06/02/2022 Planning Commission Regular Agenda Packet
Regular Planning Commission Meeting Agenda
June 2, 2022
6:00 P.M.
City Council Chambers, City Hall
7351 Rosanna Street, Gilroy CA
PLANNING COMMISSION MEMBERS
Chair: Manny Bhandal:
manny.bhandal@cityofgilroy.org
Vice Chair: Annedore Kushner:
annedore.kushner@cityofgilroy.org
Commissioners:
▪ John Doyle:
john.doyle@cityofgilroy.org
▪ Adilene Jezabel Moreno:
adilene.moreno@cityofgilroy.org
▪ Stefanie Elle:
stefanie.elle@cityofgilroy.org
▪ Adriana Leongardt:
adriana.leongardt@cityofgilroy.org
▪ Joan Lewis:
joan.lewis@cityofgilroy.org
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF ASSEMBLY BILL 361.
MEETING MATERIAL IS AVAILABLE ON THE CITY 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 meeting will be distributed to the
Planning Commissioners prior to or at the meeting and are available for public inspection at the
Planning Division counter at City Hall, 7351 Rosanna Street. 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 Section 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 Ci ty 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 insp ection 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 for 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. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY BICYCLE AND
PEDESTRIAN ADVISORY COMMITTEE UPDATE
V. CONSENT AGENDA
1. Planning Commission Regular Meeting Draft Minutes
VI. PUBLIC HEARINGS
A. The applicant requests Conditional Use Permit approval to operate a Taproom
selling beer and wine, located at 7534 Gourmet Alley, within the DHD Downtown
Historic District.
1. Staff Report: Cindy McCormick, Customer Service Manager
2. Open Public Hearing
3. Close Public Hearing
4. Planning Commission Disclosure of Ex-Parte Communications
5. Possible Action:
Staff recommends that the Planning Commission adopt a resolution approving
Conditional Use Permit CUP 22-02 (22040011), to operate a Taproom selling beer
and wine, located at 7534 Gourmet Alley (APN 799-06-049), subject to certain
findings and conditions, provided in the Resolution of Approval. (Roll Call Vote)
B. The applicant requests approval of a Tentative Map, Planning Unit Development
Zoning Amendment, and Architectural and Site Review Permit on property
located on Gurries Drive (APN: 790-35-038, 039, & 054) within the R3 medium
density residential district.
1. Staff Report: Cindy McCormick, Customer Service Manager
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:
a) Adopt a resolution recommending that the City Council adopt an ordinance
approving a Planned Unit Development Zoning Amendment on property currently
located on Gurries Drive, identified as assessor parcel numbers 790-35-038, 039,
and 054 (file number Z 21-04); and
b) Adopt a resolution recommending that the City Council adopt a Resolution
approving a tentative map to adjust the lot lines and subdivide three (3) parcels on
Gurries Drive (APN: 790-35-038, 039, & 054) into a total of four (4) parcels (file
number TM 21-03); and
c) Adopt a resolution recommending that the City Council approve an Architectural
and Site Review Permit to allow construction of four (4) townhomes on the subject
property (file number AS 21-14), following approval of the associated PUD Zoning
Amendment and Tentative Map.
VII. NEW BUSINESS
VIII. INFORMATIONAL ITEMS
A. Planning Current Projects Log
IX. REPORTS BY COMMISSION MEMBERS
X. PLANNING DIVISION REPORT
XI. ASSISTANT CITY ATTORNEY REPORT
XII. ADJOURNMENT to the Next Meeting of July 7, 2022 at 6:00 P.M.
Planning Commission
Regular Meeting
of
APRIL 7, 2022
I. PLEDGE OF ALLEGIANCE
Chair Bhandal called the meeting to order at 6:00pm.
Chair Bhandal led the pledge of allegiance.
II. REPORT ON POSTING THE AGENDA AND ROLL CALL
Planning Technician Romagnoli posted tonight's meeting agenda on Friday, 4/1/2022 at
4:15pm.
Attendee Name Title Status Arrived
Manny Bhandal Chairperson Present 4:45 PM
Annedore Kushner Vice Chair Present
John Doyle Planning Commissioner Present 6:01 PM
Stefanie Elle Planning Commissioner Present 5:43 PM
Adriana Leongardt Planning Commissioner Present 4:31 PM
Joan Lewis Planning Commissioner Present
Adilene Jezabel Moreno Planning Commissioner Present
III. PUBLIC COMMENTS
None.
IV. CONSENT AGENDA
RESULT: APPROVE [UNANIMOUS]
AYES: Bhandal, Kushner, Doyle, Elle, Leongardt, Lewis, Moreno
1. 3/10/2022 Planning Commission Regular Meeting Minutes
Motion was made by Commissioner Elle, seconded by Commissioner Leongardt to approve
the 3/10/2022 Planning Commission Meeting Minutes as amended.
7-0-0-0
V. PUBLIC HEARINGS
A. Staff has analyzed the proposed project, and recommends that the Planning
Commission adopt a Resolution approving Conditional Use Permit (CUP 22-01),
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 staff report.
Chair Bhandal opened the item to public comments.
Ron Gurries, owner of the subject property, left a public comment.
5.1
Packet Pg. 5 Communication: Planning Commission Regular Meeting Draft Minutes (CONSENT AGENDA)
Sophia P left a public comment by email, which was distributed to the Planning
Commission prior to the meeting.
Dhruba Upreti left a public comment.
Waid Ghasim left a public comment.
Chair Bhandal closed the item to public comment.
Disclosure of ex-parte communications.
Commissioner Lewis had visited the store and spoken to its manager regarding the
application.
No other ex-parte communications were disclosed.
Motion was made by Commissioner Doyle, seconded by Chair Bhandal.
7-0-0-0
RESULT: APPROVE [UNANIMOUS]
AYES: Bhandal, Kushner, Doyle, Elle, Leongardt, Lewis, Moreno
VI. NEW BUSINESS
A. Planning Commissioner Training - An overview of the role of the Planning
Commissioner and the various rules, policies, and procedures that are components
of a Planning Commission meeting.
1. Staff Report: Marco Romagnoli, Planning Technician
2. Public Comment
3. Possible Action:
Planning Commission receive the presentation.
Assistant City Attorney Houston presented the training.
Chair Bhandal opened the item to public comments. None.
Chair Bhandal closed the item to public comments.
VII. INFORMATIONAL
1. Planning Division - Current Projects Log
VIII. REPORTS BY COMMISSION MEMBERS
Vice Chair Kushner and Interim Community Development Director Biggs updated the
Planning Commission on the most recent Gilroy Downtown Business Association meeting.
Commissioner Lewis informed the Planning Commission on the upcoming Gilroy Historical
Society Annual Heritage Luncheon.
5.1
Packet Pg. 6 Communication: Planning Commission Regular Meeting Draft Minutes (CONSENT AGENDA)
IX. PLANNING DIVISION REPORT
Community Development Interim Director Biggs updated the Planning Commission about
upcoming items for future Planning Commission meetings.
X. ASSISTANT CITY ATTORNEY REPORT
No report.
XI. ADJOURNMENT to the Next Meeting of May 5, 2022 at 6:00 P.M.
Chair Bhandal adjourned the meeting at 8:42pm.
Marco Romagnoli, Planning Technician
5.1
Packet Pg. 7 Communication: Planning Commission Regular Meeting Draft 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: June 2, 2022
TO: Planning Commission
FROM: Cindy McCormick, Customer Service Manager
SUBJECT: The applicant requests Conditional Use Permit approval to operate
a Taproom selling beer and wine, located at 7534 Gourmet Alley,
within the DHD Downtown Historic District.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a resolution approving
Conditional Use Permit CUP 22-02 (22040011), to operate a Taproom selling beer and
wine, located at 7534 Gourmet Alley (APN 799-06-049), subject to certain findings and
conditions, provided in the Resolution of Approval. (Roll Call Vote)
PROJECT DESCRIPTION:
The applicant requests Conditional Use Permit approval to operate a Taproom selling
beer and wine, located at 7534 Gourmet Alley, within the DHD Downtown Historic
District. The use would occupy a portion of an existing two-story historic building,
including 346 square feet on the first floor, 2,122 square feet on the second floor, and
an 840 square foot rooftop deck area. Each floor (not including the rooftop deck area)
has a total area of 5,384 square feet. The remaining 5,038 square feet on the first floor
and 3,262 square feet on the second floor of the building is currently vacant. The
applicant has provided the attached plans and statement of operations further
describing their request.
BACKGROUND:
Pursuant to Gilroy City Code Article XIX, Section 30.19.10(c)(2) (Downtown Commercial
Use Table), a Conditional Use Permit is required for Alcohol Sales/Bars (On -Site
Consumption of Beer, Wine, or Liquor), where such use is not a Micro -Brewery or Wine
Tasting Room, and where the primary use is not a food service establishment (e.g.,
Restaurant). In this case, the primary proposed use is the sale of beer and wine, with
ancillary food sales (e.g., salads, paninis, pizza). The applicant has also a pplied for a
Type 41 ABC license (Off-site Beer/Wine Eating Place) from the California Department
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of Alcoholic Beverage Control (ABC), subject to review and approval of the City’s Chief
of Police.
Pursuant to Article XXXIV, Section 30.50.030, the Planning Commission shall receive,
investigate, hear and decide upon every application for a conditional use and, after the
hearing, shall approve the issuance of a use permit only if the evidence presented at the
hearing establishes: (1) that the proposed use is properly located in relation to the
general plan and to the community as a whole and to other land uses and to
transportation and service facilities in the vicinity; and (2) that the proposed use, if it
complies with all conditions upon which approval is made contingent, will not adversely
affect other property in the vicinity, or cause any damage, hazard, or nuisance to
persons or property.
ENVIRONMENTAL REVIEW:
Application CUP 22-02 qualifies for an exemption from further environmental review
under California Environmental Quality Act (“CEQA”) Section 15301 (Class 1, Existing
Facilities) of the CEQA guidelines. Class 1 exemptions include the operation, permitting,
and leasing of existing public or private structures, involving negligible or no expansion
of existing or former use. Explicit examples of an acceptable change of use include , but
are not limited to, “conversion of a single-family residence to office use”. The proposed
change in use qualifies for a class 1 exemption. Furthermore, no exterior building
modifications are proposed. Therefore, no further environmental review is necessary
for this proposal.
DISCUSSION AND ANALYSIS:
As provided in the applicant’s statement of operations, Covale Taproom would sell beer
and wine, with “small bites” (e.g., salads, paninis, pizza). The applicant has also applied
for a Type 41 ABC license (Off-site Beer/Wine Eating Place) from the California
Department of Alcoholic Beverage Control (ABC), subject to review and approval of the
City’s Chief of Police. Type 41 licenses allow guests of all ages and the applicant
intends to “cater to small families and make this a destination for all”. The proposed use
would be open to the public 7 days a week from 12:00 pm until 10:00 pm, with
additional hours for set-up (11:00 am open) and breakdown (11:00 pm close). Use of
the building and roof-top deck is contingent on approval of a building permit from the
City of Gilroy, including but not limited to minimum number of exits and width of exits,
accessibility requirements, and occupancy limitations both inside the building and
outside the building (e.g., rooftop deck).
The use would occupy a portion of the existing two -story historic building, including 346
square feet on the first floor, 2,122 square feet on the second floor, and an 840 square
foot rooftop deck area. Each floor (not including the rooftop deck area) has a total area
of 5,384 square feet. The remaining 5,038 square feet on the first floor and 3,262
square feet on the second floor of the building is currently vacant and is not included in
the applicant’s lease agreement. Although the current lease is for a portion of the
building, the conditions of approval would allow expansion to the full use of the building,
subject to approval by the Community Development Director and Building Official (e.g.,
6.A
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building permit). Alternatively, the Planning Commission could require that such change
be brought back to the Planning Commission for consideration at a Public Hearing.
Other than signage that can be removed, no exterior modifications are proposed to the
historic building. The two-story brick section of the building, fronting Gourmet Alley, was
originally detached but is now connected to the circa 1890 building that fronts Monterey
Street. According to the 1926 Sanborn Fire In surance map (updated in 1943) this rear
façade brick two-story building housed stoves associated with a hardware business that
was run by the Robinson family who owned several buildings downtown including the
adjacent historic “Dick Bruhn” building.
The entrance to the proposed use would be accessed off Gourmet Alley and will help
activate the alley, consistent with the Downtown Gilroy Specific Plan vision which
illustrates Gourmet Alley with enhanced paving, outdoor dining, and improved façades.
The applicant proposes to enhance the Gourmet Alley façade with new modern
signage, while retaining the building’s attractive brick exterior, which contributes to the
historic character of Downtown. The rooftop deck will facilitate outdoor dining (small
bites) in addition to beer and wine sales. Enhanced paving along the Alley will be
implemented in the next 18-months as part of the City’s Gourmet Alley grant.
Findings for Approval: The planning commission shall approve the conditional
use permit only if evidence presented at the hearing establishes the findings for
approval. Based on staff’s analysis, the required findings for approval have been met as
follows, and subject to conditions in the draft Resolution of Approval for CUP 22-02:
1. The proposed use is properly located in relation to the general plan and to
the community as a whole and to other land uses and to transportation and
service facilities in the vicinity:
Staff Analysis: The Gilroy 2040 General Plan land use designation for the subject site
is Downtown Specific Plan Area. The purpose of the Downtown Specific Plan is to
create a unique and identifiable Downtown for Gilroy that is economically vibrant,
pedestrian-oriented, and a local and visitor destination. A mixture of retail,
entertainment, visitor-serving, and commercial uses align historic Monterey Street. The
proposed use will carry out the following General Plan goals and policies:
2040 General Plan Goals and Policies Staff Analysis
Land Use Goal LU 9. Encourage the
growth and revitalization of Downtown to
create a vibrant, high quality place for
residents, businesses, and visitors.
Approval of the CUP will help activate
Gourmet Alley, a currently underutilized
area of the Historic Downtown.
Land Use Policy LU 4.10. Outdoor
Activities. Encourage outdoor cafes and
other outdoor activities in appropriate
commercial areas, especially Downtown,
to create vibrant public spaces and
Approval of the CUP will establish use of an
840 square foot rooftop patio with outdoor
dining (small bites), in addition to beer and
wine sales.
6.A
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4
maximize pedestrian activity.
Natural and Cultural Resources NCR
5.9 Adaptive Reuse Promote adaptive
reuse of old buildings, especially in the
Downtown Historic District, to preserve
the buildings’ historic character while
encouraging development of an
economically vital Downtown.
The proposed use will occupy a portion of a
historic two-story building, which historically
housed stoves associated with a hardware
business that was run by the Robinson
family who owned several buildings
downtown. This is a clear example of an
adaptive reuse of a historic building, which
helps preserve these structures and keep
them economically viable.
Economic Prosperity Policy EP 3.1
Promote Gilroy. Promote Gilroy as a
place for business and industry,
capitalizing on the City’s location and
numerous amenities, to encourage new
businesses to locate here and to retain
existing businesses.
The proposed use is a new business for
Downtown Gilroy and will include sales of
wine and beer from local wineries and
breweries, helping to promote other existing
businesses in the City. Corvale Taproom
will also offer monthly wine nights and food
pairings with participating wine makers.
This adaptive reuse capitalizes on the
City’s Historic Downtown and historic
building characteristics and can be a
destination for residents and visitors.
2. The proposed use, if it complies with all conditions upon which approval is
made contingent, will not adversely affect other property in the vicinity, or
cause any damage, hazard, or nuisance to persons or property:
The proposed use is contingent on the approval of a Type-41 license from the California
Department of Alcohol and Beverage Control (ABC), approval of a health permit from
the Santa Clara County Department of Environmental Health, and approval of a building
permit from the City of Gilroy, including but not limited to minimum number of exits and
width of exits, accessibility requirements, and occupancy limitations both inside the
building and outside the building (e.g., rooftop deck).
Public Notice: On May 11, 2022, notice of the project and the Planning Commission
meeting date was sent to individual property owners within 500 feet of the subject
property. Additionally, the required notice was advertised in the Gilroy Dispatch on
Friday, May 20, 2022 (no less than 10 days prior to the meeting). The Planning
Commission public hearing packets are available through the City’s webpage.
Appeal Procedure: In accordance with Section 30.51.50 of the Gilroy City Code, the
Planning Commission's decision may be appealed, in writing, to the City Council within
20 days of adoption of the resolution. Appeal forms may be obtained from the City Clerk
and must be submitted with the appropriate fee before the end of the appeal period.
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Attachments:
1. Location Map
2. Plans
3. PC Resolution CUP 22-02
6.A
Packet Pg. 12
6.A.a
Packet Pg. 13 Attachment: Location Map (3806 : CUP for a Taproom selling beer and wine)
142'32'52'42'20'SECOND FLOOR TENANT AREA
SECOND FLOOR
DECK AREA
142'32'52'42'20'FIRST FLOOR
TENANT AREA
GOURMET ALLEY4" S.S.
1
1
1
1
1
REVISIONS
SHEET:
SCALE:
DATE:
11
4/26/2022
SECOND FLOOR SITE PLAN
SCALE: 1" = 10'
JOB NUMBERCOVALE TAPROOM7534 GOURMET ALLEYGILROY, CALIFORNIAA-1
ALL NEW PLUMBING FIXTURES SHALL COMPLY WITH THE
FOLLOWING:
-LAVATORY 1.5 GPM@ 60 PSI MAX. & 0.5@ 60 PSI MIN.
-BAR SINK FAUCET 1.8@ 60 MAX
-WATER CLOSET 1.28 MAX
PLUMBING FIXTURE NOTES:
PROJECT DATA:
A.P.N.799-06-049
LOT SIZE 5384 S.F.
OCCUPANCY A2/B
CONSTRUCTION TYPE VB SPRINKL (PREVIOUS PERMIT)
FIRST FLOOR TENANT
MODIFICATION AREA 346 SF
SECOND FLOOR TENANT
MODIFICATION AREA 2,122 SF
ROOFTOP DECK AREA 840 SF
SCOPE OF WORK:
2,468 S.F. 2-STORY TENANT MODIFICATION FOR BEER
AND WINE BAR AND 840 SF ROOFTOP DECK
SHEET INDEX:
A-1 SITE PLANS
A-2 SECOND FLOOR PLAN
A-3 FIRST FLOOR PLAN AND EXTERIOR ELEVATION
A-4 EQUIPMENT PLAN
A-5 ADA AND TOILET ROOM INFORMATION
T241 ENERGY COMPLIANCE DOCUMENTATION
T242 ENERGY COMPLIANCE DOCUMENTATION
P1 PLUMBING PLAN
P2 PLUMBING DIAGRAM
M1 MECHANICAL PLAN
E1 ELECTRICAL PLAN
E2 SINGLE LINE DIAGRAM AND
PANEL SCHEDULE
FIRST FLOOR SITE PLAN
SCALE: 1" = 10'
PLAN CHECK
04/05/22
PROPERTY LINE
PROPERTY LINE
PROPERTY LINEPROPERTY LINEPROPERTY LINE PROPERTY LINEVACANT
VACANT
VACANT
6.A.b
Packet Pg. 14 Attachment: Plans (3806 : CUP for a Taproom selling beer and wine)
WH
UP
UP 9'-10"8'4'
20'4'-1"8'
7'23'-1"14'-6"6'TOILET ROOM
LIFT
ELEC RM
LOBBY
STORAGE
TOILET ROOM INFO;
SEE SHEET A-4
MOP SINK
VACANT SPACE
VACANT SPACE
FUTURE EXIT HALLWAY
REVISIONS
SHEET:
SCALE:
DATE:
11
4/26/2022
JOB NUMBERCOVALE TAPROOM7534 GOURMET ALLEYGILROY, CALIFORNIAA-3
FIRST FLOOR PLAN
SCALE: 1/4" = 1'
GOURMET ALLEY EXTERIOR ELEVATION
N.T.S.
6.A.b
Packet Pg. 15 Attachment: Plans (3806 : CUP for a Taproom selling beer and wine)
DN
DN
3154SH3154SH3154SH3154SH3154SH UP
23'-4"22'-10"5'8'-4"
4'7'-11"16'15'25'-2"4'5'
4'-8"3'-5"4'29'-7"20'42'6'-8"60" LENGTH x 34"
HT ACCESSIBLE
BAR SEATING
RAISED COUNTER
SEATING
WALK-IN
COOLER
3-COMP SINK
HAND SINK
DISHWASHER
POS
BUILT-IN GLASS
FRONT DISPLAY REFR
BEER TAP SCONCE
FS
LIFT
(N) 2 x 6 @ 16" o.c. WD STUD WALL, TYP,
U.N.O.; VERY FINISHES w/ TENANT; SEE
FINISH SCHEDULE, SHEET A-4
OFFICE /
STORAGE
WORKTOP
FREEZER
PANINI MAKER
CNTR TOP
CONVECTION OVEN
COMPRESSOR
ABOVE
BARSEATING AREA
SEATING AREA
ROOFTOP DECK
TOILET
ROOM35'-4"
REVISIONS
SHEET:
SCALE:
DATE:
11
4/21/2022
SECOND FLOOR PLAN
SCALE: 1/4" = 1'
JOB NUMBERCOVALE TAPROOM7534 GOURMET ALLEYGILROY, CALIFORNIAA-2
6.A.b
Packet Pg. 16 Attachment: Plans (3806 : CUP for a Taproom selling beer and wine)
CUP 22-02
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING CONDITIONAL USE PERMIT APPLICATION CUP 22-
02, TO PERMIT ALCOHOL SALES (FOR ON-SITE CONSUMPTION) WITHIN
THE DOWNTOWN HISTORIC DISTRICT (DHD) LOCATED AT 7534
GOURMET ALLEY, APN 799-06-049.
WHEREAS, on April 5, 2022, Linda Hinkle submitted an application requesting approval
of Conditional Use Permit application CUP 22-02 to allow the sale of alcohol (beer and wine) for
on-site consumption, within an existing 10,768 square foot two-story building located within the
Downtown Historic District (DHD) at 7534 Gourmet Alley (APN 799-06-049), owned by Jose
Montes; and
WHEREAS, on May 6, 2022, the application was accepted as complete for processing;
and
WHERAS, the subject property is zoned as Downtown Historic District; and
WHERAS, alcohol sales for on-site consumption may be permitted with a Conditional
Use Permit within the Downtown Historic District; and
WHEREAS, the project has been determined to be exempt from environmental review
pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 which
applies to projects involving “Existing Facilities” involving negligible or no expansion of existing
use; and
WHEREAS, the project plans have been referred to various city departments, including the
Technical Advisory Committee, for recommendations and plan revisions or conditions have been
incorporated into the project to ensure compliance with City standards; and
WHEREAS, on June 2, 2022, at a duly noticed public hearing the planning commission of the
city of Gilroy considered the project in accordance with the Gilroy Zoning Ordinance and applicable
Downtown Specific Plan policies; and
WHEREAS, the location and custodian of the documents and other material which constitute
the record of proceedings upon which this Project approval is based is the official of the Community
Development Department; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the project staff
report dated June 2, 2022 along with testimony received at the duly-noticed public hearing and other
materials; and
WHEREAS, the Planning Commission finds after due study, deliberation and public hearing,
the following:
6.A.c
Packet Pg. 17 Attachment: PC Resolution CUP 22-02 (3806 : CUP for a Taproom selling beer and wine)
Resolution No. 2022-xx
Page 2 of 2
A. The proposed use is properly located in relation to the General Plan and to the community as a
whole and to other uses and to transportation and service facilities in the vicinity given that
the use would be located in an established commercial building and the use would not result
in an expansion that would require additional services.
B. The proposed use, if it complies with all conditions upon which approval is made contingent,
will not adversely affect other property in the vicinity, or cause any damage, hazard, or
nuisance to persons or property given that the applicant would be required to obtain an Type
41 License from the California Department of Alcoholic Beverage Control (ABC).
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, protecting, providing for, and fostering the health, safety, and welfare of the citizenry
in general.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby approves Conditional Use Permit application CUP 22-02 subject to the following
conditions:
GENERAL PROJECT CONDTIONS
1. This approval is contingent on approval of a building permit from the City of Gilroy,
including but not limited to minimum number of exits and width of exits, accessibility
requirements, and occupancy limitations both inside the building and outside the building
(e.g., rooftop deck).
2. This approval is contingent on the approval of a Type-41 license from the California
Department of Alcohol and Beverage Control (ABC).
3. This approval is contingent on approval of a health permit from the Santa Clara County
Department of Environmental Health.
PASSED AND ADOPTED this 2nd day of June 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
_________________________________ __________________________________
Jon Biggs, Manny Bandhal,
Planning Commission Secretary Chairperson
6.A.c
Packet Pg. 18 Attachment: PC Resolution CUP 22-02 (3806 : CUP for a Taproom selling beer and wine)
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: June 2, 2022
TO: Planning Commission
FROM: Cindy McCormick, Customer Service Manager
SUBJECT: The applicant requests approval of a Tentative Map, Planning Unit
Development Zoning Amendment, and Architectural and Site
Review Permit on property located on Gurries Drive (APN: 790-35-
038, 039, & 054) within the R3 medium density residential district.
RECOMMENDATION:
Staff has analyzed the proposed project, and recommends that the Planning
Commission:
a) Adopt a resolution recommending that the City Council adopt an ordinance
approving a Planned Unit Development Zoning Amendment on property
currently located on Gurries Drive, identified as assessor parcel numbers 790 -
35-038, 039, and 054 (file number Z 21-04); and
b) Adopt a resolution recommending that the City Council adopt a Resolution
approving a tentative map to adjust the lot lines and subdivide three (3)
parcels on Gurries Drive (APN: 790-35-038, 039, & 054) into a total of four (4)
parcels (file number TM 21-03); and
c) Adopt a resolution recommending that the City Council approve an
Architectural and Site Review Permit to allow construction of four (4)
townhomes on the subject property (file number AS 21-14), following approval
of the associated PUD Zoning Amendment and Tentative Map.
PROJECT DESCRIPTION:
The applicant requests approval of a Tentative Map, Planning Unit Development Zoning
Amendment, and Architectural and Site Review Permit across three existing lots located
on Gurries Drive (APN: 790-35-038, 039, & 054) within the R3 multiple-family residential
district. The General Plan designation for the property is Medium Density Residential
which allows a density of 8-20 dwelling units per net acre. The range of density allowed
on the 8,256 square foot property is two to four (2-4) units.
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The Tentative (parcel) Map is required to consolidate and subdivide three (3) existing
parcels into four (4) parcels. The four new lots would be improved with an attached four-
unit townhome development resulting in a project density of 21 dwelling units per acre,
due to rounding up the fractional unit allowance. The residential lots would range in size
from approximately 1,879 square feet to approximately 2,250 square feet, for a total lot
area of 8,256 square feet.
The Planning Unit Development (PUD) Zoning Amendment is required to deviate from
the R3 zoning standards for front yard setbacks (20’ instead of 26’), side yard setbacks
(5’10” instead of 12’) and rear yard setbacks (8’ instead of 15’). Guest parking is
accommodated in the 4-stall shared parking lot located between the subject site and the
properties to the rear and left side (see prior PUD discussion below).
The Architectural and Site Review approval proposes designs for four (4) attached
townhome units. Each unit includes an attached two-car garage, fenced rear yard and
front yard landscaping.
BACKGROUND:
PUD History: In 2006, a PUD was approved for a larger development, consisting of 11
townhomes, seven (7) single-family homes, and one (1) common guest parking area
(i.e., Hanna Court Project, approvals TM 06-15, Z 06-14 and AS 06-46, Tract 9931).
