into applicable tentative maps prior to their approval. Noise attenuation features shall be landscaped and primarily consist of earthen berms, and an appropriate funding mechanism for maintenance shall be identified.The specific plan shall be revised to Each tentative map shall include a detention pond or ponds to collect storm water in the case of 2-, 10-, 25-, and 100-year peak storm events. Detention ponds shall be designed according to the recommendations presented in the Hydrologic Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the following:Step 02 - Prior to approval of each tentative map or use permit.This mitigations was updated in the Addendum to the GLR EIR prepared in March 2014.Addendum prepared for approval with the Phase 1 TMApplicant's Engineer - submitted the basin locations, sizing and accompanying calculations for the entire SP area with the Phase 1 TM. The Project Biologist has accepted the basin locations for the entire SP areaas shown on the Phase 1 TM. Project EIR Hydrologist reviewed and accepted the locations.Applicant's Engineer's design for each neighborhood will include the basin design and calculations with the improvement plan/final map plan check submittals.City Staff - with the Phase 1 TM review.City Staff: with the review of each subsequent TMCity Staff - CC&R review with each FMComplete for Project.The runoff from these neighborhoods are served by basins shown on the TM.Future: The design conformance checks will be ongoing with the Improvement Plans for each neighborhood.Addendum has been prepared and is to be approved with Phase 1 TMThe Phase 1 TM sets forth the basin locations, sizing and calculations for the entire project site. The preliminary drainage design conforms with the MM, as confirmed in the Feb. 19, 2014 S&W letter.The Project Biologist, Mike Zander, has approved the location of the proposed basin/water quality sites for the projects, as shown on the TM in a letter dated Feb. 21, 2014.City Engineering staff: will confirm the design conformance at the time of their FM/Improvement/Grading Plan checks for each neighborhood/sub-phase, as the project progresses.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 4 of 125.A.bPacket Pg. 29Attachment: Mitigation Measure Status (3654 : TM 20-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & Timing16Step 03 - Prior to recordation of the first final map and/or final improvement plans.Lighting design as part of each improvement plan / FM processApplicant: obtain a qualified designer to design and work with the City. Will be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.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. City Staff - part of the improvement plan check processW:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 5 of 125.A.bPacket Pg. 30Attachment: Mitigation Measure Status (3654 : TM 20-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & Timing26Step 03 - Prior to recordation of the first final map and/or final improvement plans.Final SWMP for Ph. 1A is being processed now.Future individual projects will prepare final SWMP's with each set of Improvement/Grading PlansApplicant as part of each individual improvement plan/FM submittalWill be part of the Improvement Plans for these neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.STEP 043Step 04 - Prior to approval of each final grading plan.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; andSweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.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; andReplant vegetation in disturbed areas as quickly as possible.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; andLimit the area subject to excavation, grading and other construction activity at any one time.STEP 054Step 05 - 30 days prior to commencement of grading or construction activities.An application will be prepared for each neighborhood as part of it respective grading plan review.Applicant to prepare & submit an HCP application with each neighborhood grading plan.Complete for the Neighborhoods on this TM.Future Neighborhoods: Applicable during each grading plan check, before the start of grading for any respective future phase.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.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: The following measures shall be implemented at all construction sites: Future individual projects will include these requirement in the project improvement plans.Applicant as part of each individual grading plan submittal including erosion control plan and notes addressing these items.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); 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: The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy, prior to issuance of a grading permit. The permit shall include all applicable project conditions.City Staff - reviewing as part of the improvement plan check processWill be part of the Improvement Plans for the Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.City Staff - with the review of individual grading plans.City Staff - during City construction inspectionsCity Staff: Review, comment on, and approve the application.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 6 of 125.A.bPacket Pg. 31Attachment: Mitigation Measure Status (3654 : TM 20-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 05 (CONTINUED)5Step 05 - 30 days prior to commencement of grading or construction activities.Required for each individual project/grading permit. Applicant: as part of each individual improvement plan/FM submittalApplicant: hire qualified Biologist to provide the survey within 30 days of the grading commencementWill be performed prior to the start of grading - note included on the grading plan.Future: Applicable before the start of grading for any respective future phase.6Step 05 - 30 days prior to commencement of grading or construction activities.Required for each individual project/grading permit. Applicant: as part of each individual improvement plan/FM submittalApplicant: hire qualified Biologist to provide the survey within 30 days of the grading commencementWill be performed prior to the start of grading - note included on the grading plan.Future: Applicable before the start of grading for any respective future phase.19Step 05 - 30 days prior to commencement of grading or construction activities.Future individual projects will include these requirement in the project plans.Applicant: as part of each individual improvement plan/FM submittal. Applicant: hire qualified Biologist to provide the survey within 30 days of the grading commencementWill be performed prior to the start of grading - note included on the grading plan.Future: Applicable before the start of grading for any respective future phase.STEP 0630Step 06 - Prior to approval and issuance of the first building permit in Phase I.(Being constructed by the County)This project is being implemented by the county, therefore, the project payment of its Traffic Impact Fee satisfies this implementation measure.Applicant to pay TIF fee with each unit Complete w/ TIF payment by applicant per Rick Smelser at the time that the first neighborhood was processed, and ongoing GLR TIF payments.31Step 6 - Prior to approval and issuance of the first building permit in Phase I.Prior to first building final in Phase 1.The City desires a roundabout and the traffic control of this intersection, in place of a signal.The project Development Agreement adjusted the timeing of this mitigation to be "operational prior to the issuance of the first building permit in either the Petite Sarah or the Grove Neighborhoods.Applicant submitted improvement plans in Fall 2014Anticipated construction 2015.Complete - RBT is open to traffic.32Subject 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 vacation 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.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.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.Add an eastbound and a westbound left-turn lane on the Fitzgerald and Masten approaches to the Monterey Road/Masten Avenue intersection, and change the east-west signal phasing from split phasing to protected phasing. This intersection is within the City of Gilroy’s Transportation Master Plan and therefore, impact fees are collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the project proponent, prior to issuance of the first building permit.The applicant shall design and construct a two-lane roundabout (ultimate condition) at Santa Teresa Boulevard and Miller Avenue. The City of Gilroy will reimburse the developer for the cost of all ultimate improvements of teh RAB intersection up to the budgeted amount shown in the current city traffic impact fund. The design shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit.Not UsedCity Staff - require before the commencement of grading with each neighborhood.City Staff - require before the commencement of grading with each neighborhood.City Staff - with the review of individual Imp. Plans/FMCity Staff - during City construction inspectionsCity Staff - to collect TIF fee prior to building permit final.City with plan check review & approval, and City construction inspections.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 7 of 125.A.bPacket Pg. 32Attachment: Mitigation Measure Status (3654 : TM 20-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 06 (CONTINUED)33Step 06 - Prior to approval and issuance of the first building permit in Phase I.Preliminary geometrics for the RBT have been approved by the City Traffic Engineer.Design and plan check of the improvement plans for this improvement is underway.Applicant has submitted the improvement plans for this intersection to the City for first plan check.Collecting the GUSD Fair Share related to Las Animas Elementary School is the responsibility of the City of Gilroy. City could require of the GUSD or their buyer for The Grove neighborhood, when application is made to the City.Complete - RBT is open to traffic.STEP 0738Step 07 - Prior to approval and issuance of the first building permit occupancy in either the Wild Chestnut or Home Ranch neighborhoods in Phase 1. The City desires a roundabout and the traffic control of this intersection, in place of a signalApplicant: Submit the roundabout improvement plans with the Improvement Plans for the first neighborhood requiring it.Obtain County encroachment permit.Complete - RBT is open to traffic.STEP 0834Step 08 - Prior to approval and issuance of the first building permit occupancy in Phase II - signal only - complete, Remaining imp. Prior to occupancy in Ph. III.ROW is not purchased, and is not expected to be. Therefore, per the DA, and alternative mitigation can be persued.Applicant and City Staff to determine viable, equivelant alternatives, and to determine the improvements, costs and funding.The signal has been installed & satisfies the mitigation thru Ph. 2. As described in the Implementation Agreement, the project is proposing funding in addition to the project's TIF fees, for the City to use to fund the remainig improvement at their discretion.35Step 08 - Prior to approval and issuance of the first building permit in Phase II.Applicant is providing improvements as described in the Implementation Agreement.36Step 08 - Prior to approval and issuance of the first building permit in Phase II.Completed in the Higgins 2019 Traffic ReportCity with plan check review & approval, and City construction inspections.City Staff, working with applicant to identify the substitute improvement to replace this proposed improvement and to designate equivellant reimburseable funds in the TIFConvert the Thomas Road/Luchessa Avenue intersection to a one-lane modern roundabout. OR Signalize the Thomas Road/Luchessa Avenue intersection, add a northbound right turn lane, and add a northbound right turn overlap phasing to the signal phasing. 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 for Phase I. Note: The mitigated negative declaration for the planned elementary school within the specific plan, located on Luchessa Avenue within the Cabernet neighborhood, required implementation of this mitigation measure prior to opening the school. It was required due to unacceptable levels of services during the mid-afternoon peak hour. The mitigation measure requires the school district to pay their fair share of this improvement determined by agreement between the school district and the City of Gilroy.Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound and westbound left turn 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 II.City Staff: Assure applicant has fullfilled the requirements for the County encroachment permit. Review/approve the roundabout improvement plans as part of the Improvement Plans for the first neighborhood requiriing it.Prepare a traffic management plan of the Miller Avenue street section southwest of the intersection with Uvas Park Drive. The project proponent shall be responsible for preparation of the plan. The plan shall be subject to review and approval by the City staff and constructed by the project, prior to issuance of the first building permit in Phase II.The applicant shall design and construct a two-lane roundabout (ultimate condition) at Santa Teresa Boulevard and Ballybunion Drive. The City of Gilroy will reimburse the developer for the cost of all ultimate improvements of teh RAB intersection up to the budgeted amount shown in the surrent city traffic impact fund.The design shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit in the Wild Chestnut or Home Ranch neighborhoods in Phase 1.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.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 8 of 125.A.bPacket Pg. 33Attachment: Mitigation Measure Status (3654 : TM 20-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 0937Step 09 Prior to approval and issuance of the first building permit in Phase III.For a future TMMM is not triggered until Phase 339Step 09 - Prior to approval and issuance of the first building permit in Phase III.(The City Council requested the construction of the 10th Street Bridge in lieu of the widening of the Thomas Rd. Bridge.)MM is not triggered until Phase 340Step 09 Prior to approval and issuance of the first building permit in Phase III.Completed - this was confirmed by City Staff at the 11-06-2013 weekly meetingImprovement has been completed. Complete41Step 09 - Prior to approval and issuance of the first building permit in Phase III.(The CC requested the construction of the 10th Street Bridge in lieu of the widening of the Thomas Rd. Bridge.)This MM needs to be removed from the project City and Applicant to determine method of removing this MMMM is not triggered until Phase 34243Step 09 Prior to approval and issuance of the first building permit in Phase III.If the City does not posess the ROW when this item is required, the DA specifies that an alternative mitigation with be found.Applicant and City Staff to determine viable alternatives, and to determine the improvements, costs and funding.MM is not triggered until Phase 344Step 09 Prior to approval and issuance of the first building permit in Phase III.For a future TMMM is not triggered until Phase 3STEP 109Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project plans.Applicant to hire a qualified biologist to prepare the Habitat Restoration Plan.Habitat Restoration Plan is complete for the Project.City - to monitor when/if the first Phase III is proposed.City staff: Habitat Restoration Plan for the entire GLR project was submitted and approved with the Ph. 1 TMPlan check with gradiung permit.Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left-turn 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. 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 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.Convert the signal phasing at the Princevalle Street/Tenth Street intersection from permitted phasing to protected phasing. 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.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. 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.Not UsedAdd second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure.Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure.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.Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure. City - to monitor when/if the first Phase III is proposed.City - to monitor when/if the first Phase III is proposed.Improvement has been completed.MM was replaced by CC with a requirement to construct the 10th Street Bridge. Needs to be cleaned up before the Phase II TM approval.City - to monitor when/if the first Phase III is proposed.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 9 of 125.A.bPacket Pg. 34Attachment: Mitigation Measure Status (3654 : TM 20-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & Timing14Step 10 - Prior to approval and issuance of building or grading permits.- The Open Space Management Plan is the document that regulates this type of activity. It was prepared by the Project Biologist and was submitted to the City in January 2014.