Resolution 2014-52RESOLUTION NO. 2014-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING ARCHITECTURAL & SITE
REVIEW APPLICATION AS 13 -33, FOR A 263 -UNIT
APARTMENT PROJECT WITH 2,700 SQ. FT.
COMMERCIAL SPACE AND 2,500 SQ. FT. OF
COMMUNITY MEETING SPACE AND APPROXIMATELY
35,000 SQ. FT. OF RECREATIONAL COURTYARDS
LOCATED AT THE SOUTHWEST CORNER OF 10TH
STREET AND ALEXANDER STREET, APNS 841 -16 -061,
841 -16 -029 AND 841 -16 -004
WHEREAS, Jan Hochhauser, representing The Pacific Companies, submitted an
application requesting Architectural & Site Review for a 263 -unit apartment project with 2,700
sq. ft. of commercial space and 2,500 sq. ft. of community meeting space and associated
landscaping and other public and private improvements ("AS 13 -33 "); and
WHEREAS, the subject property is located at the southwest corner of 10th Street and
Alexander Street; and
WHEREAS, AS 13 -33 was referred to various public utility companies, City
departments, including the Technical Advisory Committee for recommendations, and the
Planning Commission; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 7,
2014, at which time the Planning Commission considered the public testimony, the staff report
dated August 7, 2014 ( "Planning Commission Staff Report"), and all other documentation
related to AS 13 -33, and recommended that the City Council approve said application with 105
conditions; and
WHEREAS, the City Council held a duly noticed public hearing on August 18, 2014, and
considered the public testimony, the Planning Commission Staff Report, and all other
documentation related to application AS 13 -33 and requested City Staff to prepare resolutions of
approval for the Project; and
RESOLUTION NO. 2014-52
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WHEREAS, the City Council of the City of Gilroy has considered AS 13 -33 in
accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations;
and
WHEREAS, the City Council of the City of Gilroy finds AS 13 -33 conforms to the City's
General Plan and elements thereof, including the Downtown Specific Plan; and
WHEREAS, a Mitigated Negative Declaration (MND) has been adopted for the
Downtown Specific Plan, and the proposed development is consistent with that Specific Plan,
therefore, no further environmental analysis is required by the California Environmental
Quality Act; 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:
SECTION I
The City Council hereby adopts the findings as required by Zoning Ordinance Section
50.55 based upon substantial evidence in the entire record as summarized below:
1. AS 13 -33 conforms to the Gilroy General Plan in terms of general location and standards
of development.
2. AS 13 -33 will assist in the creation of a variety of housing types and sizes, which will fill
a specific need of the surrounding area and assist the City in meeting its housing goals.
3. AS 13 -33 will not require urban services beyond those that are currently available.
4. AS 13 -33 conforms to the Downtown Specific Plan, which is harmonious and integrated.
5. AS 13 -33 is an infill project, surrounded on all sides by urban development, which is an
economic and efficient use of land.
6. AS 13 -33 includes greater provisions for landscaping and open space than would
generally be required, which includes two interior courtyards for recreational use and a
landscaped setback of approximately 20 feet from Alexander Street where 0 to 10 feet is
normally provided.
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DUNG0104706083
7. The mixed -use project meets City design standards as set forth in the Downtown Specific
Plan to create attractive buildings, open space and site design to blend with the character
of surrounding areas.
8. AS 13 -33 would not create traffic congestion, noise, odor or other adverse effects on
surrounding areas with the implementation of mitigation measures adopted for the
Downtown Specific Plan and as apply to this site.
9. AS 13 -33 will provide adequate access, parking, landscaping, trash areas and storage, as
necessary.
10. The applicant agrees with the necessity of and accepts all elements, requirements, and
conditions of this resolution as being a reasonable manner of preserving, protecting,
providing for, and fostering the health, safety, and welfare of the citizenry in general and
the persons who work, visit or live in this project in particular.
SECTION II
The City Council of the City of Gilroy hereby approves AS 13 -33, subject to the
conditions of approval set forth in Exhibit "A" attached hereto.