Most of the PUD has been developed (8 townhome units and 3 SF units). The subject
site represents the remaining parcels to build out the PUD. The requested PUD Zoning
Amendment allows for the requested setback deviations from City Code, as discussed
herein.
Subject Property and Surrounding Land Uses: The subject property is currently
located on Gurries Drive with a combined total area of 8,256 square feet. The site is
located on the north side of Gurries Drive between Hanna Street to the east and Church
Street to the west. The site is surrounded by property zoned for medium density
residential development as shown in the following table.
LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Project Site Vacant
Medium Density (8-
20 dwelling units
per net acre)
Medium Density
Residential /
Planned Unit
Development
(R3 PUD)
North Multi-family
South Single-Family
East
Vacant / Permits in
process for two (2) Duets
plus two (2) ADUs
West Single-Family
Environmental Assessment: The project has been determined to be exempt from
further California Environmental Quality Act (CEQA) review under a Statutory
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Exemption pursuant to Public Resources Code section 21083.3 and State CEQA
Guidelines section 15183 (Projects Consistent with General Plan, Community Plan or
Zoning). Public Resources Code Section 21083.3 allows a lead agency to avoid
repeating analyses that were already provided in a certified General Plan EIR and
where projects are zoned to accommodate a particular density of development.
ANALYSIS:
The proposed project requires approval by the City Council upon recommendation of
the Planning Commission for a Tentative Map, Planned Unit Development Zoning Map
Amendment, and associated Architectural and Site Review Permit.
General Plan Consistency: The 2040 General Plan land use designation of the site is
Medium Density Residential. This designation is intended primarily for multi-family
attached structures (townhomes, condominiums, apartment buildings). Buildings are
typically two to three stories tall.
The proposed four (4) dwelling units is consistent with the General Plan allowed density
of 8-20 DU/NA, where fractional units are rounded up (20 DU/NA = 3.78 units). Although
the project results in an actual residential density of 21.105 dwelling units pe r net acre
(DU/NA), the City must allow the proposed number of units due to the rounding up
allowance. The proposed 4-lot subdivision, site layout, PUD setback deviation, and
architectural design is consistent with the following General Plan goals and poli cies:
General Plan Goal / Policy Consistency Analysis
Housing Element Policy H-1.1 The
City shall strive to ensure adequate
land is available at a range of densities
to meet Gilroy’s existing and projected
housing needs.
Attached townhomes will provide a
needed housing type/density in the city,
in comparison to low-density single-
family detached units which represent
approximately 70% of Gilroy’s existing
housing stock.
Housing Element Policy H-1.2 The
City shall encourage the provision of a
variety of housing options for Gilroy
residents.
At 1,576 square feet, the proposed
townhome units will provide the City with
a more moderately priced housing
choice.
Land Use Goal LU 1 Protect and
enhance Gilroy’s quality of life and
unique identity while continuing to grow
and change.
The townhome units that have been
designed in a traditional architectural
style with architectural features that will
complement the existing residential
neighborhood.
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General Plan Goal / Policy Consistency Analysis
Land Use Policy LU 1.1 Pattern of
Development: Ensure an orderly,
contiguous pattern of development that
prioritizes infill development, phases
new development, encourages
compactness and efficiency, preserves
surrounding open space and
agricultural resources, and avoids land
use incompatibilities
The proposed infill project was
anticipated in the City 2040 General Plan
and associated environment impact
report. It represents the last remaining
parcels needed to complete the full
development of the previously
contemplated Hanna Court Project.
Land Use Goal LU 3 Provide a variety
of housing types that offer choices for
Gilroy residents and create complete,
livable neighborhoods.
The project would develop an
underutilized property with four
townhome units, providing the city with a
housing choice that is not currently
prevalent in the City.
Land Use Policy LU 3.1 Existing
Neighborhoods: Maintain and
enhance the quality of existing
residential neighborhoods, ensuring
adequate public facilities such as
parks, schools, streets, water supply,
and drainage
The site will be served by adequate
public facilities such as parks, schools,
streets, and water supply. The project
drainage plan has been prepared in
accordance with City requirements.
Land Use Policy LU 3.4 Compatible
Lotting Pattern: For infill projects
where there is an established pattern
of lot sizes abutting a project site, new
development should reflect the existing
lotting pattern, particularly the lot width
of parcels directly across an existing
street.
The proposed infill project will be
compatible with the surrounding
residential uses, including the smaller
townhome units to the north and the
larger single-family units to the east and
south. The City is also processing
permits for a similar sized duet-style
development to the west.
Land Use Policy LU 3.6 Attached
Housing Require new development
projects located within the Medium
Density and High-density land use
designations to provide attached
dwelling units.
The project proposes attached
townhome units on a property
designated as Medium Density.
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General Plan Goal / Policy Consistency Analysis
Land Use Policy LU 3.8 Multi-Family
Residential Design Policy Encourage
new multi-family development to
incorporate distinctive site and
architectural design that also respects
existing and surrounding uses.
The proposal is consistent with the City’s
Multi-Family Residential Objective
Design Standards Policy in that the units
have been designed with multiple wall
planes, varying roof lines, and two (2)
different exterior materials (lap siding
and board and batt). Entry porches are
stepped back from the façade of the
building.
Land Use Policy LU 8.5 Public Art
Encourage the installation of public art
in conjunction with residential and non-
residential development.
In lieu of an on-site PUD amenity for this
small development, the applicant will
donate $4,000 towards the City’s Public
Art fund, for the benefit of the
community.
Land Use Policy LU 8.6 Utility
Undergrounding Proceed with the
undergrounding of existing overhead
utility lines throughout the city, as
funding allows, and require
undergrounding of utilities in all new
developments.
All new services to the development
shall be "underground service" designed
and installed in accordance with local
utility providers (e.g., PG&E).
Underground utility plans must be
submitted to the City prior to installation.
Mobility Policy M 1.13 Transportation
Funding Ensure new development fully
funds the construction of transportation
facilities required to meet the City’s
LOS policy and other required
transportation mitigation, including
roadways, trails, and transit stops.
The applicant shall pay a transportation
improvement fee proportional to the
project's share of transportation
improvements needed to serve
cumulative development within the City
of Gilroy. The funds shall be used to
fund improvements identified in the City
Traffic Circulation Master Plan.
Mobility Policy M 3.2 New
Development Require new
development to include a system of
sidewalks, trails, and bikeways that link
all land uses, provide accessibility to
parks and schools, and connect to all
existing or planned external street and
trail facilities in accordance with the
Mobility Diagrams.
Per the project conditions of approval,
the applicant shall replace the sidewalk
surrounding the project site to existing
City standards. The non-continuous
sidewalk at the north side of Gurries will
be completed thereby enhancing the
pedestrian experience along Gurries.
The nearest existing bikeways are on
First Street, and on Church Lane at
Gurries Drive.
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General Plan Goal / Policy Consistency Analysis
Mobility Policy M 3.9 Bicycle
Parking Require adequate short- and
long-term bicycle parking for all land
uses except for single-family residential
uses.
Bicycle parking is not required for
residential townhome units. However,
individual homeowners could choose to
accommodate bicycle parking (e.g., wall
rack) within their own private garage for
personal use.
Mobility Policy M 3.17 Traffic Impact
Fee for Bicycle/Pedestrian
Improvements Support and finance
the construction of pedestrian and
bicycle improvements specified in the
Mobility Diagrams by using the
comprehensive traffic impact fee
In addition to paying traffic impact fees,
the applicant shall pay a Transportation
Improvement Fee, in proportion to the
project's share of transportation
improvements needed to serve
cumulative development within the City
of Gilroy. The funds shall be used to
fund improvements identified in the City
Traffic Circulation Master Plan, which
includes bikeways.
Conformance with Zoning Code Development Standards: The project is zoned
Medium Density Residential (R3) PUD. The proposal may be permitted with a Planned
Unit Development Zoning Amendment, Tentative Map, and Architectural and Site
Review. The Planned Unit Development overlay is required to permit exceptions to the
minimum R3 setback development standards, as provided in the following table:
STANDARD REQUIRED PROPOSED CONFORMS?
Minimum Lot Size
8,880 sq. ft.
8,256 sq. ft.
existing
Legal non-
conforming lot.
Consistent with
allowed density,
as discussed in
the staff report.
Maximum Building Height 45-feet 25-feet Yes
Minimum Front Yard Setback
(from face of curb)
26-feet 20-feet PUD exception
Left and Right Side 12-feet
5-feet,
10-inches
PUD exception
Rear 15-feet 8-feet PUD exception
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STANDARD REQUIRED PROPOSED CONFORMS?
Length of Driveway
(from back of Walk to garage)
18-feet 18-feet Yes
Parking
(2 stalls per 3-BR unit
+ 1 guest stall/4 units)
1 stall per unit shall be covered
(e.g. in a garage or under a carport)
8 + 1 8 + 1
Yes, guest
parking is shared
with the Hanna
Court PUD
Zoning Map Amendment / Planned Unit Development (PUD) Review: The PUD
combining district provides an opportunity for projects to deviate from City Code where
justified. Pursuant to City Code Section 30.26.10, the intent of the PUD Planned Unit
Development combining district is to allow diversification in the relationships of
buildings, structures, and open spaces in building groups and the allowable heights of
said buildings and structures, while ensuring adequate standards related to the public
health, safety and general welfare of the community. By allowing this diversifi cation, the
PUD planned unit development combining district intends to promote unified planning
and development, economical and efficient land use, a higher standard of amenities,
appropriate and harmonious variety in physical development, creative design, and an
upgrading of the urban environment.
Planned Unit developments (PUD) are processed as a zone change according to the
provisions of City Code Article LII. Pursuant to Gilroy City Code (GCC) Section
30.50.50 (Planned unit development approval), the planning commission shall review
the PUD application and associated staff report and may recommend approval or deny
the requested ordinance or map amendment. In the case of a denial, including a denial
without prejudice, the planning commission shall adopt a resolution citing the specific
and substantial reasons for denial. In the case of a recommendation of approval, the
planning commission shall make findings demonstrating that the amendment is
necessary to carry out the general purpose of the Zoning Ordina nce and applicable
general plan goals and policies. If recommended for approval, the application will be
scheduled for a city council hearing.
Zoning Map Amendment / Planned Unit Development (PUD) Analysis: The project
requests deviations from the R3 minimum setbacks standards as provided in the
Development Standards Table.
PUD Findings: GCC Section 30.50.50(d) establishes nine (9) findings required for a
PUD approval. Staff suggests the following determinations in support of the PUD:
1. “The project conforms to the Gilroy General Plan in terms of general location and
standards of development.”
The proposed density is consistent with the Medium Density General Plan land use
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designation and R-3 zoning designation. This designation is intended primarily for
multi-family attached structures (townhomes, condominiums, apartment buildings).
Per the General plan, buildings are typically two to three stories tall.
2. “The project provides the type of development that will fill a specific need of the
surrounding area.”
The townhome project is consistent with Housing Element Goal H-1 (Housing
Production) that strives to provide adequate residential sites to accommodate
projected housing needs and encourage the production of a variety of housing types.
Smaller lots accommodate smaller units, such as the 1,576 square foot units being
proposed, which is typically a more affordable housing option than the typical
detached single-family housing that is predominate in Gilroy.
3. “The project will not require urban services beyond those that are currently available.”
All utilities needed to serve the project are located adjacent to the property.
4. “The project provides a harmonious, integrated plan that justifies exceptions, if such
are required, to the normal requirements of this ordinance.”
The proposed development proposes reduced setbacks in order to achieve the
allowable density and still provide a reasonable unit size (1,576 square feet). The site
layout and building design is compatible with the surrounding townhome uni ts.
5. “The project reflects an economical and efficient pattern of land uses.”
The project proposes an economical and efficient pattern of land uses by developing
the full potential of the allowed density of the medium density land use designation.
6. “The project includes greater provisions for landscaping and open space than would
generally be required.”
The private rear yards area are a minimum 230 square feet in area, exceeding the
minimum 150 square foot area for R3 properties (City Code section 30.7.5).
7. “The project utilizes aesthetic design principles to create attractive buildings and open
space areas that blend with the character of surrounding areas.”
In keeping with the existing surrounding development, the units have been designed
with multiple wall planes, varying roof lines, and two (2) different exterior materials
(lap siding and board and batt). Entry porches are stepped back from the façade of
the building.
8. “Not create traffic congestion, noise, odor, or other adverse effect on surrounding
areas.”
The infill project is designed in a consistent manner with the surrounding properties
so as not to create any traffic congestion, noise, odor, or other adverse effect on
surrounding areas.
9. “The project provides adequate access, parking, landscaping, trash areas and
storage, as necessary.”
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The project provides adequate access from Gurries Drive and each unit provides a 2 -
car garage in addition to driveway parking. The property shares guest parking (lot to
the west) with the development to the north and east, consistent with City Code. The
applicant has requested a “Will Serve” letter from Recology, the City ’s waste hauler.
Tentative Map Review: Pursuant to Gilroy City Code (GCC) Section 21.41 (Action on
tentative map), the planning commission shall after considering all reports,
recommendations, comments and opinions, transmit its recommendation for approval or
conditional approval, to the city council within sixty (60) days from the date of its
decision. The tentative map may be denied only if the property as proposed to be
developed would conflict with the City code, statute, law or other valid regulation, or if
the land is subject to severe flood hazard or severe inundation. A final map is not
required for a parcel map under Section 66426 of the Subdivision Map Act.
Tentative Map Analysis: The project has been reviewed by all City departments and
applicable agencies. Based on this review, conditions of approval have been prepared
in conformance with the requirements of City Code. Residential subdivisions must
comply with Chapter 21, Subdivisions and Land Development. The property is not
subject to severe flood hazard or severe inundation and the project is consistent with
City Code as follows:
1. Flood Zone: The project site is located in an area designated as Flood Zone X,
which is not a 100-year flood zone or considered a special hazard flood zone per
the FEMA Flood Rate Insurance Maps (FEMA 2009).
2. Density: The proposed four (4) dwelling units is consistent with the General Plan
allowed density of 8-20 DU/NA, where fractional units are rounded up (20 DU/NA =
3.78 units). Although the project results in an actual residential density of 21.105
dwelling units per net acre (DU/NA), the City must allow the proposed number of
units due to the rounding up allowance.
3. Lot Sizes: The proposed lot sizes are approximately 2,248 sq. ft. (Lot A), 1,879 sq.
ft. (Lot B), 1,879 sq. ft. (Lot C), and 2,250 sq. ft. (Lot D).
4. Site Layout: The proposed townhomes would face Gurries Drive. The residences
would be setback 20 feet from the face of curb, with minimum 18-foot driveways to
the attached garage. Each lot would have 5 -foot,10-inch side yard setbacks and an
8-foot rear yard setback to accommodate a small lawn and patio area.
5. Access and Parking. Each parcel would be accessed via new driveways off
Gurries Drive. Each residence includes an attached two-car garage.
6. Utilities: The project would connect to the existing City of Gilroy water and sewer
mains along Gurries Drive. The residences would also connect to an existing
Pacific Gas & Electric (PG&E) gas main and electrical pole.
7. Grading/Excavation. The project proposes approximately 52 cubic yards of fill
and 39 cubic yards of cut, for a net export of ~13 cubic yards of earth material.
8. Stormwater Management. The project proposes 4,460 square feet of impervious
surfaces and will comply with the City’s stormwater management requirements.
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9. Landscaping. No trees are proposed for removal. Landscaping includes the
planting of two (2) 24-inch box Chinese pistache trees and a variety of shrubs and
groundcover. Irrigation for landscaping will be required to comply with the City’s
water efficient irrigation standards.
Tentative Map Findings:
Pursuant to Government Code (G.C.) section 66473.5, for a city to approve a
subdivision map, it must make a finding that a proposed subdivision is consistent with
its general plan.
o As provided in this staff report, the proposed Tentative Parcel Map (TM 21 -03), is
consistent with the intent of the goals and policies of the Gilroy 2040 Ge neral Plan.
G.C. Section 66474 provides that a city shall deny approval of a tentative tract or parcel
map if it makes any one of seven specific “negative” findings. Thus, for a city to approve
a tentative tract or parcel map, it must find the inverse of the seven “negative” findings
in section 66474. Pursuant to staff’s analysis, the following findings can be made in the
negative, supporting a Planning Commission recommendation of approval of the
proposed Tentative Parcel Map (TM 21-03), as conditioned in the attached resolution.
1. That the proposed subdivision is not consistent with applicable general and
specific plans as specified in Section 65451.
This finding for denial cannot be made. The proposed subdivision (TM 21-03) is
generally consistent with the goals and policies of the Gilroy 2040 General Plan, and
no Specific Plan applies to this property or proposed development.
2. That the design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans.
This finding for denial cannot be made. The design or improvement of the proposed
subdivision (TM 21-03) is generally consistent with the goals of the Gilroy 2040
General Plan and no Specific Plan applies to this property or proposed development.
The design of the proposed subdivision (TM 21-03) is also consistent with the Gilroy
Mixed-use Residential and Multi-family Residential Objective Design Standards
Policy.
3. That the site is not physically suitable for the type of development.
This finding for denial cannot be made. The site is physically suitable for the
proposed development (TM 21-03) because it is generally consistent with the City’s
Zoning Ordinance, Subdivision Ordinance, and Land Development Code. Public
utilities and infrastructure improvements needed to serve the proposed project are in
proximity to the site.
4. That the site is not physically suitable for the proposed density of
development.
This finding for denial cannot be made . The site is physically suitable for the
proposed density because the proposed development (TM 21-03) has been
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designed in conformance with the Gilroy 2040 General Plan density allowance and
the City’s Zoning Ordinance, Subdivision Ordinance, and Land Development Code.
5. That the design of the proposed subdivision or the proposed improvements
are likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
This finding for denial cannot be made. The design of the subdivision and the
proposed improvements (TM 21-03) will not cause substantial environmental
damage, or substantially injure fish or wildlife because the site is located within a
developed urban context and is not in or adjacent to any sensitive habitat areas.
There will be no significant environmental impacts as a result of this project which is
statutorily exempt from the California Environmental Quality Act (CEQA), pursuant to
Public Resources Code section 21083.3 and State CEQA Guidelines section 15183
since the project is consistent with the Gilroy 2040 General Plan and natural
resource policies.
6. That the design of the subdivision or type of improvements is likely to cause
serious public health problems.
This finding for denial cannot be made. The design of the proposed residential
subdivision and the type of proposed residential improvements (TM 21 -03) will not
cause serious public health problems because the site is located within an urban
context and has access to urban services including sewer and water.
7. That the design of the subdivision or the type of improvements will conflict
with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision. In this connection, the governing
body may approve a map if it finds that alternate easements, for access or for
use, will be provided, and that these will be substantially equivalent to ones
previously acquired by the public. This subsection shall apply only to
easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to a legislative body
to determine that the public at large has acquired easements for access
through or use of property within the proposed subdivision.
This finding for denial cannot be made. The design of the proposed Tentative Parcel
Map (TM 21-03) will not conflict with any easements identified by the Preliminary
Title Report for the site, including but not limited to public use easement, private
waterline, private utility, private ingress and egress, private parking a nd private
overland release and incidental purposes.
Architectural and Site Permit Analysis: The project proposes four residential lots,
which range in size from approximately 1,879 square feet to approximately 2,250
square feet. Each lot would include construction of a 1,576 square square-foot
townhome in addition to the 456 square foot attached garage. The townhomes would
have front yard setbacks of at least 20 feet from face of curb, rear yard setbacks of at
least 8 feet, and side yard setbacks of at least 5-feet, 10-inches. The townhomes are
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proposed to be 25 feet in height. The application is consistent with the Multi-family
Residential Objective Design Standards Policy.
Architectural and Site Permit Findings: Pursuant to staff’s analysis, the following
findings can be made in support of a Planning Commission recommendation of
approval of the requested Architectural and Site Review Permit (AS 21-14), as
conditioned in the attached resolution.
1. The proposed development is permitted and in conformance with the Gilroy Zoning
Ordinance development standards including height, parking and landscaping, and
other adopted policies of the City of Gilroy. The applicant is requesting a deviation
from the required setbacks for the R3 zoning District, as part of their Planned Unit
Development application.
2. The proposed development would be consistent with all applicable goals and
policies of the Gilroy General Plan in that townhomes are an allowed use pursuant
to the General Plan Medium Density land use designation.
3. The proposed development would not impair the integrity and character of the area
surrounding and in the vicinity of the subject property given that the project has
been designed to comply with the City’s Multi-family Residential Objective Design
Standards.
4. The subject site would be served by streets and highways adequate in width and
structure to carry the kind and quantity of traffic such use will generate.
5. The subject site would be provided with adequate sewage, water, fire protection
and storm drainage facilities.
6. The proposed development/use will not adversely affect or be materially
detrimental to the adjacent uses, buildings or structure or to the public health,
safety or general welfare, given that the project would require a building permit and
has been designed to comply with all applicable city development standards.
Technical Advisory Committee (TAC): Pursuant to the City policies and zoning
requirements, the project was distributed for consideration by various departments and
utility agencies including City Engineering, Parks, Building, Police, and Fire as well as
Gilroy Unified School District and Valley Water. Recommendations of advisory agencies
have been incorporated into the project plans and/or are included as recommended
conditions in attached resolution(s).
Noticing: On May 11, 2022, notices of this Planning Commission meeting were mailed
to property owners within 500 feet of the subject site, and on May 20, 2022, the project
was published in the Gilroy Dispatch. In addition, the Planning Commission public
hearing packets are available through the City's webpage.
Appeal Procedure: In accordance with Section 30.51.50 of the Gilroy City Code, the
Planning Commission's decision may be appealed, in writing, to the City Council within
20 days of adoption of the resolution. Appeal forms may be obtained from the City Clerk
and must be submitted with the appropriate fee before the end of the appeal period.
6.B
Packet Pg. 30
13
Next Steps: The recommendation of the Planning Commission shall be forwarded to
City Council within 50 days. Upon City Council approval, the Engineering Department
would complete the process of signing and recording the Parcel Map.
Attachments:
1. Location Map
2. Tentative Map
3. Site and Architectural Plans
4. Resolution 2022-XX - Z 21-04 PC reso
5. Resolution 2022-XX - TM 21-03 PC reso
6. Resolution 2022-0X - AS 21-14 PC reso
6.B
Packet Pg. 31
6.B.a
Packet Pg. 32 Attachment: Location Map (3805 : Gurries Drive 4-unit Townhome Development)
CIVIL ENGINEERS LAND SURVEYORS
CONSTRUCTION MANAGERS
HANNA-B UN TTI
EST. 1910
7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA
OFFICE (408) 842-2173 FAX (408) 842-3662
EMAIL: ENGINEERING @ HANNABRUNETTI.COM
1Tentative Map
Gurries Drive - apn 790-35-038, -039 & -054
NOT FOR CONSTRUCTION
PRELIMINARY PLANS
6.B.b
Packet Pg. 33 Attachment: Tentative Map (3805 : Gurries Drive 4-unit Townhome Development)
6.B.cPacket Pg. 34Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
6.B.c
Packet Pg. 35 Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
6.B.c
Packet Pg. 36 Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
6.B.c
Packet Pg. 37 Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
6.B.c
Packet Pg. 38 Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
6.B.c
Packet Pg. 39 Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
6.B.cPacket Pg. 40Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
6.B.cPacket Pg. 41Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
6.B.cPacket Pg. 42Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
6.B.cPacket Pg. 43Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
6.B.cPacket Pg. 44Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
6.B.cPacket Pg. 45Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
Gurries Dr
Residence
B
Residence
A
Residence
C
Residence
D
Garage
Garage
GarageGarage
Kitchen
Living
Room
Entry Entry Entry Entry
Living
Room
Living
Room
Living
Room
Kitchen Kitchen Kitchen
Driveway of
Pavers
Driveway of
Pavers
Driveway of
Pavers
Driveway of
Pavers
Sidewalk
At least 4 cu. yds. of compost, six (6)
inches deep, shall be applied per 1,000 sq.
ft. of Landscape Area.
A minimum three (3) inch layer of mulch shall be applied
on all exposed soil surfaces of planting areas, except in
areas of direct seeding application
(e.g. hydro-seeding).
Karen Aitken & Associates -2021
These drawings are instruments of service, issued for a one-time single use by the owner. The entire contents of these drawings is copyright Karen Aitken & Associates. Landscape Architect retains all rights and title. No part may be reproduced in any fashion or medium without the express written approval of the landscape architect. The proper electronic transfer of data shall be the user’s responsibility without
liability to the landscape architect. Owner shall assume responsibility for compliance with all easements, setback requirements and property lines. Owner shall acquire all necessary permits required to perform work shown on plans. Base information has been provided by the owner. Karen Aitken & Associates assumes no liability for the accuracy of said property line boundaries, fence lines or property corners.
ConcreteConcreteConcreteConcreteLawnLawnLawn Lawn
Rolled Curb & Gutter9'-7"Pistache Tree 24” Box
Pistache Tree 24” Box
(E) 24” Ø Tree
3 Coleonema ‘Compacta’
(E) Water Meter Water Meter
(E) Water Meter 8 Verbena ‘Homestead Purple’
6 Agapanthus
‘Queen Anne’
4 Coleonema ‘Compacta’
6 Rhaphiolepis
umbellata ‘Minor’
4 Escallonia
‘Newport Dwarf’
2 Teucrium
chamaedrys
2 Teucrium
chamaedrys
2 Teucrium
chamaedrys
2 Teucrium
chamaedrys
12 Verbena ‘Homestead Purple’
3 Rhaphiolepis umbellata
‘Minor’
6 Agapanthus
‘Queen Anne’
4 Escallonia
‘Newport Dwarf’
8 Verbena ‘Homestead Purple’
6 Star
Jasmine
6 Agapanthus ‘Queen Anne’
3 Escallonia ‘Fradesii'
4 Nandina domestica
11 Escallonia ‘Fradesii’
Stepping Stones
10 Pittosporum tenuifolium
3 Nandina domestica
3 Escallonia ‘Fradesii’
3 Ecallonia ‘Fradesii’
3 Escallonia ‘Fradesii’
3 Nandina domestica
Property Line
Property Line
Property Line
Pea Gravel Path
30” wide
Pea Gravel Path
30” wide
Wood Fence 6’ high
3 Coleonema ‘compacta’
Water Meter
8 Star Jasmine
trained to Fence
9 Star Jasmine
Trained to Trellis
18” Sq. Pillar
w/ Stone Veneer
Wrought Iron
Fence 6’ high
Wrought Iron
Fence 6’ high
Wood Gate &
Fence 6’ high
18” Sq. Pillar
w/ Stone Veneer
Wrought Iron
Fence 6’ high
4 Nandina domestica
3 Nandina domestica
3&7*4*0/4#:KAREN AITKEN & ASSOCIATESLANDSCAPE ARCHITECTS 8262 Rancho Real Gilroy Ca. 95020Calif. Reg.#2239 (408) 842-0245karen@kaa.design01-18-22
EL ENCANTO
N EL ENCANTO RESIDENCESDATE
SCALE
DRAWN
JOB
* NOTES (E) = Existing Gurries Dr, Gilroy, CA.1/8"=1'-0"
L-1 PLANTING PLANSCALE 1/8” = 1’-0”
0 8 16
EM - AD
PLANT LEGEND
6.B.c
Packet Pg. 46 Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
Gurries Dr
Residence
B
Residence
A
Residence
C
Residence
D
Driveway of
Pavers
Driveway of
Pavers
Driveway of
Pavers
Driveway of
Pavers
Sidewalk
LawnLawnLawnLawn
Karen Aitken & Associates -2021
These drawings are instruments of service, issued for a one-time single use by the owner. The entire contents of these drawings is copyright Karen Aitken & Associates. Landscape Architect retains all rights and title. No part may be reproduced in any fashion or medium without the express written approval of the landscape architect. The proper electronic transfer of data shall be the user’s responsibility without
liability to the landscape architect. Owner shall assume responsibility for compliance with all easements, setback requirements and property lines. Owner shall acquire all necessary permits required to perform work shown on plans. Base information has been provided by the owner. Karen Aitken & Associates assumes no liability for the accuracy of said property line boundaries, fence lines or property corners.
