Resolution 2013-431
RESOLUTION NO. 201343
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TENTATIVE MAP TM 13 -02,
CREATING 186 SINGLE - FAMILY RESIDENTIAL LOTS,
ONE 8 -ACRE PARK AND DETENTION BASIN, THREE
UVAS CREEK PARCELS, AND THREE PARCELS TO
REMAIN IN AGRICULTURAL PRODUCTION ON
APPROXIMATELY 112 ACRES LOCATED WITHIN THE
HECKER PASS SPECIFIC PLAN, EAST RESIDENTIAL
CLUSTER, SOUTH OF HECKER PASS HIGHWAY AND
WEST OF THIRD STREET, APNS 810-20-001,-003, AND -007,
APPLICANT MERITAGE HOMES
WHEREAS, Meritage Homes submitted application TM 13 -02 requesting a tentative map to
subdivide an approximate 112 -acre site into 186 single - family residential lots, one 8 -acre park and
detention basin, three Uvas Creek parcels, and three parcels to remain in agricultural production
located within the Hecker Pass Specific Plan, East Residential Cluster, South of Hecker Pass
Highway and West of Third Street, APNS 810 -20 -001, -003, and -007; and
WHEREAS, the subject property is located within the Hecker Pass Specific Plan, within an
area identified as the East Residential Cluster; and
WHEREAS, application TM 13 -02 was referred to various public utility companies, and City
departments, including the Technical Advisory Committee, for recommendations; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council in 2005 certified the Final Environmental Impact Report by Res. No. 2005 -02 for the Hecker
Pass Specific Plan, and finds that the proposed development is consistent with the Specific Plan
which was amended in 2009 following additional environmental review as described in Res. No.
2009 - -32. Therefore, no further environmental analysis is required pursuant to CEQA Guideline
section 15182(a) since this is a residential project in conformity with a Specific Plan; and
WHEREAS, on September 5, 2013, the Planning Commission held a public hearing and
continued it to its duly noticed meeting on October 3, 2013, at which time it considered the public
4818 - 7224- 7830v1 RESOLUTION NO. 2013-43
testimony, the staff report dated October 3, 2013 ( "Staff Report") and all other documents related to
TM 13 -02, and found the application in accordance with the Hecker Pass Specific Plan, the Gilroy
Zoning Ordinance, and other applicable standards and regulations, and adopted Planning
Commission Resolution No. 2013 -04, recommending approval of TM 2013 -02 to the City Council;
and
WHEREAS, the City Council at its duly noticed public hearing on October 21, 2013
considered public testimony, the Staff Report and a supplemental staff report dated October 21,
2013, and all other related documents, including Planning Commission Resolution No. 2013 -05; and
WHEREAS, the City Council has reviewed Planning Commission Resolution No. 2013 -04,
recommending approval of the Tentative Map, subject to certain conditions; 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
record as summarized below:
1. As proposed, the tentative map is generally consistent with the intent of the goals
and policies of the Hecker Pass Specific Plan.
2. The proposed tentative map is generally consistent with the intent of the goals and
policies of the City's General Plan.
3. The proposed development is consistent with the Zoning Ordinance and the City's
Subdivision and Land Development Code, and the State Subdivision Map Act.
4. Public utilities and infrastructure improvements needed in order to serve the
proposed project are in close proximity.
5. There is no substantial evidence that there will be significant unmitigated
4813 -7224 -78300 RESOLUTION NO. 201343
environmental impacts as a result of this project. All impacts are mitigated to less
than significant with two exceptions: cumulative air quality impacts and loss of
availability of mineral resources are deemed unavoidable. The City Council
adopted the required CEQA findings and a statement of overriding considerations
to approve a project with unavoidable significant impacts when they adopted the
amended Hecker Pass Specific Plan in 2006.
6. There are no facts to support the findings requiring denial of the proposed
tentative map under California Government Code section 66474.
B. Application TM 13 -02 should be and is hereby approved subject to the conditions of
approval set forth in Exhibit A attached hereto and entitled, "Final Conditions of Approval TM 13-
02" and subject to the CEQA mitigation measures set forth in the Mitigation Monitoring Program
under "Planning Commission Special Conditions" numbers 12 through 17.