- All Landscape Plans prepared as part of A&S application or building permit application shall follow the Open Space Management Plan.Applicant shall include a note on plans requiring conformance with the Habitat Management Plan, and assure that any Landscape Plans conform to its requirements.Open Space Management Plan is complete for the entire GLR Project. A note will be included in the future Imp. & Grading Plans requiring conformance with the OSMP.20Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project plans.Applicant as part of each individual improvement plan/FM submittalWill be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.21Step 10 - Prior to approval and issuance of building or grading permits.Will be part of the building permit applications for each individual projectApplicant as part of the building plans With building permits for each neighborhood.24Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project grading plans.Applicant as part of each individual grading plan submittal for each neighborhood.Will be part of the grading plan process.25Step 10 - Prior to approval and issuance of building or grading permits.An enchrochment permit from the SCVWD is required for the installation of Reclaimed Water mains.Applicant included reclaimed water pipe in the improvement plans for each neighborhood where they are to be installed.With each applicable neighborhood, the applicant will apply for and obtain a SCVWD enchroachment permit - after the City Council has approved the FM and Improvement plans.Applicant will process and obtain an encroachment permit from the SCVWD for the reclaimed water mains after City Council, if the District still desires to have the oversized pipe installed and agrees to the reimbursements for the oversizing.28Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will be included with improvement and/or grading plans.Applicant as part of each individual grading plan submittal, when applicable.Will be part of the Improvement Plans for these Neighborhoods on this TM.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.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.Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project improvement plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: 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.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. 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. (SCVWD) prior to any work within 50 feet of on-site drainages, wetlands or riparian habitat.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.Applicable at each future FM/IP plan check process for each Neighborhood.City Staff with review of the building permit applicationCity Staff - review the SWPPP as part of the grading package for each neighborhood.City Staff - review and process plans.City Staff - with the review Landscape plans as part of individual A&S applications for conformance with the Open Space Management Plan.City Staff - with the review of individual Imp. Plans/FMCity Staff - with the review of individual grading permit applications, when applicable.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 10 of 125.A.bPacket Pg. 35Attachment: Mitigation Measure Status (3654 : TM 20-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 10 (CONTINUED)45Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project grading plans.NOTE: Prior to the approval of the final map and final grading plans for the Wild Chestnut neighborhood, the applicant shall have a qualified archaeologist conduct a survey and delineate Archaeological Site CA-SCL-243, in the vicinity of The Glen and Canyon Creek neighborhoods north of W. Luchessa Avenue, onto the respective Phase 1 Tentative Map preliminary grading sheets. This copy of the TM grading plans with the archaeology delineation shall be marked "Exempt from the Public Records Act - Not Available for Public Review." The archaeologist shall identify further recommendations, if any, which may include but not be limited to, archaeological monitoring during earth moving activities for these neighborhoods, within a specified distance of the archaeological site. - COMPLETEDApplicant as part of each individual grading/building permit plan submittal.Applicant have Archaeologist survey and delineation completed within the vicinity of The Glen and Canyon Creek neighborhoods north of W. Luchessa Avenue.Will be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.46Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project grading/building plans.Applicant as part of each individual grading/building plan submittal.Will be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.STEP 1110Step 11 - Prior to commencement of construction activities associated with the Reservoir Canyon Creek Bridge.Required with a future phase of development Applicant to hire biologist Not Applicable to these Tracts.Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: 1) 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.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.City Staff - with the review of individual grading permit applications, when applicable.City Staff - assure Archaeologist's information is submitted on exhibits, but not made available to the general public.City Staff - with the review of individual grading/building permit applicationsCity construction inspector(s) during constructionBiologist and City, during constructionW:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 11 of 125.A.bPacket Pg. 36Attachment: Mitigation Measure Status (3654 : TM 20-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 1250Step 12 - Prior to approval of the first occupancy permit.Required with each building permit application To be included in the building plans at the time of building permit submittalRequired with building permits.52Step 12 - Prior to approval of the first occupancy permit.Future submittal of CC&R's with individual project Improvement Plans/Final Maps CC&R's be submitted by applicant, to be confirmed with the review of each FMComplete - Included in the project CC&Rs29Not the Responsibility of The Project ProponentThis area has been improved by Caltrans Not ApplicableComplete - Improvement already completed by CaltransNo action required.Lengthen the existing southbound acceleration lane at Castro Valley Road as an auxiliary lane between Castro Valley Road and the off-ramp to Highway 25. The combined acceleration/auxiliary lane would extend the nearly 2,000 feet between Castro Valley Road and the off-ramp to Highway 25. This intersection is outside of the City of Gilroy’s Transportation Master Plan and therefore, impact fees are not collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the County of Santa Clara. Note: Mitigation Measure 29 is not the responsibility of the project proponent.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. 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.Not ApplicableCity Staff - CC&R's for the project were submitted to the CityCity with the issuance of individual building permitsW:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 12 of 125.A.bPacket Pg. 37Attachment: Mitigation Measure Status (3654 : TM 20-05)
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RESOLUTION NO. 2022-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 20-05,
A SUBDIVISION OF A 41.4+/- ACRE SITE INTO 40 COMPACT SINGLE-
FAMILY LOTS IN THE CANYON CREEK NEIGHBORHOOD; SIX LOTS
FOR THE CREATION OF 41 TOWNHOUSE UNITS IN THE ROCKY
KNOLL NEIGHBORHOOD; AND NINE LOTS FOR THE CREATION OF 42
TOWNHOUSE UNITS IN THE MALVASIA II NEIGHORHOOD, FOR A
TOTAL OF 55 RESIDENTIAL LOTS AND 123 RESIENITAL UNITS; ONE
PUBLIC OPEN SPACE PARCEL FOR THE CONSTRUCTION OF THE
SANTA TERESA TRAIL; ONE PUBLIC TRAIL EASEMENT FOR THE
ROCKY KNOLL TRAIL; 18 PRIVATE OPEN SPACE PARCELS THAT
WILL BE MAINTAINED BY THE HOMEOWNERS’ ASSOCIATION; AND
ASSOCIATED PUBLIC AND PRIVATE STREETS ON PROPERTY
LOCATED NORTHEAST OF SANTA TERESA BOULEVARD, SOUTH
AND SOUTHWEST OF WEST LUCHESSA AVENUE (APN # 808-18-032
and 808-58-005), FILED BY GLEN LOMA GROUP/FILICE FAMILY
ESTATE, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020.
WHEREAS, The Glen Loma Group/Filice Family Estate submitted an application
requesting a tentative map to subdivide an approximate 41.4+/- acre site into 40 Compact
single-family lots in the Canyon Creek neighborhood; six lots for the creation of 41
townhouse units in the Rocky Knoll neighborhood; and nine lots for the creation of 42
townhouse units in the Malvasia II neighborhood, for a total of 55 residential lots and 123
residential units; one public open space parcel for the construction of the Santa Teresa
trail; one public trail easement for the Rocky Knoll Trail; 18 private open space parcels
that will be maintained by the homeowners’ association; and associated public and private
streets; and
WHEREAS, the subject property is located within th e Glen Loma Ranch Specific
Plan area, northeast of Santa Teresa Boulevard, south and southwest of West Luchessa
Avenue, commonly known as the Canyon Creek, Rocky Knoll and Malvasia II
neighborhoods; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
tentative map (TM 20-05), in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations; and
WHEREAS, said tentative map 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
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WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma
Ranch Development Agreement; and
WHEREAS, the Planning Commission finds the tentative map conforms to the
City's General Plan and elements thereof, including the “Glen Loma Ranch Specific Plan”
and the “Neighborhood District Policy”; and
WHEREAS, an environmental impact report (EIR) was prepared for this site 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.
WHEREAS, the Planning Commission 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 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 Planning Commission finds that no additional CEQA analysis is
required; and
WHEREAS, a mitigation monitoring and reporting plan has be en prepared,
consistent with the certified EIR; and
WHEREAS, the Planning Commission finds, after due study, deliberation and
public hearing, the following circumstances exist:
1. The proposed tentative map is generally consistent with the intent of the
goals and policies of the “Glen Loma Ranch Specific Plan.”
2. The proposed tentative map is generally consistent with the intent of the
goals and policies of the “Neighborhood District Policy.”
3. The proposed tentative map is generally consistent with the intent of the
goals and policies of the City's General Plan.
4. The proposed development is consistent with the Zoning Ordinance and
the City's Subdivision and Land Development Code, and the State
Subdivision Map Act.
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5. Public utilities and infrastructure improvements needed in order to serve
the proposed project are in close proximity.
6. As identified in the certified EIR, all significant environmental impacts
associated with buildout of the Glen Loma Ranch Specific Plan area can
be reduced to a less than significant level with the implementation of
adopted mitigation measures identified in the certified EIR, except for air
quality. The proposed project would result in a significant, unavoidable
environmental impact with regard to project emissions and consistency
with the Bay Area 2000 Clean Air Plan. When adopting the specific plan in
2005, the City Council adopted a statement of overriding considerations,
finding that the benefits of the project outweighed this environmental
effect.
WHEREAS, the Planning Commission finds that the applicant agrees with the
necessity of and accepts all elements, requirements, and conditions of this resolution as
being a reasonable manner of preserving, protectin g, providing for, and fostering the
health, safety, and welfare of the citizenry in general and the persons who work, visit or
live in this subdivision in particular.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Gilroy hereby recommends to the City Council the approval of the tentative map,
subject to the following conditions:
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for tentative map TM 20-05 is granted to
subdivide an approximate 41.4+/- acre site into 40 Compact single-family lots in
the Canyon Creek neighborhood; six lots for the creation of 41 townhouse units in
the Rocky Knoll neighborhood; and nine lots for the creation of 42 townhouse
units in the Malvasia II neighborhood, for a total of 55 residential lots and 123
residential units; one public open space parcel for the construction of the Santa
Teresa trail; one public trail easement for the Rocky Knoll Trail; 18 private open
space parcels that will be maintained by the homeowners’ association; and
associated public and private streets on Assessor Parcel No. 808-18-032 and
808-58-005, as shown on Project Plans dated as received by the Planning
Division on July 30, 2021 prepared by Ruggeri-Jensen-Azar for the Glen Loma
Corporation, dated July 2021, and consisting of 20 sheets.
Build-out of the project shall conform to the plans, except as otherwise specified in
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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 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 first final 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
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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.
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 th e qualified biologist. If construction
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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 a nd 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 the se
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-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.
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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 prio r
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 shie lds to reduce
illumination of the surrounding landscape. Lighting shall be directed away from
open space areas (corresponds to EIR Mitigation Measure 16).
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
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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).
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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.
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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 conside r
LOS E as an 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 signa lized 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.
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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).
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
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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 Rocky Knoll and Malvasia II neighborhoods or annex
these neighborhoods into the existing Glen Loma Ranch HOA . The HOAs 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
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
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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 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
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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 f ind 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 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
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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.
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.
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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. Intentionally Left Blank
53. 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.
54. 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.
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55. GENERAL - At first improvement plan submittal, developers engineer shall
submit a calculation for sanitary sewer and water generation per the City’s
Master Plan design criteria.
56. 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.
57. 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.
58. FEE - Prior to final 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. In surance shall be
provided per the terms of the agreement.
59. 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 de veloper shall submit an
Erosion Control Plan to the Public Works Director for review and approval.
This plan shall incorporate erosion control devices and other techniques in
accordance with Municipal Code § 27C to minimize erosion. Specific
measures to control sediment runoff, construction pollution and other potential
construction contamination sediment runoff, construction pollution and other
potential construction contamination shall be addressed through the Erosion
Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The
SWPPP shall supplement the Erosion Control Plan and project improvement
plans. These documents shall also be kept on-site while the project is under
construction. A Notice of Intent (NOI) shall be filed with the State Water
Resources Control Board, with a copy provided to the Engineering Division
before a grading permit will be issued. WDID# shall be added to the grading
plans prior to plan approval.
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60. 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.
61. 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 drai nage
patterns, i.e., tributary areas, drainage amount and velocity shall not be altered
by the development.