SECTION III
This Resolution shall take effect only if, and upon the same date that Ordinance 2014 -_
takes effect approving Z 13 -07. If said Ordinance does not take effect, then this Resolution shall
be null and void without further action by the City Council, and application A/S 13 -33 shall be
deemed denied.
vote:
PASSED AND ADOPTED this 22nd day of September, 2014 by the following roll call
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, LEORE-
MUNOZ, WOODWARD and GAGE
NOES: BRACCO, TUCKER
ABSENT: NONE
APPROVED:
Donald Gage, ayor
ATTEST:
r
Sharma Freels, City Clerk
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Architectural & Site Approval (AS 13 -33) Final Conditions
(Exhibit A)
GENERAL PROJECT CONDITIONS
1. This permit is granted for the property described in the application on file with the
Planning Division, and may not be transferred from one property to another, unless a
request is requested and granted by the Planning Director, pursuant to the City
Code.
2. This permit is granted for approved plans ( "the plans ") on file with the Planning
Division. The project shall conform to the plans, except as otherwise specified in
these conditions. Any subsequent modification or deviation to the plans shall be
considered pursuant to City Code requirements or policies adopted by City Council.
3. Approval of this Architectural & Site Review is subject to approval of Zoning
application Z 13 -07, Conditional Use Permit application CUP 13 -10 and RDOHE 13-
03.
4. Developer shall obtain building permits for the plans within one (1) year from the
date of this permit approval. If such buildings permits for Phase 1 are not received
within the time frame, this permit shall automatically become null and void. In
addition, failure to receive building permit approval for Phase 2 of the project within
five. years from the date of this permit approval shall cause it along with all related
entitlements to automatically become null and void.
5. Should Developer intend to request an extension to the permit expiration date,
Developer must submit to the Planning Division a written application with applicable
fees prior to the expiration date. Only timely requests shall be considered pursuant
to the City Code.
6. By commencing any activity related to the project or using any structure authorized
by this permit, Developer accepts all of the conditions and obligations imposed by
this permit and waives any challenge to the validity of the conditions and obligations
stated therein.
7. Developer shall complete all required off -site and on -site improvements related to
the project, including structures, paving, and landscaping, prior to occupancy unless
otherwise allowed by the Community Development Director.
8. Developer agrees, as a condition of adoption of this resolution, at Developer's own
expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers,
AS 13 -33 Final Conditions
Page 2
contractors, consultants, attorneys, employees and agents from any and all claim(s),
action(s) or proceeding(s) brought against City or it's 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.
9. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form,
using the form provided by the City, for recording with the Santa Clara County
Recorder. Before the City issues building permits, Developer shall submit the
original completed, signed and notarized document, together with any required fees
to the Planning Manager.
10. If Developer, owner or tenant fails to comply with any of the conditions of this permit,
the Developer, owner or tenant shall be subject to a civil fine and /or permit
revocation pursuant to the City Code.
11. Prior to issuance of building permits, Developer shall correct all violations of the City
Code existing on the project property for which the City has open cases.
PLANNING DIVISION CONDITIONS
12. 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.
13. Developer shall revise the Architectural and Site Review application plans to
address the following items. The revised plans and other items identified below shall
be submitted to and approved by the Planning Division prior to issuance of building
permits for the project.
Site Plan
A. The drive aisle between the two buildings and connecting the west parking lot to
Alexander St. shall be widened to 24 ft.
B. The westerly north -south drive aisle (nearest the Union Pacific rail line) shall be
widened to 25 feet to conform to minimum City standards.
AS 13-33 Final Conditions
Page 3
C. A minimum of one break between the two north -south drive aisles shall be
provided to improve on -site circulation. At least one of the breaks provided shall
be located opposite the drive aisle between the project buildings.
D. All project driveways shall be designed to provide a 40 -foot throat, as measured
from the face of curb unless a shorter length is approved by the Director of Public
Works.
E. The throats of the drive aisle that provide access to the parking area between the
two building shall be modified to provide turn - around areas for vehicles that
approach the proposed gates and are unable to gain access to this area.
Alternatively, the gated access may be eliminated and pedestrian access to the
courtyard areas provided by some other means.
F. Tandem spaces with a length of less than 18 feet shall be eliminated or
otherwise modified to conform to minimum City standards. A maximum of 20
percent of the parking spaces may be compact, measuring no less than 8 feet by
15.5 feet.
G. The tandem spaces shown on the western side of the buildings shall be
relocated to the more westerly north -south drive aisle so as to provide more
guest spaces in closer proximity to the buildings and reduce congestion in the
main traffic aisle.