PASSED AND ADOPTED this 4t' day of November 2013 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ, TUCKER
and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: AULMAN
ABSTAIN: COUNCILMEMBERS: WOODWARD
ATTEST:
Clerk
APPROVED:
J,
Donald Gage, Mayor
4813 - 7224 -78300 RESOLUTION NO. 201343
EXHIBIT A
TM 13 -02
CONDITIONS
PLANNING DIVISION CONDITIONS
The project shall comply with all relevant provisions of the Santa Clara Valley Habitat
Conservation Plan.
2. In the event of an accidental discovery or recognition of any human remains, the City
shall ensure that this language is included in all permits in accordance with CEQA
Guidelines section 15064.5(e): "If human remains are found during construction there
shall be no further excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent human remains until the Gilroy Police Department
contacts the coroner of Santa Clara County to determine that no investigation of the
cause of death is required. If the coroner determines the remains to be Native
American the coroner shall contact the Native American Heritage Commission within
24 hours. The Native American Heritage Commission shall identify the person or
persons it believes to be the most likely descendent (MLD) from the deceased Native
American. The MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of, with
appropriate dignity, the human remains and associated grave goods as provided in
Public Resources Code Section 5097.98. The landowner or his authorized
representative shall rebury the Native American human remains and associated grave
goods with appropriate dignity on the property in a location not subject to further
disturbance if: a) the Native American Heritage Commission is unable to identify a
MLD or the MLD failed to make a recommendation within 24 hours after being notified
by the commission; b) the descendent identified fails to make a recommendation; or c)
the landowner or his authorized representative rejects the recommendation of the
descendent, and the mediation by the Native American Heritage Commission fails to
provide measures acceptable to the landowner."
3. The applicant will be required to mitigate for the removal of significant trees by
obtaining a tree removal permit, which will require replacement of significant trees, in
accordance with the City's Landscaping Policy.
4. The applicant shall contract with an arborist to evaluate the trees along the project
frontage in the Caltrans right -of -way and provide recommendations for pruning and
maintenance. The report shall be submitted to the Planning Department prior to
approval of the final map and any recommendations for pruning shall be implemented
prior to issuance of building permits for any of the homes in the subdivision. An
encroachment permit from Caltrans will be required for any work within the right -of-
way.
TM 13 -02, Exhibit A
Page 2
5. The subdivider shall defend, indemnify, and hold harmless the City, its City Council,
Planning Commission, agents, officers, and employees from any claim, action, or
proceeding against the City or its City Council, Planning Commission, agents, officers,
and employees to attack, set aside, void, or annul an approval of the City, City Council,
Planning Commission, or other board, advisory agency, or legislative body concerning
this subdivision. City will promptly notify the subdivider of any claim, action, or
proceeding against it, and will cooperate fully in the defense. This condition is imposed
pursuant to California Government Code Section 66474.9.
No building permit shall be issued in connection with this project if the owner or
developer of such development (i) is not in compliance with the City's Residential
Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as
the RDO, any conditions of approval issued in connection with such development, or
other City requirements applicable to such development; or (ii) is in default under any
agreement entered into with the City in connection with such development pursuant to
the RDO. The project must also comply with any condition of exemption granted from
the RDO, including but not limited to time limits in obtaining City approvals and
completion of construction of the dwelling units.
6. Approval of TM 13 -02 is subject to the applicant receiving approval of Architectural &
Site Review application A/S 13 -06.
7. The Final Map shall comply with the Tentative Map prepared by Ruggeri-Jensen-Azar,
dated July 23, 2013, and stamped approved, except as modified by the City Council's
approval of this application and the conditions of approval.
8. The developer shall submit a copy of the Conditions, Covenants and Restrictions to
the Planning Division for approval prior to submittal of the Final Map.
PLANNING DIVISION SPECIAL CONDITIONS
Mitigation Measures: The following mitigation measures, which are contained within the
applicable environmental documents as discussed above, prepared pursuant to the
California Environmental Quality Act, and as modified based upon changes in applicable
regulations, are included as conditions of approval.
9. The project applicant shall specify in project plans the implementation of the following
dust control measures during grading and construction activities for any proposed
development. The measures shall be implemented as necessary to adequately control
dust, subject to the review and approval by the City of Gilroy Planning Division:
a. Water all active construction areas at least twice daily;
b. Coverall trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard;
c. Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites;
TM 13 -02, Exhibit A
Page 3
d. Sweep daily (with water sweepers) all paved access roads, parking areas and
staging areas at construction sites;
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets;
f. Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more);
g. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed
stockpiles (dirt, sand, etc.);
h. Limit traffic speeds on unpaved roads to 15 mph;
i. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways;
j. Replant vegetation in disturbed areas;
k. Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at all
exit points to dislodge and trap dirt from vehicle tires;
I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed
25 miles per hour; and
m. Limit the area subject to excavation, grading and other construction activity at any
one time.
