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Resolution No. 2023-54 | Approving TM 22-03 | Adopted 09/11/2023
RESOLUTION 2023-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A TENTATIVE MAP TO SUBDIVIDE A
0.87-ACRE SITE INTO THREE PARCELS, LOCATED AT
7040 CHURCH STREET, APN: 799-11-068 (FILE NUMBER
TM 22-03)
WHEREAS, On May 18, 2022, an application was filed by Amanda Musy-Verdel
proposing subdivision of a 0.87-acre site into three lots, located at 7040 Church Street
within the City of Gilroy R-2 Two-Family Residential zoning district; and
WHEREAS, the application submittal was deemed complete on June 12, 2023;
and
WHEREAS, an updated Department of Parks and Recreation (DPR) form was
completed by Dudek Architectural Historians on May 8, 2023, and determined the
proposed subdivision would not cause a substantial adverse change in the significance
of a historical resource; and
WHEREAS, the proposed subdivision qualifies as exempt from further
environmental review and qualifies for the State CEQA Guidelines section 15315 (Class
15, Minor Land Divisions), because the proposed subdivision results in less than four
parcels, is in conformance with the City’s General Plan and Zoning, seeks no exceptions
or variances, and all services and access to the resulting parcels are available; and
WHEREAS, the tentative map was referred to various public utility companies and
City departments, including the Technical Advisory Committee for their review and
recommendations to ensure compliance with applicable service and development
requirements; and
WHEREAS, on August 3, 2023, the Planning Commission held a duly noticed
public meeting 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 22-03 and voted unanimously to recommend approval of the project;
and
WHEREAS, the City may deny a tentative map only if, based upon substantial
evidence in the record, it makes one or more of the seven listed findings for denial
prescribed by Government Code Section 66474. Staff ha s reviewed the findings and
concluded that project denial based on these findings would not be supported, and
alternatively, that each of the seven findings may be made to support approval of the
project; and
WHEREAS, on September 11, 2023, the City Council held a duly noticed public
meeting at which time the Council received and considered the staff report as well as all
evidence received including written and oral public testimony related to the project TM
22-03; and
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 2 of 30
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 City Council of the City of Gilroy
hereby find as follows:
FINDINGS
1. The proposed subdivision TM 22-03 is not consistent with applicable general and
specific plans as specified in 65451.
This Finding cannot be made. The proposed subdivision TM 22-03 is consistent
with the intent of the goals and policies of the City's General Plan and the
residential density and uses anticipated within the General Plan Low Density
Residential land use designation.
2. That the design or improvement of the proposed subdivision TM 22-03 is not
consistent with applicable general and specific plans.
This Finding cannot be made. The design or improvement of the proposed
subdivision TM 22-03 is consistent with the applicable general plan given that the
parcel split does not involve any changes to existing land uses, and the lot size,
shape and location complies with the 2040 General Plan Low Density Residential
land use designation.
3. That the site is not physically suitable for the type of development.
This Finding cannot be made. The site is physically suitable for the type of
development given that the property is already developed with a residential use
in compliance with all codes and standards, does not have unique physical
constraints, the size and geometry of the property comply with all applicable
codes and ordinances, and there are no exceptions requested or proposed to the
site development standards.
4. That the site is not physically suitable for the proposed density of development.
This Finding cannot be made The site is physically suitable for the proposed
density of development, given that the resulting lots would accommodate the
existing single family home and water tank building, a single-family home or
duplex on each of the remaining lots, and parking required for the sites after
subdivision, consistent with the City Zoning Ordinance and the 2040 General
Plan Low Density Residential land use designation.
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 3 of 30
5. That the design of the proposed subdivision TM 22-03 or the proposed
improvements are likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat.
This Finding cannot be made The design of the proposed subdivision TM 22-03
or the proposed improvements will not cause substantial environmental damage
or injure fish or wildlife or their habitat because the site is located within a
developed urban context and is not in or adjacent to any sensitive habitat areas.
6. That the design of the subdivision or type of improvements is likely to cause
serious public health problems.