62. GRADING & DRAINAGE - All grading and improvement plans shall identify the
vertical elevation datum, date of survey, and surveyor.
63. 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.
64. 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.
65. PUBLIC IMPROVEMENTS – Prior to Final 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.
66. 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.
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67. 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.
68. CONSTRUCTION - All construction water from fire hydrants shall be metered
and billed at the current hydrant meter rate.
69. 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.
70. 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.
71. 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.
72. 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.
73. 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.
74. 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
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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.
75. 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.
76. 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.
77. 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
78. 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 =$588
ii. Storm Development = $15,083
iii. Sewer Development = $856,941
iv. Water Development = $220,047
v. Traffic Impact = $1,259,643
vi. Public Facilities = $2,272,302
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.
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79. FEE - At first improvement plan submittal, Developer shall submit to Public
Works a $25,000 (Twenty-Five Thousand) initial deposit for plan check and
processing. This deposit will be credited/accounted for toward final plan check
and inspection fee.
80. GENERAL - No building permits shall be issued until the Final Map is
recorded.
81. 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.
82. 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.
83. 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.
84. Intentionally Left Blank
85. GENERAL - At first submittal, developer shall provide a Geotechnical report
that includes pavement section recommendations for all public and private
street pavement sections.
86. 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
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87. 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.
88. 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.
89. 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
90. PUBLIC IMPROVEMENTS - Trail, landscaping, and frontage improvements
along Santa Teresa Blvd., Canyon Creek, and Luchessa Ave shall be
constructed with the contiguous Final Map and Improvement Plans.
91. PUBLIC IMPROVEMENTS - The current layout may conflict with future Santa
Teresa Blvd plan line widening. At first plan submittal, Santa Teresa Blvd.
frontage improvements cannot conflict with future Santa Teresa Blvd. plan line
widening improvements. At first plan submittal, show complete cross sections
from the property line to existing Santa Teresa Blvd. including the proposed
widened of Santa Teresa.
92. Intentionally Left Blank
93. PUBLIC IMPROVEMENTS – At first plan submittal, provide all sight distance
exhibits showing adequate sight distance.
94. PUBLIC IMPROVEMENTS - The developer shall microsurface W. Luchessa
from Santa Teresa Blvd prior to project acceptance.
95. 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
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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.
96. Intentionally Left Blank
97. 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.
98. CONSTRUCTION – Prior to Final 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.
99. 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.
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100. 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).
101. TRANSPORTATION – At first plan submittal, developer shall submit on-site
and off-site photometric plans.
102. TRANSPORTATION - At first plan submittal developer shall model all Solid
Waste 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.
103. 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.
104. 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.
105. 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.
106. 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 regulatio ns.
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.
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107. UTILITIES - The following items will need to be completed prior to first building
permit submittal:
a. The Developer shall provide joint trench composite plans for the
underground electrical, gas, telephone, cable television, and communication
conduits and cables including the size, location and details of all trenches,
locations of building utility service stubs and meters and placements or
arrangements of junction structures as a part of the Improvement Plan
submittals for the project. Show preferred and alternative locations for all utility
vaults and boxes if project has not obtained PG&E approval. A licensed Civil
or Electrical Engineer shall sign the composite drawings and/or utility
improvement plans. (All dry utilities shall be placed underground).
b. The Developer shall negotiate right-of-way with Pacific Gas and Electric
and other utilities subject to the review and approval by the Engineering
Division and the utility companies.
c. Will Serve Letter” from each utility company for the subdivision shall be
supplied to the City.
108. 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.
109. 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.
110. 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.
111. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways
shall have traffic rated boxes and lids.
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112. 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.
113. UTILITIES - The project shall fully comply with the measures required by the
City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code,
Chapter 27, Article VI), and subsequent amendments to meet the
requirements imposed by the State of California’s Water Board. This ordinance
established permanent voluntary water saving measures and temporary
conservation standards.
114. Intentionally Left Blank
115. UTILITIES - Prior to First Plan Submittal, , developer shall coordinate with
Valley Water and obtain written confirmation from Valley Water for the intent,
schedule, and commitment for the construction of the 36” recycle water line
and related facilities within the proposed W. Luchessa extension. The Final
Map and PIA will not be approved until Valley Water successfully provides a
reimbursement agreement, OR there is a mutual agreement between Valley
Water and Developer that the reimbursement agreement can be finalized after
Final Map approval and prior to any wet utility construction.
116. UTILTIES – All recycled water system improvements, including
appurtenances, shall be located within a PSE.
117. UTILITIES - The Developer/Applicant shall obtain a SCVWD permit for any
new recycled water mains connected to the existing Gilroy Water Reclamation
Facility system.
118. 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.
119. UTILITIES - Developer shall provide separate irrigation meter to serve this
development’s common area landscaping.
120. UTILITIES - Water lines and related facilities within the proposed subdivision
will be publicly owned and maintained.
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121. 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 prope rties
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.
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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.
122. 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.
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123. 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.
124. 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.
125. 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.
126. 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.
127. LANDSCAPING - Landscaping plans shall not conflict with the stormwater
management water treatment plan.
128. LANDSAPING – The proposed landscaping along the project public street
frontages and Roundabouts 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.
129. 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.
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130. MONUMENTS – All monuments shall be set per the recorded final map. A
certificate letter by the Surveyor or Engineer will be provided to the City
Engineer.
131. PROJECT ACCEPTANCE – At first improvement plan submittal, plans must
show current topographic survey including current improvements along all
adjacent public and private streets.
132. 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.
133. 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
134. PROJECT ACCEPTANCE – Prior to tract acceptance, developer shall submit
for review and approval all of the items identified in the Public Works
Department “Development Project Closeout” list.
135. FINAL MAP - All final maps shall designate all common lots as lettered lots.
The Final map should be clear on the limits of Public vs. Private (HOA)
designations.
136. FINAL MAP - Prior to final 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.
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137. FINAL MAP –The Final 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.
138. OTHER AGENCIES - Reservoir Canyon Creek runs though the site.
Developer shall obtain any permitting necessary by local, state, or federal
agencies related to any work within, near, or adjacent with Reservoir Canyon
Creek.
139. OTHER AGENCIES - Developer shall obtain Santa Clara County approval and
an encroachment permit for all work in the County Right of Way. Provide
Public Works Engineering Department a copy of the Santa Clara County
Encroachment.
140. Prior to Final 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.
PASSED AND ADOPTED this 10th day of March 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
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_______________________ ______________________________
Jon Biggs, Secretary Chairperson
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Karen L. Garner
DIRECTOR
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: March 10, 2022
TO: Planning Commission
FROM: Melissa Durkin, Planner II
SUBJECT: Tentative Map application to subdivide approximately 2.88 acres for
build-out of the Palomino phase II neighborhood of the Glen Loma
Ranch Specific Plan. Applicant Tim Filice representing Filice
Family Estate. (TM 21-05).
RECOMMENDATION:
Staff has analyzed the proposed project and recommends that the Planning
Commission adopt a resolution recommending that the City Council approve Tentative
Map TM 21-05, subject to certain findings and conditions.
BACKGROUND:
Request: Tentative Map application TM 21-05 (#21090019) requests subdivision of
approximately 2.88+/- acres for build-out of the Palomino II neighborhood of the Glen
Loma Ranch Specific Plan area. The subject site is located at the southeast corner of
Club Drive and Grenache Way. The site comprises APN # 808-43-003. The Palomino II
neighborhood is the second phase of the Palomino neighborhood and will continue the
pattern of development already established in that neighborhood.
The requested map proposes to create four Compact single-family lots. This
subdivision would also create one detention basin to serve the Glen Loma Ranch
McCutchin Creek and Palomino phases I and II neighborhoods. Tentative Map
application TM 21-05 is requested for mapping purposes only. Future build-out of these
lots will be in accordance with the specific plan. Application filed by Tim Filice
representing Filice Family Estate, 7888 Wren Avenue, Suite D143, Gilroy, CA 95020.
Subject Property and Surrounding Land Uses: The subject site is presently
undeveloped. The following table identifies the existing land uses and General Plan and
zoning designations of the project site and surrounding properties.
LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Project Site Undeveloped Palomino II Neighborhood Neighborhood
5.B
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LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Neighborhood District (ND)/Glen
Loma Ranch
Specific Plan
District/Planned
Development
(ND-PD) [Glen
Loma Ranch
Specific Plan]
North Uvas Creek Park Preserve Park and
Recreation Facility
Park/ Public
Facility
South
Glen Loma Ranch Palomino I
Neighborhood
Neighborhood
District (ND)/Glen
Loma Ranch
Specific Plan
ND-PD/Glen
Loma Ranch
Specific Plan
East
Ascencion Solorsano Middle
School
Public and Quasi-
Public Facility
ND-PD/Glen
Loma Ranch
Specific Plan
West
Glen Loma Ranch Olive Grove
Neighborhood
Neighborhood
District (ND)/Glen
Loma Ranch
Specific Plan
ND-PD/Glen
Loma Ranch
Specific Plan
Environmental Assessment: On November 7, 2005, the City Council certified the Glen
Loma Ranch Specific Plan Environmental Impact Report (EIR) with 52 mitigation
measures and adopted the Glen Loma Ranch Specific Plan. 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, if the project meets the requirements of
that section. Staff finds that the proposed subdivision meets the requirements of section
15182 for the following reasons:
1. The Gilroy City Council certified the Glen Loma Ranch Specific Plan
Environmental 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.
Because the project meets the requirements of section 15182, no additional CEQA
analysis is required.
The mitigation measures listed in the attached resolution would need to be implemented
for this project. Implementation of these mitigation measures will be required prior to
submittal of the first final map submitted pursuant to this requested tentative map
approval.
Future Architectural and Site Reviews: In accordance with the Glen Loma Ranch
Development Agreement, architectural and site review permits for projects within Glen
Loma Ranch, including the Palomino II neighborhood, would be approved by the
5.B
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3
planning manager at staff level, provided the plans are consistent with specific plan
requirements.
ANALYSIS:
General Plan Consistency: The City's General Plan designates the subject site as
Neighborhood District/Glen Loma Ranch Specific Plan, which supports the proposed
project request. The proposal conforms to the goals and policies of the General Plan , as
discussed below:
POLICY # TITLE AND SUMMARY ANALYSIS
LU 1.1 Pattern of Development.
Ensure orderly, contiguous
development pattern;
prioritize infill development;
phase new development;
encourage compactness
and efficiency; preserve
surrounding open space
and agricultural resources;
and avoid incompatible land
uses.
The Palomino II subdivision follows the
development pattern envisioned by the
Glen Loma Ranch Specific Plan. This
subdivision is located adjacent to the
Palomino I neighborhood and continues
the pattern of development in Palomino I.
Development of Palomino II will utilize
infrastructure currently in place or under
construction to support the Specific Plan
as a whole. In addition, this phase of
development will require completion of the
Glen Loma Ranch Specific Plan EIR
mitigation measures, which will ensure
needed infrastructure is in place to support
this development. With implementation of
the remaining mitigation measures, the
proposed map is consistent with this
policy.
LU 2.6 Glen Loma Ranch.
Maintain and implement the
Glen Loma Ranch Specific
Plan to guide development
in the area and ensure the
new neighborhoods provide
a complementary mix of
housing, retail, services,
public facilities, and open
space.
The Palomino II subdivision has been
designed in accordance with the adopted
Glen Loma Ranch Specific Plan. The
proposed neighborhoods is part of the
overall Specific Plan, which provides a
complementary mix of housing types,
public facilities and open space. The
proposed map is consistent with this
policy.
LU 3.2 Connectivity. Encourage
new residential
development to incorporate
design features that
promote walking and
The Palomino II subdivision tentative map
incorporates connectivity between
neighborhoods. The proposed map is
consistent with this policy.
5.B
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POLICY # TITLE AND SUMMARY ANALYSIS
connectivity between
blocks.
LU 3.11 Noise Mitigation Design.
Promote the use of
techniques less visually
intrusive than sound walls,
including but not limited to
site design techniques.
No sound walls will be constructed as part
of this project. The proposed map is
consistent with this policy.
M 1.5, 1.9,
1.10, 2.2,
3.2, 3.4
Interconnected
Residential Streets.