10. All future development within the specific plan area shall implement the following
conditions to minimize disturbance to potentially significant cultural resources. Each of
the following shall be made a condition of approval for grading and Building Permits:
a. Developers of each project within the specific plan area shall contract with a
qualified archaeologist to provide an archeological site assessment to determine
the need for monitoring during grading and excavation activities.
b. If cultural resources are discovered during construction, work shall be halted at a
minimum of 165 feet (50 meters) from the find and the area shall be staked off.
The monitoring professional archaeologist, if one is on site, shall be notified. If a
monitoring professional archaeologist is not on -site, the city shall be notified
immediately and a qualified professional archaeologist shall be retained. If the find
is determined to be significant, appropriate mitigation measures shall be formulated
by the professional archaeologist and implemented by the responsible party.
11. Prior to development of any property within the specific plan area, a Phase 1
Environmental Site Assessment shall be prepared in accordance with ASTM
Standard(s) to identify whether past or existing uses of the project property may have
adversely affected soil or groundwater, or would otherwise pose a health hazard during
site development or habitation. If the Phase I assessment finds that past uses may
have contaminated the site, a Phase 2 Site Assessment shall be prepared. If
contamination is present, clean up and disposal of such contamination shall be in
compliance with federal, state and local regulations governing the cleanup and
disposal of hazardous waste. Results of the Phase 1 and, if needed, the Phase 2
assessment and cleanup shall be presented to and approved by the City of Gilroy
Engineering Division prior to issuance of a Building Permit.
TM 13 -02, Exhibit A
Page 4
12. All noise generating construction activities shall be limited to weekdays between 7:00
AM and 7:00 PM, and to Saturdays between 9:00 AM and 7:00 PM. No construction is
allowed on Sundays or city holidays. In addition, temporary berms or noise attenuation
barriers shall be utilized when necessary. This requirement shall be attached as a
contractor work specification for all projects.
13. Applicants for projects within the specific plan area shall be responsible for improving
Hecker Pass Highway immediately west of Santa Teresa Boulevard to include a
second westbound travel lane. The second westbound travel lane on Hecker Pass
Highway, and the appropriate lane -drop taper consistent with Caltrans' Standards,
should extend as far as possible beyond (west of) Santa Teresa Boulevard as can be
accommodated within the existing public right -of -way, with the design subject to
approval by the City Engineer in his /her reasonable discretion. Applicants shall
coordinate with the City of Gilroy Engineering Division to design and implement the
widening project. Removal of deodar cedar trees along the highway must be avoided
wherever possible and improvements must be consistent with State scenic highway
guidelines. Traffic signal modifications should be made to the intersection of Santa
Teresa Boulevard and First Street/Hecker Pass Highway to add vehicle detection for
the second eastbound through lane.
14. Applicants for projects within the specific plan area shall be responsible for shoulder
improvements to Hecker Pass Highway, per Caltrans' standards, between Santa
Teresa Boulevard and the easterly limits of the planned Caltrans Was Creek Bridge
Improvement project. Applicants shall coordinate with the City of Gilroy Engineering
Division to design and implement the shoulder improvements. Removal of deodar
cedar trees along the highway must be avoided wherever possible and improvements
must be consistent with State scenic highway guidelines.
Specific Plan Policies
15. To ensure the creation of the Uvas Creek Linear Park and Uvas Creek Park Preserve,
irrevocable offers of dedication to the City of Gilroy shall be required and obtained
from property owners of land within the Hecker Pass Specific Plan Area that lies within
the Linear Park or Park Preserve prior to the earlier of (a) prior to or concurrent with
the first discretionary approval for projects for which no map is required; or (b) prior to
or concurrent with final and /or parcel map approvals. In this instance, the tentative
map shall have this requirement as a condition of its approval (HPSP Policy 3 -8).
16. All individual development proposals shall consult with the Valley Transportation
Authority to determine whether provisions for future stops or services are required. All
bus stops shall meet all current VTA requirements and standards for bus stops (HPSP
Policy 4 -17).