H. Prior to issuance of a building permit, a parking management plan be submitted
and approved by the Planning Manager that indicates the location of guest
spaces and the assignment of spaces to units within the project. Should the
number of parking spaces provided be less than required by Code, said plan
shall substantiate the adequacy and proper functioning of the number of spaces
provided to meet the needs of the development.
Architectural Plans
I. The location of the management office shall be shown on the plans. The design
and location of the office shall not compromise the security of the buildings for
residents and shall not reduce the size of the retail or community space
designated for the 10th St. frontage by more than 10 percent.
J. Detailed architectural plans depicting the proposed awnings, ceramic tiles over
the commercial frontage, metal wall trellis on the 10th St frontage, and the 10th St.
/ Alexander St. entrance to the project shall be submitted. Cut sheets showing
the trellis and tiles shall also be submitted.
K. The design and location of all building- mounted and freestanding lighting fixtures,
taking into account the results of the photometric study of the parking lot and all
exterior project grounds, required by the Police Department.
AS 13 -33 Final Conditions
Page 4
L. Detailed plans for improvement to the community space on the first floor facing
10th St. Those improvements should be coordinated with the Community
Services Department and shall include, but not be limited to bathrooms, storage
closet and a kitchenette. Additionally, the applicant should work with Community
Services staff to reach mutual agreement on the use and amenities provided in
this space.
Landscape Plans and Fencing
M. The landscape areas between the parking lot and 10th St. and the parking lot and
Alexander St. shall be increased to a width of not less than 10 feet and the walls
proposed for these areas eliminated.
N. All landscape islands that do not contain trees shall have a minimum planting
width of 5 feet and those containing trees shall have a minimum planting width of
6 feet. Additionally, a landscape island shall be added to the end of the central
parking bay near Alexander St. in order to protect vehicles parked in those
spaces from turning and backing movements by other vehicles in the vicinity.
O. Revised landscape plans which show screening of the proposed backflow
preventers shall be submitted.
P. Detailed plans for development of the two courtyard recreational areas including
but not limited to paving materials, benches and play structures shall be
approved by the Planning Manager in conjunction with the Recreation
Department.
Q. Public art shall be provided at the entrance to the project at the 10th St. and
Alexander. St. intersection, to the approval of the Arts and Culture Commission.
R. A detailed landscape plan that indicates the specific plant material to be used at
each location and its sizes shall be submitted. Consistent with the Downtown
Design Plan at least half of the proposed trees shall have a minimum 24 -inch box
size.
S. A detailed irrigation plan and documentation of compliance with the City's
landscape water conservation ordinance shall be submitted.
T. All fencing shall be of a tubular steel design with the exception that a six -foot tall
masonry wall shall be constructed along the southern property boundary. All
fencing shall be installed with the .first phase of project construction.
AS 13 -33 Final Conditions
Page 5
Project Phasing
U. Should the project be proposed to be developed in phases, the following
conditions shall be applied at Phase 1 in addition to the conditions applicable to
full buildout of the project.
This project shall conform to the plans prepared by Hochhauser Blatter, titled
San Ysidro Courts — Phase I Concept, Gilroy California, with the most recent
submittal dated July 2, 2014 and stamped "approved," except as modified by
the City Council's approval of these applications and conditions of approval.
Revised plans depicting the following shall be submitted to and approved by
the Planning Division prior to issuance of building permits for the project.
• The southerly building elevations shall be modified to include variation in
the horizontal plane similar to that included on the other elevations of the
building.
• The landscaping plan shall be modified to include groundcover in the area
on the southern side of the parking lot on the south side of the building
and landscaping of the Alexander St. frontage to the southern property
line with a minimum width of 10 feet.
• The emergency access across the undeveloped phase 2 area shall
consist of an all- weather surface capable of supporting the weight of
emergency response vehicles.
• Building permits for any subsequent phases of the development must be
obtained within five years of the date of this approval.
Other Project Aspects
14. Prior to issuance of building permits, Developer shall merge Assessor Parcel #841-
16 -004 with Assessor Parcel #841 -16 -029 to reflect the development of the property
as a single project and to eliminate any related zoning inconsistencies. Additionally,
should the project be phased and the Developer wish to create separate parcels for
each phase, a parcel map shall be required. Said parcel map shall be approved and
recorded prior to issuance of building permits for the project.
15. Prior to issuance of building permits, at the Developer's request, the vacation of
Banes Lane shall be approved by the City Council.