This Finding cannot be made. The design of the proposed subdivision TM 22-03
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 proposed subdivision TM 22-03 or the type of
improvements will conflict with easements, acquired by the public at large, for
access through or use of, property within the proposed subdivision. In this
connection, the governing body may approve a map if it finds that alternate
easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This
subsection shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is hereby
granted to a legislative body to determine that the public at large has acquired
easements for access through or use of property within the proposed subdivision.
This Finding cannot be made. The design of the proposed subdivision TM 22-03
will not conflict with access easements because there are no known existing
access easements encumbering this property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
hereby approved the Tentative Map Application No. TM 22 -03, subject to the conditions
attached hereto as Exhibit A.
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 4 of 30
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 11th day of September 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE,
MARQUES, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILTON
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (Sep 12, 2023 13:41 PDT)
Marie Blankley
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 5 of 30
EXHIBIT A
TENTATIVE MAP CONDITIONS OF APPROVAL
7040 CHURCH STREET LOT SPLIT
TM 22-03
PLANNING DIVISION CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT.
1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 22-03 is granted
to subdivide 0.87 acres into three (3) residential parcels, located at 7040 Church
Street located on Assessor Parcel No. 799-11-068 as shown on Project Plans dated
and received by the Planning Division on July 6, 2023, prepared by Hanna-Brunetti,
dated June 2023, and consisting of 2 sheets.
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 or owner fails to comply with any
of the conditions of this permit, the Developer or owner 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 or owner.
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.
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.
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 6 of 30
4. TENTATIVE MAP: An approved tentative map or vesting tentative map shall expire
twenty-four (24) months from the approval date and may be extended pursuant to the
provisions of the Map Act if the final map is not approved prior to expiration.
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.
5. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the
time of first improvement plan submittal, the applicant shall submit a $10,000.00
(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).
6. 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 civil project plans including,
but not limited to, site plans, grading plans, utility plans, joint trench, off-site plans,
lighting (photometric) plans, and landscaping plans within the public right-of-way.
The plan shall clearly identify both public and private utilities. The improvement
plans shall be submitted with the Public Works Engineering submittal checklist
provided by the City, and available on the City website.
In addition:
a. A complete set of improvement plans shall consist of Civil site design,
landscape site design, Electrical, Joint Trench. Any walls or structural
features part of the landscape design shall also be included;
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 7 of 30
b. Improvement plans are required for both on-site and off-site improvements.
A separate plan set for each shall be prepared, or at the approval of the City
Engineer, onsite and offsite sheets can be combined into one plan set;
c. The improvement plan submittal, including utility sheets, shall show
appropriate line types and labels to identify different type of utilities and pipe
sizes. Utility boxes, hydrants, backflow preventers, etc. shall be
relocated/installed behind the back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved
Conditions of Approval;
e. Improvement plans shall include General Notes found in the City of Gilroy
General Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering
submittal checklist, which can be found in the City’s website. At first
submittal, a completed checklist shall be included in the submittal package,
and shall show which items have been included.
g. The improvement plan cover sheet shall include a table summariz ing all
facilities (Streets, Utilities, Parks, Landscaping, etc.), showing the ownership
of all facilities, access rights to, and the maintenance responsibilities of all
facilities;
h. Improvement and grading plans shall show existing topo and features at
least 50’ beyond the project boundary. The plan shall clearly show existing
topo, label contour elevations, drainage patterns, flow lines, slopes, and all
other property encumbrances;
i. If the project has excess fill or cut that will be off-hauled to a site or on-
hauled from a site within the city limits of Gilroy, an additional Haul Permit is
required. A statement indicating the need to obtain a Haul Permit must be
added as a general note to the Grading and Drainage Plan;
j. All grading and improvement plans shall identify the vertical elevation
datum, date of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An
existing site plan shall be submitted showing all existing site conditions and
title report easements. The plan shall include bearing and distance
information for all right-of-way and easements;
l. The plan shall show any proposed easements to be dedicated for any
needed purpose, or any easement expected to be abandoned through
separate instrument. This includes PUE, PSE, EVAE, Cross-Property
Access Easement, Landscape Easement, Drainage Easement, Pole Line
Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts between
disciplines, the applicant shall provide a “composite exhibit” showing Civil,
Landscape, Electrical, and Joint Trench design information (as a separate
sheet titled “Composite Plan”) to confirm that there are no conflicts;
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 8 of 30
