Resolution 2009-01RESOLUTION NO. 2009-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S -PUD 06 -31, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT MASTER PLAN FOR A 236 HOME
RESIDENTIAL SUBDIVISION AND 20,000 SQUARE FEET OF
GROUND FLOOR COMMERCIAL/RETAIL ON THREE
SEPARATE PARCELS TOTALING APPROXIMATELY 26.35
ACRES LOCATED ON THE SOUTHWEST CORNER OF
LUCHESSA AVENUE AND MONTEREY ROAD, APNS 808 -21-
008, 009 AND 016.
WHEREAS, Luchessa Road, LLC c/o Michael McDermott) submitted application A/S-
PUD 06 -31, requesting architectural and site approval of a Planned Unit Development Master
Plan to create a 236 -home residential subdivision and approximately 20,000 sq. ft. of ground
floor commercial /retail on three separate parcels totaling approximately 26.35 acres ( "the
Project "), located on the southwest corner of Luchessa Avenue and Monterey Road, APNS 808-
21 -008. 009 and 016; and
WHEREAS, on May 5, 2008 the City Council approved Resolution No. 2008 -19 granting
an Affordable Housing Exemption for this Project; and
WHEREAS, the Planning Commission held duly noticed public hearings on July 31,
September 4 and December 4, 2008, at which time the Planning Commission considered the
public testimony, the staff reports dated July 25, 2008 and November 24, 2008 ( "Staff Reports "),
and all other documentation related to application A/S -PUD 06 -31, and recommended that the
City Council approve said application; and
WHEREAS, the City Council at its duly noticed meetings on September 15, October 6,
and December 15, 2008 considered the public testimony, the Staff Reports, the supplemental
staff report dated December 5, 2008 and all other documentation related to application A/S -PUD
06 -31; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council in November 2005 adopted the Final Subsequent Environmental Impact Report which
was prepared for the Urban Service Area Amendment (USA 04 -02) to facilitate this Project,
finding that it was prepared in compliance with CEQA, reflects the independent judgment of the
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1LLEZOTTE1780947.1 Resolution No. 2009 -01
121808 - 04706089
City and that the 24 mitigation measures and monitoring program will avoid or mitigate the
effects such that this Project will have no significant impact to the environment; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this Project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby adopts the findings based upon substantial evidence in
the entire record as summarized below:
1. The Project has a General Plan Land Use and Zoning designation of
Neighborhood District.
2. The Project as a Master Plan development substantially conforms to the
Gilroy General Plan Land Use and Zoning designation and development
standards of the Neighborhood District.
B. Application A/S -PUD 06 -31 should be and hereby is approved subject to the 73
conditions, as revised, of approval set forth in Exhibit "A" attached hereto and entitled "A/S-
PUD 06 -31 PLANNED UNIT DEVELOPMENT CONDITIONS," and subject to the mitigation
measures set forth in the EIR and the Mitigation Monitoring Program, attached hereto as Exhibit
«B
PASSED AND ADOPTED this 12th day of January, 2009 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, DILLON, TUCKER, and PINHEIRO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
BRACCO, GARTMAN and WOODWARD
NONE
APPROVED:
A ert inheiro, Mayor
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1LLEZOTTE1780947.1 Resolution No. 2009 -01
121808 - 04706089
Planned Unit Development
Oak Creek, PUD 06 -31
Wednesday, January 07, 2009
TO: Tom Haglund, City Administrator
City Council
FR: William Faus, Planning Division Manager
RE: Final conditions of approval for Oak Creek Master Plan, PUD 06 -31
[Conditions 1 through 73 attached]
At their December 15, 2008 meeting, the City Council Approved the Oak Creek
Master Plan through PUD 06 -31 with 73 conditions, amending condition #6 as
follows:
Attached condition #6 should be replaced with the following two conditions:
6. Suburban Propane Property Acquisition and effect on Phase 3
Development: Acquisition of the Suburban Propane Property must occur
prior to the submittal of the final map for land development adjacent to
the SP Property (Attachment 8 - Oak Creek Master Plan Final Map
Phasing Plan, Phase 3).
6A. Suburban Propane Property No Build Alternative: Development of
Phase 3 shall be restricted as set forth in the Site Plan (Addendum 1 - Oak
Creek Master Plan , pages 25, 26 ) which depicts the project assuming the
Suburban Propane Property is not acquired. Additionally, Addendum 1
requires a 100 foot setback from the property line until all propane
storage tanks are removed.
Item VI.A.
AS 06 -31 9/21 11/24/2008
..ro
RECOMMENDED 73 CONDITIONS FOR A/S 06 -31 OAK CREEK MASTER PLAN
Planning Department -- Laura McIntyre, Planner 11846 -0373 laura.mcintyre @ci.gilroy.ca.us
1. Expiration: This Architectural and Site Review approval is valid for the life of the RDO 06 -02
allowances (til 2015). If any development for which this Architectural and Site Review has been
granted is not established within this period, the approval shall expire. The Planning Division
Manager may grant an extension upon an application request received prior to expiration, particularly
if an extension has been granted for the RDO's.