Rolled Curb & GutterPistache Tree 24” Box
(E) 24” Ø Tree (E) Water Meter Water Meter
(E) Water Meter
Stepping Stones
Property Line
Property Line
Property Line
Pea Gravel Path
30” wide
Pea Gravel Path
30” wide
Wood Fence 6’ high
Water MeterCCCCRRRR
MS
MS MS
MS
170 SF Low
Water Drip
279 SF High
Water Spary
3 61 SF Low
Water Drip
4 376 SF Low
Water Drip
1 63 SF Low
Water Drip
2 50 SF High
Water Spray
3195 SF Low
Water Drip
163 SF Low
Water Drip
250 SF High
Water Spary
3 195 SF Low
Water Drip
1 65 SF Low
Water Drip
2 70 SF High
Water Spray
361 SF Low
Water Drip
4376 SF Low
Water Drip
“I have complied with the criteria of the Water Conservation in
Landscaping Ordinance and applied them accordingly for the
efficient use of water in the irrigation design plan.”
IRRIGATION KEY
Main Line SCH 40 2"
Sleeves SCH 40 4" or contractor to locate and use
existing if possible
Lateral Line SCh 40 1"
Rainbird Drip Valve XCS-100-PRF
Drip Line: Netafim Techline CV LITE with 18" Emitter spacing
and 24" lateral spacing. Provide flush valves at the end of each
circuit and air relief valve at the high point of each circuit.
C Rainbird Controller 4 to 22- station ESP-Me
Rainbird RSD Series Rain Shut OffR
Rainbird SMRT-Y Soil Moisture SensorMS
Rainbird Valves PEB or PEBS
Rainbird 1800 series 6" Heads
Netafim
Dripline
Rainbird
PEB VALVE
Netafim
Flush Valve
Rainbird Controller
22 station ESP-Me
Rainbird Drip Valve
XCS-100-PRF
Rainbird
Rotors
Rainbird RSD
Series Rain Shut OffRainbird SMRT-Y Soil
Moisture Sensor
18” Sq. Pillar
w/ Stone Veneer
Wrought Iron
Fence 6’ high
Wrought Iron
Fence 6’ high
Wood Gate &
Fence 6’ high
18” Sq. Pillar
w/ Stone Veneer
Wrought Iron
Fence 6’ high
3&7*4*0/4#:KAREN AITKEN & ASSOCIATESLANDSCAPE ARCHITECTS 8262 Rancho Real Gilroy Ca. 95020Calif. Reg.#2239 (408) 842-0245karen@kaa.designEL ENCANTO
N EL ENCANTO RESIDENCESDATE
SCALE
DRAWN
JOB
* NOTES (E) = Existing Gurries Dr, Gilroy, CA.1/8"=1'-0"
L-2 IRRIGATION PLANSCALE 1/8” = 1’-0”
0 8 16
EM - AD
01-18-22
6.B.c
Packet Pg. 47 Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
Karen Aitken & Associates -2021
These drawings are instruments of service, issued for a one-time single use by the owner. The entire contents of these drawings is copyright Karen Aitken & Associates. Landscape Architect retains all rights and title. No part may be reproduced in any fashion or medium without the express written approval of the landscape architect. The proper electronic transfer of data shall be the user’s responsibility without
liability to the landscape architect. Owner shall assume responsibility for compliance with all easements, setback requirements and property lines. Owner shall acquire all necessary permits required to perform work shown on plans. Base information has been provided by the owner. Karen Aitken & Associates assumes no liability for the accuracy of said property line boundaries, fence lines or property corners.
3&7*4*0/4#:KAREN AITKEN & ASSOCIATESLANDSCAPE ARCHITECTS 8262 Rancho Real Gilroy Ca. 95020Calif. Reg.#2239 (408) 842-0245karen@kaa.designEL ENCANTO EL ENCANTO RESIDENCESDATE
SCALE
DRAWN
JOB Gurries Dr, Gilroy, CA.1/8"=1'-0"
L-3
EM - ADIRRIGATION DETAILS01-18-22
RESIDENCE “C” RESIDENCE “B” RESIDENCE “A”
6.B.c
Packet Pg. 48 Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
Karen Aitken & Associates -2021
These drawings are instruments of service, issued for a one-time single use by the owner. The entire contents of these drawings is copyright Karen Aitken & Associates. Landscape Architect retains all rights and title. No part may be reproduced in any fashion or medium without the express written approval of the landscape architect. The proper electronic transfer of data shall be the user’s responsibility without
liability to the landscape architect. Owner shall assume responsibility for compliance with all easements, setback requirements and property lines. Owner shall acquire all necessary permits required to perform work shown on plans. Base information has been provided by the owner. Karen Aitken & Associates assumes no liability for the accuracy of said property line boundaries, fence lines or property corners.
IRRIGATION NOTES
1. THE IRRIGATION SYSTEM IS TO BE INSTALLED IN CONFORMANCE WITH ALL LOCAL
CODES.
2. THIS IRRIGATION DESIGN IS DIAGRAMMATIC IN NATURE AND DOES NOT REPRESENT AN
EXACT LAYOUT. THE CONTRACTOR SHALL MAKE MINOR ADJUSTMENTS IN HEAD, VALVE, AND
PIPING LAYOUT. FOR GRAPHIC CLARITY, PIPING MAY BE SHOWN OUTSIDE OF PLANTING
AREAS BUT SHOULD BE INSTALLED IN BEDS WHENEVER POSSIBLE.
3. REMOTE CONTROL VALVES SHALL BE INSTALLED FLUSH WITH FINISH GRADE AND
SHOULD BE INSTALLED IN PLANTING AREAS ONLY. USE EXISTING VALVE BOXES WHEN
POSSIBLE.
4. WHERE PIPE PASSES UNDER DRIVING SURFACES, AND WALKS PROVIDE PVC SLEEVES AS
NOTED ON PLANS. CONTRACTOR TO USE EXISTING SLEEVING WHEN POSSIBLE AND IS TO
LOCATE ON SITE.
5. CONTRACTOR TO CONFIRM THE LOCATION OF ALL EXISTING UTILITIES AND
UNDERGROUND STRUCTURES PRIOR TO EXCAVATION OF TRENCHES. CONTRACTOR TO
REPAIR ANY DAMAGES CAUSED BY, OR DURING THE PERFORMANCE OF HIS WORK AT NO
EXTRA COST TO THE OWNER.
THE FOLLOWING CRITERIA SHALL BE USED IN THE PREPARATION OF ON-SITE SOILS AND
FOR MULCHING PROCEDURES:
A) PRIOR TO THE PLANTING OF ANY MATERIALS, COMPACTED SOILS SHALL BE
TRANSFORMED TO A FRIABLE CONDITION. ON ENGINEERED SLOPES, ONLY AMENDED
PLANTING HOLES NEED MEET THIS REQUIREMENT;
B) SOIL AMENDMENTS SHALL BE INCORPORATED ACCORDING TO RECOMMENDATIONS OF
THE SOIL REPORT AND WHAT IS APPROPRIATE FOR THE PLANTS SELECTED;
C) FOR LANDSCAPE INSTALLATIONS, COMPOST AT A RATE OF A MINIMUM OF FOUR CUBIC
YARDS PER 1,000 SQUARE FEET OF PERMEABLE AREA SHALL BE INCORPORATED TO A
DEPTH OF SIX INCHES INTO THE SOILS WITH GREATER THAN 6% ORGANIC MATTER IN THE
TOP 6 INCHES OF SOIL ARE EXEMPT FROM ADDING COMPOST AND TILLING;
D) A MINIMUM 3 INCH (3") LAYER OF BARK MULCH SHALL BE APPLIED ON ALL EXPOSED
SOIL SURFACES OF PLANTING AREAS EXCEPT IN TURF AREAS, CREEPING OR ROOTING
GROUNDCOVERS, OR DIRECT SEEDING APPLICATIONS WHERE
MULCH IS CONTRAINDICATED. TO PROVIDE HABITAT FOR BENEFICIAL INSECTS AND OTHER
WILDLIFE, UP TO 5 % OF THE LANDSCAPE AREA MAY BE LEFT WITHOUT MULCH.
DESIGNATED INSECT HABITAT MUST BE INCLUDED IN THE LANDSCAPE DESIGN PLAN AS
SUCH;
E) STABILIZING MULCHING PRODUCTS SHALL BE USED ON SLOPES THAT MEET CURRENT
ENGINEERING STANDARDS;
F) THE MULCHING PORTION OF THE SEED/MULCH SLURRY IN HYDRO-SEEDED
APPLICATIONS SHALL MEET THE
MULCHING REQUIREMENT;
G) ORGANIC MULCH MATERIALS MADE FROM RECYCLED OR POST-CONSUMER SHALL TAKE
PRECEDENCE OVER INORGANIC MATERIALS OR VIRGIN FOREST PRODUCTS UNLESS THE
RECYCLED POST-CONSUMER ORGANIC PRODUCTS ARE NOT LOCALLY AVAILABLE. ORGANIC
MULCHES ARE NOT REQUIRED WHERE PROHIBITED BY LOCAL FUEL MODIFICATION PLAN
GUIDELINES OR OTHER APPLICABLE LOCAL ORDINANCES.
SOIL PREPARATION, MULCH AND AMENDMENTS
PLANTING NOTES
1. THE CONTRACTOR SHALL LOCATE AND VERIFY THE EXISTENCE OF ALL UTILITIES PRIOR TO STARTING WORK.
2. THE PLANT MATERIAL LOCATIONS ARE DIAGRAMMATIC AND SUBJECT TO CHANGE IN THE FIELD AS DIRECTED
BY THE LANDSCAPE ARCHITECT.
3. ALL PLANT MATERIAL SHALL CONFORM TO THE GUIDELINES ESTABLISHED BY THE CURRENT AMERICAN
STANDARD OF NURSERY STOCK, PUBLISHED BY THE AMERICAN ASSOCIATION OF NURSERYMEN.
4. THE PLANT COUNT IS FOR CONTRACTOR'S CONVENIENCE. IN CASE OF DISCREPANCY, THE PLAN SHALL
GOVERN.
5. ALL TREES TO BE STAKED PLUMB UNLESS OTHERWISE NOTED.
6. ALL PLANTED AREAS SHALL BE FREE FROM ROCKS AND DEBRIS GREATER THAN 2" IN DIAMETER.
7. PRIOR TO THE PLANTING OF ANY MATERIALS, COMPACTED SOILS SHALL BE TRANSFORMED TO A FRIABLE
CONDITION. ON ENGINEERED SLOPES, ONLY AMENDED PLANTING HOLES NEED MEET THIS REQUIREMENT;
8. SOIL AMENDMENTS SHALL BE INCORPORATED ACCORDING TO RECOMMENDATIONS OF THE SOIL REPORT AND
WHAT IS APPROPRIATE FOR THE PLANTS SELECTED;
9. FOR LANDSCAPE INSTALLATIONS, COMPOST AT A RATE OF A MINIMUM OF FOUR CUBIC YARDS PER 1,000
SQUARE FEET OF PERMEABLE AREA SHALL BE INCORPORATED TO A DEPTH OF SIX INCHES INTO THE SOIL. SOILS
WITH GREATER THAN 6% ORGANIC MATTER IN THE TOP 6 INCHES OF SOIL ARE EXEMPT FROM ADDING COMPOST
AND TILLING;
10. A MINIMUM THREE INCH (3″) LAYER OF MULCH SHALL BE APPLIED ON ALL EXPOSED SOIL SURFACES OF
PLANTING AREAS EXCEPT IN TURF AREAS, CREEPING OR ROOTING GROUNDCOVERS, OR DIRECT SEEDING
APPLICATIONS WHERE MULCH IS CONTRAINDICATED. TO PROVIDE HABITAT FOR BENEFICIAL INSECTS AND OTHER
WILDLIFE, UP TO 5 % OF THE LANDSCAPE AREA MAY BE LEFT WITHOUT MULCH. DESIGNATED INSECT HABITAT
MUST BE INCLUDED IN THE LANDSCAPE DESIGN PLAN AS SUCH;
11. STABILIZING MULCHING PRODUCTS SHALL BE USED ON SLOPES THAT MEET CURRENT ENGINEERING
STANDARDS;
12. ORGANIC MULCH MATERIALS MADE FROM RECYCLED OR POST-CONSUMER SHALL TAKE PRECEDENCE OVER
INORGANIC MATERIALS OR VIRGIN FOREST PRODUCTS UNLESS THE RECYCLED POST-CONSUMER ORGANIC
PRODUCTS ARE NOT LOCALLY AVAILABLE. ORGANIC MULCHES ARE NOT REQUIRED WHERE PROHIBITED BY LOCAL
FUEL MODIFICATION PLAN GUIDELINES OR OTHER APPLICABLE LOCAL ORDINANCES.
3&7*4*0/4#:KAREN AITKEN & ASSOCIATESLANDSCAPE ARCHITECTS 8262 Rancho Real Gilroy Ca. 95020Calif. Reg.#2239 (408) 842-0245karen@kaa.designDATE
SCALE
DRAWN
JOB Gurries Dr, Gilroy, CA.EM - AD
L-4 IRRIGATION DETAILSEL ENCANTO EL ENCANTO RESIDENCES01-18-22
RESIDENCE “D”
6.B.c
Packet Pg. 49 Attachment: Site and Architectural Plans (3805 : Gurries Drive 4-unit Townhome Development)
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A
PLANNED UNIT DEVELOPMENT ZONING AMENDMENT (Z 21-04) FOR
PROPERTY LOCATED ON GURRIES DRIVE (APN: 790-35-038, 039, & 054)
WHEREAS, on July 22, 2021 an application was resubmitted by El Encanto III LLC
proposing subdivision of a 8,256 square foot site into four lots, located on Gurries Drive (APN: 790-
35-038, 039, & 054) within the City of Gilroy R3 Medium Density Residential zoning district
(“Project”); and
WHEREAS, the application submittal was accepted as complete on April 5, 2022; and
WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040
General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all
of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines
as well as all sections required to be included in an EIR; and
WHEREAS, the project has been determined to be exempt from the California
Environmental Quality Act (CEQA) under a Statutory Exemption pursuant to Public Resources
Code section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General
Plan, Community Plan or Zoning). Public Resources Code Section 21083.3 allows a lead agency to
avoid repeating analyses that were already provided in a certified General Plan EIR and where
projects are zoned to accommodate a particular density of development; and
WHEREAS, the Planning Commission held a duly noticed public meeting on June 2, 2022,
at which time the Planning Commission received and considered the staff report as well as all
evidence received including written and oral public testimony related to the project Z 21-04; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based is the Community Development
Department, Planning Division.
WHEREAS, the Planning Commission of the City of Gilroy has determined that the
proposed Planned Unit Development design complies with all required Planned Unit Development
findings, presented below:
A. “The project conforms to the Gilroy General Plan in terms of general location and
standards of development.”: The proposed density is consistent with the Medium Density
General Plan land use designation and R-3 zoning designation. This designation is
intended primarily for multi-family attached structures (townhomes, condominiums,
apartment buildings). Per the General plan, buildings are typically two to three stories
tall.
“The project provides the type of development that will fill a specific need of the
surrounding area.”: The townhome project is consistent with Housing Element Goal H-1
(Housing Production) that strives to provide adequate residential sites to accommodate
projected housing needs and encourage the production of a variety of housing types.
Smaller lots accommodate smaller units, such as the 1,576 square foot units being
proposed, which is typically a more affordable housing option than the typical detached
6.B.d
Packet Pg. 50 Attachment: Resolution 2022-XX - Z 21-04 PC reso [Revision 2] (3805 : Gurries Drive 4-unit Townhome Development)
Resolution No. 2022-XX
Page 2
single-family housing that is predominate in Gilroy.
B. “The project will not require urban services beyond those that are currently available.”:
All utilities needed to serve the project are located adjacent to the property.
C. “The project provides a harmonious, integrated plan that justifies exceptions, if such are
required, to the normal requirements of this ordinance.”: The proposed development
proposes reduced setbacks in order to achieve the allowable density and still provide a
reasonable unit size (1,576 square feet). The site layout and building design is compatible
with the surrounding townhome units. The townhome project is consistent with Housing
Element Goal H-1 (Housing Production) to provide adequate residential sites to
accommodate projected housing needs and encourage the production of a variety of
housing types.
“The project reflects an economical and efficient pattern of land uses.”: The project
proposes an economical and efficient pattern of land uses by developing the full potential
of the allowed density of the medium density land use designation.
D. “The project includes greater provisions for landscaping and open space than would
generally be required.”: The private rear yards area are a minimum 230 square feet in
area, exceeding the minimum 150 square foot area for R3 properties (City Code section
30.7.5).
E. “The project utilizes aesthetic design principles to create attractive buildings and open
space areas that blend with the character of surrounding areas.”: In keeping with the
existing surrounding development, the units have been designed with multiple wall
planes, varying roof lines, and two (2) different exterior materials (lap siding and board
and batt). Entry porches are stepped back from the façade of the building.
F. “Not create traffic congestion, noise, odor, or other adverse effect on surrounding
areas.”: The infill project is designed in a consistent manner with the surrounding
properties so as not to create any traffic congestion, noise, odor, or other adverse effect
on surrounding areas.
G. “The project provides adequate access, parking, landscaping, trash areas and storage,
as necessary.”: The project provides adequate access from Gurries Drive and each unit
provides a 2-car garage in addition to driveway parking. The property shares guest
parking (lot to the west) with the development to the north and east, consistent with City
Code. The applicant has requested a “Will Serve” letter from Recology, the City’s waste
hauler.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby recommends to the City Council approval of application Z 21-04 for a Planned Unit
Development Zoning Amendment.
PASSED AND ADOPTED this 2nd day of June 2022 by the following roll call vote:
6.B.d
Packet Pg. 51 Attachment: Resolution 2022-XX - Z 21-04 PC reso [Revision 2] (3805 : Gurries Drive 4-unit Townhome Development)
Resolution No. 2022-XX
Page 3
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
_________________________________ __________________________________
Jon Biggs, Secretary Many Bandhal, Chairperson
6.B.d
Packet Pg. 52 Attachment: Resolution 2022-XX - Z 21-04 PC reso [Revision 2] (3805 : Gurries Drive 4-unit Townhome Development)
1
RESOLUTION NO. 2022-__
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A
TENTATIVE MAP TO ADJUST THE LOT LINES AND SUBDIVIDE THREE (3)
PARCELS ON GURRIES DRIVE (APN: 790-35-038, 039, & 054) INTO A TOTAL
OF FOUR (4) PARCELS (FILE NUMBER TM 21-03)
WHEREAS, on July 22, 2021 an application was resubmitted by El Encanto III LLC
proposing subdivision of a 8,256 square foot site into four lots, located on Gurries Drive (APN: 790-
35-038, 039, & 054) within the City of Gilroy R3 Medium Density Residential zoning district
(“Project”); and
WHEREAS, the application submittal was accepted as complete on April 5, 2022; and
WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040
General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all
of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines
as well as all sections required to be included in an EIR; and
WHEREAS, the project has been determined to be exempt from the California Environmental
Quality Act (CEQA) under a Statutory Exemption pursuant to Public Resources Code section
21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General Plan,
Community Plan or Zoning). Public Resources Code Section 21083.3 allows a lead agency to avoid
repeating analyses that were already provided in a certified General Plan EIR and where projects are
zoned to accommodate a particular density of development; and
WHEREAS, the Planning Commission held a duly noticed public meeting on June 2, 2022, at
which time the Planning Commission received and considered the staff report as well as all evidence
received including written and oral public testimony related to the project TM 21-03; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based is the Community Development
Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby finds that the proposed Tentative Parcel Map (TM 21-03), is consistent with the intent
of the goals and policies of the Gilroy 2040 General Plan; and
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT in order to recommend denial
of the proposed Tentative Parcel Map, the Planning Commission would have to make one of the
seven listed findings described in Government Code Section 66474 based upon substantial evidence
in the record. The seven findings are listed below, along with an explanation for each one as to why
the Commission cannot make the finding:
6.B.e
Packet Pg. 53 Attachment: Resolution 2022-XX - TM 21-03 PC reso [Revision 1] (3805 : Gurries Drive 4-unit Townhome Development)
Resolution No. 2022-__
Page 2 of 30
1. That the proposed subdivision is not consistent with applicable general and specific plans
as specified in Section 65451.
This finding for denial cannot be made. The proposed subdivision (TM 21-03) is generally
consistent with the goals and policies of the Gilroy 2040 General Plan, and no Specific Plan
applies to this property or proposed development.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
This finding for denial cannot be made. The design or improvement of the proposed
subdivision (TM 21-03) is generally consistent with the goals of the Gilroy 2040 General Plan
and no Specific Plan applies to this property or proposed development. The design of the
proposed subdivision (TM 21-03) is also consistent with the Gilroy Mixed-use Residential
and Multi-family Residential Objective Design Standards Policy.
3. That the site is not physically suitable for the type of development.
This finding for denial cannot be made. The site is physically suitable for the proposed
development (TM 21-03) because it is generally consistent with the City’s Zoning Ordinance,
Subdivision Ordinance, and Land Development Code. Public utilities and infrastructure
improvements needed to serve the proposed project are in proximity to the site.
4. That the site is not physically suitable for the proposed density of development.
This finding for denial cannot be made. The site is physically suitable for the proposed
density because the proposed development (TM 21-03) has been designed in conformance
with the Gilroy 2040 General Plan density allowance and the City’s Zoning Ordinance,
Subdivision Ordinance, and Land Development Code.
5. That the design of the proposed subdivision or the proposed improvements are likely to
cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
This finding for denial cannot be made. The design of the subdivision and the proposed
improvements (TM 21-03) will not cause substantial environmental damage, or substantially
injure fish or wildlife because the site is located within a developed urban context and is not
in or adjacent to any sensitive habitat areas. There will be no significant environmental
impacts as a result of this project which is statutorily exempt from the California
Environmental Quality Act (CEQA), pursuant to Public Resources Code section 21083.3 and
State CEQA Guidelines section 15183 since the project is consistent with the Gilroy 2040
General Plan and natural resource policies.
6. That the design of the subdivision or type of improvements is likely to cause serious public
health problems.
This finding for denial cannot be made. The design of the proposed residential subdivision
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and the type of proposed residential improvements (TM 21-03) will not cause serious public
health problems because the site is located within an urban context and has access to urban
services including sewer and water.
7. That the design of the subdivision or the type of improvements will conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision. In this connection, the governing body may approve a map if it finds that
alternate easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This subsection shall
apply only to easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to a legislative body to determine
that the public at large has acquired easements for access through or use of property within
the proposed subdivision.
This finding for denial cannot be made. The design of the proposed Tentative Parcel Map
(TM 21-03) will not conflict with any easements identified by the Preliminary Title Report
for the site, including but not limited to public use easement, private waterline, private
utility, private ingress and egress, private parking and private overland release and
incidental purposes.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Gilroy hereby recommends to the City Council the approval of application TM 21-03, subject
to the Conditions of approval attached hereto as Exhibit A.
PASSED AND ADOPTED this 2nd day of June, 2022 by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
_________________________________ __________________________________
Jon Biggs, Secretary Many Bandhal, Chairperson
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EXHIBIT A
CONDITIONS OF APPROVAL
TM 21-03
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 21-03 is granted to
adjust the lot lines and subdivide three (3) parcels on Gurries Drive (APN: 790-35-038,
039, & 054) into a total of four (4) parcels within the City of Gilroy R3 Medium Density
Residential zoning district as shown on the Parcel Map prepared by HANNA-BRUNETTI
for El Encanto III LLC, consisting of one (1) sheet, dated November 2021 and received by
the Planning Division on February 11, 2022.
Build-out of the project shall conform to the plans, except as otherwise specified in these
conditions. Any future adjustment or modification to the plans, including any changes
made at time of building permit submittal, shall be considered by the Community
Development Director or designee, may require separate discretionary approval, and shall
conform to all City, State, and Federal requirements, including subsequent City Code
requirements or policies adopted by City Council.
2. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply
with any of the conditions of this permit, the Developer, owner or tenant shall be subject
to permit revocation or enforcement actions pursuant to the City Code. All costs
associated with any such actions shall be the responsibility of Developer, owner or tenant.
3. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at
Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy
(“the City”) and its officers, contractors, consultants, attorneys, employees and agents
from any and all claim(s), action(s) or proceeding(s) brought against the City or its
officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set
aside, void or annul the approval of this resolution or any condition attached thereto or any
proceedings, acts or determinations taken, including actions taken under the California
Environmental Quality Act of 1970, as amended, done or made prior to the approval of
such resolution that were part of the approval process.
4. SIGNS: No signs are approved as part of this application. Prior to issuance of a sign
permit for this site, Developer shall propose well-designed, quality signs that comply with
the allowances of the City Code and are to the satisfaction of the Community
Development Director or designee.
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5. SIGNAGE: All signage advertising the development project or components thereof,
including individual tenants or subdivisions, shall be installed or maintained onsite or
offsite as allowed and in conformance with an approved sign permit.
6. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the
drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98.
The following conditions shall be addressed prior to issuance of any BUILDING PERMIT,
GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise
specified in the condition.
7. CONDITIONS OF APPROVAL: On plans submitted for grading permit, developer shall
include a plan sheet(s) that includes a reproduction of all conditions of approval of this
permit, as adopted by the decision-maker.
8. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall submit a Habitat Permit application to the City of Gilroy. The application
shall consist of the application processing fee, Santa Clara Valley Habitat Plan Application
For Private Projects and Fees and Conditions Worksheet (available on the Santa Clara
Valley Habitat Agency website: https://www.scv-habitatagency.org/). A grading permit
will be issued only after approval of the Habitat Plan permit and payment of assessed fees.
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL
MAP, or other deadline as specified in the condition.
9. TENTATIVE MAP: An approved tentative parcel map, which shall expire twenty-four
(24) months from the approval date, may be extended pursuant to the provisions of the
Map Act.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.
10. CONSTRUCTION RELATED NOISE: To minimize potential construction-related
impacts to noise, Developer shall include the following language on any grading, site
work, and construction plans issued for the subject site
“During earth-moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on
Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on
Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project area;
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c. Construct sound walls or other noise reduction measures prior to developing the
project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize “quiet” models of air compressors and other stationary noise sources where
technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for responding to
any complaints about construction noise. The disturbance coordinator will
determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require
that reasonable measures be implemented to correct the problem.”
11. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction-
related impacts to air quality, Developer shall require all construction contractors to
implement the basic construction mitigation measures recommended by the Bay Area Air
Quality Management District (BAAQMD) and shall include the following language on
any grading, site work, and construction plans issued for the project site
“During earth-moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall
be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 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
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visible to ensure compliance with applicable regulations.”
12. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the
Developer will ensure the contractor employs engineering controls and Best Management
Practices (BMPs) to minimize human exposure to potential contaminants. Engineering
controls and construction BMPs will include, but not be limited to, the following:
a. Contractor employees working on-site will be certified in OSHA’s 40-hour
Hazardous Waste Operations and Emergency Response (HAZWOPER) training;
b. Contractor will stockpile soil during development activities to allow for proper
characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor emissions
with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto
transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing winds;
and
f. Contractor will cover the bottom of excavated areas with sheeting when work is
not being performed.
13. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is
discovered during construction of the project, excavations within 50’ of the find shall be
temporarily halted or delayed until the discovery is examined by a qualified
paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The
City shall include a standard inadvertent discovery clause in every construction contract to
inform contractors of this requirement. If the find is determined to be significant and if
avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan
consistent with the Society of Vertebrate Paleontology standards.
14. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental
discovery of archaeological resources during grading or construction activities, Developer
shall include the following language on any grading, site work, and construction plans
issued for the project site:
“If archaeological or cultural resources are discovered during earth-moving,
grading, or construction activities, all work shall be halted within at least 50 meters
(165 feet) of the find and the area shall be staked off immediately. The monitoring
professional archaeologist, if one is onsite, shall be notified and evaluate the find.
If a monitoring professional archaeologist is not onsite, the City shall be notified
immediately and a qualified professional archaeologist shall be retained (at
Developer’s expense) to evaluate the find and report to the City. If the find is
determined to be significant, appropriate mitigation measures shall be formulated
by the professional archaeologist and implemented by the responsible party.”
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15. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or
recognition of any human remains, Developer shall include the following language in all
grading, site work, and construction plans:
“If human remains are found during earth-moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until the
coroner of Santa Clara County is contacted to determine that no investigation of
the cause of death is required. If the coroner determines the remains to be Native
American the coroner shall contact the Native American Heritage Commission
within 24 hours. The Native American Heritage Commission shall identify the
person or persons it believes to be the most likely descendent (MLD) from the
deceased Native American. The MLD may then make recommendations to the
landowner or the person responsible for the excavation work, for means of treating
or disposing of, with appropriate dignity, the human remains and associated grave
goods as provided in Public Resources Code Section 5097.98. The landowner or
his authorized representative shall rebury the Native American human remains and
associated grave goods with appropriate dignity on the property in a location not
subject to further disturbance if: a) the Native American Heritage Commission is
unable to identify a MLD or the MLD failed to make a recommendation within 24
hours after being notified by the commission; b) the descendent identified fails to
make a recommendation; or c) the landowner or his authorized representative
rejects the recommendation of the descendent, and the mediation by the Native
American Heritage Commission fails to provide measures acceptable to the
landowner.”
16. Runoff under post-development conditions shall not exceed those under pre-development
conditions.
PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project
ENTITLEMENT(S); and which shall be addressed on the construction plans submitted for any
BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be satisfied prior
to issuance of whichever permit is issued first, or if another deadline is specified in a condition, at
that time.
17. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the
time of first improvement plan submittal, the applicant shall submit a $10,000 (Ten
Thousand Dollar) initial deposit for project plan check and construction inspection. This
deposit will be credited/accounted toward final plan check and inspection fee for the
project. In addition, the applicant shall submit a detailed project cost estimate prepared by
the project engineer, to approval of the City Engineer, with the initial project plan
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submittal. The cost estimate shall be broken out into on-site and off-site improvements.
Prior to plan approval, the applicant shall pay 100% of the plan check and inspection fee
based on the approved project cost estimate. Public Works will not sign-off on the issuance
of the project building permit without full payment of this plan check and inspection fee.
(PUBLIC WORKS).
18. PLAN SUBMITTAL: The Engineering project plans shall be submitted, in full, with the
building permit plans. Improvement plans are required for both on-site and off- site
improvements, and the improvement plan set cover sheet shall include an index referencing
on-site and off-site improvements. All improvements shall be designed and constructed in
accordance with the City of Gilroy Municipal Code and Standard Specifications and Details
and are subject to all laws of the City of Gilroy by reference. The improvement plans shall
include all improvements per the Public Works Site Improvement Plan Checklist. (PUBLIC
WORKS).
19. UTILITY PLANS: A utility plan shall be provided for all projects as specified within
these conditions of approval. To ensure coordination between the applicant and the
relevant utility company:
a. The applicant shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and cables
including the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction structures as a
part of the Improvement Plan submittals for the project. Show preferred and
alternative locations for all utility vaults and boxes if project has not obtained PG&E
approval. A licensed Civil or Electrical Engineer shall sign the composite drawings
and/or utility improvement plans. (All dry utilities shall be placed underground).
b. The applicant shall negotiate any necessary right-of-way or easement with PG&E,
or any other utilities, subject to the review and approval by the Engineering Division
and the utility companies.
c. A “Will Serve Letter” shall be provided for each utility company expected to
service the subdivision. Early coordination with the utility companies is necessary to
obtain this letter. Coordination of City utilities shall be through the Engineering
Division.
d. A note shall be placed on the joint trench composite plans which states that the plan
agrees with City Codes and Standards and that no underground utility conflict exists.
(PUBLIC WORKS)
20. UTILITY RESPONSIBILITIES: Storm and sewer utilities in private areas shall be
privately owned and privately maintained. The water system in Gilroy is owned and
maintained by the City. Conversely, public utilities within utility easements on private
property remain the responsibility of the individual utility companies to maintain. The
plans shall note the inspection, ownership and maintenance responsibility for each utility
shown on the plans within a Table of Responsibilities on the project cover sheet of the
improvement plans submitted with the initial plan submittal. The table shall include the list
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of streets, the responsible party for inspection of the improvements, who is responsible for
the ownership of the utility, and who is responsible for the maintenance of the utility. An
example of this table, including the types of utilities to be listed, can be provided by the
Engineering Division upon request. (PUBLIC WORKS)
21. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be
prepared by a registered professional engineer experienced in preparing these types of
plans. The applicant shall submit, with the improvement plans submitted with the initial
plan submittal, a letter from the design Electrical or Civil Engineer that states the electrical
plan conform to City Codes and Standards, and to the approved improvement plans. The
letter shall be signed and stamped by the professional engineer that prepares the
improvement plans. (PUBLIC WORKS)
22. EXISTING FACILITIES PROTECTION: All existing public utilities shall be protected
in place and if necessary, relocated as approved by the City Engineer. No permanent
structure is permitted within City easements without the approval of the City of Gilroy.
(PUBLIC WORKS)
23. STORMWATER QUALITY: Project design shall comply with the Stormwater
Management Guidance Manual for Low Impact Development & Post-Construction
Requirements. The applicant shall submit the Source Control Checklist as well as the
appropriate Performance Requirements Checklist found in Appendix A of the manual at the
time of the initial submittal for building permit. The manual can be found at the following
site: www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)
24. DEVELOPER STORMWATER QUALITY RESPONSIBILITY: The developer is
responsible for ensuring that all contractors are aware of all storm water quality measures
and implement such measures. Failure to comply with the approved construction BMPs will
result in the issuance of correction notices, citations, or a project stop order. (PUBLIC
WORKS)
25. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all
construction activities in accordance with Gilroy Municipal Code Section 27C, Municipal
Storm Water Quality Protection and Discharge Controls, and Section E.10, Construction
Site Storm Water Run-Off Control Program of the Regional NPDES Permit. Detailed
information can be located at:
www.flowstobay.org/documents/business/construction/SWPPP.pdf. This sheet shall be
printed and included in all building construction plan sets permitted for construction in the
City of Gilroy. (PUBLIC WORKS)
26. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire
Hydrant flow test to confirm the water system will adequately serve the development and
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will modify any part of the systems that does not perform to the standards established by
the City. Applicant shall coordinate with Fire Department for the Fire Hydrant flow test.
The flow test results shall be submitted with the initial plan submittal. (PUBLIC WORKS)
27. WATER CONSERVATION: The project shall fully comply with the measures required
by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter
27, Article VI), and subsequent amendments to meet the requirements imposed by the State
of California’s Water Board. This ordinance established permanent voluntary water saving
measures and temporary conservation standards. (PUBLIC WORKS)
28. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water,
sewer, storm drain or traffic studies for the development deemed appropriate by the City
Engineer. These studies shall provide the supporting hydraulic calculation for pipe sizing
per the City Standard Design Guidelines. The study shall be reviewed and approved by
Engineering. If the results of the study indicate that this development contributes to the
over-capacity of the trunk line, the applicant will be required to mitigate the impact by
removing and replacing, or upsizing of the existing utilities to accommodate the appropriate
level of project flows to the approval of the City Engineer. The improvements shall be
addressed on the construction drawings, to the approval of the City Engineer, prior to the
issuance of the first building permit. (PUBLIC WORKS)
29. MASTER PLAN COMPLIANCE: The project shall comply with all City Master Plans to
the approval of the City Engineer. Street improvements, all street sections, the design of all
off-site storm drainage facilities, sewer and water lines shall be in accordance with City
Standards and shall follow the most current City Master Plan as approved by the City
Engineer. Improvements deemed necessary by the City Engineer shall be shown on the
project improvement plans. (PUBLIC WORKS)
30. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees. The City’s latest impact fee
schedule is available on the City’s website. Payment of all Impact Fees is required at first
building permit issuance. Fees shall be based on the current fee schedule in effect at the
time of fee payment, consistent with and in accordance with City policy. Note that impact
fees increase at the beginning of each fiscal year, July 1. Specific fee language is provided
further in these conditions of approval. (PUBLIC WORKS)
31. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the
applicant shall submit a Storm Water Management Plan (SWMP) prepared by a registered
Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities,
and the study shall include all off-site tributary areas. Study and the design shall be in
compliance with the City’s Stormwater Management Guidance Manual (latest edition).
Existing off-site drainage patterns, i.e., tributary areas, drainage amount, and velocity shall
not be altered by the development. The plan shall be to the approval of the City Engineer
and shall be approved prior to the issuance of the building permit. (PUBLIC WORKS)
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32. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all
existing improvements not designated for removal, and all new improvements that are
damaged during construction or removed because of the applicant’s operations. The
applicant shall request a walk-through with the Engineering Construction Inspector before
the start of construction to verify existing conditions. Said repairs shall be completed prior
to the first occupancy of the project. (PUBLIC WORKS)
33. TRIANGULAR AREA OF VISIBILITY : Landscaping and permanent structures located
within the 10' triangular area of visibility at the driveway, and 45’ triangular area of
visibility at any project corner, shall have a minimum vertical clearance of 9’, and/or be less
than 2’ in height. This includes all PG&E above ground structures and other utility
facilities. The sight triangle shall be shown on the site civil plans, to the approval of the
City Engineer, to demonstrate this condition. (PUBLIC WORKS)
34. DRIVEWAY DESIGN: Driveway grades shall be designed to keep a standard design
vehicle from dragging or “bottoming out” on the street or driveway, and to keep water
collected in the street from flowing onto the lots. The details of such design shall be
provided on the site civil plans to the satisfaction of the City Engineer. (PUBLIC WORKS)
35. GRADING & DRAINAGE: All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. There shall be no earthwork
disturbance or grading activities between October 15th and April 15th unless otherwise
approved by the City Engineer. If approved, the applicant shall submit a Winterization
Erosion Control Plan to the City Engineer for review and approval. This plan shall
incorporate erosion control devices and other techniques in accordance with Gilroy
Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination sediment runoff,
construction pollution and other potential construction contamination shall be addressed
through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP).
The SWPPP shall supplement the Erosion Control Plan and project improvement plans.
These documents shall also be kept on-site while the project is under construction. A Notice
of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy
provided to the Engineering Division before a grading permit will be issued. A project
WDID# shall be added to the grading plans prior to plan approval. (PUBLIC WORKS)
36. GEOTECHNICAL ENGINEER: Prior to building permit issuance, the applicant’s
Geotechnical Engineer shall review the final grading, pavement design and drainage plans
to ensure that said designs are in accordance with the recommendations or the project
geotechnical study, and the peer review comments. The applicant’s Geotechnical
Engineer’s approval shall then be conveyed to the City either by letter, or by signing the
plans.
All grading operations and soil compaction activities shall be per the approved project’s
design level geotechnical report. All grading activities shall be conducted under the
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observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with
the City of Gilroy for each phase of construction, stating that all grading activities were
performed in conformance with the requirements of the project’s geotechnical report. The
applicant shall add this condition to the general notes on the grading plan.
Certification of grades and compaction are required prior to Building Permit final. This
statement must be added as a general note to the Grading and Drainage Plan. (PUBLIC
WORKS)
37. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must
obtain an encroachment permit, posting the required bonds and insurance, and provide a
one (1) year warranty for all work to be done in the City's right-of-way or City easement.
This encroachment permit shall be obtained prior to the issuance of a foundation building
permit and prior to any work being done in the City's right-of-way. All existing public
utilities shall be protected in place and if necessary relocated as approved by the City
Engineer. No permanent structures are permitted within the City right-of-way, or within
any City easement unless otherwise approved by the City Engineer. The applicant shall
have street improvement plans prepared for all work in the public right-of-way by a
licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Prior to
issuance of the encroachment permit, the applicant shall submit any applicable pedestrian
or traffic control plans for any lane or sidewalk closures. The traffic control plan shall
comply with the State of California Manual of Uniform Traffic Control Devices (MUTCD),
and standard construction practices. [(For major street improvements) Construction plans
for improvements in the right-of-way shall be submitted to the City Engineer at 30%, 60%,
and 90% design for review. All design assumptions and criteria shall be submitted with
each phase of design submittal. Project specifications shall be included for review with the
90% design review.]
Final construction plans and specifications shall be approved by the City Engineer, and
released for construction, prior to the issuance of the encroachment permit. The applicant
is required to confirm the location of existing utility lines along the project frontage by
potholing. Prior to any potholing, applicant shall submit a pothole plan for City review and
approval. Applicant shall provide the pothole result to the City Engineer prior to final
design. Right-of-way improvements shall include, at a minimum, the following items:
(PUBLIC WORKS)
a. STREET TREES: The applicant shall plant street trees along the project frontage
to match the City of Gilroy’s Street Tree Plan in effect at the time of construction.
The street tree plans shall be per City Standard Drawings, and will include City
Standard tree grates.
b. TREE GRATES: The applicant shall install City Standard Tree Grates as specified
in the approved plans. Tree grates shall be 4’x6’, model OT-T24 by Urban
Accessories, and shall be black power coated. The tree grates shall be shown on the
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improvement plans to be located at the back of curb to the approval of the City
Engineer and shall be installed with the street trees prior to the first occupancy.
c. STREET MARKINGS: The applicant shall install necessary street markings of a
material and design approved by the City Engineer and replace any that are
damaged during construction. These include but are not limited to all pavement
markings, painted curbs and handicap markings. All permanent pavement markings
shall be thermoplastic and comply with Caltrans Standards. Color and location of
painted curbs shall be shown on the plans and are subject to approval by the City
Engineer. Any existing painted curb or pavement markings no longer required shall
be removed by grinding if thermoplastic, or sand blasting if in paint.
d. SIDEWALK: The applicant shall replace to existing City standards all sidewalk
surrounding the project site. The actual amount of sidewalk to be replaced shall be
determined by the Public Works Construction Inspector in the field prior to
construction. Sidewalk replacement shall be constructed per the City Standard
Drawings.
e. CURB AND GUTTER: The applicant shall replace to existing City standards all
curb and gutter surrounding the project site. The actual amount of curb and gutter to
be replaced shall be determined by the Public Works Construction Inspector in the
field prior to construction. New curb and gutter shall be constructed per the City
Standard Drawing STR-12.
f. DRIVEWAY APPROACHES: The applicant shall install City Standard
Residential driveway approaches as shown on the approved plans. The new
residential driveway approach shall be constructed per the City Standard Drawing.
g. SEWER LATERAL::
i. The applicant shall install as a minimum a six (6) inch City Standard sewer
lateral connection from the property line to the sewer main located in the
street right-of-way. The installation shall be done in accordance with the City
Standard Drawing SWR-6 including a 6" property line clean-out.
h. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out behind
the public service easement in accordance with the City Standard Drawing SWR-6.
i. SEPARATE WATER SERVICES: The applicant shall provide separate water
services for residential and irrigation use of the project. These separate services
shall be clearly identified on the plans.
j. SANITARY (STORM) SEWER MANHOLE(S): The applicant shall install
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standard sanitary sewer manholes per approved plans and in accordance with the
City Standard Drawing.
k. STORM WATER CATCH BASIN(S): The applicant shall install standard storm
water catch basins per approved plans and in accordance with the City Standard
Drawing.
l. SIDEWALK UNDERDRAIN(S): The applicant shall install standard sidewalk
underdrains in accordance with the City Standard Drawing STR-19.
38. UTILITIES: All new services to the development shall be "underground service" designed
and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone)
Company and local cable company regulations. Transformers and switch gear cabinets
shall be placed underground unless otherwise approved by the Planning Director and the
City Engineer. Underground utility plans must be submitted to the City prior to
installation. (PUBLIC WORKS)
39. EXTERIOR SITE LIGHTING STANDARDS: The applicant shall submit a photometric
plan for on-site lighting showing lighting levels to Illuminating Engineering Society (IES)
Standards. The plan shall comply with the requirement of an average of 1 foot-candle with
a 4:1 minimum to average ratio and a minimum lighting of 0.3 foot-candle. This lighting
standard is applicable to all publicly-accessibly parking lots, driveways, circulation areas,
aisles, passageways, recesses, and publicly accessible grounds contiguous to all buildings.
Private, interior courtyards not accessible to the public are not required to meet this
standard. The lighting system shall be so designed as to limit light spill beyond property
lines and to shield the light source from view from off site. The photometric plan shall be
approved by the City Engineer or their designee and shall be addressed on the construction
plans submitted for any demolition permit, building permit, or grading permit and shall be
satisfied prior to issuance of whichever permit is issued first. Any subsequent building
permits that include any site lighting shall also meet these requirements. (PUBLIC
WORKS)
40. STREET LIGHTING STANDARDS: The applicant shall submit plans for street/sidewalk
showing lighting levels to Illuminating Engineering Society (IES) Standards. The plan
shall comply with lighting requirements as follows:
a. Arterial Streets: 1.0 fc with minimum lighting of 0.5 fc
b. Collector/Local Streets: 0.6 fc average with a 0.3 fc minimum
c. High Volume Intersections: 1.0 fc with a 4:1 minimum to average ratio and a minimum
lighting of 0.5 fc
d. Low Volume Intersections: 0.6 fc with a 4:1 minimum to average ratio and a minimum
lighting of 0.3 fc.
The applicant shall submit a photometric plan identifying how these lighting levels are
being met given the site geometrics, using the City Standard streetlights, and a Type III
lighting distribution. The width of the street shall, and lighting levels shall determine the
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lighting spacing. Streetlights and pull boxes shall be installed in the planter strip if one is
present, or behind the back of walk where feasible to maintain sidewalk clear of
obstructions to the approval of the City Engineer. The photometric plan shall be approved
prior to the issuance of the building permit. (PUBLIC WORKS)
41. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water Program’s
requirements, the applicant shall mark with the words “No Dumping! Flows to Bay,” or
equivalent, using methods approved by the City standards on all storm inlets surrounding
and within the project parcel. Furthermore, storm drains shall be designed to serve
exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not
permitted in the City of Gilroy. (PUBLIC WORKS)
42. DRAINAGE: Drainage designed into landscaping with the purpose of reducing volume or
improving quality of runoff from the site shall be implemented according to the
requirements of the Stormwater Management Guidance Manual for Low Impact
Development & Post Construction Requirements (June 2015) and shall also be, subject to
the approval of the City Engineer. Where necessary, sidewalk drains per the City Standard
Drawing shall be provided to direct the water under the sidewalk and through the curb. No
increase to the peak discharge shall be permitted downstream. In addition, discharge must
conform to any non-point source permit issued by the Regional Water Quality Control
Board. Drainage improvements made on-site shall conform to standard engineering
practices and shall not allow any site drainage to impact adjacent properties. All drainage
capacity calculations shall be performed by a licensed Civil Engineer, whose signed
engineer’s stamp shall appear on the calculations sheets and shall be submitted to the City
for review and approval with the project civil plans. For projects that include permanent
structural controls for water quality protection, the O&M (operation and maintenance)
procedures for such control features shall be submitted in a site-specific Stormwater
Control Plan (SWCP) which shall be reviewed and approved prior to occupancy. A formal
O&M Agreement shall specify the owner’s responsibility to ensure their ongoing effective
operation and maintenance. Such O&M responsibility requirements shall be recorded on
the property deed.
If the project is proposing to connect to an existing storm drain system within or
downstream from the site, the design engineer shall provide calculations with the final
design plans to demonstrate that the downstream drainage system has adequate capacity to
accommodate the additional site flows being added to the system for the design storm per
City Standards. The calculations shall be to the approval of the City Engineer prior to the
issuance of the first building permit. (PUBLIC WORKS)
43. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall
submit results from a third-party review of the project’s stormwater design. The results
shall confirm that the project is complying with requirements set in the City of Gilroy
Stormwater Management Guidance Manual for Low Impact Development and Post-
Construction Requirements. (PUBLIC WORKS)
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44. SITE LANDSCAPING COORDINATION: The site landscaping needs to be coordinated
between the stormwater treatment area and the overall site landscaping plan area. The
landscaping within the stormwater treatment area will not count towards the site
landscaping requirement. Stormwater treatment areas should be identified on the site first,
and then site landscaping to make sure the correct plant material is identified for each area.
Some site landscaping plant material may not be suitable in stormwater treatment areas due
to the nature of the facility. Sewer facilities cannot be aligned through stormwater
treatment facilities. It is the applicant’s responsibility to coordinate the civil stormwater
treatment facilities and the plans from the project landscaper. (PUBLIC WORKS)
45. ADDRESS PLAN: The applicant shall submit to the Public Works Department a final
address plan. The plan shall be substantially in conformance with the address plan
approved with the Arch & Site application. Said submittal shall be approved by the City
Engineer prior to the submittal of plans for any demolition permit, building permit, or site
development permit and shall be satisfied prior to issuance of whichever permit is issued
first. (PUBLIC WORKS)
46. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to
prove funding towards additional tree planting in the City. The fee is based on the amount
of added hardscape the project is adding. The estimated impact fee, based on the approved
plans, is $400.00 (Four-Hundred Dollars). This fee is only an estimate. The actual impact
fee will be calculated based on building permit plans submitted, and the fees approved by
the City Council in place at the time of the building permit submittal. The fee shall be
collected by the Public Works Department and paid prior to issuance of the first building
permit. (PUBLIC WORKS)
47. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to
the project's share of storm drainage flowing off-site and shall be used to enhance the City’s
storm drainage system based on the recommendations of the adopted Storm Drainage
Master Plan. The estimated impact fee, based on the approved plans, is $174.00 (One-
Hundred Seventy-Four). This fee is only an estimate. The actual impact fee will be
calculated based on building permit plans submitted, and the fees approved by the City
Council in place at the time of the building permit submittal. The fee shall be collected by
the Public Works Department and paid prior to issuance of the first building permit.
(PUBLIC WORKS)
48. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee
proportional to the project’s share of the increase amount of sewage generated by the
project, which shall be used to enhance the City’s sewer system based on the adopted
Sewer Master Plan. The estimated impact fee, based on the approved plans, is $27,868
(Twenty-Seven Thousand Eight-Hundred Sixty-Eight). This fee is only an estimate. The
actual impact fee will be calculated based on building permit plans submitted, and the fees
approved by the City Council in place at the time of the building permit submittal. The fee
shall be collected by the Public Works Department and paid prior to issuance of the first
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building permit. At first improvement plan submittal, applicant’s engineer shall submit a
calculation for sanitary sewer and water generation per the City’s Master Plan design
criteria. The fee shall be collected by the Public Works Department and paid prior to
issuance of the first building permit. (PUBLIC WORKS)
49. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to
the project's share of impact to the City’s water system, and the water needs of the
development. The fee shall be used to fund improvements identified in the City’s Water
Master Plan. The estimated impact fee, based on the approved plans, is $7,156 (Seven-
Thousand One-Hundred Fifty-Six). This fee is only an estimate. The actual impact fee will
be calculated based on building permit plans submitted, and the fees approved by the City
Council in place at the time of the building permit submittal. At first improvement plan
submittal, applicant’s engineer shall submit a calculation for water generation per the City’s
Master Plan design criteria. The fee shall be collected by the Public Works Department and
paid prior to issuance of the first building permit. (PUBLIC WORKS)
50. TRANSPORTATION IMPROVEMENT FEE: The applicant shall pay a fee
proportional to the project's share of transportation improvements needed to serve
cumulative development within the City of Gilroy. The funds shall be used to fund
improvements identified in the City Traffic Circulation Master Plan. The estimated impact
fee, based on the approved plans, is $40,964 (Forty Thousand Nine-Hundred Sixty-Four) .
This fee is only an estimate. The actual impact fee will be calculated based on building
permit plans submitted, and the fees approved by the City Council in place at the time of
the building permit submittal. The fee shall be collected by the Public Works Department
and paid prior to issuance of the first building permit. (PUBLIC WORKS)
51. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to the
project’s share of the increase to the use of City Public facilities. The estimated impact fee,
based on the approved plans, is $73,896 (Seventy-Three Thousand Eight-Hundred Ninety-
Six). This fee is only an estimate. The actual impact fee will be calculated based on
building permit plans submitted, and the fees approved by the City Council in place at the
time of the building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)
52. CONSTRUCTION NOTICING: At least one week prior to commencement of any on or
off-site work, the applicant shall post at the site, and to property owners within (300') three
hundred feet of the exterior boundary of the project site a notice that construction work will
commence on or around the stated date. The notice shall include a list of contact persons
with name, title, phone number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be current at all times and shall consist
of persons with authority to initiate corrective action in their area of responsibility. The
names of individuals responsible for dust, noise and litter control shall be expressly
identified in the notice. Noticing shall be in both English and Spanish. The notice shall be
submitted for review to the approval of the City Engineer two weeks prior to the issuance
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of the building permit. (PUBLIC WORKS)
The following conditions shall be met prior to the approval of the PARCEL MAP.