n. All Solid Waste Vehicle circulation movements shall be modeled and shown
on a separate plan sheet. The circulation plan shall be prepared to the City
Engineer’s satisfaction, and modeled using AutoTurn swept analysis
software, and shall include all turning and street circulation movements;
o. All Emergency Vehicle circulation movements shall be modeled and sho wn
on a separate plan sheet. The circulation plan shall be prepared to the City
Engineer’s satisfaction, and modeled using AutoTurn swept analysis
software, and shall include all turning and street circulation movements;
p. All utility boxes exposed to traffic or in a driveway, including sanitary sewer
and/or water meter boxes, shall have traffic-rated boxes and lids;
q. All on-site recycled water system improvements, including appurtenances,
shall be located within a PSE. (PUBLIC WORKS)
7. 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)
8. 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
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 9 of 30
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)
9. 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)
10. 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)
11. STORMWATER TREATMENT: This project is subject to stormwater design
considering full project boundary shown on the tentative map. Collectively or
individually, all lots will perform stormwater calculations and mitigate for stormwater
impacts. (PUBLIC WORKS)
12. WATER 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)
13. DEVELOPER STORM WATER 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)
14. 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:
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 10 of 30
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)
15. 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)
16. 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)
17. 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)
18. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer,
Water, Traffic, and Public Facilities Development Impact and Stormwater
Management Fees. The City’s latest impact fee schedule is available on the City’s
website. Payment of all Impact and Stormwater Management 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)
19. 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
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 11 of 30
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)
20. STORMWATER CONTROL PLAN: At first improvement plan submittal, the
applicant shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11
report format), to include background, summary, and explanation of all aspects of
stormwater management. The report shall also include exhibits, tables,
calculations, and all technical information supporting facts, including but not limited
to, exhibit of the proposed site conditions, which clearly deline ates impervious and
pervious areas on site. The plan shall provide a separate hatch or shading for
landscaping/pervious areas on-site including those areas that are not bio-retention
areas. This stormwater control plan report format does not replace, or i s not in-lieu
of any stormwater control plan sheet in the improvement plans. The stormwater
control plan shall include a signed Performance Requirement Certifications
specified in the Stormwater Guidance Manual. At applicant’s sole expense, the
stormwater control plan shall be submitted for review by an independent third party
accepted by the City for compliance. Result of the peer review shall be submittal
and approved by the City Engineer prior to the issuance of the first building permit.
(PUBLIC WORKS)
21. 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)
22. 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)
23. 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
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 12 of 30
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)
24. 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 fi nal.
This statement must be added as a general note to the Grading and Drainage
Plan. (PUBLIC WORKS)
25. TREE REMOVAL PERMIT: The applicant shall obtain a Tree Removal Permit from
the Engineering Division for removal of existing trees in the public right-of-way,
prior to the issuance of a building permit or demolition building permit, whichever is
issued first. (PUBLIC WORKS)
26. 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
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 13 of 30
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. 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.
c. SIDEWALK: The applicant shall replace to existing City standards all
sidewalk surrounding the project site. Sidewalk replacement shall be
constructed per the City Standard Drawings.
d. CURB RAMP(S): The applicant shall remove and replace the curb ramps at
corner along the project frontage in accordance with the latest Caltrans
State Standard Drawing. The ramp "Case" shall be identified on the plans
and shall be to the approval of the City Engineer.
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 14 of 30
e. CURB AND GUTTER: The applicant shall replace to existing City standards
all damaged and non-standard curb and gutter surrounding the project site.
Add the following note to the plans: “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 is to remove the existing
driveway approaches that are not to current City Standard. The applicant
shall install City Standard Residential driveway approaches for each parcel
shown on the approved plans. This includes all driveway approaches
identified as “Future Driveway”.
g. SEWER LATERAL: The applicant shall install a sewer lateral and main line
connection to the existing sewer main located in adjacent property along the
rear property line per City Standard. The sewer lateral shall be sized in
accordance with the currently adopted Plumbing Code. A clean-out shall be
installed on the lateral within 10 feet of the sewer main. Connection to the
main will be with a sewer manhole per City Standard. The applicant is
advised that the City does not maintain private laterals in rear and side
yards.
h. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out at
the property line in accordance with the City Standard Drawing SWR-6.