2. Substantial changes to the Plan: are subject to additional review, comment and approval.
3. Phasing Plan: A phasing plan shall be provided prior to a tentative map approval that specifies the
timing and components (lots, utilities, streets, and other infrastructure) of each phase of the
development over the RDO build out period.
4. Design Criteria: A six foot wide sidewalk with landscaping shall be placed along the exterior western
and southern boundary of the property to provide a buffer.
5. Conformity to Plans: The future permits shall substantially conform to the plans and.drawings
submitted with this application and ensure appropriate setbacks.
6. Suburban Propane Property Acquisition: Must occur prior to the submittal of the final map for that
site.
7. Mitigation Measures: All 24 CEQA Mitigation Measures detailed in Table S -1 of the Barbed USA
Amendment Subsequent FEIR (Attachment) must be followed during the planning and development
process.
8. Fees: Please note that the City bills for actual. time spent processing applications; the filing fee
indicated on the application form is a deposit, and the actual cost to process this application could be
more than the filing fee.
9. Parking: All plans must be in accordance with the parking requirements as described in Section 31 of
the Zoning Ordinance.
10. Building Design: The structure shall utilize creative, aesthetic design principles to create an
attractive building and open space to blend with the character of the surrounding area. All plans must
be in accordance with the Downtown Design Guidelines in terms of Architectural Character, 360 -
degree Architecture, Continuity, Mass, Scale and Rhythm.
11. Building Colors: Building colors and materials shall be compatible with the natural landscape and
must be indicated prior to this approval and detailed on building plans prior to the issuance of a
building permit. Please submit color samples for the proposed structure.
12. Signage: All plans must be in accordance with the signage requirements as described in Section 37
of the Zoning Ordinance.
13. Fencing: All fencing must comply with Section 34 of the Zoning Ordinance to ensure appropriate
setbacks, height and material use. Backyard fencing along the perimeter sidewalk should only
enclose bedrooms and backyards. Windows off of the living areas and kitchens that face the Sports
Park and Levee trail shall remain unobstructed. Perimeter fencing along the western and southern
property line shall be developed in conjunction with the City of Gilroy Police Department to ensure
safety.
14. Space: There will be adequate access, parking, landscaping, trash areas and storage, as necessary.
15. Landscaping: Landscaping plans shall be developed in accordance with Gilroy's Downtown Plan
nd provided to Planning staff, prior to the issuance of a building permit. The landscaping shall be
Item I.A.
AS 06 -31 10/21 11/24/2008
continuously maintained in an orderly, live, healthy, and relatively weed -free condition, and the
approved specific landscape plan.
16. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the
site toward any residential use or public right -of -way.
17. Mechanical Appurtenances: Mechanical equipment to be located on the roof of the building
shall be screened by an architectural feature of the building, such that it cannot be seen from the
ground level at the far side of the adjacent public right -of -way, whenever possible.
18. Archeological Remains: All building plans shall include a note as follows: "If archeological
resources or human remains are discovered during construction, work shall be halted within 50
meters (150 feet) of the find until it can be evaluated by a qualified professional archeologist. If
the find is determined to be significant, appropriate mitigation measures shall be formulated and
implemented."
Additional comments may be added on subsequent plan checks due to incomplete plans, plan
changes, mistakes, errors or omissions.
Engineering Department, Charlie Krueger, Senior Engineer (408) 846 -0451
DEVELOPMENT CONDITIONS
19. Need to acquire AT &T and Suburban Propane properties at southwest corner of Monterey
Street/Luchessa Avenue prior to final map for these properties.
20. Remove existing Sports Park fence and lighting between the development and the Sports Park and
construct in the same location a new tubular steel fence including pilasters with lights mounted on
top to illuminate walkways on both sides of the fence. A one foot minimum planting area is to be
constructed on the development adjacent to the fence, along with a minimum six foot wide sidewalk.
Walkways from the adjacent homes shall connect to this sidewalk. Windows on the lower and
upper stories of the adjacent homes shall face the buffer area.
21. Comply with the following concern raised by the Santa Clara Valley Water District: "A portion of the
development (mainly the park) is located within the District's flowage easement for Uvas Carnadero
Creek. In general, there will be no development or grading, including for park purposes, allowed in
the flowage easement except under specific circumstances which can be explained to the applicant
if they propose work in the future. Any work proposed within the flowage easement will require a
District permit."
22. Return SCVWD flowage easement to pre -2001 elevations.
23. Provide connections to Uvas Trail System.
24. Provide adequate clear space on Monterey Street to allow for construction of a 90 inch diameter (or
equivalent) storm drain for the future Princevalle diversion. No utilities may be installed in this zone,
except for storm and sewer lines if there is no reasonable alternative. Storm and sewer lines
constructed in this zone must be provided protection such as a concrete cap and accurately marked
to allow for installation of the future storm drain.