16. Prior to issuance of building permits, the applicant shall submit and receive approval
of a plan that will eliminate the potential for the placement of any satellite dishes
located on the exterior of individual apartment units in the project. Such plan shall
be to the satisfaction of the Planning Manager.
AS 13 -33 Final Conditions
Page 6
17. Prior to issuance of building permits, Developer shall enter into an agreement with
the City that will ensure the continued affordability of all units within the project for a
minimum period of 30 years. A longer period may be necessary if required by the
construction or mortgage financing assistance program, mortgage insurance
program or rental subsidy program. Ninety percent of the units for each phase of the
project shall be affordable to households with incomes 60 percent or less of the
County median income and 10 percent of the units of each phase shall be affordable
to households with incomes 50 percent or less of the County median income.
Additionally, prior to issuance of building permits, the applicant shall execute and
record at the Santa Clara County Recorder's Office a deed restriction that explains
the affordability requirement and ensures the continued affordability as defined in the
agreement.
PUBLIC WORKS DEPARTMENT CONDITIONS
18. Prior to issuance of any grading or building permits, developer shall submit civil
improvement plans for detailed review, comment, and revisions, as determined
necessary by the Public Works Director. The following conditions are solely based
on the conceptual architectural and site application, not a complete project submittal.
Additional comments and conditions may be provided once civil improvement plans
are submitted.
19. FEES. The developer shall pay all city and other related fees that the property is
subject to. These fees shall be based on the current comprehensive fee schedule in
effect at the time of fee payment and in accordance with city policy.
20. ACCEPTANCE OF IMPROVEMENTS. Until such time as the Improvements are
accepted by the City, the Developer shall be responsible for and bear the risk of loss
to any of the Improvements constructed or installed. Until such time as individual
improvements are fully completed and accepted by the City, the Developer will be
responsible for the care, maintenance of, and any damage to such Improvements.
The 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 specified prior to the completion and acceptance of the work
or Improvements. All such risks shall be the responsibility of and are hereby
assumed by the Developer.
21. START OF CONSTRUCTION. Developer shall notify the City at least two (2)
working days prior to the start of any construction work and at that time the
contractor shall provide a project schedule and a 24 -hour emergency telephone
number list.
22. PRE CONSTRUCTION. Prior to issuance of building permits commencement of off -
site improvements, the developer is shall conduct a pre - construction meeting with
the City.
AS 13 -33 Final Conditions
Page 7
23. CONFORMANCE. The developer shall construct all work shown on the
improvement plans in conformance with those plans, subject to the inspection by
and approval of the Public Works Department. The contractor shall remove all
uninspected work at the developer's /contractor's expense, as deemed appropriate
by the City Engineer.
24. ENCROACHMENT PERMIT. The developer shall be required to obtain a City of
Gilroy encroachment permit for all work (i.e. sidewalk, curb, gutter, driveway,
roadway, alley, etc.) in the City right of way.
25. UTILITIES. No utility boxes are allowed to be constructed in the sidewalk without
prior written approval by the City Engineer.
26. PRIVATE UTILITIES. Storm and sewer lines in private areas shall be privately
maintained unless approved by the City Engineer in writing.
27. MONUMENTS.
a. The developer shall set a minimum of one exterior monument. Additional
monuments may be required by the City Engineer or City Surveyor as deemed
necessary.
b. Location of monuments shall be tied out prior to work. Any City monuments
damaged, displaced or destroyed shall be replaced at the developer's sole
expense.
28. NOTICING. At least one week prior to commencement of work, the developer shall
post the site and mail to owners of property within (300') three hundred feet of the
exterior boundary of the project site, to the homeowner associations of nearby
residential projects and to the Engineering Department, 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.
29. FIRE FLOW. The developer shall demonstrate acceptable fire hydrant fire flow tests
for the highest hydrant in each water pressure zone prior to acceptance of the public
water system, phased production, or any building permit finals (add to general notes
on Plan Title sheet).
30. FENCING. The developer shall provide security fencing, to the satisfaction of the
City Engineer around the site during construction of the project.
AS 13 -33 Final Conditions
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31. PLANTING & IRRIGATION. The developer shall submit a conceptual planting and
irrigation plan for all planting within the public right of way concurrent with the
improvement plans requiring such improvements, subject to Planning Division and
Engineering Division approval.