i. STORM WATER CATCH BASIN(S): The applicant shall install standard
storm water catch basins, in accordance with the City Standard Drawing,
specifications and general guidelines.
j. SIDEWALK UNDERDRAIN(S): The applicant shall install standard sidewalk
underdrains in accordance with the City Standard Drawing STR-19.
k. STREET LIGHT(S): Pending the results of the provided off-site photometric
analysis, the applicant shall provide and install standard aluminum electrolier
street light(s) per City Standard Drawing EL-1 to EL-5. The applicant is
responsible for all PG&E service fees and hook-up charges. Any new service
point connection required to power the new lights shall be shown on the
construction drawings along with the conduit, pull boxes and other items
necessary to install the street lights. An Isometric lighting level needs to be
provided by the designer/contractor. A separate light study may be required
by the City Engineer. The new street light shall have 32’ mounting height per
Standard Drawing EL-3, with mounting arm length per Standard Drawing EL-
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 15 of 30
4, the Fixture shall be Leotek GC1 or GC2 series in an approved configuration
per detail EL-2 or approved equal.
l. FIRE HYDRANTS: The applicant shall install new fire hydrants along the
project frontage. Spacing shall meet City and Fire Marshall requirements.
27. 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)
28. STREET CUT MORATORIUM: 10th Street is part of the Street Cut Moratorium.
The project is making new pavement cuts on the newly resurfaced 10th Street
which reduces the City Pavement Condition Index. The project shall Grind and
pave the entire width of 10th Street (Lip of Gutter to Lip of Gutter) along project
frontage with a minimum 2.5” hot mix AC, and with pavement section dig -outs and
repairs. Extend of the dig-outs and repairs to be determined by the Developers
Geotechnical Engineer and to the satisfaction of the City Engineer. (PUBLIC
WORKS)
29. 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 w hichever
permit is issued first. Any subsequent building permits that include any site lighting
shall also meet these requirements. (PUBLIC WORKS)
30. 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:
• Arterial Streets, 1.0fc average, 3/1 average to minimum uniformity, .34fc minimum
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 16 of 30
• Collector Streets, .60fc average, 4/1 average to minimum uniformity, .15fc
minimum
• Local streets, .40fc average, 6/1 average to minimum uniformity, .07fc minimum
• High volume intersection, 1.1fc average, 3.1 average to minimum uniformity, .40fc
minimum
• Low volume intersection, .70fc average, 4/1 average to minimum uniformity, .18fc
minimum
The applicant shall submit a photometric plan identifying how these lighting levels
are being met given the site geometrics, using the City Standard street lights, and a
Type III lighting distribution. The width of the street shall, and lighting levels shall
determine the lighting spacing. Street lights and pull boxes shall be installed in the
planter strip if one is present, or behind the back of walk where feasible so as 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)
31. FENCES AND OTHER PERMANENT STRUCTURES: The applicant shall locate
all project fencing and foundation of a permanent nature within the project’s
property and out of the City right-of-way. (PUBLIC WORKS)
32. 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)
33. OVERHEAD UTILITY CLEARANCE: For projects that have overhead utility lines
on-site that travel over new buildings, the applicant shall obtain a letter from the
utility company indicating that there is adequate overhead clearance from the utility
to the proposed building. The letter shall be submitted with the first set of
improvement plans submitted. The plans shall show the existing utility pole, any
necessary proposed pole protection (including overhead clearance warning
identification) and shall be confirmed satisfactory with the utility company. The
letter shall be to the approval of the City Engineer. (PUBLIC WORKS)
34. 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
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 17 of 30
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)
35. 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)
36. 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)
37. 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,
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 18 of 30
building permit, or site development permit and shall be satisfied prior to issuance
of whichever permit is issued first. (PUBLIC WORKS)
38. PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all
applicable permits from federal, state, and local agencies as required to construct
the proposed improvements. The applicant is hereby informed that permits may be
required by one (1) or more of the following: Army Corps of Engineers, UPRR,
Fish and Wildlife, Regional Water Quality Control Board, Santa Clara County
Roads and Airports, Santa Clara Valley Water District or Habitat Permit. If project
is within jurisdiction of any of these agencies, verification of permit or waiver of
permit must be given to the Public Works Department prior to issuance of any
required City permits. If the City is required to be a party to the permit application
and a fee is required, the applicant shall reimburse the City for its cost. A co py of
these permits shall be provided to the satisfaction of the City Engineer prior to the
issuance of the building permit. (PUBLIC WORKS)
39. 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 $1,656.00. 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 first building permit issuance. Note that this fee is assessed based on the
full scope of the tentative map. (PUBLIC WORKS)
40. 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 $281.00. 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 first building permit
issuance. Note that this fee is assessed based on the acreage of Parcels 2 & 3 of
the tentative map. (PUBLIC WORKS)
41. EXISTING PARCEL IMPACT FEES: The existing parcel is proposed to connect to
the City’s public water and sewer facilities. The existing parcel shall pay impact
fees to establish the new connections into the City’s facilities. The estimated Sewer
Impact Fee for the existing residence is $13,262.00. The estimated Water Impact
Fee for the existing residence is $4,556.00. The actual impact fees will be
calculated based 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
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 19 of 30
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.