25. Prior to tentative map approval provide the Base Flood elevation, the proposed finish lot grade
elevations and subdivision grading that will support the request for a Conditional Letter of Map
Revision Based on Fill. Show how negative effects to downstream or inundated properties will be
mitigated.
26. Prior to final map approval a Conditional Letter of Map Revision Based on Fill shall be approved by
the Department of Homeland Security - Federal Emergency Management Agency.
27. Prior to Subdivision Improvement acceptance or Building Permit issuance, which ever occurs first, a
Letter of Map Revision Based on Fill shall be approved by the Department of Homeland Security -
Federal Emergency Management Agency.
28. All purchasers of property included in the Project Area shall be disclosed that their streets may flood
Iter -NM A?t the City of Gilroy will not sand bag or berm their streets to prevent street flooding.
AS 06 -31 11/21 11/24/2008
TRAFFIC CONDITIONS
29. Developer shall dedicate bicycle and pedestrian trails to the home owners' association (HOA) upon
acceptance of common facility by HOA.
30. Developer shall complete the design, permitting, construction, and dedication of right of way to the
City required to improve Luchessa Avenue and Monterey Street to their ultimate configurations,
including all undergrounding. improvements such as but not limited to irrigation, storm drain, water,
sanitary sewer, streetlights, traffic signal conduit, gas, electrical, communications and transitions
beyond the frontage of the phase as required for each phase of the project. Should modifications
need to be made at the Monterey Street and Luchessa Avenue intersection prior to the one hundred
thirteenth (113th) building occupancy permit, the existing traffic signal shall be modified to
accommodate these changes. Traffic signal modifications are not required prior to the hundred
thirteenth (113'h) building occupancy permit if no changes are made to the intersection.
31. Prior to the issuance of the one hundred thirteenth (113`h) building occupancy permit, developer
shall complete the following:
a. Traffic signal modifications at Monterey Street and Luchessa Avenue intersection.
b. New traffic signals at Luchessa Avenue and Princevalle Street intersection.
c. New traffic signals at Luchessa Avenue and Thomas Road intersection.
d. Traffic signal modifications at Monterey Street and Tenth Street intersection to a full eight -phase
traffic signal.
32. Prior to the last ten (10) building occupancy permits, developer shall construct the Monterey Street
and Tenth Street intersection to provide protected left turns on the eastbound and westbound
approaches and increase the capacity of the left -turn movement.
33. The following design criteria shall apply to development's interior /private streets only:
a. P.U.E. shall be a minimum 15.5 feet wide (from back -of -curb) or 16 feet wide (from face -of -curb)
consisting of a 9.5 -foot landscape area and 5 -foot sidewalk.
b. Applicant may comply with condition 33.a by providing a 5 foot sidewalk on only one side of the
roadway for streets located on the interior of the project.
34. Clarify intent and location of "2 decelerating lanes for access to US 101 north and south" discussed
on pages 3 and 5.
35. Show location of continuous sidewalk/bicycle connection to Downtown described on page 3.
36. Provide continuous sidewalk that will "enhance the pedestrian circulation... for school children,
especially the nearby high school," as described on page 3; sidewalk gaps should not be created.
37. Use sight visibility triangle to determine appropriate location of entry monuments; conceptual plan
on page 4 shows monuments blocking driver visibility and pedestrian access to curb ramps and
sidewalks.
38. Clarify the meaning and application of the residential design statement on page 6 that states,
"Single car garages are encouraged where swing -in garage types are feasible."
39. Traffic calming measures (referenced on page 7) such as curb extensions /bulb -out areas illustrated
on page 15 shall incorporate a 6 -foot sidewalk and 6 -foot utility easement.
40. For single -car garages within the parking court illustrated on page 16, show how vehicle will back
out of garage without having to reverse all the way to street; provide and show turning template.
41. Correct cross section on page 22 for Luchessa Avenue - Monterey Street intersection; bike lane shall
be located between right turn lane and through lane per California MUTCD Standards.
Item VI.A.
AS 06 -31 12/21 11/24/2008
Building Department — Jane Alexander (408) 846 -0430
The Building Division has performed a cursory review of the plan submitted to the Planning Division for the
application noted above. Based on the submitted plan, the following preliminary comments, information and
conditions of approval are generated to assist you toward the building permit. It is very important that these
comments are incorporated into the final submitted plan at the time of Building permit application. These comments
are in compliance with the current adopted Building Code and are subject to change. All construction shall comply
with the most current City adopted Building Codes in place at the time of Building permit plan check
submittal /application.
SPECIFIC COMMENTS
42. Insufficient information for a Building plan review.
43. When building permit application is made, additional comments may be added due to incomplete plans, plan
. changes from any prior plans used in Planning Division processes, mistakes, errors or omissions.
44. Provide an abbreviation and symbol list to identify all abbreviations and symbols used on plan to understand
the intent and proposed application.