Encourage street patterns
that provide direct access
between neighborhoods for
automobiles, pedestrians,
and bicycles and
connections to nearby
neighborhood commercial
services.
Bicycle and pedestrian
Path Network. Develop
and maintain a network of
paths along linear parks,
public easements,
drainages, and other open
space areas to
accommodate bicycle and
pedestrian traffic.
The Specific Plan overall provides
compact, mixed-use development and a
series of trails to encourage bicycle and
pedestrian use. Transit opportunities will
be provided throughout the Specific Plan
area. The trails constructed with the other
Specific Plan neighborhoods will provide
pedestrian and bicycle access between
neighborhoods and to the future
commercial and recreational areas within
the Specific Plan area.
The proposed map is consistent with this
policy.
Neighborhood District Policy Consistency: This property is located within the
Glen Loma Ranch Specific Plan Neighborhood District area, which was planned in
compliance with General Plan Neighborhood District policies. The resolution
approving the Glen Loma Ranch Specific Plan found that the design of the Plan was
consistent with General Plan Neighborhood District policies (City Council Resolution
2005-82). The following Specific Plan components support that determination.
A) Density Requirements: The “Neighborhood District Policy” [The Policy] sets
minimum, but not maximum, density standards, and provides incentives for
projects to achieve a higher “Target” density of approx imately 8 units per acre
[The Policy section 8.1]. The Glen Loma Ranch Specific Plan addressed The
Policy’s density requirements by setting requirements for minimum and
maximum densities in each neighborhood; establishing a range of product
types that could be developed within each neighborhood; and by requiring a
mix of lot sizes and housing types within larger neighborhoods [Glen Loma
5.B
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5
Ranch Specific Plan section 4]. While individual neighborhoods within the
Specific Plan area may not meet minimum or target densities, the Specific
Plan overall has been designed to meet these densities.
B) Affordable Housing Requirements: The Policy requires that each
Neighborhood District development construct a minimum of fifteen percent
(15%) of its units at affordable prices. The adopted Development Agreement
and Specific Plan set forth the specific considerations related to affordable
housing and senior housing within the Glen Loma Ranch Specific Plan area.
In accordance with the Development Agreement, 15.1 percent of the units
constructed will be sold or rented at affordable levels, resulting in a potential
maximum of 256 affordable units within this Specific Plan area. This number is
comprised of seventy-five (75) unrestricted “Senior” units (29.3%), that are
intended to be affordable by design (i.e. smaller units constructed at a higher
density); seventy-five (75) “affordable Senior” units (29.3%) that will be
affordable in accordance with adopted City policies; and 106 multi-family units
(41.4%) that will be affordable in accordance with adopted City policies.
These units may be either sold or rented. That number of affordable units is
required if the developer achieves the maximum Specific Plan build out of
1,693 units; if fewer units are constructed, the number of affordable units
required will be reduced accordingly, while maintaining the 15.1 percent
affordability ratio.
Staff anticipates a total of 1,275 units in the portion of the Specific Plan area
that the Glen Loma Group controls. This would equate to a requirement for
193 affordable units in this portion of the Specific Plan area. Glen Loma
Ranch has entitled, and is in the process of constructing, the following
affordable units:
Neighborhood Type # of units
required out
of 1,275 unit
Total
No. of Units
Provided
Town Center
Affordable
Senior
Affordable
Apartments
60 (29.3%) 62 (32.1%)
Town Center
Affordable
Multi-Family
Affordable
Apartments
78 (41.4%) 94 (48.7%)
Town Center
Multi-Family
Senior
Unrestricted
Townhouse
Units
57 (29.3%) 46 (23.8%)
Total Affordable Units 193 202 (104.6% of
requirement)
5.B
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As this chart shows, 202 units have been provided, which is 4.6% more than
required. Therefore, the developer has exceeded the affordable unit
obligation for the likely residential build-out of Glen Loma’s portion of the
Specific Plan area.
There are fewer Senior Unrestricted Units than anticipated, but far more multi-
family affordable units and a few more senior affordable units. The actual unit
mix produced is better than the unit mix negotiated via the development
agreement because only multi-family affordable units and the senior
affordable units satisfy the state’s Regional Housing Needs Allocation
(RHNA) low-income and very-low income housing requirements. The senior
unrestricted units are being sold at moderate-income prices, which is a
category that is over-represented in Gilroy.
The Gilroy Unified School District owns two other properties within the
Specific Plan area: the Cabernet Neighborhood, which has been devel oped
with Las Animas Elementary School, and the Olive Grove neighborhood. If
either of these neighborhoods develops with residential units, the future
developer may need to develop affordable housing units to ensure the
Specific Plan area meets the 15.1% affordability requirement.
C) Neighborhood Open Space: The Policy requires open space to meet the
needs of residents in the neighborhood district area. Specifically, this policy
requires “minimum standards for recreational areas and [. . .] a focal point
recreational area in each neighborhood.” This issue is discussed in the “Open
Space” section of this staff report. Staff believes the Glen Loma Ranch
Specific Plan will provide exceptional recreational and open space amenities
for residents as well as the community at large.
D) Housing Diversity: The Policy states, “Neighborhood District master and
specific plans shall mix housing of different densities together, integrating
them throughout the Neighborhood District.” The Glen Loma Ranch Specific
Plan meets this requirement by including the following housing types: compact
and traditional single-family lots, zipper lots, and multi-family attached units.
These housing types have been dispersed throughout the Specific Plan area.
The Palomino II tentative map will add four compact lots to the housing mix.
By complying with the requirements of the Glen Loma Ranch Specific Plan, the
Palomino II neighborhood complies with The Policy.
Santa Clara Valley Habitat Plan Consistency: The Glen Loma Group is
processing a Habitat Plan permit for this neighborhood, in conformance with the
requirements of Gilroy City Code Chapter 12.6. The Habitat Plan permit will
establish mitigation fees that will be paid to the agency prior to grading permit
issuance.
Conformance with Glen Loma Ranch Specific Plan Development Standards
and Guidelines: The proposed development is in the Glen Loma Ranch Specific
Plan area. In accordance with the Gilroy City Code, the proposed subdivision may
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be approved with a tentative map. Staff will review and approve the future
architectural and site review applications separate from this proposed subdivision, in
accordance with the Development Agreement. The following applicable
development standards have been considered for the proposed project.
Applicable Glen Loma Ranch Specific Plan Standards
STANDARD REQUIRED PROPOSED CONFORMS?
LUS-1 Each Neighborhood
within the Specific
Plan shall observe
the setbacks to
natural features
established within
the Specific Plan and
project Mitigation
Measures
The Palomino II
subdivision is surrounded
by developed or
developing land and will
not impact natural
features.
Yes
LUS-2 The Neighborhoods
within the Specific
Plan shall provide
visual as well as
physical access to
the natural features
being preserved and
enhanced subject to
environmental
consideration where
appropriate.
The Palomino II
subdivision is surrounded
by developed or
developing land and will
not impact access to the
open space areas.
Yes
LUS-11 Streets, and/or trails
shall link schools,
parks, commercial
areas, and
residential
Neighborhoods to
ensure pedestrian
access.
The Specific Plan has
been designed with a
system of streets and
trails that connect the
schools, parks,
commercial areas and
neighborhoods within the
Specific Plan area. The
proposed tentative map
implements this aspect of
the Specific Plan by
constructing streets that
will connect to the master
planned street system.
Yes
TCMF/
OSS-2
Provide pedestrian
paths to connect
parking, open space
and recreational
facilities.
The project has been
designed with sidewalks
that connect to parking,
open space and
recreational facilities.
Yes
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STANDARD REQUIRED PROPOSED CONFORMS?
FPS-1 The size of each
Focal Point shall be
at least 4,500 square
feet in size.
The neighborhood focal
point for the Palomino
Neighborhood was
designed as part of
Palomino I. The focal
point is 0.4 acres.
Yes
Applicable Glen Loma Ranch Specific Plan Guidelines
STANDARD REQUIRED PROPOSED CONFORMS?
VAG-1 Through streets are
preferred, but loop
streets are
permitted to form
interconnecting grid
patterns.
This subdivision proposes
a through street that
connects to surrounding
through streets within the
Specific Plan area.
Yes
Staff Analysis for Tentative Map (TM 21-05): The subject property would create four
compact lots in the Palomino II neighborhood. The proposed tentative map would also
create parcels for a detention basin and a private street.
In accordance with Section 21.41(i) of the Gilroy City Code, initial approval of a tentative
map is valid for twenty-four (24) months. Such approval may only be extended at the
Council’s discretion.
a) Site Layout and Lot Sizes: TM 21-05 proposes to subdivide land located on
the northern end of the specific plan area adjacent to Club Drive. This
subdivision is bordered to the north by Uvas Creek Park Preserve; to the south
by the Palomino I neighborhood; to the east by Ascencion Solorsano Middle
School; and to the west by the Olive Grove neighborhood (see attachment 2
for reduced plans).
The following chart summarizes the proposed parcels and land uses:
Land Use Acreage Lot(s)
Detention Basin 0.66 B10
Residential Lots 0.37 1-4
Private Street 1.85 N/A
Total 2.88
The Palomino II neighborhood is located on Club Drive between Grenache Way
(existing public street) and Friedrich Place (approved private street). Palomino
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II is the second phase of the Palomino I neighborhood, which was approved via
tentative map application TM 16-01.
The Palomino II neighborhood consists of four single-family Compact lots, at a
density of 10.81+/- DU/net acre. [Compact Lots are described in the Specific
Plan in Section 7, page 24.] Lots in this neighborhood range in size from
3,600+/- to 4,200+/- square feet and will be served by a private street [Friedrich
Place] with at least four on-street parking spaces. [Note: all on-street parking
discussed in this tentative map analysis is in addition to parking in garages and
driveways.]
All lots in this subdivision back onto a detention basin (lot B10). These lots will
be provided with a masonry wall, rather than open fencing, as the detention
basin is not preserved open space and will not be used for recreational
purposes.
b) Commercial Opportunity Site: The site where the Palomino II subdivision is
located is designated as a “Commercial Opportunity Site” on the specific plan
map. The Specific Plan description of the Palomino neighborhood more
specifically states that this Commercial Opportunity Site could be in the Olive
Grove, McCutchin Creek or Palomino neighborhoods, but does not require any
of the neighborhoods to be developed with a commercial component. Rather,
this site has been held in reserve to allow for a potential developer to acquire
this site for commercial development if the opportunity arises.
The applicant has submitted a letter from a commercial real estate service
(see attachment four). The letter indicates this site is not suitable for
commercial development for the following reasons:
1. The site is located mid-block with low traffic volumes;
2. The site has difficult ingress and egress;
3. The site does not have an anchor tenant that would attract customers;
and
4. The proximity to a middle school would eliminate the possibility of a
convenience store use.
Staff agrees that this site would not be suitable for a commercial use and
supports its development with a residential use.
c) Density: The density of the Palomino I neighborhood is shown in the chart
below.
Neighborhood Total Units Net Area
(acres)
Net Density
(DU/Acre)
Palomino II 4 0.37 10.81+/-
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d) Circulation: The Glen Loma Ranch Specific Plan includes a circulation
system composed of arterial, collector and local roads connecting to Santa
Teresa Boulevard, Miller Avenue, Tenth Street, and West Luchessa Avenue.
The Specific Plan also includes a well-developed system of bicycle and
pedestrian trails that provide connectivity throughout the Specific Plan area
and to adjacent residential neighborhoods, Christmas Hill Park, and the Uvas
Creek Park Preserve. Opportunities for transit are also included within the plan
area.
The private street within the Palomino II subdivision complies with city of
Gilroy private street standards in terms of lane width, sidewalk width, and
parking stall width; all private streets will be maintained by the homeowners’
association. The name of the new private street has been approved in
accordance with the Development Agreement.
Access to the Palomino II subdivision will be provided by Club Drive and
Friedrich Place.
e) Open Space: Although open space will be developed throughout the Specific
Plan area, no additional open space will be developed as part of the Palomino
II neighborhood.
f) Stormwater Treatment Basin: The tentative map shows one detention basin
on parcel B10. The basin is designed to provide stormwater detention and
stormwater treatment for the proposed development. The treatment basin will
be constructed as part of project improvements.
g) On and Off-Site Improvements: The following on-site improvements would
be developed as part of this tentative map approval: Friedrich Place along the
property boundary; and the stormwater treatment basin. The following off-site
improvements would be developed as part of this tentative map approval:
completion of outstanding mitigation measures discussed above.