42. 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 $26,524.00. 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. Note that this fee is assessed
based on the proposed development of Parcels 2 & 3 of the tentativ e map.
(PUBLIC WORKS)
43. 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 $9,112.00. 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. Note that
this fee is assessed based on the proposed development of Parcels 2 & 3 of the
tentative map. (PUBLIC WORKS)
44. 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 $26,024.00. 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. Note that this fee
is assessed based on the proposed development of Parcels 2 & 3 of the tentative
map. (PUBLIC WORKS)
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 20 of 30
45. 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 $45,234.00. 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. Note that this fee
is assessed based on the proposed development of Parcels 2 & 3 of the tentative
map. (PUBLIC WORKS)
46. 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 Span ish. 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)
47. PUBLIC IMPROVEMENTS: All public improvements labeled on the tentative map
plans as “future”, for example the driveway approaches for parcels 2 & 3, shall be
built with the proposed parcel map. At initial improvement plan submittal, the plans
shall be updated to identify all public improvements to build with the improvement
plans. (PUBLIC WORKS)
48. SIGNING AND STRIPING PLAN: Due to the proposed project’s requirement to
remove and replace the existing sidewalk surrounding the project to City Standard,
the project shall remove and replace all street signs along the project frontage. At
initial improvement plan submittal, the plans shall include a signage and striping
plan conveying all restriping and street signs to be installed per City Standard and
CAMUTCD. (PUBLIC WORKS)
49. DRIVEWAY APPROACHES: All driveway approaches shown on the tentative map
shall be installed with these proposed improvement plans. For Parcel 2 the
driveway approach shall match the existing driveway location across the street or
be located 150-ft from the intersection. For Parcel 3, the driveway approach shall
be off of 10th St. Proposed driveway approach off Church St. will not be allowed.
(PUBLIC WORKS)
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 21 of 30
50. SIDEWALK DESIGN: At initial design submittal, the plans and all relative sections
shall be updated to show a City Standard 1.5% cross slope for the proposed
sidewalk along the project frontage. (PUBLIC WORKS)
51. EASEMENT AREA: The easement area past the back of the proposed sidewalk
shall be graded at 1.5% cross slope to end of the easement. Plans shall be
updated to reflect this requirement. (PUBLIC WORKS)
52. EXISTING UTILITIES: The improvement plans shall show shall the existing service
laterals not designated for future use to be abandoned at the main. At initial
improvement plan submittal, the plans shall be updated to reflect this requirement.
(PUBLIC WORKS)
The following conditions shall be met prior to the approval of the FINAL MAP or
PARCEL MAP, or if another deadline is specified in a condition, at that time.