45. Provide exterior building elevations indicating, to scale, the exterior finish grade elevations around the
building relative to finish floor elevations.
46. Specify the occupancy group classification and type of construction of the building on the plans.
47. Provide a building analysis for mixed use commercial building in accordance with 2007 CBC Section 506.4.1
and subject to setback requirements.
48. Provide proper legible setbacks, all attached patio covers are assumed part of the main structure. The
distance to an adjacent lot line shall be determined in accordance with 2007 CBC Table 602 and Sections
704.8 & 406.3.7
49. Provide 1 -hour rated construction for walls less than 5' feet from property line. No openings are permitted
less than 3' feet from property lines and no more than 25% openings is permitted between 3' feet to 5 ft from
property lines. 2007 CBC 704.8 & Table 704.8.
50. For all walls, at or near a property line, provide a complete wall section from the foundation to the roof and
locate the property line on the cross section.
51. Wall rating and opening protection of exterior walls of the buildings shall be determined based on fire
separation distance defined a follows:
The distance measured from the building face to one of the following:
a) The closest interior lot line;
b) To the centerline of a street, an alley or public way; or
c) To an imaginary line between two buildings on the property.
d) The distance shall be measured at right angles from the face of the wall. 2007 CBC 702.
52. Playground equipment installation shall be in conformance with the U.S. Consumer Product Safety
Commission.
53. City of Gilroy of Gilroy Ordinance # 2007 -24 amending the 2007 CBC Section 406.1.4. (Separation).
SepgratMs� all comply with the following when both the garage and the residence are protected by an
aapp Sprinkler System:
AS 06 -31 13/21 11/24/2008
a) The private garage shall be separated from the dwelling unit and its attic by means of a minimum Y2
inch gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated
from all habitable rooms above by not less than 5/8 inch Type X gypsum or equivalent. Door
openings between a private garage and the dwelling unit shall be equipped with either solid wood
doors or honeycomb core steel doors not less than 1 3/8 inch thick, or doors in compliance with
Section 715.4.3. Openings from a private garage directly into a room used for sleeping purposes
shall not be permitted. Doors shall be self - closing and self - latching.
b) Ducts in private garage and ducts penetrating the wall or ceiling separating the dwelling unit from the
garage shall be constructed of a minimum 0.019 inch sheet steel and shall have no openings into the
garage.
Separations shall comply with the following when no approved Fire Sprinkler System serves the residence
and /or the garage.
a) The private garage shall be separated from the dwelling unit and its attic area by means of a minimum
5/8 inch Type X gypsum board applied to the garage side. Garages beneath habitable rooms shall be
separated from all habitable rooms above by not less than a 5/8 inch Type X gypsum board or
equivalent. Door opening between a private garage and the dwelling with either solid wood doors or
solid honeycomb core steel doors not less than 13/8 inches thick, or doors in compliance with
Section 715.4.3. Openings from a private garage directly into a room used for sleeping purposes
shall not be permitted. Doors shall be self - closing and self - latching.
b) Ducts in a private garage and ducts penetrating the wall or ceiling separating the dwelling unit from
the garage shall be constructed of a minimum 0.019 inch sheet steel and shall have no openings into
the garage.
54. Fireplace and shroud requirement.
a. Wood burning fireplace compliance with City of Gilroy Ordinance 2005 -06 and Environmental
Protection Agency (EPA).
b. Provide Manufacture's cut sheet and installation manual.
c. Wood burning appliances must meet a PM10 standard.
d. Fireplace shroud is allowed only if it is. listed by the same manufacture as the fireplace. Provide
product data.
55. City of Gilroy of Gilroy Ordinance # 2007 -24 amending the 2007 CEC Article 110.26(c) amended to read:
For equipment rated 1200 Amperes or more and over 6ft. wide that contains overcurrent devices, switching
devices, or control devices there shall be one entrance not less than 24 in. wide and 6'/2 ft high at each end
of
the working space. Where the entrance has a personnel door(s), the door(s) shall open in the direction of
egress
and be equipped with panic bars, pressure plates or other devices that are normally latched but open under
simple pressure.
56. City of Gilroy of Gilroy Ordinance # 2007 -24 amending the 2007 CIVIC & CPC. Tubing shall be at least
Type K for condensate return lines, and Type L for steam condenser cooling water lines, underground water
lines, and above ground water lines. Type M copper shall not be used.
a) Water piping shall not be installed in or under a concrete floor slab within a building without prior
approval of the Administrative Authority. When approved, such piping shall be installed as follows:
Piping installation in or under a concrete floor slab will be installed within a chase or conduit for easy
replacement, to the satisfaction of the Administrative Authority.
b) Upon completion of a section or the entire hot and cold water supply system, it shall be tested and
proved tight under a water pressure not less than 100 psi. The water used for tests shall be obtained
from portable source of supply. A fifty (50) pound per square inch (344.5 kPa) air pressure may be
substituted for the water test. In either method of test, the piping shall withstand the test without
Id WngVl.A.