17. To ensure the preservation of designated agricultural areas in perpetuity, permanent
agricultural easements, deed restrictions or other such instruments shall be created for
TM 13 -02, Exhibit A
Page 5
each property in each agricultural area at the earlier of (a) prior to or concurrent with
the first discretionary approval for projects for which no map is required; or (b) prior to
or concurrent with final map and /or parcel map approvals. In this instance, the
tentative map shall have this requirement as a condition of its approval, and that map
shall generally describe the area to be restricted (HPSP Policy 5 -7).
18. All properties that include agricultural uses shall include an Integrated Agricultural
Management Plan in the Conditions, Covenants and Restrictions for the property
(HPSP Policy 5 -10).
19. Hecker Pass property owners or future developers shall offer the 3 -acre neighborhood
park to the City of Gilroy for future purchase. (According to the DA, the park will be
built and offered for dedication to City prior to issuance of a building permit for the
250th residence on the Subject Property. Exhibit F, page 3) (HPSP Policy 5 -19)
20. To ensure the preservation of designated open space areas in perpetuity, permanent
open space easements, deed restrictions, or other such instruments shall be created
for each property in each open space area at the earlier of (a) prior to or concurrent
with the first discretionary approval for projects for which no map is required; or (b)
prior to or concurrent with final map and /or parcel map approvals. In this instance, the
tentative map shall have this requirement as a condition of its approval, and that map
shall generally describe the area to be restricted (HPSP Policy 5 -20).
21. All proposed outfalls shall be designed to meet all state water quality standards and
shall obtain permits from all required resource agencies (HPSP Policy 5 -35).
22. For any recreational improvements proposed in or adjacent to the Uvas Creek riparian
corridor, which contains potential habitat for California tiger salamander, western
spadefoot toad, yellow - legged frog, California red - legged frog, western pond turtle,
steelhead, yellow- breasted chat, and /or yellow warbler, construction related activities
should be conducted outside of the rainy season. The project proponent shall retain a
qualified biologist to monitor construction activities occurring within 100 feet of the
Uvas Creek riparian corridor. If any special status species are observed at the site, a
qualified biologist shall salvage and relocate individual(s) to an appropriate area
outside of the construction zone. If California red - legged frog, a federally threatened
species, or California tiger salamander, a federally and state - listed threatened species,
are observed at the site, construction activities shall be halted and the USFWS and /or
California Department of Fish and Wildlife shall be contacted for further assistance
(HPSP Policy 5-43).
23. Pre - construction surveys for protected birds shall be conducted for improvements or
development proposed in or adjacent to potential nesting habitat (i.e., riparian
woodland) if development is proposed during the nesting and /or breeding season of
loggerhead shrike (generally February through June) or raptors (generally March
through August). If any active nests are found within survey area, at the discretion of
TM 13 -02, Exhibit A
Page 6
the biologist, clearing and construction within 250 feet shall be postponed or halted
until nests are vacated and juveniles have fledged and there is no evidence of a
second attempt at nesting (HPSP Policy 5-44).
24. All future developments shall pay school impact fees required by Gilroy Unified School
District to mitigate impacts on the public school system (HPSP Policy 6 -6).
25. Prior to the commencement of construction activities, the protected zone of any tree or
group of trees to be retained should be fenced to prevent injury to the trees during
construction under the supervision of an arborist (HPSP Policy 7 -9).
The 50 -inch coast live oak tree to be retained within the roundabout at the project
entrance from the extension of Third Street (identified as tree 655 in the arborist
report) shall be fenced to prevent injury to the tree during construction under the
supervision of an arborist. In addition, all conditions in the Tree Protection Plan
prepared by Live Oak Associates, Inc. dated July 26, 2013 shall be incorporated into
project plans.
Development Agreement: The following conditions are per the Development
Agreement, entitled City of Gilroy Development Agreement Relative to the Development
Known as Hecker Pass Specific Plan, Dated February 5, 2007. Unless that recorded
document is amended or superceded, these conditions shall remain in effect.
26. As a condition of recordation of the final map and after City approval of the final map,
the applicant shall pay $250,000, which is the 2nd installment of the Public Benefit
Fee, per the Development Agreement, Article 7, Section 7.7.
27. Prior to issuance of the 75th residential building permit, the intersection of Hecker
Pass Highway and Autumn Drive together with necessary acceleration and
deceleration lanes along the Highway, travel lanes, turn lanes and traffic signals
(together, the "West Intersection ") will be built and operational, per the Development
Agreement, Exhibit F B 1(a)(ii). Note: Staff and the applicant are currently consulting
with Caltrans regarding the potential for construction of a roundabout at this location.