53. PARCEL MAP: It shall be the applicant's responsibility to have a parcel map, prepared by
a person authorized to practice land surveying in California, delineating all parcels created
or deleted and all changes in lot lines in conformance with the Gilroy Municipal Code. The
parcel map shall be approved by the Department of Public Works and recorded with the
County Recorder’s Office prior to the issuance of any City permits. A parcel map
guarantee shall be submitted to the City, by the applicant’s title company, prior to release of
the parcel map to the title company for recordation. Prior to the City’s release of the parcel
map to the title company, the applicant may, at the discretion of the City Engineer, be
required to submit to the City an electronic copy of the map in the AutoCAD Version being
used by the City at the time of recordation. It is the applicant's responsibility to check with
their title company and the County Recorder’s Office to determine the time necessary to
have the map recorded after City approval. (PUBLIC WORKS)
54. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall
prepare project Covenants, Conditions and Restrictions (CC&R) for the project. The
CC&Rs shall be submitted with the project map for review and approval of the City
Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall include relevant
project Conditions of Approval and shall include language that restricts the Homeowner’s
Association from making changes to the CC&Rs without first obtaining approval from the
City. The CC&Rs shall be reviewed and approved prior to the City Council approval of the
project map. (PUBLIC WORKS)
55. RECORD DRAWINGS: The applicant shall submit one full set of original record
drawings and construction specifications for all off-site improvements to the Department of
Public Works. All underground facilities shall be shown on the record drawings as
constructed in the field. The applicant shall also provide the City with an electronic copy of
the record drawings in the AutoCAD Version being used by the City at the time of
completion of the work. The applicant shall also submit an AutoCAD drawing file of all
consultants composite base map linework showing all public improvements and utility
layouts. This condition shall be met prior to the release of utilities, final inspection, or
issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)
56. PAVEMENT RESTORATION: Due to construction activities, new utility cuts along the
project frontage, and the anticipated project’s truck traffic the applicant shall grind and
overlay with 2-inches of asphalt concrete the roadways anticipated to be damaged as a
result of construction activities within the general area of the project or along the
designated haul route. If the street abutting the property has been classified as being in a
failed condition or a Pavement Condition Index (PCI) of 50 or below, the applicant will be
required to reconstruct the street. Limits of the roadway repair shall be from the west
property line to the east property line. The City Engineer shall approve the roadway repair
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prior to the release of utilities, final inspection, or issuance of a certificate of occupancy,
whichever occurs first. (PUBLIC WORKS)
57. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:
The applicant shall execute a Stormwater Management Facilities Maintenance Agreement
with the City Engineer as specified in Chapter 7.39.210-230 of the Stormwater
Management and Discharge Control ordinance. The agreement shall outline the operation
and maintenance (O&M) plan for the permanent storm water treatment facilities. The City-
Standard Stormwater BMP Operation and Maintenance Agreement will be provided by
Public Works Engineering. The agreement shall include the following:
a. 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.
b. 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.
c. Any repairs or restoration/replacement and maintenance shall be in accordance with
City-approved plans.
d. 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.
This agreement shall be executed prior to the first occupancy of the building. (PUBLIC
WORKS)
58. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater
Management Facilities Maintenance Agreement work shall require inspections be
performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit, the
applicant shall secure a QSD or QSP to maintain all erosion control and BMP
measures during construction. The applicant’s QSD or QSP shall provide the City
weekly inspection reports to the approval of the City Engineer.
b. 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
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7. As applicable, the need for site re-inspection.
c. Upon completion of each inspection, an inspection report shall be submitted to
Public Works Engineering no later than October 1st for the Fall report, and no later
than March 15th of the following year for the Winter report.
d. Before commencing any grading or construction activities, the applicant 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.
e. The applicant 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.
f. Sequence of construction for all stormwater facilities (bioswales, detention/
retention basins, drain rock, etc.) shall be done toward final phases of project to
prevent silting of facilities and reduce the intended use of the facilities.
g. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or
QSD to meet the minimum design infiltration rate. All tests shall be made at on 20
ft x 20ft grid pattern over the surface of the completed stormwater facility unless
otherwise approved by the City Engineer.
All soil and infiltration properties for all stormwater facilities shall be evaluated by the
geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing with
appropriate safety factors) 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. (PUBLIC WORKS)
59. REGIONAL BOARD STORMWATER REVIEW: 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. Prior to building permit issuance, the project shall receive approval or
acknowledgment by the Regional Board. 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. (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a condition,
at that time.
60. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at least
ten (10) working days prior to the start of any construction work, and at that time the
contractor shall provide a project construction and phasing schedule, and a 24-hour
emergency telephone number list. The schedule shall be in Microsoft Project, or an
approved equal, and shall identify the scheduled critical path for the installation of
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improvements to the approval of the City Engineer. The schedule shall be updated weekly.
The approved construction and phasing schedule shall be shared with Gilroy Unified
School District (GUSD) to avoid traffic impacts to surrounding school functions. An
approved construction information handout(s) shall also be provided to GUSD to share with
school parents. (PUBLIC WORKS)
a. All work shown on the improvement plans shall be inspected to the approval
of the City Engineer as applicable. Uninspected work shall be removed as
deemed appropriate by the City Engineer.
b. Construction activities related to the issuance of any Public Works permit
shall be restricted to the weekday between 7:00 a.m. and 7:00 p.m., Saturday
9:00 a.m. to 7:00 p.m. for general construction activities. No work shall be done
on Sundays and on City Holidays unless otherwise approved by the City
Engineer. Please note that no work shall be allowed to take place within the
City right-of-way after 5:00 p.m. Monday through Friday. In addition, no work
being done under the issuance of a Public Works encroachment permit may be
performed on the weekend unless prior approvals have been granted by Public
Works. The City Engineer may apply additional construction period restrictions,
as necessary, to accommodate standard commute traffic along arterial roadways
and along school commute routes. Signs outlining the project construction
times shall be posted at conspicuous locations on site where it is visible to the
public. The signs shall be per the City Standard Drawing for posting
construction hours. The sign shall be kept free of graffiti at all times. Contact
the Public Works Department to obtain sample City Standard sign outlining
hours of operation.
c. The allowed hours of Public Works construction activities may be waived or
modified through an exemption, for limited periods, if the City Engineer finds
that the following criteria are met:
i. Permitting extended hours of construction will decrease the total time
needed to complete the project thus mitigating the total amount of
noise associated with the project as a whole; or,
ii. Permitting extended hours of construction are required to accommodate
design or engineering requirements, such as a large concrete pour.
Such a need would be determined by the project's design engineer and
require approval of the City Engineer.
iii. An emergency situation exists where the construction work is necessary
to correct an unsafe or dangerous condition resulting in obvious and
eminent peril to public health and safety. If such a condition exists, the
City may waive any of the remaining requirements outlined below.
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iv. The exemption will not conflict with any other condition of approval
required by the City to mitigate significant impacts.
v. The contractor or owner of the property will notify residential and
commercial occupants of property adjacent to the construction site of
the hours of construction activity which may impact the area. This
notification must be provided three days prior to the start of the
extended construction activity.
vi. The approved hours of construction activity will be posted at the
construction site in a place and manner that can be easily viewed by any
interested member of the public.
vii. The City Engineer may revoke the exemption at any time if the
contractor or owner of the property fails to abide by the conditions of
exemption or if it is determined that the peace, comfort and tranquility
of the occupants of adjacent residential or commercial properties are
impaired because of the location and nature of the construction. The
waiver application must be submitted to the Public Works Construction
Inspector ten (10) working days prior to the requested date of waiver.
d. The following provision to control traffic congestion, noise, and dust shall
be followed during site excavation, grading and construction:
i. All construction vehicles should be properly maintained and
equipped with exhaust mufflers that meet State standards.
ii. Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after
completion of grading, and by landscaping disturbed soils as soon as
possible.
iii. Further, water trucks shall be present and in use at the construction
site. All portions of the site subject to blowing dust shall be watered as
often as deemed necessary by the City, or a minimum of three times
daily, or apply (non-toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites in order to insure
proper control of blowing dust for the duration of the project.
iv. Watering on public streets and wash down of dirt and debris into
storm drain systems will not be allowed. Streets will be cleaned by
street sweepers or by hand as often as deemed necessary by the
Construction Inspector, or at least once a day. Watering associated with
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on-site construction activity shall take place between the hours of 8 a.m.
and 5 p.m. and shall include at least one late-afternoon watering to
minimize the effects of blowing dust. Recycled water shall be used for
construction watering to manage dust control where possible, as
determined by the City Engineer. Recycled water shall be billed at the
municipal industrial rate based on the current Santa Clara Valley Water
District’s municipal industrial rate. Where recycled water is not
available potable water shall be used. All potable construction water
from fire hydrants shall be metered and billed at the current portable fire
hydrant meter rate.
v. All public streets soiled or littered due to this construction activity
shall be cleaned and swept on a daily basis during the workweek to the
satisfaction of the Construction Inspector.
vi. Construction grading activity shall be discontinued in wind
conditions that in the opinion of the Public Works Construction
Inspector cause excessive neighborhood dust problems.
vii. Site dirt shall not be tracked into the public right-of-way, and shall be
cleaned immediately if done, or the project may risk being shut down.
Mud, silt, concrete and other construction debris shall not be washed into
the City’s storm drains.
viii. Construction activities shall be scheduled so that paving and
foundation placement begin immediately upon completion of grading
operation.
ix. All aggregate materials transported to and from the site shall be
covered in accordance with Section 23114 of the California Vehicle
Code during transit to and from the site.
x. Prior to issuance of any permit, the applicant shall submit any
applicable pedestrian or traffic detour plans, to the satisfaction of the
City Engineer, for any lane or sidewalk closures. The traffic control plan
shall be prepared by a licensed professional engineer with experience in
preparing such plans. The Traffic Control Plan shall be prepared by a
licensed engineer in accordance with the requirements of the latest
edition of the California Manual on Uniform Traffic Control Devices
(MUTCD) and standard construction practices. The Traffic Control Plan
shall be approved prior to the commencement of any work within the
public right-of-way.
xi. During construction, the applicant shall make accessible any or all
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City utilities as directed by the City Engineer.
xii. The minimum soils sampling and testing frequency shall conform to
Chapter 8 of the Caltrans Construction Manual. The applicant shall
require the soils engineer submit to daily testing and sampling reports to
the City Engineer.
61. HERITAGE TREE PROTECTION MEASURES: (use the following condition for
projects with Heritage Trees that require protection) The applicant shall submit a tree
protection plan showing how all on and off-site heritage trees will be protected during
construction. All approved and installed Heritage Tree protection measures shall be
installed prior to any site activities and maintained throughout the period of construction.
The Project Arborist shall complete inspections on an as-need basis during the construction
period and shall submit a monthly report of his/her findings in a letter sent by fax or email
to the City Planner assigned to this project. (PUBLIC WORKS)
62. HOLIDAY CONSTRUCTION MORATORIUM: Due to concerns for businesses within
the vicinity of the Gilroy Outlets and within the Downtown area during the holiday season
(November 20 to January 1), there shall be no construction activities within the right-of-
way which would create lane closures, eliminate parking, create pedestrian detours, or other
activities that may create a major disturbance as determined by the City Engineer. This
prohibition shall apply to Leavesley Road east of US101, and Camino Arroyo in the
vicinity of the Gilroy Outlets. For the Downtown, the prohibition shall be along Monterey
Road between 4th Street and 8th Street, and for one block east and west of Monterey in the
specified restricted zone. (PUBLIC WORKS)
63. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal
to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by
FHWA Standards, the applicant shall submit a truck hauling route and receive a haul permit
that conforms to City of Gilroy Standards to the approval of the City Engineer. Note that
the City requires a Haul Permit be issued for any hauling activities. The project sponsor
shall require contractors to prohibit trucks from using “compression release engine brakes”
on residential streets. The proposed haul route for this project shall be established prior to
building permit issuance. A letter from the applicant confirming the intention to use this
hauling route shall be submitted to the Department of Public Works, and approved, prior to
the issuance of any City permits. All material hauling activities including but not limited
to, adherence to the approved route, hours of operation, staging of materials, dust control
and street maintenance shall be the responsibility of the applicant. All storage and office
trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and walks
will not be allowed. The applicant must provide an approved method of cleaning tires and
trimming loads on-site. Any job-related dirt and/or debris that impacts the public
right-of-way shall be removed immediately. No wash down of dirt into storm drains will
be allowed. All material hauling activities shall be done in accordance with applicable City
ordinances and conditions of approval. Mud, silt, concrete and other construction debris
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shall not be washed into the City’s storm drains. Violation of such may be cause for
suspension of work. (PUBLIC WORKS)
64. CONSTRUCTION WORKER PARKING: The applicant shall provide a construction-
parking plan that minimizes the effect of construction worker parking in the neighborhood
and shall include an estimate of the number of workers that will be present on the site
during the various phases of construction and indicate where sufficient off-street parking
will be utilized and identify any locations for off-site material deliveries. Said plan shall be
approved by the City Engineer prior to issuance of City permits and shall be complied with
at all times during construction. Failure to enforce the parking plan may result in
suspension of the City permits. No vehicle having a manufacturer's rated gross vehicle
weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a
street which abuts property in a residential zone without prior approval from the City
Engineer (§15.40.070). (PUBLIC WORKS)
65. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code,
Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City Engineer
may approve the discharge of uncontaminated pumped ground waters to the sanitary sewer
only when such source is deemed unacceptable by State and Federal authorities for
discharge to surface waters of the United States, whether pretreated or untreated, and for
which no reasonable alternative method of disposal is available. Following the verification
of the applicable local, state and/or federal approvals, a Discharge Plan will be approved
and monitored by the City Engineer. (PUBLIC WORKS)
66. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition of
Illegal Discharges, the applicant shall follow the specific best management practices for the
installation of the Architectural Copper. For detailed information please distribute the flyer
to all construction personnel involved in the fabrication and installation of the Architectural
Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf
(PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES that the use permitted by this
entitlement occupies the premises
67. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In
accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm Water
Pollution Prevention all projects that meet the criteria described in the Storm Water
Guidance Manual for Low Impact Development and Post-Construction Requirements shall
prepare a storm water control plan (SWCP) and shall meet the requirements of the design
standards and selection of best management practices and shall be selected and designed to
the satisfaction of the City Engineer or designee. Requirements shall include:
a. Owner/occupant shall inspect private storm drain facilities at least two (2) times per
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year and sweep parking lots immediately prior to and once during the storm season.
b. The applicant shall be charged the cost of abatement for issues associated with, but
not limited to, inspection of the private storm drain facilities, emergency
maintenance needed to protect public health or watercourses, and facility
replacement or repair in the event that the treatment facility is no longer able to
meet performance standards or has deteriorated. Any abatement activity performed
on the applicant’s property by City staff will be charged to the applicant at the
City’s adopted hourly rate.
c. Label new and redeveloped storm drain inlets with the phrase “No Dumping: Drains
to Bay” plaques to alert the public to the destination of storm water and to prevent
direct discharge of pollutants into the storm drain. Template ordering information is
available at www.flowstobay.org.
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides, and
similar chemical products, as well as petroleum-based wastes, tallow, and grease
planned for storage outdoors shall be stored in covered containers at all times.
e. All public outdoor spaces and trails shall include installation and upkeep of dog
waste stations.
Garbage and recycling receptacles and bins shall be designed and maintained with
permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be
connected to the sanitary sewer system. (PUBLIC WORKS)
68. DRAIN BOX LOCATIONS: The proposed drain boxes are shown to be located in within
the public utility easement (PUE). Public easements and right of ways to be kept clear of
private structures. Relocate the proposed drain boxes out of the PUE. (PUBLIC WORKS)
69. SAWCUT LINES: The Grading and Drainage plans do not show the proposed sawcut
lines for the proposed water services connections to the existing water main along the
project frontage. Show all sawcut lines for the required work in the paved areas of the
public right of way. (PUBLIC WORKS)
70. PAVEMENT IN RIGHT OF WAY: The landscaping and grading and drainage plans
show a 2-foot wide landscape strip behind the proposed sidewalk to the public right of way.
Extend the concrete pavement up to the existing right of way boundary. (PUBLIC WORKS)
Building Division - Standard Conditions of Approval
1. All conditions of approval shall be included on the first sheet after the cover sheet of the
construction drawing submitted for a building permit.
2. A pre-construction meeting shall be held at a time and location agreed upon by the City and
applicant for the purpose of reviewing conditions of approval, pre-occupancy requirements /
temporary certificate of occupancy and construction-site procedures. This meeting shall be
held prior to the issuance of any permit issued by the building department. The applicant shall
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be represented by his design and construction staff, which includes any sub-contractors.
Departments having conditions of approval for the project will represent the City.
3. Temporary fencing along the perimeter of a building site, during construction is required to
ensure security, public safety, and/or noise/dust mitigation. “Temporary” shall mean the
placement of fencing in a manner that is not permanently attached to the ground or attached to
any other structure or material that is itself permanently attached to the ground. Temporary
construction fences consisting of chain-link or plywood, no more that 6-feet in height above
the ground and shall not require any permits or special authorization.
Unless letters of permission from adjacent property owners or a City encroachment permit
have been obtained, temporary construction fencing shall be placed only on the property that
contains the subject construction project. All temporary construction fencing shall be
thoroughly removed from the project site upon completion of construction.
4. Prior to construction, A 24-inch by 36-inch weatherproof copy of the approved Construction
Management Plan shall be posted on the site as part of a job site sign and located so as to be
clearly readable from the public right-of-way. In addition to the approved construction
management plan, the sign shall include the following information:
a) Address of the project site.
b) Permitted hours of construction and of deliveries/off-haul.
c) Name, e-mail address and direct phone number of the General Contractor.
d) Name, e-mail address and direct phone number of the person responsible for
managing the project.
e) Name and direct phone number of the party to call in case of an emergency.
f) City of Gilroy Code Enforcement Officer (408-846-0264).
7. Construction activities shall be limited between the hours of seven am and seven pm Monday
through Friday and nine am to seven pm on Saturday. These hours do not apply to
construction work that takes place inside a completely enclosed building and does not exceed
the exterior ambient noise level as measured 10 feet from the exterior property lines.
Construction Activities shall not occur on Sundays or city holidays which include New Year’s
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas.
8. At the time of building permit submittal, the project developer shall submit a final grading
and drainage plan prepared by a licensed civil engineer depicting all final grades (with
accurate elevations above sea level indicated) and on-site drainage control measures to
prevent storm water runoff onto adjoining properties.
9. The applicant and/or developer shall submit a pad elevation certification prepared by a
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licensed land surveyor or registered civil engineer to the Building Official certifying that the
pad elevation(s) and building location (setbacks) are pursuant to the approved plans, prior to
receiving a foundation inspection for the structure.
10. The building(s) covered by this approval shall be designed and constructed to current adopted
Title 24 Building Standards, including Building, Electrical, Mechanical, Plumbing, Energy,
Fire, Green Building and both State and Federal accessibility requirements in effect and as
amended by the City of Gilroy at the time of building permit submittal.
11. The project developer shall include erosion control/stormwater quality measures on the
project grading plan which shall specifically address measures to prevent soil, dirt, and debris
from entering the public storm drain system. The project developer is responsible for ensuring
that the contractor is aware of and implements such measures.
a) Install filter materials (such as sandbags, filter fabric, etc.) at the storm drain inlet
nearest the downstream side of the project site in order to retain any debris or dirt
flowing in the storm drain system. Maintain and/or replace filter materials to ensure
effectiveness and to prevent street flooding.
b) Never clean machinery, equipment, tools, brushes, or rinse containers into a street,
gutter, or storm drain.
c) Ensure that concrete/gunite supply trucks or concrete/plaster operations do not
discharge wash water into a street, gutter, or storm drain.
d) Concrete wash area: 1) locate wash out area away from storm drains and open ditches;
2) construct a temporary pit large enough to store the liquid and solid waste; 3) clean
the pit by allowing concrete to set; 4) break up the concrete; and then 5) recycle or
dispose of properly.
12. Portable toilets used during construction shall be emptied on a regular basis as necessary to
prevent odor.
13. The applicant shall provide a stamped, signed, and dated soil investigation report containing
design recommendations to the Building Official. The classification shall be based on
observation and any necessary tests of materials disclosed by boring or excavations made in
appropriate locations. Additionally, the applicant shall submit a stamped, signed, and dated
letter from the Geotechnical Engineer or Civil Engineer who prepared the soil investigation
stating the following:
a) The plans and specifications substantially conform to the recommendations in the soil
investigation.
b) The Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall
provide soil site observation and provide periodic and final reports to the City of
Gilroy.
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c) Prior to final inspection for any building or structure, the Geotechnical Engineer or
Civil Engineer who prepared the soil investigation shall issue a final report stating the
completed pad, foundation, finish grading and associated site work substantially
conforms to the approved plans, specifications and investigations.
14. Demolition permit(s) shall be issued in accordance with Section 6.1 of the Gilroy Municipal
Code. Safeguards during construction shall be provided in accordance with Chapter 33 of the
California Building Code.
15. Acceptance of the plans does not release the developer from correction of mistakes, errors, or
omissions contained therein. If, during the course of construction, the public interest requires
a modification or a departure from these accepted plans, the City shall have the authority to
require such modifications to be made.
16. All construction materials, debris and equipment shall be stored on site. If that is not
physically possible, an encroachment permit shall be obtained from the Department of Public
Works prior to placing any construction materials, debris, debris boxes or unlicensed
equipment in the right-of-way. Portable restroom facilities shall not be permitted in the City
right-of-way.
All portions of the job site shall be maintained in an organized and professional condition.
All sidewalks, driveways and public/private roadways fronting the subject site shall be
broom cleaned at the end of each business day.
Fire Prevention - Standard Conditions of Approval
1. All residential structures shall be provided with residential fire sprinklers (13d) including garages.
City standards include:
a) A 1 inch meter and 1.5 inch laterals shall be provided to the two story townhomes.
b) System to comply with NFPA 13D (2016) subject to inspection by the City.
c) Riser shall be installed in the garage or approved exterior cabinet.
d) If the water supply to the home is not at the garage, water supply from point of entry to the riser
shall be approved fire sprinkler line.
e) All enclosed garages shall be provided with sprinkler protection.
f) At least 1 sprinkler of each type shall be present in the spare head box at final.
g) An exterior bell/horn shall be installed on the bedroom side of the home. The water-flow switch
shall be wired to smoke alarms for interior notification.
h) Each attic access shall be protected by a pilot head. The pilot head piping (CPVC) shall be
provided with adequate insulation or be done with a copper riser.
i) Sprinkler coverage shall be provided underneath stairwells when used as storage, closets or
bathrooms (even if less than 55 sq ft). Concealed spaces used for storage in attics or crawl spaces
that exceed 55 sq ft in area and 6 ft in height, shall be provided with sprinkler coverage.
j) A fire flow test shall be obtained from the Deputy Fire Marshal and included in the sprinkler
system design calculations.
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RESOLUTION NO. 2022-___
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN
ARCHITECTURAL AND SITE REVIEW PERMIT TO ALLOW
CONSTRUCTION OF A FOUR (4) UNIT TOWNHOME DEVELOPMENT
FOLLOWING APPROVAL OF TENTATIVE MAP FILE NUMBER TM 21-03 TO
SUBDIVIDE PROPERTY LOCATED ON GURRIES DRIVE (APN: 790-35-038,
039, & 054) INTO A TOTAL OF FOUR (4) PARCELS (FILE NUMBER AS 21-14)
WHEREAS, on July 22, 2021 an application was resubmitted by El Encanto III LLC
requesting architectural and site review for a proposed four-unit townhome development following
subdivision of a 8,256 square foot site into four lots, located on Gurries Drive (APN: 790-35-038,
039, & 054) within the City of Gilroy R3 Medium Density Residential zoning district (“Project”);
and
WHEREAS, the application submittal was accepted as complete on April 5, 2022; and
WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040
General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all
of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines
as well as all sections required to be included in an EIR; and
WHEREAS, the project has been determined to be exempt from the California
Environmental Quality Act (CEQA) under a Statutory Exemption pursuant to Public Resources
Code section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General
Plan, Community Plan or Zoning). Public Resources Code Section 21083.3 allows a lead agency to
avoid repeating analyses that were already provided in a certified General Plan EIR and where
projects are zoned to accommodate a particular density of development; and
WHEREAS, the Planning Commission held a duly noticed public meeting on June 2, 2022,
at which time the Planning Commission received and considered the staff report as well as all
evidence received including written and oral public testimony related to the project AS 21-14; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based is the Community Development
Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby find as follows:
1. The proposed development is permitted and in conformance with the Gilroy Zoning
Ordinance development standards including height, parking and landscaping, and other
adopted policies of the City of Gilroy. The applicant is requesting a deviation from the
required setbacks for the R3 zoning District, as part of their Planned Unit Development
application.
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2. The proposed development would be consistent with all applicable goals and policies of
the Gilroy General Plan in that townhomes are an allowed use pursuant to the General
Plan Medium Density land use designation.
3. The proposed development would not impair the integrity and character of the area
surrounding and in the vicinity of the subject property given that the project has been
designed to comply with the City’s Multi-family Residential Objective Design Standards.
4. The subject site would be served by streets and highways adequate in width and structure
to carry the kind and quantity of traffic such use will generate.
5. The subject site would be provided with adequate sewage, water, fire protection and
storm drainage facilities.
6. The proposed development/use will not adversely affect or be materially detrimental to
the adjacent uses, buildings or structure or to the public health, safety or general welfare,
given that the project would require a building permit and has been designed to comply
with all applicable city development standards.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby recommends to the City Council the approval of AS 21-14, subject to the Conditions
of approval attached hereto as Exhibit A.
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CONDITIONS OF APPROVAL
AS 21-14
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for Architectural and Site Review Permit AS
21-14 is granted to allow construction of a four (4) unit two-story townhome
development on property located on Gurries Drive (APN: 790-35-038, 039, & 054)
within the City of Gilroy R3 Medium Density Residential zoning district as shown on
the project plans, consisting of 16 sheets, prepared by DZ Design Associates, dated
July 2021, and received by the Planning Department on February 11, 2022.
Build-out of the project shall conform to the plans, except as otherwise specified in these
conditions. Any future adjustment or modification to the plans, including any changes
made at time of building permit submittal, shall be considered by the Community
Development Director or designee, may require separate discretionary approval, and shall
conform to all City, State, and Federal requirements, including subsequent City Code
requirements or policies adopted by City Council.
2. PERMIT EXPIRATION: The expiration date of this approval is one year from the date
of recordation of the Final Map for TM 21-03. Building permits must be obtained for the
project within one (1) year from that date. Otherwise this approval shall expire unless a
timely extension has been obtained. Upon application, an extension of time may be
granted by the Community Development Director or designee. Should Developer intend to
request an extension to the permit expiration date, Developer must submit to the Planning
Division a written application with applicable fees prior to the expiration date. Only timely
requests may be considered pursuant to the City Code.
3. RELATED ENTITLEMENTS: This permit is subject to the conditions of approval of
Tentative Map application TM 21-03. If the tentative map is not approved and executed or
if the tentative map expires, this approval shall be null and void.
4. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply
with any of the conditions of this permit, the Developer, owner or tenant shall be subject
to permit revocation or enforcement actions pursuant to the City Code. All costs
associated with any such actions shall be the responsibility of Developer, owner or tenant.
5. 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
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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.
6. SIGNAGE: All signage advertising the development project or components thereof,
including individual tenants or subdivisions, shall be installed or maintained onsite or
offsite as allowed and in conformance with an approved sign permit.
7. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the
drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98.
The following conditions shall be addressed prior to issuance of any BUILDING PERMIT,
GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise
specified in the condition.
8. 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 decision-
maker.
9. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall
certify in writing that the architectural design shown in the building permit plans match
the plans approved by the Community Development Director or designee/Planning
Commission/City Council. Any changes must be clearly noted. The project architect shall
also certify that the structural plans are consistent with the architectural plans. In the event
of a discrepancy between the structural plans and the architectural plans, the architectural
plans shall take precedence, and revised structural drawings shall be submitted to the
Building Division.
10. COLORS AND MATERIALS: Plans submitted for building permit applications shall
include all exterior building materials and colors, including product and finish
manufacturer name, color name and number, and surface finish type (e.g. stucco with sand
finish, plaster with smooth finish) to be used in construction.
11. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior to
initiating any new construction or modifications authorized under this approval, including
but not limited to temporary construction trailers, temporary staging areas, model home
sales offices, advertising signs of any kind, exterior and interior modifications. Developer
shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as
applicable.
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12. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall submit a Habitat Permit application to the City of Gilroy. The application
shall consist of the application processing fee, Santa Clara Valley Habitat Plan Application
For Private Projects and Fees and Conditions Worksheet (available on the Santa Clara
Valley Habitat Agency website: https://www.scv-habitatagency.org/). The grading permit
will be issued only after approval of the Habitat Plan permit and payment of assessed fees.