AS 06 -31 14/21
for a period of not less than fifteen (15) minutes
11/24/2008
57. Storm Drain (onsite):
a) Clarify method of on -site drainage.
b) Specify material used for all storm drains. Size of storm drains shall comply with chapter 11, CPC.
c)_ Show location of roof drain, leader, and vertical rainwater piping. Clarify how they are connected to
storm drain system, unless otherwise approved in writing.
58. Sanitary Sewer onsite (SS):
a. Specify material and size used, sanitary sewer shall comply with 2007 CPC Chapter 7.
b. Provide calculation to verify sanitary sewer size shown is adequate.
59. Trash Enclosure shall be under separate permit. Clarify if there is a roof on the'trash enclosure. Incorporate
in fire protection at property line. Provide structural calculation and details per 2007 CBC.
60. Provide protection by means of wall or bollard in front of all gas & electric utility meters.
61. Show location of all existing overhead utility lines.
62. Onsite- Provide Title 24 outdoor lighting calculation for exterior lighting. Provide specification and structural
calculation for light poles.
63. Guards shall be provided where appliances, equipment, fans, roof hatch openings or other
components that require service are located within 10 feet of a roof edge. 2007 CBC Section 1013.5 & 2007
CMC Section 904.
64. Please give this information to the architect, designer, engineer, contractor, and anyone else on your project
team so they may have the proper information for your project.
BLES Fire Marshal, Jackie Bretschneider ,lacguibC&_ci.gilrov.ca.us or 408 - 846 -0439
65. A &S Conditions shall be included as notes in the construction drawings submitted for building permit
66. Each residence shall be provided with a paved access way (side walk) a minimum of 36° wide between
the main entry and a fire access roadway. Maximum distance between front door and fire access
roadway shall be 150'.
67. Single Family Homes with a fenced yard shall have a gate that opens to a public way (or to an open
yard that leads to a public way).
68. All buildings over 1,000 square feet shall be provided with residential fire sprinklers conforming to NFPA
13D, with attached garages sprinklered and a pilot head in the attic space. Risers shall be inside and
shall provide a bell on the exterior and one horn on the interior. Most non hillside homes should be
able to provide for the fire sprinklers with a 1" meter. Please consult a fire sprinkler contractor to
confirm water meter size. Water supply lines from the meter to the home should be at least 1.5 inches.
Type L or better copper is required for all copper piping.
69. An address shall be provided at building permit submittal. House numbers shall illuminated.
Addressing shall be from the street that the front door faces and shall be visible from that street. For
walkway (paseo) accessed homes an illuminated address shall be provided on both the front door and
the garage (alley) side of the residence.
Item VI.A.
AS 06 -31 15/21 11/24/2008
70. Chimneys shall have spark arrestors installed. No permanent outdoor, wood -fired fireplaces /pits are
allowed. Trees and tree branches shall not be within 10 ft of a chimney.
71. Egress Windows shall be provided on all sleeping rooms. A room that does not have a clearly defined
use as a kitchen, closet, dining room, living /family room or study shall be considered a bedroom.
Studies /libraries with closets shall be treated as bedrooms. Storage rooms that are provided with
windows, and electrical outlets and are greater than 50 square feet may also be considered bedrooms if
attached to a dwelling unit.
72. Driveway Gates to more than two dwelling units shall be electronically opening and shall be provided
with a police and fire KNOX key over -ride. The gate shall be also activated by the Fire Department
Opticom signal or approved alternative signal.
Gilroy Police Department - Sgt. Kurt Ashley, Neighborhood Resource Unit (408) 846 -0521
kurt.ashleY(cb_ci.gilroy.ca. us
73. As discussed on October 22, 2008, the police department requests that the current plans be
changed to include a " Paseo type" buffer between the residences and any public use area. This
would include the residences next to the Gilroy Sports Park and the Uvas Levee Trail system.
These revisions would include:
a. 6' tall open steel fencing, with 6' spacing between 12 "x12" decorative posts along the
public use areas. No climbing vines will be attached.
b. A 1' landscaped planter area would be included from the above fenceline to a 6' wide
sidewalk. Low growing plants only.
c. The orientation of the residence can remain the same, but would be moved away from the
property line allowing room for the paseo.
d. Only the bedroom portions of the lower floor would be fenced with a closed "Good
neighbor" type fence. This would allow visual security of the paseo from the lowing floor
kitchen and living areas of each residence.
e. Additional windows would be added, if needed, to the upstairs living areas (on the public
use side only).
f. Lighting to be included along the paseo route.
g. All trees must be skirted to the height of 7'.
h. All shrubs must be maintained at a low level to decrease hiding locations along the paseo.
Item VI.A.