28. Prior to issuance of the 75th residential building permit, the portions of Hecker Pass
Highway outside the intersection will be improved, as shown in Exhibit F -2, per the
Development Agreement, Exhibit F B 1 (b).
29. Utility Undergrounding (per the Development Agreement, Exhibit F, Section B,
Subsection c, Utility Undergrounding).
(i) All new utilities will be placed underground.
(ii) The existing PG &E overhead main line on the north side of Hecker Pass Highway
fro the Church Property to the bridge at Uvas Creek will be replaced with an
underground line routed through the Subject Property, as shown in Exhibit F -2.
Installation of this new underground line from the Church Property to the existing
TM 13 -02, Exhibit A
Page 7
overhead crossing at the Bank/Raleys Property frontage approximately one
thousand four hundred (1,400) feet east of the eastern edge of the Uvas Creek
bridge (the "West PG &E Crossing ") will begin during Phase 1 of the Project, and
will be completed as part of construction of the West Intersection. The remaining
segment between the West PG &E Crossing and the Uvas Creek bridge will be
constructed as described in subsection (v) below.
(iii) A new underground line also will be installed along the south side of Hecker Pass
Highway between the Church Property and Santa Teresa Boulevard, with the cost
for this segment reimbursed by the City. Overhead service entrances for existing
uses abutting Hecker Pass Highway will remain overhead until such time the uses
redevelop.
(iv) The existing overhead line along the north side of Hecker Pass Highway between
Santa Teresa Boulevard and the West PG &E Crossing will be removed by
Applicant once the new underground line described in subsections (ii) and (iii)
above is completed. The existing overhead line between the West PG &E Crossing
and the Uvas Creek bridge will be removed by Caltrans or Applicant once the new
underground line described in subsection (v) below is completed.
(v) The overhead line from the West PG &E Crossing west to the edge of the Specific
Plan Area is within the scope and geographic limits of the Caltrans bridge project
on Hecker Pass Highway and is expected to be handled by Caltrans as part of its
design and construction process. Applicant will design and install its
undergrounding to ensure there is no gap between the Caltrans current design for
undergrounding eastward from the bridge and Applicant's installation of
underground line up to the West PG &E Crossing, unless required by PG &E or
another controlling agency or entity; provided, Applicant shall not be responsible for
extending undergrounding beyond the West PG &E Crossing if Caltrans fails to
complete its own undergrounding as currently designed.
ENGINEERING DIVISION CONDITIONS
30. All work is to be done in compliance with the City of Gilroy Specifications Standards
and Design Criteria, Hecker Pass Special Plan, Hecker Pass Development Agreement
and Hecker Pass Specific Use District and is subject to all laws of this community by
reference. Street improvements and the design of all storm drainage, sewer and water
lines, and all street sections shall be in accordance with City Standards and Hecker
Pass Specific Plan, Hecker Pass Development Agreement and Hecker Pass Special
Use District, Hecker Pass Backbone Plans and shall follow the most current City
Master plan for streets and each utility.
31. Prior to recordation of the final map, the Third Street shall be designed to
accommodate a 35mph design speed. Third Street is called out as a collector in the
HPSP and per City Standards is to have a design speed of 35mph. Such design
elements may include super elevation of roadway and /or signage. Design is to be
reviewed and approved by the City of Gilroy's Public Works Department.
TM 13 -02, Exhibit A
Page 8
32. Prior to recordation of the final map, the detention facilities including but not limited to
drainage swales, channels, bio- basins, sediment basins and storm drain systems shall
be designed in a manner as to allow for future expansion of facilities as outlined and /or
indicated by the Hecker Pass Illustrative Infrastructure Master Plan, Detention Basin
Plan, Preliminary Backbone Infrastructure Master Plan and /or the Development
Agreement. The storm drain detention basin is to be designed and construction is to
be natural in appearance. Design is to be reviewed and approved by the City of
Gilroy's Public Works Department.
33. Prior to recordation of the final map, the developer shall provide a roundabout design
for the improvements indicated at the intersection of Third Street and Cobblestone
Court. Said design is to be prepared by a Traffic Engineer or a Civil Engineer qualified
in roundabout design and shall be per Caltrans Standards. Developer shall be required
to receive approval, of the desired design consultant for the said design, by City of
Gilroy Public Works Department prior to commencement and submittal of any design
drawings for review. If, after the design and approval of the roundabout, it is found that
additional right -of -way is necessary for the full roundabout improvements, developer
shall obtain all such right -of -way prior to final map recordation and /or as conditioned
herein.