13. PAYMENT OF FEES: Developer shall pay all required development impact fees prior to
issuance of permits. This includes required park in lieu fees, school fees, traffic impact
fees, etc.
14. GARAGE DOORS: Developer shall provide automatic garage door openers for all
garages. All garage entries shall be equipped with a sectional roll-up garage door.
15. FENCES AND WALLS: All fencing and walls are to be shown on construction drawings
submitted for building permit review and shall not exceed six (6) feet in height, measured
from adjacent grade to the top of the fence or wall. The design and location must comply
with all setback requirements.
16. REFUSE STORAGE: Developer shall show on construction documents a minimum 9-
foot by 3-foot level concrete pad for storage of three refuse containers in the side yard area
or other location approved by the Community Development Director or designee that is
out of view from the street. The storage location shall not be within the garage. Developer
shall also provide for a paved path from the storage location to the pick-up area (typically
the street) that does not require entering the garage. All gates or doors along the path shall
be constructed with a minimum clear space of 36-inches to allow passage of the
containers.
17. RAIN GUTTERS AND DOWNSPOUTS: Developer shall install all roof and building
rain gutters and downspouts, vents, and flashing to integrate as closely as possible with
building design elements, including matching the color of the adjacent surface.
18. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall
clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil surfaces,
as required by the State Model Water Efficient Landscape Ordinance (MWELO).
19. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant species,
such as those listed by the California Invasive Plant Council.
20. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building permits
or initiation of the proposed use, whichever comes first, Developer shall submit a
completed Landscape Documentation Package, including a soil analysis/management
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report along with appropriate application review fees, to the Community Development
Department, including required documentation for compliance verification, and obtain
approval of such plans.
21. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall (as part
of the irrigation system) indicate on construction drawings sensors that suspend or alter
irrigation operation during unfavorable weather conditions (e.g. automatic rain shut-off
devices).
22. PRECONSTRUCTION NESTING BIRD SURVEY: To the extent practicable,
vegetation removal and construction activities shall be performed from September 1
through January 31 to avoid the general nesting period for birds. If construction or
vegetation removal cannot be performed during this period, preconstruction surveys will
be performed no more than two days prior to construction activities to locate any active
nests as follows:
“The Developer shall be responsible for the retention of a qualified biologist to
conduct a survey of the project site and surrounding 500’ for active nests – with
particular emphasis on nests of migratory birds – if construction (including site
preparation) will begin during the bird nesting season, from February 1 through
August 31. If active nests are observed on either the project site or the surrounding
area, the project applicant, in coordination with the appropriate City staff, shall
establish no-disturbance buffer zones around the nests, with the size to be determined
in consultation with the California Department of Fish and Wildlife (usually 100’ for
perching birds and 300’ for raptors). The no-disturbance buffer will remain in place
until the biologist determines the nest is no longer active or the nesting season ends. If
construction ceases for two days or more and then resumes during the nesting season,
an additional survey will be necessary to avoid impacts on active bird nests that may
be present.”
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL
INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs
first, or as otherwise specified in the condition.
23. ON- AND OFF-SITE IMPROVEMENTS: Prior to occupancy, 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.
24. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate
of occupancy or building permit final sign-off, Developer shall complete installation of all
landscaping and irrigation in accordance with the approved plans.
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25. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation of
the proposed use, or completion of each build-out phase of development, Developer shall
submit a signed Certificate of Completion, along with all necessary supporting
documentation and payment to the Community Development Department, for compliance
verification of the landscape installation. Developer is required under the Model Water
Efficient Landscape Ordinance (MWELO) to provide a copy of the approved Certificate
of Completion to the property owner or his or her designee.
26. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required for
the foundation, framing, application of exterior materials, and final completion of each
structure to ensure that the construction matches the approved plans.
27. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall
remove all construction materials, debris, and vehicles from the subject property.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.
28. 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.”
29. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction-
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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.”
30. 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
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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.
31. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is
discovered during construction of the project, excavations within 50’ of the find shall be
temporarily halted or delayed until the discovery is examined by a qualified
paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The
City shall include a standard inadvertent discovery clause in every construction contract to
inform contractors of this requirement. If the find is determined to be significant and if
avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan
consistent with the Society of Vertebrate Paleontology standards.
32. 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.”
33. 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
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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.”
The following conditions shall be complied with AT ALL TIMES that the use permitted by this
entitlement occupies the premises.
34. ADDITIONS, ACCESSORY BUILDINGS, AND PATIO COVERS: Building
additions and patio covers shall conform to the zoning district or PUD approval, as
applicable.
35. GARAGE USE: Garages shall be used for resident parking only. Storage is permitted so
long as it does not prevent use of garage for required vehicle parking. The use and
availability of garage spaces for parking shall be specified in the project CC&R’s.
36. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall maintain
landscaping and irrigation in accordance with the approved plans, except as otherwise
permitted or required by law. Significant changes to the number, placement, and selection
of plant species may require a modification to this approval, to be determined by the
Community Development Director or designee.
37. Runoff under post-development conditions shall not exceed those under pre-development
conditions.
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PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project
ENTITLEMENT(S); and which shall be addressed on the construction plans submitted for any
BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be satisfied prior
to issuance of whichever permit is issued first, or if another deadline is specified in a condition, at
that time.
38. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the
time of first improvement plan submittal, the applicant shall submit a $10,000 (Ten
Thousand Dollar) initial deposit for project plan check and construction inspection. This
deposit will be credited/accounted toward final plan check and inspection fee for the
project. In addition, the applicant shall submit a detailed project cost estimate prepared by
the project engineer, to approval of the City Engineer, with the initial project plan
submittal. The cost estimate shall be broken out into on-site and off-site improvements.
Prior to plan approval, the applicant shall pay 100% of the plan check and inspection fee
based on the approved project cost estimate. Public Works will not sign-off on the issuance
of the project building permit without full payment of this plan check and inspection fee.
(PUBLIC WORKS).
39. PLAN SUBMITTAL: The Engineering project plans shall be submitted, in full, with the
building permit plans. Improvement plans are required for both on-site and off- site
improvements, and the improvement plan set cover sheet shall include an index referencing
on-site and off-site improvements. All improvements shall be designed and constructed in
accordance with the City of Gilroy Municipal Code and Standard Specifications and Details
and are subject to all laws of the City of Gilroy by reference. The improvement plans shall
include all improvements per the Public Works Site Improvement Plan Checklist. (PUBLIC
WORKS).
40. UTILITY PLANS: A utility plan shall be provided for all projects as specified within
these conditions of approval. To ensure coordination between the applicant and the
relevant utility company:
a. The applicant shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and cables
including the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction structures as a
part of the Improvement Plan submittals for the project. Show preferred and
alternative locations for all utility vaults and boxes if project has not obtained PG&E
approval. A licensed Civil or Electrical Engineer shall sign the composite drawings
and/or utility improvement plans. (All dry utilities shall be placed underground).
b. The applicant shall negotiate any necessary right-of-way or easement with PG&E,
or any other utilities, subject to the review and approval by the Engineering Division
and the utility companies.
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c. A “Will Serve Letter” shall be provided for each utility company expected to
service the subdivision. Early coordination with the utility companies is necessary to
obtain this letter. Coordination of City utilities shall be through the Engineering
Division.
d. A note shall be placed on the joint trench composite plans which states that the plan
agrees with City Codes and Standards and that no underground utility conflict exists.
(PUBLIC WORKS)
41. UTILITY RESPONSIBILITIES: Storm and sewer utilities in private areas shall be
privately owned and privately maintained. The water system in Gilroy is owned and
maintained by the City. Conversely, public utilities within utility easements on private
property remain the responsibility of the individual utility companies to maintain. The
plans shall note the inspection, ownership and maintenance responsibility for each utility
shown on the plans within a Table of Responsibilities on the project cover sheet of the
improvement plans submitted with the initial plan submittal. The table shall include the list
of streets, the responsible party for inspection of the improvements, who is responsible for
the ownership of the utility, and who is responsible for the maintenance of the utility. An
example of this table, including the types of utilities to be listed, can be provided by the
Engineering Division upon request. (PUBLIC WORKS)
42. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be
prepared by a registered professional engineer experienced in preparing these types of
plans. The applicant shall submit, with the improvement plans submitted with the initial
plan submittal, a letter from the design Electrical or Civil Engineer that states the electrical
plan conform to City Codes and Standards, and to the approved improvement plans. The
letter shall be signed and stamped by the professional engineer that prepares the
improvement plans. (PUBLIC WORKS)
43. EXISTING FACILITIES PROTECTION: All existing public utilities shall be protected
in place and if necessary, relocated as approved by the City Engineer. No permanent
structure is permitted within City easements without the approval of the City of Gilroy.
(PUBLIC WORKS)
44. STORMWATER QUALITY: Project design shall comply with the Stormwater
Management Guidance Manual for Low Impact Development & Post-Construction
Requirements. The applicant shall submit the Source Control Checklist as well as the
appropriate Performance Requirements Checklist found in Appendix A of the manual at the
time of the initial submittal for building permit. The manual can be found at the following
site: www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)
45. DEVELOPER STORMWATER QUALITY RESPONSIBILITY: The developer is
responsible for ensuring that all contractors are aware of all storm water quality measures
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and implement such measures. Failure to comply with the approved construction BMPs will
result in the issuance of correction notices, citations, or a project stop order. (PUBLIC
WORKS)
46. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all
construction activities in accordance with Gilroy Municipal Code Section 27C, Municipal
Storm Water Quality Protection and Discharge Controls, and Section E.10, Construction
Site Storm Water Run-Off Control Program of the Regional NPDES Permit. Detailed
information can be located at:
www.flowstobay.org/documents/business/construction/SWPPP.pdf. This sheet shall be
printed and included in all building construction plan sets permitted for construction in the
City of Gilroy. (PUBLIC WORKS)
47. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire
Hydrant flow test to confirm the water system will adequately serve the development and
will modify any part of the systems that does not perform to the standards established by
the City. Applicant shall coordinate with Fire Department for the Fire Hydrant flow test.
The flow test results shall be submitted with the initial plan submittal. (PUBLIC WORKS)
48. WATER CONSERVATION: The project shall fully comply with the measures required
by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter
27, Article VI), and subsequent amendments to meet the requirements imposed by the State
of California’s Water Board. This ordinance established permanent voluntary water saving
measures and temporary conservation standards. (PUBLIC WORKS)
49. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water,
sewer, storm drain or traffic studies for the development deemed appropriate by the City
Engineer. These studies shall provide the supporting hydraulic calculation for pipe sizing
per the City Standard Design Guidelines. The study shall be reviewed and approved by
Engineering. If the results of the study indicate that this development contributes to the
over-capacity of the trunk line, the applicant will be required to mitigate the impact by
removing and replacing, or upsizing of the existing utilities to accommodate the appropriate
level of project flows to the approval of the City Engineer. The improvements shall be
addressed on the construction drawings, to the approval of the City Engineer, prior to the
issuance of the first building permit. (PUBLIC WORKS)
50. MASTER PLAN COMPLIANCE: The project shall comply with all City Master Plans to
the approval of the City Engineer. Street improvements, all street sections, the design of all
off-site storm drainage facilities, sewer and water lines shall be in accordance with City
Standards and shall follow the most current City Master Plan as approved by the City
Engineer. Improvements deemed necessary by the City Engineer shall be shown on the
project improvement plans. (PUBLIC WORKS)
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51. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees. The City’s latest impact fee
schedule is available on the City’s website. Payment of all Impact Fees is required at first
building permit issuance. Fees shall be based on the current fee schedule in effect at the
time of fee payment, consistent with and in accordance with City policy. Note that impact
fees increase at the beginning of each fiscal year, July 1. Specific fee language is provided
further in these conditions of approval. (PUBLIC WORKS)
52. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the
applicant shall submit a Storm Water Management Plan (SWMP) prepared by a registered
Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities,
and the study shall include all off-site tributary areas. Study and the design shall be in
compliance with the City’s Stormwater Management Guidance Manual (latest edition).
Existing off-site drainage patterns, i.e., tributary areas, drainage amount, and velocity shall
not be altered by the development. The plan shall be to the approval of the City Engineer
and shall be approved prior to the issuance of the building permit. (PUBLIC WORKS)
53. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all
existing improvements not designated for removal, and all new improvements that are
damaged during construction or removed because of the applicant’s operations. The
applicant shall request a walk-through with the Engineering Construction Inspector before
the start of construction to verify existing conditions. Said repairs shall be completed prior
to the first occupancy of the project. (PUBLIC WORKS)
54. TRIANGULAR AREA OF VISIBILITY : Landscaping and permanent structures located
within the 10' triangular area of visibility at the driveway, and 45’ triangular area of
visibility at any project corner, shall have a minimum vertical clearance of 9’, and/or be less
than 2’ in height. This includes all PG&E above ground structures and other utility
facilities. The sight triangle shall be shown on the site civil plans, to the approval of the
City Engineer, to demonstrate this condition. (PUBLIC WORKS)
55. DRIVEWAY DESIGN: Driveway grades shall be designed to keep a standard design
vehicle from dragging or “bottoming out” on the street or driveway, and to keep water
collected in the street from flowing onto the lots. The details of such design shall be
provided on the site civil plans to the satisfaction of the City Engineer. (PUBLIC WORKS)
56. GRADING & DRAINAGE: All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. There shall be no earthwork
disturbance or grading activities between October 15th and April 15th unless otherwise
approved by the City Engineer. If approved, the applicant shall submit a Winterization
Erosion Control Plan to the City Engineer for review and approval. This plan shall
incorporate erosion control devices and other techniques in accordance with Gilroy
Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff,
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construction pollution and other potential construction contamination sediment runoff,
construction pollution and other potential construction contamination shall be addressed
through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP).
The SWPPP shall supplement the Erosion Control Plan and project improvement plans.
These documents shall also be kept on-site while the project is under construction. A Notice
of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy
provided to the Engineering Division before a grading permit will be issued. A project
WDID# shall be added to the grading plans prior to plan approval. (PUBLIC WORKS)
57. GEOTECHNICAL ENGINEER: Prior to building permit issuance, the applicant’s
Geotechnical Engineer shall review the final grading, pavement design and drainage plans
to ensure that said designs are in accordance with the recommendations or the project
geotechnical study, and the peer review comments. The applicant’s Geotechnical
Engineer’s approval shall then be conveyed to the City either by letter, or by signing the
plans.
All grading operations and soil compaction activities shall be per the approved project’s
design level geotechnical report. All grading activities shall be conducted under the
observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with
the City of Gilroy for each phase of construction, stating that all grading activities were
performed in conformance with the requirements of the project’s geotechnical report. The
applicant shall add this condition to the general notes on the grading plan.
Certification of grades and compaction are required prior to Building Permit final. This
statement must be added as a general note to the Grading and Drainage Plan. (PUBLIC
WORKS)
58. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must
obtain an encroachment permit, posting the required bonds and insurance, and provide a
one (1) year warranty for all work to be done in the City's right-of-way or City easement.
This encroachment permit shall be obtained prior to the issuance of a foundation building
permit and prior to any work being done in the City's right-of-way. All existing public
utilities shall be protected in place and if necessary relocated as approved by the City
Engineer. No permanent structures are permitted within the City right-of-way, or within
any City easement unless otherwise approved by the City Engineer. The applicant shall
have street improvement plans prepared for all work in the public right-of-way by a
licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Prior to
issuance of the encroachment permit, the applicant shall submit any applicable pedestrian
or traffic control plans for any lane or sidewalk closures. The traffic control plan shall
comply with the State of California Manual of Uniform Traffic Control Devices (MUTCD),
and standard construction practices. [(For major street improvements) Construction plans
for improvements in the right-of-way shall be submitted to the City Engineer at 30%, 60%,
and 90% design for review. All design assumptions and criteria shall be submitted with
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each phase of design submittal. Project specifications shall be included for review with the
90% design review.]
Final construction plans and specifications shall be approved by the City Engineer, and
released for construction, prior to the issuance of the encroachment permit. The applicant
is required to confirm the location of existing utility lines along the project frontage by
potholing. Prior to any potholing, applicant shall submit a pothole plan for City review and
approval. Applicant shall provide the pothole result to the City Engineer prior to final
design. Right-of-way improvements shall include, at a minimum, the following items:
(PUBLIC WORKS)
a. STREET TREES: The applicant shall plant street trees along the project frontage
to match the City of Gilroy’s Street Tree Plan in effect at the time of construction.
The street tree plans shall be per City Standard Drawings, and will include City
Standard tree grates.
b. TREE GRATES: The applicant shall install City Standard Tree Grates as specified
in the approved plans. Tree grates shall be 4’x6’, model OT-T24 by Urban
Accessories, and shall be black power coated. The tree grates shall be shown on the
improvement plans to be located at the back of curb to the approval of the City
Engineer and shall be installed with the street trees prior to the first occupancy.
c. STREET MARKINGS: The applicant shall install necessary street markings of a
material and design approved by the City Engineer and replace any that are
damaged during construction. These include but are not limited to all pavement
markings, painted curbs and handicap markings. All permanent pavement markings
shall be thermoplastic and comply with Caltrans Standards. Color and location of
painted curbs shall be shown on the plans and are subject to approval by the City
Engineer. Any existing painted curb or pavement markings no longer required shall
be removed by grinding if thermoplastic, or sand blasting if in paint.
d. SIDEWALK: The applicant shall replace to existing City standards all sidewalk
surrounding the project site. The actual amount of sidewalk to be replaced shall be
determined by the Public Works Construction Inspector in the field prior to
construction. Sidewalk replacement shall be constructed per the City Standard
Drawings.
e. CURB AND GUTTER: The applicant shall replace to existing City standards all
curb and gutter surrounding the project site. The actual amount of curb and gutter to
be replaced shall be determined by the Public Works Construction Inspector in the
field prior to construction. New curb and gutter shall be constructed per the City
Standard Drawing STR-12.
f. DRIVEWAY APPROACHES: The applicant shall install City Standard
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Residential driveway approaches as shown on the approved plans. The new
residential driveway approach shall be constructed per the City Standard Drawing.
g. SEWER LATERAL::
i. The applicant shall install as a minimum a six (6) inch City Standard sewer
lateral connection from the property line to the sewer main located in the
street right-of-way. The installation shall be done in accordance with the City
Standard Drawing SWR-6 including a 6" property line clean-out.
h. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out behind
the public service easement in accordance with the City Standard Drawing SWR-6.
i. SEPARATE WATER SERVICES: The applicant shall provide separate water
services for residential and irrigation use of the project. These separate services
shall be clearly identified on the plans.
j. SANITARY (STORM) SEWER MANHOLE(S): The applicant shall install
standard sanitary sewer manholes per approved plans and in accordance with the
City Standard Drawing.
k. STORM WATER CATCH BASIN(S): The applicant shall install standard storm
water catch basins per approved plans and in accordance with the City Standard
Drawing.
l. SIDEWALK UNDERDRAIN(S): The applicant shall install standard sidewalk
underdrains in accordance with the City Standard Drawing STR-19.
59. UTILITIES: All new services to the development shall be "underground service" designed
and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone)
Company and local cable company regulations. Transformers and switch gear cabinets
shall be placed underground unless otherwise approved by the Planning Director and the
City Engineer. Underground utility plans must be submitted to the City prior to
installation. (PUBLIC WORKS)
60. EXTERIOR SITE LIGHTING STANDARDS: The applicant shall submit a photometric
plan for on-site lighting showing lighting levels to Illuminating Engineering Society (IES)
Standards. The plan shall comply with the requirement of an average of 1 foot-candle with
a 4:1 minimum to average ratio and a minimum lighting of 0.3 foot-candle. This lighting
standard is applicable to all publicly-accessibly parking lots, driveways, circulation areas,
aisles, passageways, recesses, and publicly accessible grounds contiguous to all buildings.
Private, interior courtyards not accessible to the public are not required to meet this
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standard. The lighting system shall be so designed as to limit light spill beyond property
lines and to shield the light source from view from off site. The photometric plan shall be
approved by the City Engineer or their designee and shall be addressed on the construction
plans submitted for any demolition permit, building permit, or grading permit and shall be
satisfied prior to issuance of whichever permit is issued first. Any subsequent building
permits that include any site lighting shall also meet these requirements. (PUBLIC
WORKS)
61. STREET LIGHTING STANDARDS: The applicant shall submit plans for street/sidewalk
showing lighting levels to Illuminating Engineering Society (IES) Standards. The plan
shall comply with lighting requirements as follows:
a. Arterial Streets: 1.0 fc with minimum lighting of 0.5 fc
b. Collector/Local Streets: 0.6 fc average with a 0.3 fc minimum
c. High Volume Intersections: 1.0 fc with a 4:1 minimum to average ratio and a minimum
lighting of 0.5 fc
d. Low Volume Intersections: 0.6 fc with a 4:1 minimum to average ratio and a minimum
lighting of 0.3 fc.
The applicant shall submit a photometric plan identifying how these lighting levels are
being met given the site geometrics, using the City Standard streetlights, and a Type III
lighting distribution. The width of the street shall, and lighting levels shall determine the
lighting spacing. Streetlights and pull boxes shall be installed in the planter strip if one is
present, or behind the back of walk where feasible to maintain sidewalk clear of
obstructions to the approval of the City Engineer. The photometric plan shall be approved
prior to the issuance of the building permit. (PUBLIC WORKS)
62. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water Program’s
requirements, the applicant shall mark with the words “No Dumping! Flows to Bay,” or
equivalent, using methods approved by the City standards on all storm inlets surrounding
and within the project parcel. Furthermore, storm drains shall be designed to serve
exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not
permitted in the City of Gilroy. (PUBLIC WORKS)
63. DRAINAGE: Drainage designed into landscaping with the purpose of reducing volume or
improving quality of runoff from the site shall be implemented according to the
requirements of the Stormwater Management Guidance Manual for Low Impact
Development & Post Construction Requirements (June 2015) and shall also be, subject to
the approval of the City Engineer. Where necessary, sidewalk drains per the City Standard
Drawing shall be provided to direct the water under the sidewalk and through the curb. No
increase to the peak discharge shall be permitted downstream. In addition, discharge must
conform to any non-point source permit issued by the Regional Water Quality Control
Board. Drainage improvements made on-site shall conform to standard engineering
practices and shall not allow any site drainage to impact adjacent properties. All drainage
capacity calculations shall be performed by a licensed Civil Engineer, whose signed
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engineer’s stamp shall appear on the calculations sheets and shall be submitted to the City
for review and approval with the project civil plans. For projects that include permanent
structural controls for water quality protection, the O&M (operation and maintenance)
procedures for such control features shall be submitted in a site-specific Stormwater
Control Plan (SWCP) which shall be reviewed and approved prior to occupancy. A formal
O&M Agreement shall specify the owner’s responsibility to ensure their ongoing effective
operation and maintenance. Such O&M responsibility requirements shall be recorded on
the property deed.
If the project is proposing to connect to an existing storm drain system within or
downstream from the site, the design engineer shall provide calculations with the final
design plans to demonstrate that the downstream drainage system has adequate capacity to
accommodate the additional site flows being added to the system for the design storm per
City Standards. The calculations shall be to the approval of the City Engineer prior to the
issuance of the first building permit. (PUBLIC WORKS)
64. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall
submit results from a third-party review of the project’s stormwater design. The results
shall confirm that the project is complying with requirements set in the City of Gilroy
Stormwater Management Guidance Manual for Low Impact Development and Post-
Construction Requirements. (PUBLIC WORKS)
65. SITE LANDSCAPING COORDINATION: The site landscaping needs to be coordinated
between the stormwater treatment area and the overall site landscaping plan area. The
landscaping within the stormwater treatment area will not count towards the site
landscaping requirement. Stormwater treatment areas should be identified on the site first,
and then site landscaping to make sure the correct plant material is identified for each area.
Some site landscaping plant material may not be suitable in stormwater treatment areas due
to the nature of the facility. Sewer facilities cannot be aligned through stormwater
treatment facilities. It is the applicant’s responsibility to coordinate the civil stormwater
treatment facilities and the plans from the project landscaper. (PUBLIC WORKS)
66. ADDRESS PLAN: The applicant shall submit to the Public Works Department a final
address plan. The plan shall be substantially in conformance with the address plan
approved with the Arch & Site application. Said submittal shall be approved by the City
Engineer prior to the submittal of plans for any demolition permit, building permit, or site
development permit and shall be satisfied prior to issuance of whichever permit is issued
first. (PUBLIC WORKS)
67. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to
prove funding towards additional tree planting in the City. The fee is based on the amount
of added hardscape the project is adding. The estimated impact fee, based on the approved
plans, is $400.00 (Four-Hundred Dollars). This fee is only an estimate. The actual impact
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fee will be calculated based on building permit plans submitted, and the fees approved by
the City Council in place at the time of the building permit submittal. The fee shall be
collected by the Public Works Department and paid prior to issuance of the first building
permit. (PUBLIC WORKS)
68. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to
the project's share of storm drainage flowing off-site and shall be used to enhance the City’s
storm drainage system based on the recommendations of the adopted Storm Drainage
Master Plan. The estimated impact fee, based on the approved plans, is $174.00 (One-
Hundred Seventy-Four). This fee is only an estimate. The actual impact fee will be
calculated based on building permit plans submitted, and the fees approved by the City
Council in place at the time of the building permit submittal. The fee shall be collected by
the Public Works Department and paid prior to issuance of the first building permit.
(PUBLIC WORKS)
69. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee
proportional to the project’s share of the increase amount of sewage generated by the
project, which shall be used to enhance the City’s sewer system based on the adopted
Sewer Master Plan. The estimated impact fee, based on the approved plans, is $27,868
(Twenty-Seven Thousand Eight-Hundred Sixty-Eight). This fee is only an estimate. The
actual impact fee will be calculated based on building permit plans submitted, and the fees
approved by the City Council in place at the time of the building permit submittal. The fee
shall be collected by the Public Works Department and paid prior to issuance of the first
building permit. At first improvement plan submittal, applicant’s engineer shall submit a
calculation for sanitary sewer and water generation per the City’s Master Plan design
criteria. The fee shall be collected by the Public Works Department and paid prior to
issuance of the first building permit. (PUBLIC WORKS)
70. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to
the project's share of impact to the City’s water system, and the water needs of the
development. The fee shall be used to fund improvements identified in the City’s Water
Master Plan. The estimated impact fee, based on the approved plans, is $7,156 (Seven-
Thousand One-Hundred Fifty-Six). This fee is only an estimate. The actual impact fee will
be calculated based on building permit plans submitted, and the fees approved by the City
Council in place at the time of the building permit submittal. At first improvement plan
submittal, applicant’s engineer shall submit a calculation for water generation per the City’s
Master Plan design criteria. The fee shall be collected by the Public Works Department and
paid prior to issuance of the first building permit. (PUBLIC WORKS)
71. TRANSPORTATION IMPROVEMENT FEE: The applicant shall pay a fee
proportional to the project's share of transportation improvements needed to serve
cumulative development within the City of Gilroy. The funds shall be used to fund
improvements identified in the City Traffic Circulation Master Plan. The estimated impact
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fee, based on the approved plans, is $40,964 (Forty Thousand Nine-Hundred Sixty-Four) .