FINDINGS: As discussed and analyzed above, the following findings can be made in
support of the tentative map request:
i) The proposed Tentative Map is generally consistent with the intent of the
goals and policies of the Glen Loma Ranch Specific Plan.
ii) The proposed Tentative Map is consistent with the intent of the goals and
policies of the City's General Plan.
iii) The proposed development is consistent with the Zoning Ordinance and
the City's Subdivision and Land Development Code, and the State
Subdivision Map Act.
iv) Public utilities and infrastructure improvements needed to serve the
proposed project are in close proximity.
v) There will be no significant environmental impacts resulting from this
project due to the required mitigation measures to be applied.
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As such, staff supports a recommendation of approval by the Planning Commission with
the recommended conditions included in this staff report.
Gilroy Unified School District (GUSD): Project plans were routed to the GUSD for
review and comments. Gilroy Unified School District staff has provided the following
information about this site:
a) The Glen Loma Ranch development is served by the following schools: Las
Animas Elementary, Ascension Solorsano Middle School, and Gilroy High
School. The District might construct an additional elementa ry school within
the Glen Loma Ranch Specific Plan area in the future, if warranted.
b) District staff expects approximately one student to be generated from this
project and has determined that the schools serving the Glen Loma Ranch
development have adequate capacity to serve the students generated by the
new homes.
Technical Advisory Committee (TAC): Project plans were routed to Engineering,
Building, Police, and Fire representatives for internal review and comment. The TAC
considered the project on September 16, 2021. Recommendations of the TAC
members have been incorporated into the project plans and/or are included as
recommended conditions in the attached resolution.
Pursuant to Section 21.41(a), the Tentative Map was distributed for consideration by
various departments and utility agencies. Standard comments received are incorporated
in the recommended conditions of approval.
Bicycle Pedestrian Committee (BPC): On October 26, 2021, staff presented the
Palomino II project to the BPC. The BPC did not provide project-specific comments or
recommendations.
Noticing: Property owner information (i.e. list, labels, and map) within 500 feet of the
subject site were generated by First American Title Company using current ownership
data. On February 25, 2022, notices of this Planning Commission meeting were mailed
to the property owners along with other interested parties. The notice was published in
the Gilroy Dispatch on February 25, 2022. In addition, the property has been posted
with on-site signage notifying passersby of pending development, and the Planning
Commission public hearing packets are available through the City's webpage.
Appeal Procedure: The Planning Commission's action is not final, but rather a
recommendation. As such, the matter will be considered by the City Council at a later
date.
Attachments:
1. TM 21-05 Location map
2. Mitigation Measure Status
3. Palomino II Tentative Map
4. Commercial Site Viability
5. TM 21-05 Draft Resolution
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TM 21-05
Glen Loma Ranch Palomino II
Location Map
5.B.a
Packet Pg. 101 Attachment: TM 21-05 Location map (3655 : TM 21-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021STEP 011Step 01 - Prior to approval of the first tentative map.Prepared by Nuvis (project Landscape Architect) Applicant Responsibility Complete for ProjectA buffer along the entire length of the boulevard, in varying identified widths depending upon topography and views into the site; Santa Teresa Boulevard Landscape Plan Submitted 2/20/2013 to the City of GilroyLandscaping along Santa Teresa Boulevard to enhance and blend into the natural landscape and screen, to the greatest extent feasible, views of structures including berm/sound wall combinations; Design options for entry features consistent with General Plan policy 1.10;Design options for berm/sound wall combinations and signs; and Class I Santa Teresa Multi-Use Regional Trail.12Step 01 - Prior to approval of the first tentative map. (Rocky Knoll area is not part of the Phase 1 TM)Open Space Management Plan was prepared by Zander & Associates, the project biologist.Open Space Management Plan submitted Jan. 8, 2014 to the City of Gilroy.Note: CC&R's were submitted by the applicant as part of the first Final Map will reference this document.Complete for Project47Step 01 - Prior to approval of the first tentative map.Provided with the Phase 1 TM Submittal Applicant: submitted with the Phase 1 TM Complete for Project48Step 01 - Prior to approval of the first tentative map.Provided with the Phase 1 TM Submittal Applicant: submitted with the Phase 1 TM Complete for Project49Step 01 - Prior to approval of the first tentative map.A plan was developed at a meeting with the Fire Chief, Community Development Director and the Fire Marshal on Dec. 18, 2013.Applicant submitted a letter dated Dec. 19, 2013 documenting the plan.Complete for Project51Step 01 - Prior to approval of the first tentative map.This report was prepared by the consultant and reviewed/commented on several times by the Fire Marshall. Applicant: submitted this previously reviewed report with the Phase 1 TMComplete for ProjectPrior to the approval of the first tentative map, the project proponent shall prepare a Santa Teresa Boulevard Landscaped Buffer Plan to include, but not be limited to, the following components: The preserved serpentine rocky grassland on site shall be actively managed to reduce indirect impacts resulting from public use. This may include ranch-style wood fencing surrounding the knoll to protect the area from off-road vehicle use. Additionally, a short trail system could be installed to direct public access with interpretive signs at trailheads to educate the public on the uniqueness of the serpentine grassland community. The project proponent of any future development on the project site shall include habitat management measures in future project plans, subject to review and approval of the City of Gilroy Planning Prior to approval of the first tentative map, the applicant shall provide written verification and mapping of the approximate 17 percent of the project site previously used for non-dryland crop use (e.g., wine grapes, tomatoes, cucumbers, strawberries). Prior to approval of the first tentative map, the project proponent shall prepare a program for monitoring the need for development of the new fire station. The monitoring program shall be consistent with the requirements of the development agreement between the project proponent and the City of Gilroy and is subject to review by the City Fire Marshal.Prior to approval of the first tentative map, the project proponent shall have an “urban wildland interface planner” prepare a report to address the vegetation in the Preserved Open Space and evaluate fuel management and modification. The report shall be based on fuel modeling and fire behavior for the existing vegetation. As each neighborhood adjacent to the Preserved Open Space is developed, the recommendations of the report shall be implemented by the developer in the adjacent Preserved Open Space. The required width of the Fuel Transition Zones shall also be at least the width as recommended in the report. Prior to approval of tentative maps, use permits, or architectural review applications of neighborhoods identified as part of mapping required in Mitigation Measure #47, the developer shall have a Phase I Environmental Site Assessment prepared. Based on the findings of the Phase I Environmental Site Assessment, clean up and disposal of such contamination, if present, shall be in compliance with federal, state and local regulations governing the clean-up and disposal of hazardous waste.Monitoring Responsibility, Method & TimingCity Planning StaffCity Staff - part of the Phase 1 TM reviewCity Staff - part of the Phase 1 TM reviewCity Staff - review/revision/acceptance of the implementation steps to be presented in the Dec. 18, 2013 meeting.City Staff - part of the Phase 1 TM reviewCity of Gilroy W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 1 of 125.B.bPacket Pg. 102Attachment: Mitigation Measure Status (3655 : TM 21-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 027Step 02 - Prior to approval of the each tentative map or use permit.Project Biologist: Letters dated 10-11-2013, Feb. 18, 2014 & Feb. 21, 2014 note and accept buffers, anticipated encroachments and the proposed crossings for the entire project.Mr. Zander personally walked the site in April 2, 2013, and placed colored pin flag designating the type of open space/required setback. The pin flags were field surveyed and the setbacks were accordingly established for the project.Complete.Setbacks were established for the entire GLR project with the Ph. 1 Tentative MapNeighborhoods with TM's that are confirmed to conform with the setbacks established on the Ph. 1 TM.: Mataro, Petite Sirah, Vista Bella, Home Ranch, Wild Chestnut, Montonico, Palomino, McCutchen, The Grove, and LuchessaThe remaining TM's/Site Applications have been reviewed for conformance as they are submitted.8Step 02 - Prior to approval of the each tentative map or use permit.There is no filling of drainage corridors with Phase 1 TMApplicant to obtain HCP permits prior to grading permit issuance for future phase that disturb such features.HCP in place now. Applicant is preparing the application now.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-site at a minimum 3:1 replacement ratio.13Step 02 - Prior to approval of each tentative map or use permit.To be a note on each TM stating that these requirements will be included on the project grading plans.Applicant - put note on TMs & include in the errosion control plans that accompany the final grading plan.Applicant - include erosion control plans with each grading plan set.Is part of the grading & improvements plans submitted with each neighborhood in GLRPending for future TM's/Site ApplicationsThe Phase 1 TM Master Plan Sheets shows the expected open-bottom culvert crossings that will be with future TM's. Prior to approval of each individual tentative map or use permit, 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.Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to include adequate buffer areas to protect wetlands, waters of the U.S., oak/riparian woodland, and other open space areas to be preserved in the specific plans area (coastal scrub areas, mixed cultivated woodland, and rocky serpentine grassland areas), subject to review and approval of the City of Gilroy Planning Division. Project plans shall indicate that no development is to occur within 100 feet of a defined creek bank or edge of riparian corridor. Project plans shall indicate that no development is to occur within 50 feet of other open space areas; however, this setback may be reduced due to site constraints or to accomplish specific project goals subject to review and approval of the City of Gilroy Planning Division, but shall in no event be less than 30 feet. Wherever possible, buffer areas shall be planted with locally-obtained native grasses, shrubs and woodland understory species.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:A comprehensive 404 (b) permit with the Army Corp of Engineers that covers all disturbances within the Glen Loma Ranch Specific Plan area has been issued by the Corps for signature. The RWQCB permit for all of GLR has been issued.HCP application for the disturbance in this these neighborhood has been approved.City Staff - require submittal Biologist's letter as part of the Phase 1 TM review. City Staff: review future TM's for conformance with the buffers, etc. establish on the Phase 1 TM for the entire project.City Staff - None with Phase 1 TMHCPApplication reviewProject Biologist: 10-11-2013 letter notes and accepts the proposed crossings. Also, biologist's letters dated Feb. 18, 2014 & Feb. 21, 2014.City Staff - To review with each subsequent TM and corresponding grading/building permits. Also, confirm that the payment of the HCP fee is in lieu of a 3:1 replacement.City Staff - part of each TM review to confirm a note requiring such in on each TM.City Staff - to confirm the requirements, or their equivalent, are part of the project errosion control plan accompanying each submittal for a grading permit.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 2 of 125.B.bPacket Pg. 103Attachment: Mitigation Measure Status (3655 : TM 21-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 02 (CONTINUED)15Step 02 - Prior to approval of each tentative map or use permit.No wetlands are expected to be disturbed within the project.The Phase 1 TM Master Plan Sheets shows the expected crossings that will be with future TM's. The developed area for the Phase 1 does not disturb such features.None with Phase 1.Note on future TM when a disturbance is anticipated.Applicant to obtain permits prior to grading permit issuance for future phase that disturb such features.The Wetland Delineation with the US Army Corp is complete for the entire GLR Specific Plan is complete.A comprehensive 404 (b) permit with the Army Corp of Engineers that covers all disturbances within the Glen Loma Ranch Specific Plan area has been issued by the Corps for signature. The RWQCB permit for all of GLR has been issued.17Step 02 - Prior to approval of each tentative map or use permit.To be a note on each TM stating that these requirements will be included on the landscaping plan prior to approval of the respective FM.Include this detail on each set of landscaping plans that include trails.Applicant: Note on each TM that includes a public-accessed trail.Applicant: include detail on each landscaping plan that includes trails.Note is included on the GLR TM'sPending for future TM's/Site Applications in applicable neighborhoods.18Step 02 - Prior to approval of each tentative map or use permit.The trees within or adjacent to potential disturbance areas were tagged and field located by land surveying methods.The Arborist has the trees in the field and reviewed the grading area for the entire specific plan area. The resulting arborist report identifies the trees to be removed. The report identifies the "significant" trees and establish the replacement requirements.Applicant: Arborist report and recommendations are complete for the entire specific plan area.Applicant: engage the Arborist during grading operations to assure the recommendations are followed and replanting is completed properly.Complete for Project. Future: Assure compliance with future TM's/Site Applications and for grading plan submittals with future neighborhoods.22Step 02 - Prior to approval of each tentative map or use permit.Only affect the Phase1A TM.Was provided with the Phase 1 TM SubmittalApplicant: has obtained a qualified Geotechnical consultant to investigate and prepare a reportComplete for Project. Project developers shall have a fault investigation performed for each tentative map or site plan approval within the fault rupture zone to determine if there is an active fault located within the fault rupture zone. The investigation shall determine, but not be limited to, the location of the fault (if any), and the anticipated severity of seismic activity of the fault. A copy of the report shall be presented to the City of Gilroy and the County of Santa Clara Planning Office. Project developers shall use the findings of the report for structural design or avoidance of the potential hazard. The fault investigations shall be subject to the review and approval by the City Engineering Division, prior to the approval of tentative maps and/or architectural and site plan approval. Prior to approval of a tentative map for each phase of the proposed project requiring removal or alteration to potential wetlands and/or waters of the U.S., a wetland delineation shall be prepared according to U.S. Army Corps of Engineers guidelines. The actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on project plans for each development project and the wetland delineation for each development phase. The project proponent shall obtain all necessary permits and/or approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan shall include, but not be limited to, creation of wetlands on site to mitigate for unavoidable impacts to waters of the U.S. and wetlands resulting from development activities.