34. All storm drain run -off (with the exception of that runoff coming from outside the
Specific Plan area or from existing improvements within the Specific Plan area) must
be pre- treated prior to entrance into public storm drain system. Pre - treatment
measures must be reviewed and approved by the Engineering Division prior to Final
Map and /or Improvement Plan approval.
35. Any work in the public right -of -way shall require a traffic control plan prepared by a
licensed, professional engineer with experience in preparing such plans. Traffic
Control Plan shall be prepared in accordance with the requirements of the latest
edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control
Plan shall be submitted to Public Works for review and approval prior to issuance of a
grading permit.
36. As part of the first submittal for Final Map, the developer shall submit vector based
electronic files readable by AutoCAD and in PDF format. Additionally, after the Final
Map and Improvement Plans have been found to be technically correct and in
substantial conformance with the Tentative Map, the developer shall again submit
vector based electronic files readable by AutoCAD and in PDF format.
37. A SWPPP and an Erosion Control Plan is required for all development over 1 acre and
shall be filed with the City. WDID# shall be provided prior to Improvement Plan / Final
Map approval.
TM 13 -02, Exhibit A
Page 9
38. Prior to Final Map approval, the developer shall submit an estimate of the probable
cost of improvements, pay all plan check and inspection fees, enter into a property
improvement agreement, and provide payment and performance bonds.
39. Improvement plans are required for all on -site and off -site improvements. Priorto Final
Map approval and approval of the Improvement Plans, the following items will need to
be completed:
(A) The developer shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and cables
including the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction structures
as a part of the Improvement Plan submittals for the project. A licensed Civil or
Electrical Engineer shall sign the composite drawings and /or utility improvement
plans. (All dry utilities shall be placed underground.)
(B) The developer shall negotiate right -of -way with Pacific Gas and Electric and other
utilities subject to the review and approval by the Engineering Division and the
utility companies.
(C) "Will Serve Letters" from each utility company for the subdivision shall be supplied
to the City.
(D)The City will collect the plan check and inspection fee for the utility underground
work.
40. Prior to any construction of the dry utilities in the field, the following will need to be
supplied to the City:
(A) A professional engineer- signed and PG &E- approved original electric plan.
(B) A letter from the design Electrical or Civil Engineer that states the electrical plan
conforms to City Codes and Standards, and to the approved subdivision
improvement plans.
41. All lots shall drain to the street for storm drainage unless otherwise approved by the
City Engineer.
42. Submit a Hazardous Material clearance for any underground tank removal from the
appropriate agency.
43. Storm and sewer lines in private streets shall be privately maintained unless approved
by the City Engineer in writing.
44. Within 30 days of the tentative map approval, the developer shall submit an 8 -1/2 X
11 -inch site plan to the Engineering Division to assign addressing which shows the
following: tract name and number, lot number, street names, property lines, right -of-
way lines, north arrow and curb cuts for driveway.
45. A Final Map with all required dedications shall be filed with the Santa Clara County
Recorder's Office with a copy transmitted to the City.
TM 13 -02, Exhibit A
Page 10
46. If creating a Homeowners Association, Conditions, Covenants and Restrictions and /or
property owner's Maintenance Agreement, the document shall be reviewed and
approved by the Public Works Department, Fire and the Planning Division prior to the
Final Map being released for recordation.
47. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and
Public Facilities Development Impact Fees. Payment of Street Tree and Storm
Development Impact Fees is required prior to approval of the Final Map. Sewer,
Water, Traffic, and Public Facilities Development Impact Fees are due at time of
building permit.
48. Applicant shall provide funding mechanism for maintenance of open space,
landscaping, storm water quality treatment basins, private streets and private utilities.
49. If project is not approved prior to March 6, 2014, it will be subject to post - construction
water quality requirements per RWQCB.
50. If access to adjacent property will be necessary to construct proposed improvements,
a letter granting access will be required prior to Final Map approval.
51. Sanitary sewer laterals and /or water meters located in driveways shall have traffic
rated boxes and lids.
52. Water services shall be 1.5" minimum with 1" meter. Service /meter shall upsized if
necessary water pressure is not met.
53. Work in Caltrans' right -of -way requires an encroachment permit.
54. Wireless service shall be provided per Hecker Pass Specific Plan Development
Agreement.
55. The east detention basin situated along Third Street will be designed in a natural
appearing configuration utilizing contours grading techniques and natural landscape
features. The final design will be determined by the City during the park design phase
of the project.