This fee is only an estimate. The actual impact fee will be calculated based on building
permit plans submitted, and the fees approved by the City Council in place at the time of
the building permit submittal. The fee shall be collected by the Public Works Department
and paid prior to issuance of the first building permit. (PUBLIC WORKS)
72. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to the
project’s share of the increase to the use of City Public facilities. The estimated impact fee,
based on the approved plans, is $73,896 (Seventy-Three Thousand Eight-Hundred Ninety-
Six). This fee is only an estimate. The actual impact fee will be calculated based on
building permit plans submitted, and the fees approved by the City Council in place at the
time of the building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)
73. CONSTRUCTION NOTICING: At least one week prior to commencement of any on or
off-site work, the applicant shall post at the site, and to property owners within (300') three
hundred feet of the exterior boundary of the project site a notice that construction work will
commence on or around the stated date. The notice shall include a list of contact persons
with name, title, phone number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be current at all times and shall consist
of persons with authority to initiate corrective action in their area of responsibility. The
names of individuals responsible for dust, noise and litter control shall be expressly
identified in the notice. Noticing shall be in both English and Spanish. The notice shall be
submitted for review to the approval of the City Engineer two weeks prior to the issuance
of the building permit. (PUBLIC WORKS)
The following conditions shall be met prior to the approval of the PARCEL MAP.
74. PARCEL MAP: It shall be the applicant's responsibility to have a parcel map, prepared by
a person authorized to practice land surveying in California, delineating all parcels created
or deleted and all changes in lot lines in conformance with the Gilroy Municipal Code. The
parcel map shall be approved by the Department of Public Works and recorded with the
County Recorder’s Office prior to the issuance of any City permits. A parcel map
guarantee shall be submitted to the City, by the applicant’s title company, prior to release of
the parcel map to the title company for recordation. Prior to the City’s release of the parcel
map to the title company, the applicant may, at the discretion of the City Engineer, be
required to submit to the City an electronic copy of the map in the AutoCAD Version being
used by the City at the time of recordation. It is the applicant's responsibility to check with
their title company and the County Recorder’s Office to determine the time necessary to
have the map recorded after City approval. (PUBLIC WORKS)
75. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall
prepare project Covenants, Conditions and Restrictions (CC&R) for the project. The
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CC&Rs shall be submitted with the project map for review and approval of the City
Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall include relevant
project Conditions of Approval and shall include language that restricts the Homeowner’s
Association from making changes to the CC&Rs without first obtaining approval from the
City. The CC&Rs shall be reviewed and approved prior to the City Council approval of the
project map. (PUBLIC WORKS)
76. RECORD DRAWINGS: The applicant shall submit one full set of original record
drawings and construction specifications for all off-site improvements to the Department of
Public Works. All underground facilities shall be shown on the record drawings as
constructed in the field. The applicant shall also provide the City with an electronic copy of
the record drawings in the AutoCAD Version being used by the City at the time of
completion of the work. The applicant shall also submit an AutoCAD drawing file of all
consultants composite base map linework showing all public improvements and utility
layouts. This condition shall be met prior to the release of utilities, final inspection, or
issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)
77. PAVEMENT RESTORATION: Due to construction activities, new utility cuts along the
project frontage, and the anticipated project’s truck traffic the applicant shall grind and
overlay with 2-inches of asphalt concrete the roadways anticipated to be damaged as a
result of construction activities within the general area of the project or along the
designated haul route. If the street abutting the property has been classified as being in a
failed condition or a Pavement Condition Index (PCI) of 50 or below, the applicant will be
required to reconstruct the street. Limits of the roadway repair shall be from the west
property line to the east property line. The City Engineer shall approve the roadway repair
prior to the release of utilities, final inspection, or issuance of a certificate of occupancy,
whichever occurs first. (PUBLIC WORKS)
78. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:
The applicant shall execute a Stormwater Management Facilities Maintenance Agreement
with the City Engineer as specified in Chapter 7.39.210-230 of the Stormwater
Management and Discharge Control ordinance. The agreement shall outline the operation
and maintenance (O&M) plan for the permanent storm water treatment facilities. The City-
Standard Stormwater BMP Operation and Maintenance Agreement will be provided by
Public Works Engineering. The agreement shall include the following:
a. 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.
b. 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.
c. Any repairs or restoration/replacement and maintenance shall be in accordance with
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City-approved plans.
d. 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.
This agreement shall be executed prior to the first occupancy of the building. (PUBLIC
WORKS)
79. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater
Management Facilities Maintenance Agreement work shall require inspections be
performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit, the
applicant shall secure a QSD or QSP to maintain all erosion control and BMP
measures during construction. The applicant’s QSD or QSP shall provide the City
weekly inspection reports to the approval of the City Engineer.
b. 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.
c. 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.
d. Before commencing any grading or construction activities, the applicant 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.
e. The applicant 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.
f. Sequence of construction for all stormwater facilities (bioswales, detention/
retention basins, drain rock, etc.) shall be done toward final phases of project to
prevent silting of facilities and reduce the intended use of the facilities.
g. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or
QSD to meet the minimum design infiltration rate. All tests shall be made at on 20
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ft x 20ft grid pattern over the surface of the completed stormwater facility unless
otherwise approved by the City Engineer.
All soil and infiltration properties for all stormwater facilities shall be evaluated by the
geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing with
appropriate safety factors) 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. (PUBLIC WORKS)
80. REGIONAL BOARD STORMWATER REVIEW: 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. Prior to building permit issuance, the project shall receive approval or
acknowledgment by the Regional Board. 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. (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a condition,
at that time.
81. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at least
ten (10) working days prior to the start of any construction work, and at that time the
contractor shall provide a project construction and phasing schedule, and a 24-hour
emergency telephone number list. The schedule shall be in Microsoft Project, or an
approved equal, and shall identify the scheduled critical path for the installation of
improvements to the approval of the City Engineer. The schedule shall be updated weekly.
The approved construction and phasing schedule shall be shared with Gilroy Unified
School District (GUSD) to avoid traffic impacts to surrounding school functions. An
approved construction information handout(s) shall also be provided to GUSD to share with
school parents. (PUBLIC WORKS)
a. All work shown on the improvement plans shall be inspected to the approval
of the City Engineer as applicable. Uninspected work shall be removed as
deemed appropriate by the City Engineer.
b. Construction activities related to the issuance of any Public Works permit
shall be restricted to the weekday between 7:00 a.m. and 7:00 p.m., Saturday
9:00 a.m. to 7:00 p.m. for general construction activities. No work shall be done
on Sundays and on City Holidays unless otherwise approved by the City
Engineer. Please note that no work shall be allowed to take place within the
City right-of-way after 5:00 p.m. Monday through Friday. In addition, no work
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being done under the issuance of a Public Works encroachment permit may be
performed on the weekend unless prior approvals have been granted by Public
Works. The City Engineer may apply additional construction period restrictions,
as necessary, to accommodate standard commute traffic along arterial roadways
and along school commute routes. Signs outlining the project construction
times shall be posted at conspicuous locations on site where it is visible to the
public. The signs shall be per the City Standard Drawing for posting
construction hours. The sign shall be kept free of graffiti at all times. Contact
the Public Works Department to obtain sample City Standard sign outlining
hours of operation.
c. The allowed hours of Public Works construction activities may be waived or
modified through an exemption, for limited periods, if the City Engineer finds
that the following criteria are met:
i. Permitting extended hours of construction will decrease the total time
needed to complete the project thus mitigating the total amount of
noise associated with the project as a whole; or,
ii. Permitting extended hours of construction are required to accommodate
design or engineering requirements, such as a large concrete pour.
Such a need would be determined by the project's design engineer and
require approval of the City Engineer.
iii. An emergency situation exists where the construction work is necessary
to correct an unsafe or dangerous condition resulting in obvious and
eminent peril to public health and safety. If such a condition exists, the
City may waive any of the remaining requirements outlined below.
iv. The exemption will not conflict with any other condition of approval
required by the City to mitigate significant impacts.
v. The contractor or owner of the property will notify residential and
commercial occupants of property adjacent to the construction site of
the hours of construction activity which may impact the area. This
notification must be provided three days prior to the start of the
extended construction activity.
vi. The approved hours of construction activity will be posted at the
construction site in a place and manner that can be easily viewed by any
interested member of the public.
vii. The City Engineer may revoke the exemption at any time if the
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contractor or owner of the property fails to abide by the conditions of
exemption or if it is determined that the peace, comfort and tranquility
of the occupants of adjacent residential or commercial properties are
impaired because of the location and nature of the construction. The
waiver application must be submitted to the Public Works Construction
Inspector ten (10) working days prior to the requested date of waiver.
d. The following provision to control traffic congestion, noise, and dust shall
be followed during site excavation, grading and construction:
i. All construction vehicles should be properly maintained and
equipped with exhaust mufflers that meet State standards.
ii. Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after
completion of grading, and by landscaping disturbed soils as soon as
possible.
iii. Further, water trucks shall be present and in use at the construction
site. All portions of the site subject to blowing dust shall be watered as
often as deemed necessary by the City, or a minimum of three times
daily, or apply (non-toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites in order to insure
proper control of blowing dust for the duration of the project.
iv. Watering on public streets and wash down of dirt and debris into
storm drain systems will not be allowed. Streets will be cleaned by
street sweepers or by hand as often as deemed necessary by the
Construction Inspector, or at least once a day. Watering associated with
on-site construction activity shall take place between the hours of 8 a.m.
and 5 p.m. and shall include at least one late-afternoon watering to
minimize the effects of blowing dust. Recycled water shall be used for
construction watering to manage dust control where possible, as
determined by the City Engineer. Recycled water shall be billed at the
municipal industrial rate based on the current Santa Clara Valley Water
District’s municipal industrial rate. Where recycled water is not
available potable water shall be used. All potable construction water
from fire hydrants shall be metered and billed at the current portable fire
hydrant meter rate.
v. All public streets soiled or littered due to this construction activity
shall be cleaned and swept on a daily basis during the workweek to the
satisfaction of the Construction Inspector.
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vi. Construction grading activity shall be discontinued in wind
conditions that in the opinion of the Public Works Construction
Inspector cause excessive neighborhood dust problems.
vii. Site dirt shall not be tracked into the public right-of-way, and shall be
cleaned immediately if done, or the project may risk being shut down.
Mud, silt, concrete and other construction debris shall not be washed into
the City’s storm drains.
viii. Construction activities shall be scheduled so that paving and
foundation placement begin immediately upon completion of grading
operation.
ix. All aggregate materials transported to and from the site shall be
covered in accordance with Section 23114 of the California Vehicle
Code during transit to and from the site.
x. Prior to issuance of any permit, the applicant shall submit any
applicable pedestrian or traffic detour plans, to the satisfaction of the
City Engineer, for any lane or sidewalk closures. The traffic control plan
shall be prepared by a licensed professional engineer with experience in
preparing such plans. The Traffic Control Plan shall be prepared by a
licensed engineer in accordance with the requirements of the latest
edition of the California Manual on Uniform Traffic Control Devices
(MUTCD) and standard construction practices. The Traffic Control Plan
shall be approved prior to the commencement of any work within the
public right-of-way.
xi. During construction, the applicant shall make accessible any or all
City utilities as directed by the City Engineer.
xii. The minimum soils sampling and testing frequency shall conform to
Chapter 8 of the Caltrans Construction Manual. The applicant shall
require the soils engineer submit to daily testing and sampling reports to
the City Engineer.
82. HERITAGE TREE PROTECTION MEASURES: (use the following condition for
projects with Heritage Trees that require protection) The applicant shall submit a tree
protection plan showing how all on and off-site heritage trees will be protected during
construction. All approved and installed Heritage Tree protection measures shall be
installed prior to any site activities and maintained throughout the period of construction.
The Project Arborist shall complete inspections on an as-need basis during the construction
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period and shall submit a monthly report of his/her findings in a letter sent by fax or email
to the City Planner assigned to this project. (PUBLIC WORKS)
83. HOLIDAY CONSTRUCTION MORATORIUM: Due to concerns for businesses within
the vicinity of the Gilroy Outlets and within the Downtown area during the holiday season
(November 20 to January 1), there shall be no construction activities within the right-of-
way which would create lane closures, eliminate parking, create pedestrian detours, or other
activities that may create a major disturbance as determined by the City Engineer. This
prohibition shall apply to Leavesley Road east of US101, and Camino Arroyo in the
vicinity of the Gilroy Outlets. For the Downtown, the prohibition shall be along Monterey
Road between 4th Street and 8th Street, and for one block east and west of Monterey in the
specified restricted zone. (PUBLIC WORKS)
84. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal
to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by
FHWA Standards, the applicant shall submit a truck hauling route and receive a haul permit
that conforms to City of Gilroy Standards to the approval of the City Engineer. Note that
the City requires a Haul Permit be issued for any hauling activities. The project sponsor
shall require contractors to prohibit trucks from using “compression release engine brakes”
on residential streets. The proposed haul route for this project shall be established prior to
building permit issuance. A letter from the applicant confirming the intention to use this
hauling route shall be submitted to the Department of Public Works, and approved, prior to
the issuance of any City permits. All material hauling activities including but not limited
to, adherence to the approved route, hours of operation, staging of materials, dust control
and street maintenance shall be the responsibility of the applicant. All storage and office
trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and walks
will not be allowed. The applicant must provide an approved method of cleaning tires and
trimming loads on-site. Any job-related dirt and/or debris that impacts the public
right-of-way shall be removed immediately. No wash down of dirt into storm drains will
be allowed. All material hauling activities shall be done in accordance with applicable City
ordinances and conditions of approval. Mud, silt, concrete and other construction debris
shall not be washed into the City’s storm drains. Violation of such may be cause for
suspension of work. (PUBLIC WORKS)
85. CONSTRUCTION WORKER PARKING: The applicant shall provide a construction-
parking plan that minimizes the effect of construction worker parking in the neighborhood
and shall include an estimate of the number of workers that will be present on the site
during the various phases of construction and indicate where sufficient off-street parking
will be utilized and identify any locations for off-site material deliveries. Said plan shall be
approved by the City Engineer prior to issuance of City permits and shall be complied with
at all times during construction. Failure to enforce the parking plan may result in
suspension of the City permits. No vehicle having a manufacturer's rated gross vehicle
weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a
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street which abuts property in a residential zone without prior approval from the City
Engineer (§15.40.070). (PUBLIC WORKS)
86. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code,
Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City Engineer
may approve the discharge of uncontaminated pumped ground waters to the sanitary sewer
only when such source is deemed unacceptable by State and Federal authorities for
discharge to surface waters of the United States, whether pretreated or untreated, and for
which no reasonable alternative method of disposal is available. Following the verification
of the applicable local, state and/or federal approvals, a Discharge Plan will be approved
and monitored by the City Engineer. (PUBLIC WORKS)
87. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition of
Illegal Discharges, the applicant shall follow the specific best management practices for the
installation of the Architectural Copper. For detailed information please distribute the flyer
to all construction personnel involved in the fabrication and installation of the Architectural
Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf
(PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES that the use permitted by this
entitlement occupies the premises
88. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In
accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm Water
Pollution Prevention all projects that meet the criteria described in the Storm Water
Guidance Manual for Low Impact Development and Post-Construction Requirements shall
prepare a storm water control plan (SWCP) and shall meet the requirements of the design
standards and selection of best management practices and shall be selected and designed to
the satisfaction of the City Engineer or designee. Requirements shall include:
a. Owner/occupant shall inspect private storm drain facilities at least two (2) times per
year and sweep parking lots immediately prior to and once during the storm season.
b. The applicant shall be charged the cost of abatement for issues associated with, but
not limited to, inspection of the private storm drain facilities, emergency
maintenance needed to protect public health or watercourses, and facility
replacement or repair in the event that the treatment facility is no longer able to
meet performance standards or has deteriorated. Any abatement activity performed
on the applicant’s property by City staff will be charged to the applicant at the
City’s adopted hourly rate.
c. Label new and redeveloped storm drain inlets with the phrase “No Dumping: Drains
to Bay” plaques to alert the public to the destination of storm water and to prevent
direct discharge of pollutants into the storm drain. Template ordering information is
6.B.f
Packet Pg. 111 Attachment: Resolution 2022-0X - AS 21-14 PC reso (3805 : Gurries Drive 4-unit Townhome Development)
Resolution No. 2022-____
Page 30 of 33
available at www.flowstobay.org.
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides, and
similar chemical products, as well as petroleum-based wastes, tallow, and grease
planned for storage outdoors shall be stored in covered containers at all times.
e. All public outdoor spaces and trails shall include installation and upkeep of dog
waste stations.
Garbage and recycling receptacles and bins shall be designed and maintained with
permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be
connected to the sanitary sewer system. (PUBLIC WORKS)
89. DRAIN BOX LOCATIONS: The proposed drain boxes are shown to be located in within
the public utility easement (PUE). Public easements and right of ways to be kept clear of
private structures. Relocate the proposed drain boxes out of the PUE. (PUBLIC WORKS)
90. SAWCUT LINES: The Grading and Drainage plans do not show the proposed sawcut
lines for the proposed water services connections to the existing water main along the
project frontage. Show all sawcut lines for the required work in the paved areas of the
public right of way. (PUBLIC WORKS)
91. PAVEMENT IN RIGHT OF WAY: The landscaping and grading and drainage plans
show a 2-foot wide landscape strip behind the proposed sidewalk to the public right of way.
Extend the concrete pavement up to the existing right of way boundary. (PUBLIC WORKS)
Building Division - Standard Conditions of Approval
1. All conditions of approval shall be included on the first sheet after the cover sheet of the
construction drawing submitted for a building permit.
2. A pre-construction meeting shall be held at a time and location agreed upon by the City and
applicant for the purpose of reviewing conditions of approval, pre-occupancy requirements /
temporary certificate of occupancy and construction-site procedures. This meeting shall be
held prior to the issuance of any permit issued by the building department. The applicant
shall be represented by his design and construction staff, which includes any sub-contractors.
Departments having conditions of approval for the project will represent the City.
3. Temporary fencing along the perimeter of a building site, during construction is required to
ensure security, public safety, and/or noise/dust mitigation. “Temporary” shall mean the
placement of fencing in a manner that is not permanently attached to the ground or attached
to any other structure or material that is itself permanently attached to the ground.
Temporary construction fences consisting of chain-link or plywood, no more that 6-feet in
height above the ground and shall not require any permits or special authorization.
6.B.f
Packet Pg. 112 Attachment: Resolution 2022-0X - AS 21-14 PC reso (3805 : Gurries Drive 4-unit Townhome Development)
Resolution No. 2022-____
Page 31 of 33
Unless letters of permission from adjacent property owners or a City encroachment permit
have been obtained, temporary construction fencing shall be placed only on the property that
contains the subject construction project. All temporary construction fencing shall be
thoroughly removed from the project site upon completion of construction.
4. Prior to construction, A 24-inch by 36-inch weatherproof copy of the approved Construction
Management Plan shall be posted on the site as part of a job site sign and located so as to be
clearly readable from the public right-of-way. In addition to the approved construction
management plan, the sign shall include the following information:
a) Address of the project site.
b) Permitted hours of construction and of deliveries/off-haul.
c) Name, e-mail address and direct phone number of the General Contractor.
d) Name, e-mail address and direct phone number of the person responsible for
managing the project.
e) Name and direct phone number of the party to call in case of an emergency.
f) City of Gilroy Code Enforcement Officer (408-846-0264).
7. Construction activities shall be limited between the hours of seven am and seven pm Monday
through Friday and nine am to seven pm on Saturday. These hours do not apply to
construction work that takes place inside a completely enclosed building and does not exceed
the exterior ambient noise level as measured 10 feet from the exterior property lines.
Construction Activities shall not occur on Sundays or city holidays which include New
Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas.
8. At the time of building permit submittal, the project developer shall submit a final grading
and drainage plan prepared by a licensed civil engineer depicting all final grades (with
accurate elevations above sea level indicated) and on-site drainage control measures to
prevent storm water runoff onto adjoining properties.
9. The applicant and/or developer shall submit a pad elevation certification prepared by a
licensed land surveyor or registered civil engineer to the Building Official certifying that the
pad elevation(s) and building location (setbacks) are pursuant to the approved plans, prior to
receiving a foundation inspection for the structure.
10. The building(s) covered by this approval shall be designed and constructed to current
adopted Title 24 Building Standards, including Building, Electrical, Mechanical, Plumbing,
Energy, Fire, Green Building and both State and Federal accessibility requirements in effect
and as amended by the City of Gilroy at the time of building permit submittal.
6.B.f
Packet Pg. 113 Attachment: Resolution 2022-0X - AS 21-14 PC reso (3805 : Gurries Drive 4-unit Townhome Development)
Resolution No. 2022-____
Page 32 of 33
11. The project developer shall include erosion control/stormwater quality measures on the
project grading plan which shall specifically address measures to prevent soil, dirt, and
debris from entering the public storm drain system. The project developer is responsible for
ensuring that the contractor is aware of and implements such measures.
a) Install filter materials (such as sandbags, filter fabric, etc.) at the storm drain inlet
nearest the downstream side of the project site in order to retain any debris or dirt
flowing in the storm drain system. Maintain and/or replace filter materials to ensure
effectiveness and to prevent street flooding.
b) Never clean machinery, equipment, tools, brushes, or rinse containers into a street,
gutter, or storm drain.
c) Ensure that concrete/gunite supply trucks or concrete/plaster operations do not
discharge wash water into a street, gutter, or storm drain.
d) Concrete wash area: 1) locate wash out area away from storm drains and open
ditches; 2) construct a temporary pit large enough to store the liquid and solid waste;
3) clean the pit by allowing concrete to set; 4) break up the concrete; and then 5)
recycle or dispose of properly.
12. Portable toilets used during construction shall be emptied on a regular basis as necessary to
prevent odor.
13. The applicant shall provide a stamped, signed, and dated soil investigation report containing
design recommendations to the Building Official. The classification shall be based on
observation and any necessary tests of materials disclosed by boring or excavations made in
appropriate locations. Additionally, the applicant shall submit a stamped, signed, and dated
letter from the Geotechnical Engineer or Civil Engineer who prepared the soil investigation
stating the following:
a) The plans and specifications substantially conform to the recommendations in the
soil investigation.
b) The Geotechnical Engineer or Civil Engineer who prepared the soil investigation
shall provide soil site observation and provide periodic and final reports to the City
of Gilroy.
c) Prior to final inspection for any building or structure, the Geotechnical Engineer or
Civil Engineer who prepared the soil investigation shall issue a final report stating
the completed pad, foundation, finish grading and associated site work substantially
conforms to the approved plans, specifications and investigations.
6.B.f
Packet Pg. 114 Attachment: Resolution 2022-0X - AS 21-14 PC reso (3805 : Gurries Drive 4-unit Townhome Development)
Resolution No. 2022-____
Page 33 of 33
14. Demolition permit(s) shall be issued in accordance with Section 6.1 of the Gilroy Municipal
Code. Safeguards during construction shall be provided in accordance with Chapter 33 of
the California Building Code.
15. Acceptance of the plans does not release the developer from correction of mistakes, errors, or
omissions contained therein. If, during the course of construction, the public interest requires
a modification or a departure from these accepted plans, the City shall have the authority to
require such modifications to be made.
16. All construction materials, debris and equipment shall be stored on site. If that is not
physically possible, an encroachment permit shall be obtained from the Department of Public
Works prior to placing any construction materials, debris, debris boxes or unlicensed
equipment in the right-of-way. Portable restroom facilities shall not be permitted in the City
right-of-way.
All portions of the job site shall be maintained in an organized and professional
condition. All sidewalks, driveways and public/private roadways fronting the subject site
shall be broom cleaned at the end of each business day.
Fire Prevention - Standard Conditions of Approval
1. All residential structures shall be provided with residential fire sprinklers (13d) including
garages. City standards include:
a) A 1 inch meter and 1.5 inch laterals shall be provided to the two story townhomes.
b) System to comply with NFPA 13D (2016) subject to inspection by the City.
c) Riser shall be installed in the garage or approved exterior cabinet.
d) If the water supply to the home is not at the garage, water supply from point of entry to
the riser shall be approved fire sprinkler line.
e) All enclosed garages shall be provided with sprinkler protection.
f) At least 1 sprinkler of each type shall be present in the spare head box at final.
g) An exterior bell/horn shall be installed on the bedroom side of the home. The water-flow
switch shall be wired to smoke alarms for interior notification.
h) Each attic access shall be protected by a pilot head. The pilot head piping (CPVC) shall
be provided with adequate insulation or be done with a copper riser.
i) Sprinkler coverage shall be provided underneath stairwells when used as storage, closets
or bathrooms (even if less than 55 sq ft). Concealed spaces used for storage in attics or
crawl spaces that exceed 55 sq ft in area and 6 ft in height, shall be provided with
sprinkler coverage.
j) A fire flow test shall be obtained from the Deputy Fire Marshal and included in the
sprinkler system design calculations.
6.B.f
Packet Pg. 115 Attachment: Resolution 2022-0X - AS 21-14 PC reso (3805 : Gurries Drive 4-unit Townhome Development)
Planning Current Project Log 1
DATE FILED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
City of Gilroy Planning
Division - PROPOSED
Dated:5/27/2022
App Type
Legend: MA Mills Act Request
A Annexation MM Minor Modification
AS Architectural and Site Review SP Sign Permit
CUP Conditional Use Permit TM Tentative Map
DA Development Agreement TUP Temporary Use Permit
DTSUP Downtown Special Use Permit TR Tree Removal Permit
DUP Downtown Use Permit USA Urban Service Area
GPA General Plan Amendment V Variance
HP Habitat Permit VMD Minor Deviation
M Miscellaneous&PreApplication Z Zoning Amendment
DATE FILED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
xx/xx/xxxx DO NOT USE - INSERT NEW LINE BELOW
5/25/2022 AS 22-16, V 22-01 201, 221 Yamane Drive 163,400 SF speculative industrial shell building
5/24/2022 AS 22-15 108 Chickadee Lane
Mixed use project with 12 apartment units and 2,992 SF of
retail space
5/18/2022 TM 22-03 7040 Church Street 3 lot subdivision
5/12/2022 TUP 22-05 Portrush Lane TUP for Model Home Complex
5/12/2022 M 22-07 515 Rossi Court DRG for truck storage lot
5/6/2022 AS 22-14 9120 Gunnera Lane New hillside SFR
Description: This log contains all major planning projects currently under consideration. Contact the planning division at
PlanningDivision@CityofGilroy.org or call (408) 846-0440 if you have any questions regarding this information.
G:\COMDEV\PLANNING\Applications\_APPLICATION LOGS\PLANNING CURRENT PROJECT LOG_4.1.2022PLANNING CURRENT PROJECT LOG_4.1.2022
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Packet Pg. 116 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Current Project Log 2
9/2/2016 M 16-10 10th Street Bridge CEQA Documentation for 10th Street Bridge
4/22/2022 HP 22-05 Eagle Ridge Canyon Estates Habitat Plan Application
4/19/2022 M 22-06 Citywide Vending Policy
3/23/2022 M 22-05 700 Gilman DRG pre-App for Self Storage and RV Parking Facility
4/27/2022 CUP 22-03 (22040050)7499 Monterey Road
Pour Me Taproom - Alcohol Sales (onsite and offsite
consumption)
4/21/2022 AS 22-13 (22040038)2391 Mantelli Drive New hillside SFR
4/8/2022 MM 22-05 2030 Portmarnock Modification of AS 21-08
4/6/2022 AS 22-12 2282 Gunnera New hillside residence
4/6/2022 CUP 22-02 (22040011)7534 Gourmet Alley Covale Taproom - Alcohol Sales (onsite consumption)
4/4/2022 AS 22-11 (22040001)6700 Automall Parkway Remodel of Hyundai Dealership
3/17/2022 AS 22-09 (22030023)
Portrush Court, Southerland
Court, Walton Heath Court Canyon Estates - 19 new detached SFRs in Eagle Ridge
3/15/2022
TM 22-02, Z 22-02
(22030029,30)Miller at Santa Teresa
54 lot subdivision and zone change of 37.54 acres from A1 to
RH (SFR); consisting of 39 market rate tract homes, 14 custom
homes and a clulbhouse.