AS 06 -31 16/21 11/24/2008
BUILDING PLAN CHECK AND PERMIT APPLICATION INFORMATION
PLAN CHECK AND PERMIT APPLICATION INFORMATION:
a) Provide a statement on the coversheet of the building plan review submittal plans stating the
following:
1) "1 hereby acknowledge that my building plan review submittal documents are in conformance with the
Arch and Site approval. I understand that if my submittal is different from my arch and site approval, it
will take longer to review my building plan review and additional fees may apply."
2) Provide a signature of the architect of record agree the statement
b) Conditions For Site And Permit:
1) Separate plan and permit are required for Grading, Drainage and Erosion Control.
2) Separate plan and permit are required for Building Site Improvements & Detached Trash Enclosures.
3) Separate plan and permit required for Fire Sprinklers, Alarms and Hydrants.
4) Separate plan and permit required for Generators.
5) Separate plan and permit required for Signs.
6) Separate plan and permit required for On -Site Parking Lot Design /Paving. Including path of travel,
disabled parking layout and signage.
c) Design Professional —This project will require a State of California registered design professional to design,
stamp and wet sign the construction plans.
d) Information required on the Title Sheet
1)
Project Information
2)
A detail description of Scope of Work
3)
Deferred submittals and Special inspection requirements
4)
Code versions used for design
5)
Building Area.
6)
Type of Construction.
7)
Type of Occupancies
8)
Number of Stories
9)
Building is /is not equipped with an automatic sprinkler system
Property Information
1)
Project address and APN number
2)
Property Owner information
3)
Tenant Information
Designer Information
1) Designer's name, company name and address, phone number and other contact information
2) Contractor's name, company name and address, phone number and other contact information
e) Information required on the Site plan
1) A fully dimensioned plot plan with distance to property lines /setbacks.
2) Distance between structures.
3) Slopes and grade.
4) Show the location of all entrances and exits.
5) Locate all utilities on site plan.
6) Show egress to the public way on site plan.
Item VI A.
AS 06 -31 17/21 11/24/2008
f) Building Codes -All construction shall comply with Building, Mechanical, Plumbing, Electrical, T -24 Energy
and Accessibility, and City codes in effect at the time of plan check application resulting in actual
construction. Put the version used for the design on the plans. Codes in effect as of the writing of this
document include, but are not limited the following:
➢ 2007 California Building Code.
➢ 2007 California Fire Code.
➢ 2007 California Electrical Code.
➢ 2007 California Mechanical Code.
➢ 2007 California Plumbing Code.
➢ 2007 California Energy Regulations
California Energy: Zone 4
➢ Fire Protection Class: 4
➢ Seismic Design Category: D
➢ Wind (3 sec gust), Vas (Section 1609.3, CBC): 85 mph
➢ Wind Exposure: C. If exposure B is used, provide calculations to justify
➢ Storm Water Roof Drainage (table D -1, CPC): 1.5 inches/hour
g) Plan Submittals
Given the scale and the complexity of your project, it would take some time to process the intake of
your building permit application. To make sure a smooth application intake, please call the BLES
Division for a plan submittal appointment.
1) New Commercial & Industrial 5 sets of plans, 2 of the 5 wet stamped and signed for all submittals
except the first.
2) New Residential 4 sets of plans, 2 of the 4 wet stamped and signed for all submittals except the first.
3) Tenant Improvements 4 sets of plans, 2 of the 4 wet stamped and signed for all submittals except the
first.
4) Residential Alterations 4 sets of plans, 2 of the 4 wet stamped and signed for all submittals except the
first.
5) Energy and Structural Calculations 2 sets, wet stamped and signed.
6) Soils report containing design recommendations for footings, retaining walls and make provisions for
anticipated differential settlement.
7) Trusses 2 sets, wet stamped and signed.
8) Environmental Health 2 sets of plans wet stamped, signed with Environmental Health Dept.
approvals.
h) Soils Engineer
1) Mitigation measures and design recommendations identified in the soils report approved by the
Building Official MUST be reviewed by the soils engineer of record for conformance. Structural
foundation design plans must also be reviewed by the soils Engineer of record for conformance to
recommendations contained within the soils report.
2) Prior to requesting a Building Department foundation inspection, the soils engineer shall inspect and
approve the mitigation measures and the foundation excavations. The soils engineer shall submit
documentation to the Building Division which verifies compliance with the recommendations specified
in the soils report.
3) Soil report to include all items stated in section 1802.2.1 to 1802.2.7. See 1802.2.7 for SDC D
Submit foundation plan and design calculation to Geotechnical Engineer for review and approval.
Provide a letter of approval from soil engineer stating that plan and calculation are in general
conformance to the prepared soil report for this project. State the plan and calculation sheets
reviewed.
Item VI.A.
AS 06 -31 18/21 11/24/2008
i) Erosion Control — The applicant shall submit an Interim Erosion and Sediment Control Plan. This can be
Incorporated on the Grading Plan and shall include the following information:
1) Maximum surface runoff from the site as calculated using the method approved by the Building
Official.