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.Prior to tentative map or use permit approval of areas that contain any significant tree(s), a field survey shall be conducted by a certified arborist to determine the number and location of each significant tree to be removed, the type and approximate size of each significant tree, and the reason for removal. These findings shall be included in a written report that contains specifications for replacing significant trees to be removed.City Staff - None with Phase 1.HCP Application reviewCity Staff - To review with each subsequent TM and corresponding grading/building permits. Confirm that the payment of the HCP fee prior to grading for each phase.City Staff - confirm note on each TM.City Staff - assure compliance on each set of landscaping plans that include trails.City Staff - confirm the arborists report for the entire specific plan area, which was submitted with the Phase 1 TM review.City Staff - confirm that each grading plan/site permit application conforms with the arborist report and that the replacement trees are planted as recommended.City Staff - with the Phase 1 TM review.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 3 of 125.B.bPacket Pg. 104Attachment: Mitigation Measure Status (3655 : TM 21-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 02 (CONTINUED)23a. The pond(s) should be located to collect the storm water runoff from the project site and discharge to either McCutchin or Reservoir Creeks. the existing drainage corridors and/or existing outfalls that are tributary to Uvas Creek. b. Any discharge from the pond(s) should release a maximum of storm water runoff for pre-project conditions (see tables 18 and 19 in the Draft EIR).c. The pond(s) should be sized a total of approximately 8.9 acre-feet to provide for appropriate storm water quantities and filter pollutants for the purpose of water quality.d. The pond(s) shall not replace any proposed preserved open space at the project site, that was assumed to provide as the preserved open space provides flood control and water quality benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003).27Step 02 - Prior to approval of each tentative map or use permit.Study for Montonico was prepared by Illingworth & RodkinApplicant: has obtained a qualified Accoustical consultant who prepared the report for Phase 1 TM.Complete for these neighborhoodsSTEP 0311Step 03 - Prior to recordation of the first final map and/or final improvement plans.Future submittal of CC&R's with individual project Improvement Plans/Final Maps CC&R's have been submitted by applicant, to be confirmed with the review of each FMThe CC&R's are complete for the entire GLR project. These neighborhoods will become part of the association.Future: each neighborhood to be included in the GLR HOA as it develops.Prior to recordation of the first final map within the Glen Loma Ranch Specific Plan area, the project proponent shall ensure that a suitable ownership structure (i.e., homeowner's association or similar mechanism) is established prior to occupancy to take long-term responsibility for maintaining and funding the ongoing management of any open space, woodland, vegetated riparian, or other habitat conservation easements on site. The homeowner's association, or other suitable mechanism, shall be structured so that it is responsible for enforcing habitat protection and maintenance measure to protect onsite biological resources. The homeowner's association any assess fines to property owners who are non-compliant with these measures. Fines assessed by the homeowner's association shall be used for on-site habitat protection, maintenance, and restoration, as necessary. Any noncompliance shall be reported to the City of Gilroy Planning Division and California Department of Fish and Game by the homeowners association.Future developers adjacent to Santa Teresa Boulevard, and along internal project arterials, shall prepare a noise impact assessment, by a noise consultant acceptable to the City, to determine if the project would be significantly affected by general plan buildout traffic volumes. If the noise impact assessment concludes that the project would not meet the noise standards of the general plan, the project shall be redesigned to be consistent with the general plan noise element policy 26.03 and 26.05, and with the noise standards in the Guidelines for Sound Attenuation and Visual Preservation of the Santa Teresa Boulevard Corridor Policy. The noise attenuation feature shall be no higher than seven feet above the existing grade at the property line. The appropriate height of the noise attenuation feature shall be incorporated into applicable tentative maps prior to their approval. Noise attenuation features shall be landscaped and primarily consist of earthen berms, and an appropriate funding mechanism for maintenance shall be identified.The specific plan shall be revised to Each tentative map shall include a detention pond or ponds to collect storm water in the case of 2-, 10-, 25-, and 100-year peak storm events. Detention ponds shall be designed according to the recommendations presented in the Hydrologic Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the following:Step 02 - Prior to approval of each tentative map or use permit.This mitigations was updated in the Addendum to the GLR EIR prepared in March 2014.Addendum prepared for approval with the Phase 1 TMApplicant's Engineer - submitted the basin locations, sizing and accompanying calculations for the entire SP area with the Phase 1 TM. The Project Biologist has accepted the basin locations for the entire SP areaas shown on the Phase 1 TM. Project EIR Hydrologist reviewed and accepted the locations.Applicant's Engineer's design for each neighborhood will include the basin design and calculations with the improvement plan/final map plan check submittals.City Staff - with the Phase 1 TM review.City Staff: with the review of each subsequent TMCity Staff - CC&R review with each FMComplete for Project.The runoff from these neighborhoods are served by basins shown on the TM.Future: The design conformance checks will be ongoing with the Improvement Plans for each neighborhood.Addendum has been prepared and is to be approved with Phase 1 TMThe Phase 1 TM sets forth the basin locations, sizing and calculations for the entire project site. The preliminary drainage design conforms with the MM, as confirmed in the Feb. 19, 2014 S&W letter.The Project Biologist, Mike Zander, has approved the location of the proposed basin/water quality sites for the projects, as shown on the TM in a letter dated Feb. 21, 2014.City Engineering staff: will confirm the design conformance at the time of their FM/Improvement/Grading Plan checks for each neighborhood/sub-phase, as the project progresses.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 4 of 125.B.bPacket Pg. 105Attachment: Mitigation Measure Status (3655 : TM 21-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & Timing16Step 03 - Prior to recordation of the first final map and/or final improvement plans.Lighting design as part of each improvement plan / FM processApplicant: obtain a qualified designer to design and work with the City. Will be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.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. City Staff - part of the improvement plan check processW:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 5 of 125.B.bPacket Pg. 106Attachment: Mitigation Measure Status (3655 : TM 21-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & Timing26Step 03 - Prior to recordation of the first final map and/or final improvement plans.Final SWMP for Ph. 1A is being processed now.Future individual projects will prepare final SWMP's with each set of Improvement/Grading PlansApplicant as part of each individual improvement plan/FM submittalWill be part of the Improvement Plans for these neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.STEP 043Step 04 - Prior to approval of each final grading plan.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; andSweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.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; andReplant vegetation in disturbed areas as quickly as possible.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; andLimit the area subject to excavation, grading and other construction activity at any one time.STEP 054Step 05 - 30 days prior to commencement of grading or construction activities.An application will be prepared for each neighborhood as part of it respective grading plan review.Applicant to prepare & submit an HCP application with each neighborhood grading plan.Complete for the Neighborhoods on this TM.Future Neighborhoods: Applicable during each grading plan check, before the start of grading for any respective future phase.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.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: The following measures shall be implemented at all construction sites: Future individual projects will include these requirement in the project improvement plans.Applicant as part of each individual grading plan submittal including erosion control plan and notes addressing these items.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); 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: The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy, prior to issuance of a grading permit. The permit shall include all applicable project conditions.City Staff - reviewing as part of the improvement plan check processWill be part of the Improvement Plans for the Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.City Staff - with the review of individual grading plans.City Staff - during City construction inspectionsCity Staff: Review, comment on, and approve the application.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 6 of 125.B.bPacket Pg. 107Attachment: Mitigation Measure Status (3655 : TM 21-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 05 (CONTINUED)5Step 05 - 30 days prior to commencement of grading or construction activities.Required for each individual project/grading permit. Applicant: as part of each individual improvement plan/FM submittalApplicant: hire qualified Biologist to provide the survey within 30 days of the grading commencementWill be performed prior to the start of grading - note included on the grading plan.Future: Applicable before the start of grading for any respective future phase.6Step 05 - 30 days prior to commencement of grading or construction activities.Required for each individual project/grading permit. Applicant: as part of each individual improvement plan/FM submittalApplicant: hire qualified Biologist to provide the survey within 30 days of the grading commencementWill be performed prior to the start of grading - note included on the grading plan.Future: Applicable before the start of grading for any respective future phase.19Step 05 - 30 days prior to commencement of grading or construction activities.Future individual projects will include these requirement in the project plans.Applicant: as part of each individual improvement plan/FM submittal. Applicant: hire qualified Biologist to provide the survey within 30 days of the grading commencementWill be performed prior to the start of grading - note included on the grading plan.Future: Applicable before the start of grading for any respective future phase.STEP 0630Step 06 - Prior to approval and issuance of the first building permit in Phase I.(Being constructed by the County)This project is being implemented by the county, therefore, the project payment of its Traffic Impact Fee satisfies this implementation measure.Applicant to pay TIF fee with each unit Complete w/ TIF payment by applicant per Rick Smelser at the time that the first neighborhood was processed, and ongoing GLR TIF payments.31Step 6 - Prior to approval and issuance of the first building permit in Phase I.Prior to first building final in Phase 1.The City desires a roundabout and the traffic control of this intersection, in place of a signal.The project Development Agreement adjusted the timeing of this mitigation to be "operational prior to the issuance of the first building permit in either the Petite Sarah or the Grove Neighborhoods.Applicant submitted improvement plans in Fall 2014Anticipated construction 2015.Complete - RBT is open to traffic.32Subject 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 vacation 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.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.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.Add an eastbound and a westbound left-turn lane on the Fitzgerald and Masten approaches to the Monterey Road/Masten Avenue intersection, and change the east-west signal phasing from split phasing to protected phasing. This intersection is within the City of Gilroy’s Transportation Master Plan and therefore, impact fees are collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the project proponent, prior to issuance of the first building permit.The applicant shall design and construct a two-lane roundabout (ultimate condition) at Santa Teresa Boulevard and Miller Avenue. The City of Gilroy will reimburse the developer for the cost of all ultimate improvements of teh RAB intersection up to the budgeted amount shown in the current city traffic impact fund. The design shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit.Not UsedCity Staff - require before the commencement of grading with each neighborhood.City Staff - require before the commencement of grading with each neighborhood.City Staff - with the review of individual Imp. Plans/FMCity Staff - during City construction inspectionsCity Staff - to collect TIF fee prior to building permit final.City with plan check review & approval, and City construction inspections.