56. The lowest floor shall be at least 1 foot higher than the base flood elevation (BFE) as
shown on the latest FEMA Flood Insurance Rate Map. If no BFE is available, the
lowest floor shall be 1 foot above the nearest high point in the drainage release path,
or 2 feet higher than lowest top of curb.
57. (a) The HOA shall maintain the landscaping in the center of the roundabout in all
roundabouts on private streets.
TM 13 -02, Exhibit A
Page 11
(b) The developer shall annex the project into the Citywide Landscape Maintenance
Community Facilities District for the landscape maintenance within the roundabout
at the intersection of Third Street and Cobblestone Court prior to final map
approval. Public art will not be maintained by the City. If the design of center of
the roundabout includes public art, the maintenance and repair /replacement shall
be the responsibility of the HOA.
58. Public Service Easement north of Cobblestone Court shall be same width as
Cobblestone Court per A/S 05 -54 Conditions of Approval.
59. Regarding the park and trail, the conceptual plan with the construction layout sheet will
be needed for start of the general City approval steps. We expect six steps minimum
which may require updating for comments before moving to the next review/ approval
step:
(A) DRG/TAC (two part process by all City Departments) review of updated conceptual
park and Uvas Class I trail design;
(B) Park and Recreation Commission - Public hearing and recommendation for
approval to City Council of updated conceptual design;
(C) City Council review and approval of updated conceptual design;
(D) Obtain Habitat Conservation Plan Permit;
(E) Full construction improvement plan review by City departments & any non -City
permitting agency requiring same; and
(F) Final full construction plans to City for City park construction Permit(s).
60. Final streetlight locations shall be to the satisfaction of the City Traffic Engineer.
61. Houses constructed in the AE zone will require an elevation certificate prior to building
final.
62. Storm drain treatment shall be in conformance with Section 27D of the Municipal
Code.
63. Final design of the traffic circle at Tarragon Drive shall be to the satisfaction of the City
Traffic Engineer.
64. On Sheet TM-4, handicap ramps shall be constructed on both sides of Rosemary
Drive at the project entrance.
65. The sidewalk on Sheet TM -13 shall conform to the existing conditions per ADA
Standards.
66. Prior to approval of the Final Map, the applicant shall conduct a traffic operation study
at the Third Street/Isabella Way intersection to gage any anticipated access limitation
for the residents of Village Green. The study shall address all way stop sign warrant,
traffic signal analysis, pedestrian crosswalk analysis, and any other safety measures,
TM 13 -02, Exhibit A
Page 12
as determined by the City's Transportation Engineer. Should the analyses indicate that
mitigation measures are warranted, the applicant will be required to construct the
improvements at an amount not to exceed $60,000.00 or may contribute said amount
to the City, at the sole discretion of the City Engineer.
a) The applicant will provide for street lights consistent with the Public Works
standard for residential and collector/ arterial street requirements at on and off
site portions of the development, with the exception that the lighting will use
Light Emitting Diode (LED) technology. On collector/ arterial streets the lighting
hardware shall follow the city's type 15 (cobra head) standard incorporating LED
fixtures to replace 70 Watt HPS and 100 Watt HPS fixtures as appropriate. On
residential streets the lighting hardware shall follow the city's Granville
Holophane decorative lamp standard incorporating LED fixtures to replace 150
Watt and 200 Watt fixtures as appropriate. The applicant shall conduct its
Illuminance study taking into account LED photogrammetric conditions.
b) The applicant will provide a comprehensive traffic study and render measures
and devices, in an amount not to exceed $60,000, to address the safety of the
intersection of Isabella Way at Third Street. Note: Residents at the Village
Green community adjacent the development have expressed concerns over the
continued ease of use of the existing intersection once Third Street is extended
west into the applicant's development. City Council has directed that a traffic
study be performed and findings reported back to the City Council on proposed
measures to address these concerns.
The study shall include but not be limited to:
• Intersection warrant review, pedestrian crossings review, sight distance analysis
that considers elderly driver perception- reaction times using future build -out
projected traffic volumes of the area, and traffic calming measures as
appropriate. The study area will include the Third Street corridor from just
beyond the westerly limits of the proposed Cobblestone Court roundabout, the
Isabella Way intersection, the intersection of Third and Santa Teresa Blvd, and
the easterly potion of Third Street to the intersection of Uvas Park Drive.