3/9/2022 AS 22-06 (22030017)8820 Muraoka New steel shop building with ancillary offices
2/8/2022 M 22-02 (22020020)8875 Murray Ave DRG for new three-phase industrial park
2/4/2022 HP 22-01 (22020014)6705 Silacci Way Habitat Permit for AS 16-25
1/31/2022 AS 22-03 (22010026)951 Renz Lane Two new industrial buildings totaling 205,600 SF
1/24/2022 AS 22-02 (22010022)7248 Church Street 2,166 SF addition to historic SFR
1/20/2022 M 22-01 (22010001)625 Luchessa Ave DRG for three new industrial buildings
1/17/2022
AS 22-01 (22010010)
TM 22-01 (22010012)
Z 22-01 700 W 6th Street New 19 lot SFR subdivision on existing professional office park
12/29/2021 AS 21-26 (21120033)850 Holloway Road New 7,137 GSF Packaged Snack Food Warehouse
12/8/2021 AS 21-24 (21120011)Holloway Road New 25,345 SF industrial building
11/30/2021 AS 21-23 (21110042)210 Las Animas
New 7,949 SF industrial, building: approximately 4,975 SF for
endeavour storage offices and wholesale and approximately
3,000 SF for future tenant
9/1/2021
TM 21-04 (21090001); Z 21-05
(21090002); AS 21-17
(21090003); HP 21-12
(21080029)Royal Way
Tentative Map, Zone Change, PUD Architectural & Site
Review, and Habitat Plan Permit for a 45-unit townhouse
project
G:\COMDEV\PLANNING\Applications\_APPLICATION LOGS\PLANNING CURRENT PROJECT LOG_4.1.2022PLANNING CURRENT PROJECT LOG_4.1.2022
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Packet Pg. 117 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Current Project Log 3
8/30/2021 HP 21-12 (21080029)
Club Drive, north of Santa
Teresa Drive
Habitat Plan Permit for the McCutchin Creek, Palomino I and II,
and future Glen Loma Ranch area
7/30/2021 USA 21-01 (21070038)South Gilroy, see APNs USA Amendment (south Gilroy)
7/29/2021 AS 21-13, TM 21-02 6970 Camino Arroyo
Five lot development in Gilroy Crossings PUD Phase 2 for
restaurant, gas station, two hotels and future industrial/medical
use.
7/22/2021 TM 21-03 (21070015); 305 Gurries Drive Construct four new two-story townhouses
7/8/2021 MM 21-07 (21060028)2140 Hollyhock LN Riparian setback encroachment CEQA
7/8/2021
CUP 21-02 (21050024)/ AS 21-
10 (21050022)8605 Murray Ave.
Request to establish a dog boarding facility and caretaker unit
in the Murray-Las Animas overlay district.
1/1/2021 GP 22-01 Citywide Housing Element 2023-2031
1/1/2021 M 20-05 Citywide SB 330 Compliance Checklist
1/1/2021 M 21-03 Citywide 2021 General Plan and Housing Progress Report (Due 4-1-22)
1/1/2021 M 21-06 Citywide Parklet policy
11/16/2020 AS20-23; M 20-12 (20070016)8000 Camino Arroyo Data Center
9/29/2020 AS 20-18 (20100002)
Santa Teresa & West of Miller
neighborhood
9/29/2020 AS 20-19 (20100003)
GLR Specific Plan; Northeast of
Santa Teresa & West of Miller
Architectural & Site review for the 34-unit multi-family Rocky
Knoll neighborhood.
9/29/2020
TM 20-05 (20090053) / AS 20-
18 (20100002) / AS 20-19
(20100003)
GLR Specific Plan; Northeast of
Santa Teresa & West of Miller
p p p y
Creek, Rocky Knoll, and Malvasia neighorhoods. Totals 40
single-family units and 74 townhouse units. Includes
Architectural & Site review for the 40-unit multi-family Malvasia
neighborhood and and 34-unit multi-family Rocky Knoll
03/01/20 M 19-23 Citywide Mills Act Program - Ordinance, site visits, annual reports
01/21/20
AS 20-02 (20010012)
TM 20-01 (20010014) 395 Lewis Street Proposed four lot subdivision and residences
09/24/19 M 19-10 Glen Loma Ranch Specific Plan
Traffic study for Tenth Street Bridge Construction/Modification
to consider elimination of bridge requirement
G:\COMDEV\PLANNING\Applications\_APPLICATION LOGS\PLANNING CURRENT PROJECT LOG_4.1.2022PLANNING CURRENT PROJECT LOG_4.1.2022
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Packet Pg. 118 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Current Project Log 4
08/02/18 M 18-18 (#18080001)Citywide Special Events Permit/Temporary Use Permit Policy
06/27/18 M 21-10 Citywide Historical Resource Inventory (additions, removals)
05/04/18
AS 18-09 (18050017)
Z 18-04 (18050018)Automall Pkwy. Zoning Amendment - Sign Ordinance -Electronic Billboard
09/04/16 Z 17-02 (#17030053)North of Santa Teresa Blvd Glen Loma Ranch Specific Plan update
08/25/16 AS 16-33 (#16080044)W. Luchessa and Miller Ave.New Glen Loma Ranch Fire Station
12/02/15
GPA 15-02 (#15120002),
Z 15-12 (#15120004)Downtown
High Speed Rail Station Area Plan - Reactivation of contract w
HSRA to prepare an updated plan is pending preparation by
Dec 2022
9/28/2015
Z 15-03 ( includes Z 20-02
(20060030), Z 15-16
(#15120033)Citywide
Comprehensive Zoning Ordinance Update & Admin Draft
Zoning Map (Concurrent w GP 2040 GPA 13-02 Project),
including bicycle parking standards, RDO & Admin hearing
process amendments
11/26/12
A 12-01 (#12110049)
Z 12-09 (#12110052)Vickery & Kern Avenues Annexation of 5.46 acres and prezone to Neighborhood District
7/17/12
USA 14-02 (#14070058),
USA 12-01 (#12070023)Vickery & Kern Avenues
Urban Service Area amendment to incorporate of 55.66+/-
acres into Gilroy’s Urban Service Area (USA)
G:\COMDEV\PLANNING\Applications\_APPLICATION LOGS\PLANNING CURRENT PROJECT LOG_4.1.2022PLANNING CURRENT PROJECT LOG_4.1.2022
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Packet Pg. 119 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 5
APPROVED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
City of Gilroy Planning Division - APPROVED PROJECTS
Dated:5/27/2022
APPROVED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
4/11/2022 AS 22-05 (22020036)7221 Eagle Ridge Drive New 2,419 SF single family home
4/11/2022 AS 22-04 (22020035)7201 Eagle Ridge Drive New 3,776 SF single family home
4/7/2022 CUP 22-01 (22020025)211 1st Street CUP for alcohol sales at El Rancho Foods
3/9/2022 AS 21-21 (21100031)7251 Camino Arroyo
New wireless cellular antenna facility on an existing
PGE tower
12/22/2021 AS 21-25 (21120023)NE corner of 7th and Eigleberry
New 138-stall surface parking lot (municipal parking)
and removal of existing demonstration garden
11/12/2021 AS 21-22 (21110023)8971 Tea Tree Way Hillside single family residence (SFR)
11/3/2021 AS 21-18 (21090018)7511 Carmel St.Addition to an Historic site
11/1/2021 TUP 21-06 (21090048)7300 Monterey Road Camino Coffee Temporary Use Permit (See AS 19-16)
10/6/2021 TUP 21-08 (21090059)1505 Hurka Way TUP for GLR Model Home
10/4/2021
AS 20-14 (20070017), TM
20-03 (20070020), Z 20-04
(20070021)
450 9th Street, at the northeast
corner of Tenth and Chestnut
Streets
Chestnut Center carwash, three drive through
restaurants, convenience store, gas station and 100+
room hotel on 6.9 acres
10/1/2021 TUP 21-07 (21090058)6361 Paysar Lane TUP for GLR Model Home
9/21/2021 AS 21-11 (21060004)2354 Banyan Ct New Hillside residence
Description: This log contains major planning projects approved but not implemented (e.g., pending issuance of building permits,
construction or occupancy). This information is maintained for tracking, CEQA and traffic modeling. Most planning approvals initially are
valid for 1 year (2 years for subdivisions), and shall expire if not implemented or granted an extension. Contact the planning division at
PlanningDivision@CityofGilroy.org or call (408) 8 46-0440 if you have any questions regarding this information. NOTE: Gilroy City
Council extended projects set to expire during the COVID SIP period to May 31, 2021 and the state further granted an 18-month
extension for residential projects in effect prior to March 4, 2020 and set to expire prior to December 31, 2021 (Government Code,
Section 65914.5). Thus, all residential project approvals due to expire May 31, 2021 were extended to November 30, 2022.
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Packet Pg. 120 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 6
9/17/2021
AS 20-20 (20090052) / TM
20-06 (20090050) / Z 20-
06(20090049)9130 & 9160 Kern Avenue
Cottages at Kern 29-lot residential planned unit
subdivision on 3.61 acres by DR Horton
8/31/2021 AS 21-16 (21080028)8815 Forest Street
Ice cream storage and distribution faciliity consisting of
cold storage, office area annd docking area
8/27/2021
AS 21-15 (See also AS 18-
03 (#18010024), Z 18-01,
TM 18-01)Hecker Pass and Autumn Way
Hoey North 72 unit residential planned development on
22.44 acres site on the north side of Hecker Pass
Highway
8/19/2021 AS 21-09 7811 Miller Ave Backyard Cabana
6/28/2021 AS 21-06 (21040021)2031 Portmarnock Way New 3,649 sf single family residence in the hillside
6/23/2021 AS 21-04 (321030026)9145 Tea Tree Wy New 5,931sf single family residence in the hillside
6/21/2021 TM 20-08 6605 Chestnut
Subdviding one 9-acre lot into three 3-acre commercial
lots
6/16/2021 AS 21-12 (21060013)7231 Eagle Ridge Dr
One-story single family residence with basement;
includes 5,975 GSF of living space & 2,315 GSF of
garage space.
5/24/2021 AS 20-15 (20090030)5935 & 5975 Rossi
New Industrial building to expand existing Silva
Sausage operation.
5/24/2021 AS 21-08 (21040057)2030 Portmarnock Way New 4,398 sf single family residence in the hillside
5/22/2021 VMD 21-01 (21040031)565 Rossi Court New metal picket fence with gate
4/14/2021 AS 21-05 (21040017)2331 Hoya Lane
New 3,785 sf single family residence in the hillside.
Permit 21100011 submitted 10/4/21
4/8/2021 AS 20-17 (20090039)305 Gurries Gurries two new duet units and two ADU's
3/17/2021 AS 21-03 8340 Wintergreen Court Construction of new 3,830 sf single family residence
3/12/2021
AS 20-10 (20060031) / Z 20-
03 (20060030)1520 Hecker Pass Highway
Jemcor Developmetn 100 affordable units SW corner
Hecker Pass @ S. Teresa
3/9/2021 TUP 21-03 KB Home TUP for Malvasia Model Home Complex
3/9/2021 TUP 21-04 KB Home TUP for Nebbiolo Model Home Complex
3/9/2021 TUP 21-05 KB Home TUP for Town Center Model Home Complex
2/2/2021 AS 21-01 (#21020005)8805 Forest
New 11,868 sf Industrial Shell Building in the industrial
M1-MA Overlay
1/5/2021 ZC 21-01 (2101001 6700 Bram Lane Replace 6 antennas and add 3
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Packet Pg. 121 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 7
12/3/2020 TM 20-02, HP 21-01 301 & 303 E Tenth St
Lot Split 303 E Tenth for O'Reilly Building, new 7ksf
autoparts store (See also AS 19-14)
9/21/2020 AS 20-16 (20090034)7121 Monterey
New Canopy, repainting of primary building, and re-
striping of parking lot.-Mariscos Permit 21010058.
Extension to 9/3/21 Updated applied 1/19/21
07/29/20
AS 19-17 TM 19-01 (See
Also Z 19-03)95 Farrell Avenue
Subdividing single 43,592 SF lot into 4 single family
lots. 3 will be 6,694 SF parcels and one will be a
15,710 flag parcel.
07/17/20 AS 20-04 (20020013)7533, 7530, 7539 Monterey
Retro-fitting of historic URM building. Proposal for
mixed-use building with (3) restaurants and (3)
residential units. Extension request anticipated July
2021
2/18/2020 AS 20-05 (20020025)2202 Columbine
New 5,574 square foot home with a 720 square foot
attached garage. Applied for BP 6/21/21
12/31/19 AS 19-27 (19120038)7880 Monterey
Demolition of Fosters and the construction of a new
dentist office in the downtown expansion district.- SEE
MM 21-06 (21060007) Amended Approval
11/27/19
AS 19-23 (19110032) CUP
19-01 (19110033)7797 Monterey
house in a historic home. Conditional Use Permit for a
beer garden and brew house in a historic home.
09/04/19 AS 19-16 (19090002)7300 Monterey
Convert gas station to 40 seat coffee shop (indoor and
outdoor seating area)
06/28/19
AS 19-14 (19060034)
VMD 19-01 E 10th Street
O'Reilly Auto Parts 7,000 sf store with reduced street
sideyard setback along Chestnut Street. (See Also TM
20-02, HP 21-01)
06/24/19 MM 19-08 (#19060027)Obata Way
Extension of approval AS17-23 (expires 7/20/20) -
New warehouse for steel construction company
03/20/19 AS 19-07 (1903038)7888 Monterey
Mixed use 3-story bld. 2 commercial "live/work" units +
10 residential units, ground level parking
03/05/19 AS 19-05 (190030013)Winter Green Court Single Family Hillside Home
11/05/18 TM 16-02 (#16050031)Thomas Lane TM for subdividing 14 single-family residential lots.
10/09/18
AS 18-26 (18100023)
CUP 18-05 (#18100024)Monterey
Building and site improvements for Sumano's
commercial bakery
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Packet Pg. 122 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 8
09/06/18 AS 18-20 (#18090005)
Southeast corner of Santa Teresa
Blvd and 1st St Architectural modification for 202 townhome units
06/18/18 AS 13-35 & TM 13-11 Santa Teresa Blvd and First St
202 Unit Townhouse Development - Time Extension
No 2 (CC Reso 2018-21)
10/25/17 AS 17-34 2282 Gunnera Single-Family Hillside Home - Expires 11/30/22
01/26/17 AS 17-02 (#17010029)2475 Hecker Pass Commercial and residential mixed use in HPSD
12/21/16 TM 16-01 Glen Loma Ranch
Subdivision for 59 SFR Lots (McCutchin and
Palomino)
08/09/16 AS 16-29 8745 Wild Iris Drive New Hillside residence 17060132
5/4/2022 AS 21-20 (21100021)
Cameron Boulevard and Venture
Way
Business Park industrial buildings on 20 acre site.
NOD mailed 5/4/22
9/13/2021 TM 21-05 (21090019)
Club Drive, north of Santa Teresa
Drive
Tentative Map for GLR Palomino II subdivision to
create four single-family lots
5/13/2022 AS 22-10 (22030035)8820 San Ysidro Avenue
Remodel of existing building including restrooms,
showroom, office, and exteriors
8.A
Packet Pg. 123 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 9
ISSUED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
City of Gilroy Planning Division - UNDER CONSTRUCTION
Dated:5/27/2022
ISSUED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
10/08/21 AS 19-22 Foxglove Court Single-family hillside home
09/30/21 AS 18-34 (#18110037)9025 Mimosa Court Single Family Hillside Home
09/01/21 AS 18-19 (#18080070)1st Street
New 4,016 s.f. commercial building with drive-through
BP 19050180 - BP 19090134 90 day extension
requested (7/2021)
06/29/21 AS 18-22 (#18090026)Foxglove Court Single-Family Hillside Home
06/25/21 AS 19-15 9005 Mimosa Court
New single story 3,145 square foot hillside home with
709 square foot garage. 19120102 issued 6/25/21
6/24/2021 AS 20-07 (20050016) 6805Silacci Way
New Office / Warehouse buildings. Reference M 20-01
for DRG pre-application file.
05/26/21 AS 19-06 (19030026)1975 Saffron Court Single Family Hillside Home
5/14/21 AS 20-01 6585 Eagle Ridge Court
Construct a new 5 bed, 5.5 bath, 2 story, 4312 sq. ft.
single family residence, with attached 3 car accessory
garage.
Description: Major planning projects permitted for construction (e.g., building permits issued and pending construction or
occupancy). This information is maintained for tracking, CEQA and traffic modeling. Most planning approvals initially are valid for
1 year (2 years for subdivisions), and shall expire if not implemented or granted an extension. Contact the planning division at
PlanningDivision@CityofGilroy.org or call (408) 8 46-0440 if you have any questions regarding this information.
8.A
Packet Pg. 124 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 10
2/4/2021
AS 20-09 (20050041) /
CUP 20-01 (20050042)8900 Murray
Murray self storage facility expansion with addition of
new two-story building.
01/11/21 AS 19-26 (19120012)1870 Carob Court
New 4,862 sq. ft. hillside residence with 1,349 sq. ft.
lower level garage.
01/06/21
AS 19-12 (19050022)
HP 17-02 (#17070020)
First Street and Kern
Avenue
Jemcor Development four-story 120-unit apartment on
3.4 acre R-4 zoned lot. Permits Issued
11/20/20 AS 19-04 (19030004)7851 Eigleberry Street Adolfo second dwelling; Bldg Permit #19040112
11/17/20 AS 18-21 (#18090018)Wild Iris Drive
Single-Family Hillside Home (Building Permit
#19010165). Grading only issued 19100040
6/25/20 AS 15-37 (#15100042)7320, 7330, 7340 Monterey
Renovation of a downtown URM building. Approved
5/26/17 20010091
04/03/20 AS 20-03 (20010033)1505 Welburn Avenue
Residential hillside home second floor addition applied
5/29/20 20050138
3/15/2020 AS 20-06 (20030015)Monterey
Vines and Pints building façade modifications in DHD
district.
10/17/19 AS 15-34 (#15100018)360-380 Obata Way
Two industrial lots -- construction storage yards.
Grading permit 18030094 issued 10/17/19
04/19/19 AS 19-11 (19040026)8350 Winter Green Court Single Family Hillside Home 21110151 issued 11/30/21
12/19/18 AS 18-35 (18120021)660 Birdsong Street
Addition of 963 sq.ft to existing residence in an R1
PUD
11/07/18 AS 18-32 (#18110014)8950 Mimosa Court Single Family Hillside Home
10/16/18 AS 18-27 (#18100043)Forest Street
New 11,796 Sq.Ft Industrial Building (Building Permit
#19100106)
8.A
Packet Pg. 125 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 11
10/08/18
AS 18-25 (#18100020)
and TM 16-03
(#16080041)Miller Ave. & Santa Teresa
Blanc and Noir (formerly the Grove) neighborhood in
Glen Loma Ranch: 113 single-famiy dwelling units
08/16/18 AS 18-16 (#18080044)Syrah Court
Burgundy (Formerly Home Ranch) Neighborhood in
Glen Loma Ranch: 52 single-family detached homes
08/16/18 AS 18-17 (#18080045)
S of Solorsano Middle
School; E of Santa Teresa
Margaux (Formerly Montonico) Neighborhood in Glen
Loma Ranch: 84 single-family detached homes
08/09/18 AS 18-14 (#18080026)Merlot Drive
Provence (Formerly Wild Chestnut) Neighborhood in
Glen Loma Ranch: 43 single-family detached homes
03/07/18 AS 17-18 Gurries New 2,846 sf duplex on R3 zone parcel. 21090041
02/01/18 AS 18-05 (#18020002)
E of Miller btwn Santa
Teresa & Luchessa
Glen Loma Ranch private park with trail, dog park, and
other amentities.
01/17/18 AS 18-04 8955 Mimosa Ct.New 4,418 sf Hillside home. 18030142 issued 3/5/19
12/15/17 AS 17-37 (#17120021)Santa Teresa Blvd New 158-unit apartment project in Glen Loma Ranch
10/25/17 DUP 17-03 (#17100049)7373 Monterey
Lonely Oak Brewery. Permit Issued P18040068
6/26/2018
10/13/17 AS 16-30 7430 Sunningdale Way Hillside residence 16120150 issued 10/13/2017
03/30/17 AS 17-15 (#17030085)6545 Eagle Ridge
Proposed single-family hillside residential
development on 16-lot subdivision in Eagle Ridge;
Permit 18110019, 26, 27 and 29 issued for retaining
wall, temporary power and fire sprinkler 9/6/2018
03/21/17 AS 17-13 (#17030062)1820 Carob Court
Single-Family Hillside Home. Permits18040085 &
19030092 issued for ADU 3/13/2019
09/04/16
AS 17-12 (#17030051)
TM 17-01 (#17030052)North of Santa Teresa Blvd
Tentative Maps for Glen Loma Ranch Town Center
Multi-Family Area 125-unit townhomes
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Packet Pg. 126 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 12
12/21/2020 A/S 20-24 (20110003)
GLR Specific Plan;
Northeast of Santa Teresa
& West of Miller
Architectural and Site Review for 171 lots in the Glen
Loma Ranch Malvasia, Nebbiolo an The Glen
neighborhodds
8/26/2018 TM 18-01 and AS 18-03 Hecker Pass/Autumn Drive Hecker Pass North Cluster
06/11/18 TM 18-02 (#18060015)
North of Santa Teresa, east
of Syrah Dr, and west of
Miller Ave.
Subdivision of three Glen Loma Ranch neighborhoods;
Nebbiolo – 103 residential lots, Malvasia – 46 compact
residential lots and The Glen – 23 residential lots.
01/25/18 TM 13-03 (#13040049)
SW of Santa Teresa, S of
Ballybunion/S.Teresa
TM 13-03 Time Extension for Kroeger Subdivision: Six
SFR lots, three open space parcels, and a private
street
12/14/17 AS 17-37 (#17120021)
Glen Loma Ranch Town
Center BMR Site BMR Apartments Affordable housing policy exception
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Packet Pg. 127 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Completed Development Log 13
FINISHED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
City of Gilroy Planning Division - COMPLETED/EXPIRED
Dated:5/27/2022
FINISHED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
01/05/22 MM 19-17 (BP#19010082)8797 Monterey
Alpine Landscapes relocation from Murray Ave area to
existing vacant commercial/light industrial building and
site.
01/05/22 AS 18-10 (#18050024)1981 Lavender Way New 3,715 sq. ft. Single-Family Hillside Home
10/25/21 TUP 21-10 (21100039)500 Automall Drive Tesla Temporary office trailer for use during construction
10/12/2021 TUP 21-09 7151 Camino Arroyo Lowe's TUP for Christmas Trees
07/16/21 AS 17-19 (#17040037)8735 Wild Iris Drive
Single-Family Hillside Home. P18030015 Issued
10/11/18
07/13/21 AS 19-10 (#19040011)6455 Automall Pkwy.
Filtrexx new 3,250 sq. ft. freestanding metal canopy.
Building Permit #19080090
07/01/21 AS 16-25 (#16060050)Silacci Way
New 91,045 SF for contractor truck parking and
equipment yard. Build Permit 19020025 applied 2/5/19 -
EXPIRED IN PLAN CHECK 7/1/2021
07/01/21 AS 14-38 Eagle Ridge
Hillside residence (Bldg Permit 17050137) - EXPIRED IN
PLAN CHECK 7/1/2021
05/13/21
CUP 21-01 (also TUP 21-
01)681 Leavesly Outlets Farmers Market @ Outlets parking lot
05/08/21 AS 17-09 9010 Tea Tree Way New 4,000 sf Hillside residence
Description: This list covers activities and development that have been completed within the past two years (e.g., built, expired or
completed). Projects will be removed once they are and accounted for in the City Traffic Model (i.e. occupied or expired for at least 1
year). Contact staff at PlanningDivision@CityofGilroy.org or call (408) 846-0440 if you have any questions regarding this information.
8.A
Packet Pg. 128 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Completed Development Log 14
4/21/2021
AS 21-07 (21040029) -
Withrdrawn 7273 Eigleberry
Multi-family four new units attached to existing house.
Withdrawn. Pursuing ADUs Only
03/05/21 AS 15-38 2241 Columbine Hillside residence
02/17/21 AS 17-11 2185 Hollyhock New 4,878 sf Hillside residence
01/25/21 AS 17-16 (#17040001)Hollyhock Lane Single-Family Hillside Home. Building Permit 18040102
01/13/21 AS 16-39 1980 Lavender Way Hillside residence
1/7/2021
AS 16-19 (#16080053)
Z 17-03 (#16080006)8955 Monterey
78-unit apartment complex with 9 lower income units and
4,600 sf commercial space. Extension to 1/7/21 MM20-
13 EXPIRED
07/29/20
AS 17-25 (#17070046)
Z18-05 (18080018)
1405 1st Street and Kelton
Avenue
New 12,000 sf commercial center in C3 PUD.
P18120128,29,30 etc
07/15/20 AS 17-05 2242 Columbine New 5,027sf Hillside Residence
6/29/2020 AS 20-11 (20060035)Monterey Alpine Landscaping Remodel of Existing Site
04/02/20 AS 19-09 (19040007)2281 Banyan Court Single Family Hillside Home. EXPIRED
11/05/19 AS 16-26 2261 Mantelli Drive Hillside residence with an ADU
03/07/19 AS 18-29 (#18100050)Banyon Street
Single Family Hillside Home. Permit 19030021
submitted. EXPIRED IN PLAN CHECK
12/19/18 AS 17-35 (#17100050)Strawberry Lane
Hillside Home (Bldg Permit #19060072) - EXPIRED IN
PLAN CHECK
11/13/18 AS 17-04 205 Mayock Road
Addition of 10,000 sf to industrial building. Building
Permit 17080178
11/23/2021 CUP 21-03 6945 Monterey Road #B1 CUP for offsite alcohol sales for Milos market
1/12/2016 AS 14-39 (#14100010)1645 Anson
Subdivision for 6 single-family homes and an 8,600 SF
common open space area - 2 homes remain active
applied status; Permits 16010039, 16030202
10/23/2020
AS 20-21 (20100021), CUP
20-02 (20100022), TM 20-
07 (20100023), Z 20-07
(20100024)Camino Arroyo
Distribution facility project proposing development of 59-
acres in the C3/M2 PUD with three parcels for two
industrial buildings totaling 407,580 square feet and one
5-acre commercial lot. Project is on hold until March
2022. Application Withdrawn 3/9/22
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Packet Pg. 129 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)
Planning Completed Development Log 15
4/7/2022 M 22-04 (22030008)171 Ronan Ave
DRG for GPA and rezoning for construction of 6 units
and an ADU
6/23/2021 M 21-15 (21060025)No Address Holloway Rd. DRG pre-application to develop vacant industrial lot
10/5/2021 M 21-25 (21100010)108 Chickadee Lane
DRG for mixed-use development with 2,942 GSF of retail
and 12 apartment units
2/17/2022 M 22-03 (22020033)221 Yamane Drive
DRG for industrial shell building(s) proposed as two
alternatives
3/23/2022 M 22-05 (22030050)1000 Gilman Avenue DRG for self storage with RV parking
8.A
Packet Pg. 130 Communication: Planning Current Projects Log (INFORMATIONAL ITEMS)