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 7 of 125.B.bPacket Pg. 108Attachment: Mitigation Measure Status (3655 : TM 21-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 06 (CONTINUED)33Step 06 - Prior to approval and issuance of the first building permit in Phase I.Preliminary geometrics for the RBT have been approved by the City Traffic Engineer.Design and plan check of the improvement plans for this improvement is underway.Applicant has submitted the improvement plans for this intersection to the City for first plan check.Collecting the GUSD Fair Share related to Las Animas Elementary School is the responsibility of the City of Gilroy. City could require of the GUSD or their buyer for The Grove neighborhood, when application is made to the City.Complete - RBT is open to traffic.STEP 0738Step 07 - Prior to approval and issuance of the first building permit occupancy in either the Wild Chestnut or Home Ranch neighborhoods in Phase 1. The City desires a roundabout and the traffic control of this intersection, in place of a signalApplicant: Submit the roundabout improvement plans with the Improvement Plans for the first neighborhood requiring it.Obtain County encroachment permit.Complete - RBT is open to traffic.STEP 0834Step 08 - Prior to approval and issuance of the first building permit occupancy in Phase II - signal only - complete, Remaining imp. Prior to occupancy in Ph. III.ROW is not purchased, and is not expected to be. Therefore, per the DA, and alternative mitigation can be persued.Applicant and City Staff to determine viable, equivelant alternatives, and to determine the improvements, costs and funding.The signal has been installed & satisfies the mitigation thru Ph. 2. As described in the Implementation Agreement, the project is proposing funding in addition to the project's TIF fees, for the City to use to fund the remainig improvement at their discretion.35Step 08 - Prior to approval and issuance of the first building permit in Phase II.Applicant is providing improvements as described in the Implementation Agreement.36Step 08 - Prior to approval and issuance of the first building permit in Phase II.Completed in the Higgins 2019 Traffic ReportCity with plan check review & approval, and City construction inspections.City Staff, working with applicant to identify the substitute improvement to replace this proposed improvement and to designate equivellant reimburseable funds in the TIFConvert the Thomas Road/Luchessa Avenue intersection to a one-lane modern roundabout. OR Signalize the Thomas Road/Luchessa Avenue intersection, add a northbound right turn lane, and add a northbound right turn overlap phasing to the signal phasing. 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 for Phase I. Note: The mitigated negative declaration for the planned elementary school within the specific plan, located on Luchessa Avenue within the Cabernet neighborhood, required implementation of this mitigation measure prior to opening the school. It was required due to unacceptable levels of services during the mid-afternoon peak hour. The mitigation measure requires the school district to pay their fair share of this improvement determined by agreement between the school district and the City of Gilroy.Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound and westbound left turn 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 II.City Staff: Assure applicant has fullfilled the requirements for the County encroachment permit. Review/approve the roundabout improvement plans as part of the Improvement Plans for the first neighborhood requiriing it.Prepare a traffic management plan of the Miller Avenue street section southwest of the intersection with Uvas Park Drive. The project proponent shall be responsible for preparation of the plan. The plan shall be subject to review and approval by the City staff and constructed by the project, prior to issuance of the first building permit in Phase II.The applicant shall design and construct a two-lane roundabout (ultimate condition) at Santa Teresa Boulevard and Ballybunion Drive. The City of Gilroy will reimburse the developer for the cost of all ultimate improvements of teh RAB intersection up to the budgeted amount shown in the surrent city traffic impact fund.The design shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit in the Wild Chestnut or Home Ranch neighborhoods in Phase 1.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.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 8 of 125.B.bPacket Pg. 109Attachment: Mitigation Measure Status (3655 : TM 21-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 0937Step 09 Prior to approval and issuance of the first building permit in Phase III.For a future TMMM is not triggered until Phase 339Step 09 - Prior to approval and issuance of the first building permit in Phase III.(The City Council requested the construction of the 10th Street Bridge in lieu of the widening of the Thomas Rd. Bridge.)MM is not triggered until Phase 340Step 09 Prior to approval and issuance of the first building permit in Phase III.Completed - this was confirmed by City Staff at the 11-06-2013 weekly meetingImprovement has been completed. Complete41Step 09 - Prior to approval and issuance of the first building permit in Phase III.(The CC requested the construction of the 10th Street Bridge in lieu of the widening of the Thomas Rd. Bridge.)This MM needs to be removed from the project City and Applicant to determine method of removing this MMMM is not triggered until Phase 34243Step 09 Prior to approval and issuance of the first building permit in Phase III.If the City does not posess the ROW when this item is required, the DA specifies that an alternative mitigation with be found.Applicant and City Staff to determine viable alternatives, and to determine the improvements, costs and funding.MM is not triggered until Phase 344Step 09 Prior to approval and issuance of the first building permit in Phase III.For a future TMMM is not triggered until Phase 3STEP 109Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project plans.Applicant to hire a qualified biologist to prepare the Habitat Restoration Plan.Habitat Restoration Plan is complete for the Project.City - to monitor when/if the first Phase III is proposed.City staff: Habitat Restoration Plan for the entire GLR project was submitted and approved with the Ph. 1 TMPlan check with gradiung permit.Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left-turn 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. 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 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.Convert the signal phasing at the Princevalle Street/Tenth Street intersection from permitted phasing to protected phasing. 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.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. 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.Not UsedAdd second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure.Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure.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.Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure. City - to monitor when/if the first Phase III is proposed.City - to monitor when/if the first Phase III is proposed.Improvement has been completed.MM was replaced by CC with a requirement to construct the 10th Street Bridge. Needs to be cleaned up before the Phase II TM approval.City - to monitor when/if the first Phase III is proposed.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 9 of 125.B.bPacket Pg. 110Attachment: Mitigation Measure Status (3655 : TM 21-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & Timing14Step 10 - Prior to approval and issuance of building or grading permits.- The Open Space Management Plan is the document that regulates this type of activity. It was prepared by the Project Biologist and was submitted to the City in January 2014.- All Landscape Plans prepared as part of A&S application or building permit application shall follow the Open Space Management Plan.Applicant shall include a note on plans requiring conformance with the Habitat Management Plan, and assure that any Landscape Plans conform to its requirements.Open Space Management Plan is complete for the entire GLR Project. A note will be included in the future Imp. & Grading Plans requiring conformance with the OSMP.20Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project plans.Applicant as part of each individual improvement plan/FM submittalWill be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.21Step 10 - Prior to approval and issuance of building or grading permits.Will be part of the building permit applications for each individual projectApplicant as part of the building plans With building permits for each neighborhood.24Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project grading plans.Applicant as part of each individual grading plan submittal for each neighborhood.Will be part of the grading plan process.25Step 10 - Prior to approval and issuance of building or grading permits.An enchrochment permit from the SCVWD is required for the installation of Reclaimed Water mains.Applicant included reclaimed water pipe in the improvement plans for each neighborhood where they are to be installed.With each applicable neighborhood, the applicant will apply for and obtain a SCVWD enchroachment permit - after the City Council has approved the FM and Improvement plans.Applicant will process and obtain an encroachment permit from the SCVWD for the reclaimed water mains after City Council, if the District still desires to have the oversized pipe installed and agrees to the reimbursements for the oversizing.28Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will be included with improvement and/or grading plans.Applicant as part of each individual grading plan submittal, when applicable.Will be part of the Improvement Plans for these Neighborhoods on this TM.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.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.Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project improvement plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: 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.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. 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. (SCVWD) prior to any work within 50 feet of on-site drainages, wetlands or riparian habitat.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.Applicable at each future FM/IP plan check process for each Neighborhood.City Staff with review of the building permit applicationCity Staff - review the SWPPP as part of the grading package for each neighborhood.City Staff - review and process plans.City Staff - with the review Landscape plans as part of individual A&S applications for conformance with the Open Space Management Plan.City Staff - with the review of individual Imp. Plans/FMCity Staff - with the review of individual grading permit applications, when applicable.W:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 10 of 125.B.bPacket Pg. 111Attachment: Mitigation Measure Status (3655 : TM 21-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 10 (CONTINUED)45Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project grading plans.NOTE: Prior to the approval of the final map and final grading plans for the Wild Chestnut neighborhood, the applicant shall have a qualified archaeologist conduct a survey and delineate Archaeological Site CA-SCL-243, in the vicinity of The Glen and Canyon Creek neighborhoods north of W. Luchessa Avenue, onto the respective Phase 1 Tentative Map preliminary grading sheets. This copy of the TM grading plans with the archaeology delineation shall be marked "Exempt from the Public Records Act - Not Available for Public Review." The archaeologist shall identify further recommendations, if any, which may include but not be limited to, archaeological monitoring during earth moving activities for these neighborhoods, within a specified distance of the archaeological site. - COMPLETEDApplicant as part of each individual grading/building permit plan submittal.Applicant have Archaeologist survey and delineation completed within the vicinity of The Glen and Canyon Creek neighborhoods north of W. Luchessa Avenue.Will be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.46Step 10 - Prior to approval and issuance of building or grading permits.Future individual projects will include these requirement in the project grading/building plans.Applicant as part of each individual grading/building plan submittal.Will be part of the Improvement Plans for these Neighborhoods on this TM.Applicable at each future FM/IP plan check process for each Neighborhood.STEP 1110Step 11 - Prior to commencement of construction activities associated with the Reservoir Canyon Creek Bridge.Required with a future phase of development Applicant to hire biologist Not Applicable to these Tracts.Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: 1) 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.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.City Staff - with the review of individual grading permit applications, when applicable.City Staff - assure Archaeologist's information is submitted on exhibits, but not made available to the general public.City Staff - with the review of individual grading/building permit applicationsCity construction inspector(s) during constructionBiologist and City, during constructionW:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 11 of 125.B.bPacket Pg. 112Attachment: Mitigation Measure Status (3655 : TM 21-05)
GLEN LOMA RANCHEIR MITIGATION MEASURE STATUS REPORTLast Updated: June 28, 2021Based on Project EIR certified on November 7, 2005, as modified by the Addendum dated March 24, 2014 MM # Mitigation Measure Timing CommentsImplementation Responsibility & TimingStatusJune 2021Monitoring Responsibility, Method & TimingSTEP 1250Step 12 - Prior to approval of the first occupancy permit.Required with each building permit application To be included in the building plans at the time of building permit submittalRequired with building permits.52Step 12 - Prior to approval of the first occupancy permit.Future submittal of CC&R's with individual project Improvement Plans/Final Maps CC&R's be submitted by applicant, to be confirmed with the review of each FMComplete - Included in the project CC&Rs29Not the Responsibility of The Project ProponentThis area has been improved by Caltrans Not ApplicableComplete - Improvement already completed by CaltransNo action required.Lengthen the existing southbound acceleration lane at Castro Valley Road as an auxiliary lane between Castro Valley Road and the off-ramp to Highway 25. The combined acceleration/auxiliary lane would extend the nearly 2,000 feet between Castro Valley Road and the off-ramp to Highway 25. This intersection is outside of the City of Gilroy’s Transportation Master Plan and therefore, impact fees are not collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the County of Santa Clara. Note: Mitigation Measure 29 is not the responsibility of the project proponent.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. 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.Not ApplicableCity Staff - CC&R's for the project were submitted to the CityCity with the issuance of individual building permitsW:\Jobs 10\102009\Documents\Final\GLR Overall\EIR Mitigation Monitoring\2021 Implementation Agreement\2021-06-28 GLR MM monitoring (Implementation Agmt.)Page 12 of 125.B.bPacket Pg. 113Attachment: Mitigation Measure Status (3655 : TM 21-05)
5.B.cPacket Pg. 114Attachment: Palomino II Tentative Map (3655 : TM 21-05)
5.B.cPacket Pg. 115Attachment: Palomino II Tentative Map (3655 : TM 21-05)
5.B.cPacket Pg. 116Attachment: Palomino II Tentative Map (3655 : TM 21-05)
5.B.cPacket Pg. 117Attachment: Palomino II Tentative Map (3655 : TM 21-05)
5.B.cPacket Pg. 118Attachment: Palomino II Tentative Map (3655 : TM 21-05)
LICO DRIVESANTIAGO COURT
EXISTING CLUB DRIVEEXISTING SANTA TERESA BLVD (COUNTY OF SANTA CLARA)EXISTING GRENACHE WAYSIDERITS WAY SIDERITS WAY
GREELEY WAY
GREELEY WAY