• Design and construction of publically used horseshoe pits to be located at City
parklands as directed by the Public Works Director, and
• Final engineering for an uplit LED lighted crosswalk across Third Street between
Isabella and Santa Teresa Blvd to facilitate pedestrian crossings between Village
Green and the proposed horseshoe pits at City park lands across from Village
Green, and
• Preliminary (25 -30 %) engineering for an ADA compliant sidewalk to connect the
above mentioned crosswalk to the horseshoe pits, and
• Signing and markings layouts to declare the vicinity of Village Green an MUTCD
compliant Senior Center zone (25 mph), and
• Conceptual (5 -10 %) engineering and artistic rendering of a median treatment
along Third Street between Cobblestone and Santa Teresa, and
• Conceptual engineering option to provide a "right- turn -in, right -tum -out" and
landscaped median across the Isabella Way intersection, and
TM 13 -02, Exhibit A
Page 13
• Conceptual engineering option to convert the existing Third Street/ Santa Teresa
Blvd intersection to a multi -lane roundabout, and
• Traffic calming measures, treatments, and devices along the entire Third Street
corridor mentioned earlier. In particular, the study will address methods to calm
traffic for the entrance to existing neighborhoods east of the Third /Santa Teresa
intersection, and in the vicinity of the Village Green community.
• Final engineering documents to provide for a color- treated embossed asphalt
intersection treatment at Isabella/ Third, and construction thereof.
The study will provide findings and recommendations for initial staff review and final
public review at a subsequent City Council meeting. Conceptual and preliminary
engineering will be produced to facilitate final engineering by others. Artistic
renderings will be produced in a manner suitable for public display and shall include
an electronic copy for City Council presentation purposes. Final engineering
measures and devices will be "build ready" for installation by applicant.
FIRE DEPARTMENT CONDITIONS
67. TM Conditions shall be included on off -site improvement plans as "Fire Department
Notes ". Prior to street completion the Fire Marshal shall be contacted and a fire
clearance for off -site improvements be scheduled. No building permits will be issued
without a Fire —Off -Site Improvement Inspection and Fire Flow Test administered by
the Fire Marshal.
68. Ensure Turning Radius of Traffic Circles is compatible with Fire Apparatus. Mountable
islands and aprons shall be reviewed and approved by the Fire Marshal prior to
improvement plan submittal. They shall be compatible with fire apparatus and not
result in reduced speed by the apparatus. Provide details
69. All homes shall be provided with water laterals and meters sized to allow for a
residential NFPA 13d fire sprinkler system. Off site improvement plan shall provide all
homes shall be provided with 1.5 inch water laterals and 1" meters sized to allow for a
residential NFPA 13d fire sprinkler system. Submit calculations by an FPE that show
the 8 inch loop will provide the requisite fire flow to support 13d systems and Fire
Hydrant system. This will be waived if a second connection to the City infrastructure is
provided.
70. Condition to be noted on Improvement Plans. Gated Access Roadways shall be
provided with electronic and provided with an opening system compatible with the Fire
Department equipment as well as KNOX key over ride for Fire and Police access. Gate
system to be submitted for a separate Building /Fire Permit at time of construction.
71. Condition to be plan checked at Improvement Plan Review: Fire Hydrants shall be able
to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced
every 300 ft, and within 150 ft of any building. Off site improvement plan shall provide
TM 13 -02, Exhibit A
Page 14
Fire Hydrants per the City Standard. Hydrants shall be installed prior to
commencement of construction with combustible materials
72. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance
of not less than 13.5 ft shall be provided. Turning radius shall not be less than
32' inside and 39'. Dead end public streets in shall be provided with a cul-de -sac of
78' diameter. Private dead end streets shall meet one of the Fire Department standard
turn around configurations. Road widths shall be as follows:
(A) Less than 28 ft., no parking on either side
(B) Less than 36 ft,. no parking on one side.
(C) At or over 36 ft., parking not restricted.
73. Where parking is restricted, it shall be posted with signs for No Parking -Fire Lane and
curbs shall be painted red. Include details in Off -Site improvement plans.
74. Addresses shall be assigned by the City Engineering Section prior to improvement
plan and building permit submittal. Street signage shall be installed prior to any on -site
improvements (foundations or buildings) has begun.
75. If phasing of construction is done, an approval of fire access and water supply shall be
obtained as part of the phasing plan.
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2013 -43 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 4t' day of November, 2013, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City off Gilroy this Oh da�f November, 2013.
Yna Freels, MMC--'
Clerk of the City of Gilroy
(Seal)