2) A delineation and brief description of the surface runoff and erosion control measure to be
implemented
including but on limited to types and methods of applying mulches to be used.
3) A delineation and brief description of vegetative measures to be taken, included but not limited to,
seeding methods, the type, location and extent of existing and undisturbed vegetation types, and a
schedule for maintenance and upkeep.
4) Where an applicant does not plan to construct permanent improvements on the site, or plans to
leave
portions of the site graded but unimproved, applicant must:
a) Submit an Interim Plan designed to control runoff and erosion on the site for the period of time
during which the site, or portions thereof, remain unimproved and:
b) Submit a request for the release after the completion of grading.
j) Others:
FIRE PROTECTION — Regardless of area or occupancy separation walls, an automatic fire
sprinkler system shall be required for the following:
1) Any new commercial, industrial, or residential building 1,000 square feet or greater.
2) Additions to existing buildings: this section shall apply to all existing Buildings if the entire building
area, including the addition exceeds the area permitted by the current Building Code or this
section,
then the entire building shall be sprinklered.
Exception: Additions of less than 1000 square feet (either one time or cumulative after the adoption of
this ordinance, need not be sprinklered unless otherwise required.
FEMA — Notice:
This project may be in a flood zone and must meet the City of Gilroy "Floodplain Management
Ordinance" #98 -16.
SPECIAL INSPECTIONS — In addition to the inspections by UAC Sec. 305 & 306, the owner or the
engineer or architect of record acting as the owner's agent shall employ one or more special inspectors
who shall provide special inspections when required by CBC 1704 (2007CBC).
1) Please contact the Building Division at the time of plan submittal to obtain an Application for
Special Inspections.
STRUCTURAL CALCULATIONS — Provide Structural Calculations verifying compliance with all
applicable provisions of the adopted State Codes. Prior to request for final inspection, written
verification by the engineer of record indicating conformance with the structural design shall be
submitted to the Gilroy Building Division. The design loads and other information pertinent to the
structural design required by Sections 1603. 1.1 through 1603.1.8, shall be indicated on the construction
documents 1603.1
DEFERRED SUBMITTALS - Deferred submittals that are not submitted at the time of the application
must have the prior approval of the building official. The registered design professional in responsible
cwjfln �ll list the deferred submittals on the construction documents for review by the building official.
Documents for deferred submittal items shall be reviewed by the registered design professional in
AS 06 -31 19/21 11/24/2008
responsible charge who shall forward them to the building official with a notation indicating that they have
been reviewed and are in general conformance with the design of the building.
PRE - MANUFACTURED TRUSSES - This is a deferred item.
1) Submit plan and calculation to project engineer for review and approval.
2) Provide a letter of approval accompanied with truss plan and calculation at time of plan
check submittal.
3) Specify TC DL and LL, BC DL and LL on plan.
4) Collector trusses will have uplifts at supports.
5) Clarify mechanical hardware to be used at these locations.
CONSTRUCTION INFORMATION
Work Schedule (Section J110, Gilroy Ordinance 2007 -24): The applicant must submit a masterwork
schedule showing the following information:
1) Proposed grading schedule.
2) Proposed conditions of the site on each July 15, August, September 15, and October 15 during which
the
permit is in effect.
3) Proposed schedule for the installation of all interim erosion and sediment control measures including,
but not limited to, the stage of completion of erosion control devices and vegetative measures on
each of the dates set forth in Subsection (2);
4) Schedule for construction of final improvements, if any.
5) Schedule for installation of permanent erosion and sediment devices where required.
II. Wet Season Work. (October 15 To April 15) (Section J110, Gilroy Ordinance 2007 -24)
1) For commencement of the grading during the wet season, applicant must provide special
documentation, as required by Building Official, showing the reasons other than financial, for the need
to commence at that time.
2) For continuation of activities, other than installation, maintenance or repair of measures in the
Interim of final plans, during the wet season, permittee must apply for and receive, every five (5)
working days, special permission to proceed.
3) Building Official shall grant permission under this subsection on the basis of weather forecasts,
experience and other pertinent factors, which indicate the activity, may occur without excessive
erosion occurring.
III. Dust and Mud Control Measures.
1) Contractors performing grading operations within the City where dry conditions are encountered shall
adequately control dust or mud from spreading off -site or into existing structures on -site. Prior to
commencement of the grading operations, contractor shall furnish details of proposed dust or mud
control measures to the Building Official for approval. Failure to control dust or mud from grading
operations shall result in suspension of grading operations until adequate measures are in place to
allow continuance.
IV. Demolition — Demolition permits will be issued in accordance with City Ordinance.
1) Prior to permit issuance: Submit a plot clearly showing the location and the portion of building or the
building to be demolished, a completed application for Demolition, a Bay Area Air Quality
Management District "J" number, and obtain approval from the Building Official for the scope of work.
The forms necessary are available at the Building Counter.
2) Any Building over 50 years old may also require Historic Heritage Committee approval prior to
demolition. Check with the Planning Division for any additional requirements.