FRIEDRICH WAY OUTLETSTRUCTURECLASS I TRAIL, NOTE 4.INFILTRATION BASIND-1D-2OUTFALLOUTFALLSTORM WATER MANAGEMENT NOTES:1.POST-CONSTRUCTION STORM WATER MANAGEMENT REQUIREMENTS FOR GLEN LOMA RANCH(WEST) ARE BASED ON REGIONAL WATER QUALITY CONTROL BOARD CERTIFICATION NUMBER34316WQ01. PER THE CERTIFICATION, THE FOLLOWING MEASURES SHALL BE PROVIDED:1.a.PROJECT SHALL TREAT ALL RUNOFF GENERATED BY THE 85TH% 24-HOUR STORM EVENT(WHEN USING VOLUME BASED TREATMENT) OR 0.2 IN/HR (WHEN USING FLOW BASEDTREATMENT).1.b.THE PROJECT SHALL RETAIN ON SITE THE DIFFERENCE BETWEEN THE PRE- ANDPOST-PROJECT TOTAL RUNOFF GENERATED BY THE 85TH% STORM EVENT.1.c.THE PROJECT SHALL MANAGE PEAK FLOWS TO WATERS OF THE STATE SO THATPOST-PROJECT PEAK FLOW RATES DO NOT EXCEED PRE-PROJECT FLOW RATES FOR THE 2-,10-, 25-, AND 100-YEAR STORM EVENT.2.THE FOLLOWING OUTLINES HOW THE PROJECT PRELIMINARILY PROPOSES TO COMPLY WITHWATER BOARD CERTIFICATION 34316WQ01:2.a.STORMWATER TREATMENT: A RETENTION BASIN IS PROPOSED TO RETAIN WATER ONSITE. THE ROUTING METHOD WAS USED TO ROUTE THE 24-HOUR DESIGN STORMTHROUGH THE BASIN UTILIZING THE SCS CURVE NUMBER METHOD AND A DESIGNINFILTRATION RATE OF 20 IN/HR. PRELIMINARY RESULTS OF THE ROUTING MODELCONCLUDE THE BASIN CAN RETAIN UP TO THE 10-YEAR STORM EVENT .2.b.STORMWATER RETENTION: THE PRELIMINARY ROUTING METHOD MODEL CONCLUDESTHE PROPOSED BASIN CAN RETAIN THE 10-YEAR 24-HOUR STORM EVENT. THEREFORE, ITCAN RETAIN THE DIFFERENCE BETWEEN THE PRE-, AND POST 85TH% 24-HOUR STORM.2.c.PEAK FLOW MANAGEMENT: BASED ON THE PROPOSED INFILTRATION BASIN, AND OUTLETSTRUCTURE SHOWN IN DETAILS 1, THE PROJECT CAN REDUCE PEAK FLOWS TO LESS THANPRE-PROJECT LEVELS. PREFER TO THE TABLE BELOW FOR PRELIMINARY RESULTS.3.THIS STORM WATER RUNOFF MANAGEMENT PLAN IS CONCEPTUAL AND SUBJECT TO REVISIONBASED ON FINAL DESIGN.4.FINAL LOCATION OF UTILITIES AND STORMWATER CONTROL MEASURES WILL BECOORDINATED DURING FINAL DESIGN TO MINIMIZE CONFLICT.5.ALL STORMWATER CALCULATIONS SHOWN BELOW ARE PRELIMINARY AND SUBJECT TOCHANGE DURING FINAL DESIGN.6.CLASS I TRAIL IS EXCLUDED FROMSTORMWATER CALCULATIONS PER SCVURPPP C.3STORMWATER HANDBOOK TABLE 2-2, "SIDEWALKS, BICYCLE LANES AND TRAILS THAT ARENOT BUILT AS PART OF NEW ROADWAYS OR ARE CONSTRUCTED WITH PERMEABLE SURFACES."STORMWATER INFILTRATION BASINLEGENDDRAINAGE MANAGEMENT AREA BOUNDARYSTORM DRAINRESIDENTIAL LOTS (60% IMPERVIOUS)STREET/PARKING AND HARDSCAPE (100% IMPERVIOUS)PRELIMINARY STORMWATER SIZING TABLESD-1DMA NUMBER5.B.cPacket Pg. 119Attachment: Palomino II Tentative Map (3655 : TM 21-05)
Rick Shaffer
Senior Vice President
Lic. 00853889
CBRE, Inc.
Advisory & Transaction Services
Broker License. 00409987
COMMERCIAL REAL ESTATE SERVICES
225 W. Santa Clara Street
12th Floor
San Jose, CA 95113 -1735
+1 408 453 74830 Tel
+1 408 437 3170 Fax
www.cbre.com
Craig Filice
Glen Loma
7888 Wren Ave, Suite D-143
Gilroy, CA 95020
Re: Potential One-Acre Commercial Site in Residential Project
Craig,
At you request I reviewed the viability of the one-acre commercial site proposed for the Glen
Loma Ranch Residential project. After review, I find that the site is not suitable or viable for
commercial/retail development for the following reasons:
- Mid-block site with low traffic counts.
- Difficult ingress/egress.
- Lack of anchor tenants to draw customers.
- Proximity to a proposed middle school would eliminate a convenience store use.
Also, as you know I marketed the property at the SEC of First Street and Santa Teresa Boulevard for
Imwalle Development who wanted to propose a strip center for the site. There were no interested
parties for that site which is superior to the one-acre site in question.
Sincerely,
Rick Shaffer
Senior Vice President
CBRE
T: (408) 453-7430
Rick.Shaffer@cbre.com
5.B.d
Packet Pg. 120 Attachment: Commercial Site Viability (3655 : TM 21-05)
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 21-05,
A SUBDIVISION OF A 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
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CLUB DRIVE
AND GRENACHE WAY (APN # 808-43-003), FILED BY FILICE FAMILY
ESTATE, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020.
WHEREAS, Filice Family Estate submitted an application requesting a tentative
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
WHEREAS, the subject property is located within th e 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 the
tentative map (TM 21-05), in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations; and
WHEREAS, said tentative map 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, the Planning Commission finds the tentative map conforms to the
City's General Plan and elements thereof, including the “Glen Loma Ranch Specific Plan”
and the “Neighborhood District Policy”; and
WHEREAS, an environmental impact report (EIR) was prepared for this site 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.
5.B.e
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Resolution No. 2022-XX
Page 2
WHEREAS, the Planning Commission 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 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 Planning Commission finds that no additional CEQA analysis is
required; and
WHEREAS, a mitigation monitoring and reporting plan has been prepar ed,
consistent with the certified EIR; and
WHEREAS, the Planning Commission finds, after due study, deliberation and
public hearing, the following circumstances exist:
1. The proposed tentative map is generally consistent with the intent of the
goals and policies of the “Glen Loma Ranch Specific Plan.”
2. The proposed tentative map is generally consistent with the intent of the
goals and policies of the “Neighborhood District Policy.”
3. The proposed tentative map is generally consistent with the intent of the
goals and policies of the City's General Plan.
4. The proposed development is consistent with the Zoning Ordinance and
the City's Subdivision and Land Development Code, and the State
Subdivision Map Act.
5. Public utilities and infrastructure improvements needed in order to serve
the proposed project are in close proximity.
6. As identified in the certified EIR, all significant environmental impacts
associated with buildout of the Glen Loma Ranch Specific Plan area can
be reduced to a less than significant level with the implementation of
adopted mitigation measures identified in the certified EIR, except for air
quality. The proposed project would result in a significant, unavoidable
environmental impact with regard to project emissions and consistency
with the Bay Area 2000 Clean Air Plan. When adopting the specific plan in
2005, the City Council adopted a statement of overriding considerations,
finding that the benefits of the project outweighed this environmental
effect.
WHEREAS, the Planning Commission finds that the applicant agrees with the
necessity of and accepts all elements, requirements, and conditions of this resolution as
being a reasonable manner of preserving, protectin g, providing for, and fostering the
5.B.e
Packet Pg. 122 Attachment: TM 21-05 Draft Resolution (3655 : TM 21-05)
Resolution No. 2022-XX
Page 3
health, safety, and welfare of the citizenry in general and the persons who work, visit or
live in this subdivision in particular.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Gilroy hereby recommends to the City Council the approval of the tentative map,
subject to the following conditions:
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.
5.B.e
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Resolution No. 2022-XX
Page 4
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 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.
5.B.e
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Resolution No. 2022-XX
Page 5
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.
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 develo pment
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
5.B.e
Packet Pg. 125 Attachment: TM 21-05 Draft Resolution (3655 : TM 21-05)
Resolution No. 2022-XX
Page 6
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 a nd 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 the se
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-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 prio r
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
5.B.e
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Resolution No. 2022-XX
Page 7
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 shie lds to reduce
illumination of the surrounding landscape. Lighting shall be directed away from
open space areas (corresponds to EIR Mitigation Measure 16).
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
5.B.e
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Resolution No. 2022-XX
Page 8
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).
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 Measur e
34).
The project proponent shall be responsible for paying for the design and
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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 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).
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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).
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
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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
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the
condition.
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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;
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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 applicabl e
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
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construction contract to inform contractors of this requirement. If the f ind 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 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;
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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.
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.
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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.
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.
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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, 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
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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.
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.
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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 Enginee ring Division and to
owners of property within (300') three hundred feet of the exterior boundary of
the project site a notice that construction work will commence on or around the
stated date. The notice shall include a list of contact persons with name, title,
phone number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be current at all times and
shall consist of persons with authority to initiate corrective action in their area
of responsibility. The names of individuals responsible for dust, noise and litter
control shall be expressly identified in the notice.
74. CONSTRUCTION - Prior to final inspections, all pertinent conditions of
approval and all improvements shall be completed to the satis faction 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.
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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.
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.
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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.
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
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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.
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.
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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 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.
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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 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.
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.
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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.
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iii. This Agreement shall also provide that in the event that maintenance or
repair is neglected, or the stormwater management facility becomes a danger
to public health or safety, the city shall have the authority to perform
maintenance and/or repair work and to recover the costs from the owner.
iv. All on-site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired/replaced by the property
owner(s) or other legal entity approved by the City.
v. Any repairs or restoration/replacement and maintenance shall be in
accordance with City-approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of
any stormwater management facility and shall describe the maintenance to be
completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the approved
Stormwater Runoff Management Plan.
e. Stormwater BMP Operations and Maintenance Agreement shall include
inspections to be required for this project and shall adhere to the following:
i. The property owner(s) shall be responsible for having all stormwater
management facilities inspected for condition and function by a certified third
party QSP or QSD.
ii. Stormwater facility inspections shall be done at least twice per year, once
in Fall by October 1st, in preparation for the wet season, and once in Winter by
March 15th. Written records shall be kept of all inspections and shall include,
at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
f. Upon completion of each inspection, an inspection report shall be
submitted to Public Works Engineering no later than October 1st for the Fall
report, and no later than March 15th of the following year for the Winter report.
g. Before commencing any grading or construction activities, the developer
shall obtain a National Pollutant Discharge Elimination System (NPDES)
permit and provide evidence of filing of a Notice of Intent (NOI) with the State
Water Resources Control Board.
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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.
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.) fo r 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
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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.
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 iden tified 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
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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.
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.
PASSED AND ADOPTED this 10th day of March 2022 by the following roll call vote:
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AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
_______________________ ______________________________
Jon Biggs, Secretary , Chairperson
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Karen L. Garner
DIRECTOR
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: March 10, 2022
TO: Planning Commission
FROM: Kraig Tambornini, Senior Planner
SUBJECT: 2022 Planning Commission Task Force / Committee Assignments
RECOMMENDATION:
Review Planning Commission assignments and make adjustments as necessary.
Background:
Each year the Planning Commission reviews assignments made to serve on any task
force or committees. Currently a Planning Commission member is assigned to the
following two groups:
Task Force/Committee Commissioner
Gilroy Downtown Business Association [Vacant]
South County Joint Planning Advisory Committee Bhandal
Staff recommends making new assignments to these groups.
The GDBA is a nonprofit entity that meets regularly to discuss the interest of the
downtown businesses.
The SCJPA meetings are held to discuss regional planning concerns. However, this
group has not held a meeting since 2017. This remains on this list as the committee is
still active.
6.A
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Karen L. Garner
DIRECTOR
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: March 10, 2022
TO: Planning Commission
FROM: Kraig Tambornini, Senior Planner
SUBJECT: Selection of Planning Commission Chair and Vice-Chair for 20212
RECOMMENDATION:
Selection of Planning Commission Chair and Vice-Chair
Each calendar year the Planning Commission selects the Chair and the Vice Chair.
Staff recommends the Commission make these appointments. The current Chair is
vacant. The current Vice Chair is Commissioner Doyle.
6.B
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