53. DEDICATION OF PUBLIC EASEMENT: Project shall secure 10-ft easement at
existing sewer line at the connection point. (PUBLIC WORKS)
54. DEDICATION OF PRIVATE EASEMENT: Project shall create private sanitary
sewer easements, private stormwater easements as needed for utilities crossing lot
lines. Said easements will grant private utility rights to adjacent private lots as
needed. (PUBLIC WORKS)
55. 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)
56. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a
public improvement agreement with the City per Gov. Code Section 66462(a), and
shall arrange to provide Payment and Performance bonds each for 100% of the
cost of public infrastructure improvements to be constructed in the public right-of-
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 22 of 30
way. These improvements shall include, but not be limited to, roadway
construction, sidewalk, curb and gutter, water lines, storm lines, sewer lines, street
lights, and signal equipment. City Standard insurance shall be provided per the
terms of the agreement. The agreement will be forwarded to the City Council for
approval with project (parcel or final) map. The PIA shall be approved by the City
Council prior to the issuance of the project building permit. (PUBLIC WORKS)
57. MONUMENTS: The applicant shall arrange for the engineer to have all monuments
set per the recorded final map. A certificate letter by the Surveyor or Engineer will
be provided to the City Engineer. (PUBLIC WORKS)
58. ELEVATION CERTIFICATE: (specifically for projects in the flood zone) An
elevation certificate per FEMA requirements must be complete by a Land Surveyor
or Civil Engineer. The elevation certificate shall be submitted, to the approval of
the City Engineer, prior to the first building occupancy. (PUBLIC WORKS)
59. 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 basemap 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)
60. PAVEMENT RESTORATION: Due to construction activities and new utility cuts
along the project frontage the applicant shall grind and overlay the Church St
project frontage with 2-inches of hot mix asphalt concrete with pavement section
dig-out repairs, half road way width (curb to centerline) and micro-surface
treatment along 10th St project frontage with pavement section dig-out repairs half
road way width (curb to centerline). The extent of the pavement section dig-out repairs to be
determined by the developer’s geotechnical engineer and to be confirmed by the City Engineer.
(PUBLIC WORKS)
61. 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:
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 23 of 30
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)
62. 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.
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 24 of 30
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 sha ll 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)
63. 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.
64. 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
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Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 25 of 30
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 that will impact 10th Street and Church St shall be
performed at night time. Nonpublic roadway related work part of the
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
c. be kept free of graffiti at all times. Contact the Public Works Department
to obtain sample City Standard sign outlining hours of operation.
d. 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.
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 26 of 30
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
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.
e. 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
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 27 of 30
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.
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.
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 28 of 30
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.
65. HERITAGE TREE PROTECTION MEASURES: 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)
66. PROJECT CLOSE-OUT: Prior to City acceptance of all tract subdivision and
property improvement agreements, the applicant shall comply with all City
construction close-out procedures to the approval of the City Engineer. Refer to
the City’s website for a copy of these procedure. Prior to final inspections, all
pertinent conditions of approval and all improvements shall be completed to the
satisfaction of the Planning Director and City Engineer. A letter indicating that all
project conditions have been met shall be submitted prior to the first occupancy.
All public improvements, including the complete installation of all improvements
relative to streets, fencing, sanitary sewer, storm drainage, water system,
underground utilities, etc., shall be completed and attested to by the City Engineer
before approval of occupancy of any unit. Where facilities of other agencies are
involved, such installation shall be verified as having been completed and accepted
by those agencies. In addition, the applicant shall submit a detailed project cost
estimate of all public improvements constructed on-site and within the public right-
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 29 of 30
of-way. The cost estimate shall be prepared by the project engineer, and be to the
approval of the City Engineer. The cost estimate shall be broken out into on-site
and off-site improvements based on the format provided by the City.
Until such time as all improvements required are fully completed and accepted by
City, the applicant shall be responsible for the care maintenance of and any
damage to such improvements. City shall not, nor shall any officer or employee
thereof, be liable or responsible for any accident, loss or damage, regardless of
cause, happening or occurring to the work or Improvements required for this
project prior to the completion and acceptance of the work or Improvements. All
such risks shall be the responsibility of, and are hereby assumed by the applicant.
(PUBLIC WORKS)
67. 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)
68. 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)
69. 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)
Resolution No. 2023-54
Approving TM 22-03
City Council Regular Meeting | September 11, 2023
Page 30 of 30
The following conditions shall be complied with AT ALL TIMES that the use permitted
by this entitlement occupies the premises
70. 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 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)
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2023-54 is an original resolution, or true and correct copy of a
city Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of
said held on Council held Monday, September 11, 2023, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this Tuesday, September 12, 2023.
____________________________________
Thai Nam Pham, MMC, CPMC
City Clerk of the City of Gilroy
(Seal)