3) If trees are to be removed, provide a site plan showing tree locations, species and breast high trunk
Ite*MOXr.
AS 06 -31 20/21 11/24/2008
4) Any Building over 50 years old may also require Historic Heritage
5) Prior to demolition permit issuance a letter of Utilities Disconnect from PG &E must be submitted to the
Building department.
6) Prior to demolition, a pre -site inspection is required by the Building Department to verify the utilities,
water and sewer lines have been capped off within (5) five foot of the property line.
7) Prior to demolition a site plan shall be submitted to the Building Department showing the location of
any water pumps, wells, septic tanks, leech lines or structures on site.
V. Plan Submittal, Site Work, Demolition And Construction — Prior to new or remodel plan approvals, a
separate site plan must be submitted for approval containing the following items required per 2007 California
Building Code Chapter 33 and Table 3306.1.
1) Protection of Pedestrians during Construction or Demolition.
2) Temporary Use of Streets and Alleys.
3) Storage on Public Property.
4) Mixing Mortar on Public Property.
5) Protection of Utilities.
6) Walkways.
7) Pedestrian Protection, Railings, Fences and Canopies.
8) Maintenance and Removal of Protective Devices.
VI. Grading, Shoring and Notice of Excavation - A site development permit shall be required for all grading
and shoring work. Shoring plans, calculations, etc., must be reviewed and approved by Building Division.
1) Prior to excavation, adjoining landowners shall be given notice of the date, location, and extent of
excavation in conformity with Section 832 of the Civil Code and copies shall be provided to the
Building Official prior to issuance of grading permit.
VII. Building Security Ordinance # 85 -17 — Plans shall provide a reference to this ordinance.
1) Provide a "PUBLIC SAFETY RADIO SYSTEM" to support the City's Public Safety
Communications System in any structure over 10,000 square feet.
2) Provide an illuminated address at the front of structure.
3) Provide signage at the rear of structure for building identification.
4) Except where clear vision panels are installed, all front exterior doors shall be equipped with a wide -
angle (180- degree) door viewer, not to be mounted more than fifty -eight (58) inches from the bottom
of
the door.
5) Provide proper address for proposed project on each page of plans prior to submission of plans for
initial
building plan check. Provide Assessors Parcel number on title page.
Refer to the City Ordinance # 85 -17 for other provisions that are not on this list.
III. T -24 Accessibility- The developer shall comply with all applicable provisions of 2007 CBC Chapters
11 -A & 11 -13 of the 2007 California Building Code (Title 24) for Disabled Access.
1) Accessible parking spaces are required to meet the 2007 CBC.
2) Accessible parking should be located at the shortest route of travel to the accessible entrance.
3) Provide accessible parking spaces to meet Table 11 B -6.
4) Where single spaces are provided, the unloading access aisle must be placed on the passenger side.
5) One in every eight accessible spaces, but not less that one, shall be designed for van accessibility.
6) The disabled cannot go behind other parked cars.
7) Show the slope of the accessible parking space and unloading area.
8) Provide disabled signage.
9) All entrances and exterior ground -floor exit doors to buildings shall be made accessible to persons
Item V(+i/A
disabilities.
AS 06 -31 21/21 11/24/2008,,,
10) Distribute the accessible parking near accessible entrances.
11) Provide an accessible path of travel between accessible parking, tenant space and the trash
enclosure
servicing the tenant space.
12) Provide an accessible path of travel to the public right of way including the nearest bus stop.
13) Any walking surfaces with a slope greater than 1:20 will be considered a ramp and designed as such.
14) Pedestrian walkways must conform to requirements for accessibility (path of travel, slopes of ramps
and
walkways, etc.).
;. Construction Restriction —All construction shall be restricted to the following hours:
Weekdays (Monday thru Friday) - 7:00 am. to 7:00 pm.
Saturdays and City Holidays - 9:00 am. to 7:00 pm.
Sunday's - No construction activity allowed.
Pre - Construction Meeting - A pre- construction conference shall be held at a time and location agreed
upon by the City and applicant for the purpose of review and approval of construction procedures. The
building owner /developer shall be represented by his designer and construction staff. The City will be
represented by departments having conditions of approval on the project.
7. Contractor Responsibility - each contractor responsible for the construction of a main wind- or seismic -
force- resisting system, designated seismic system or a wind- or seismic - resisting component listed in the
statement of
special inspections is required to submit a written statement of responsibility to the building official and the
owner prior to the commencement of work on the system or component. The contractor's statement of
responsibility shall acknowledge awareness of the special requirements contained in the statement of
special
inspections and acknowledge that control will be exercised to obtain conformance with the approved
construction documents. Add this statement to Plan Title Sheet.
Visit our Web site for Building & General Plan Information. www.ci.pilroy.ca.us
Item VI.A.
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2009 -01 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 Council
held on the 120h day of January, 2009, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 16th day of January, 2009.
(Seal)