32. CONSTRUCTION STAGING. Contractor shall provide the City a construction
staging plan prior to issuance of building permits commencement of off -site
improvements for approval of the City Engineer and the City Traffic Engineer.
33. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all
excavations and grading shall be inspected by the Developer's soils engineer prior
to placement of concrete and /or backfill so they can verify that the actual conditions
are as anticipated in the design -level geotechnical report, and recommend
appropriate changes in the recommendations contained in the report, if necessary.
The results of the construction observation and testing should be documented in an
"as- built" letter /report prepared by the applicants' soils engineer and submitted to the
City before final release of any occupancy permit is granted.
34. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided
stating that the building foundation was constructed in accordance with the approved
plans shall be provided subsequent to foundation construction and prior to
construction on the structure. The pad certification shall address both vertical and
horizontal foundation placement.
35. SITE PREPARATION. Site preparation and fill construction shall be conducted
under the observation of, and tested by, a licensed soils or geotechnical engineer. A
report shall be filed with the City of Gilroy stating that all site preparation and fill
construction meets the requirements of the geotechnical investigation. This shall be
subject to review and approval by the Engineering Division.
36. GENERAL. All public improvements shall be made according to the latest adopted
City Standard Drawings and the City Standard Specifications. All work shall conform
to the applicable City ordinances. The adjacent public right -of -way shall be kept
clear of all job related dirt and debris at the end of the day. Dirt and debris shall not
be washed into storm drainage facilities. The storing of goods and materials on the
sidewalk and /or the street will not be allowed unless a special permit is issued. The
developer's representative in charge shall be at the job site during all working hours.
Failure to maintain the public right -of -way according to this condition may result in
the City performing the required maintenance at the developer's expense.
37. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Department. A Notice of Intent (NOI) and Storm Water
Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay
Regional Water Quality Control Board for projects disturbing more than one acre. A
maximum of two weeks is allowed between clearing of an area and
stabilizing/building on an area if grading is allowed during the rainy season. Interim
AS 13-33 Final Conditions
Page 9
erosion control measures, to be carried out during construction and before
installation of the final landscaping shall be included. Interim erosion control method
shall include, but are not limited to: silt fences, fiber rolls (with locations and details),
erosion control blankets, City standard seeding specification, filter berms, check
dams, retention basins, etc. Provide erosion control measures as needed to protect
downstream water quality during winter months. The grading, drainage, erosion
control plans and SWPPP shall be in compliance with applicable measures
contained in the amended provisions of NPDES Permit.
38. GRADING.
a. All grading activity shall address National Pollutant Discharge Elimination system
( NPDES) concerns. If all or part of the construction occurs during the rainy
season, the developer shall submit an Erosion Control Plan to the City Engineer
for review and approval. This plan shall incorporate erosion control devices and
other techniques in accordance with Municipal Code § 27C to minimize erosion.
Specific measures to control sediment runoff, construction pollution and other
potential construction contamination 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 shall be filed with the Regional Water Quality Control Board, with
a copy provided to the Engineering Department before a grading permit will be
issued.
b. GRADING. All grading operations and soil compaction activities shall be per the
approved project geotechnical report that was prepared for the design of the
project and shall meet with the approval of the City Engineer. Site preparation
and cut/fill construction shall be conducted under the observation of, and tested
by, a licensed soils or geotechnical engineer. A report shall be filed with the City
of Gilroy for each phase of construction, stating that all site preparation and
cut/fill construction were performed in conformance with the requirements of the
project geotechnical report. This shall be subject to review and approval by the
Engineering Division. The developer shall add this condition to the general notes
on the grading plan.
c. GRADING. Prior to issuance of any permit, the Developer's soils engineer shall
review the final grading and drainage plans to ensure that designs for
foundations, retaining walls, site grading, and site drainage are in accordance
with their recommendations and the peer review comments. The Developer's
soils engineer's approval shall then be conveyed to the City either by letter or by
signing the plans.
39. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated
gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to
park on the portion of a street which abuts property in a residential zone without prior
approval from the City Engineer (§ 15.40.070).
AS 13 -33 Final Conditions
Page 10
40. SILT AND MUD. It is the responsibility of contractor and homeowner to make sure
that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud,
silt, concrete and other construction debris shall not be washed into the City's storm
drains.
41. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or
replace all existing improvements not designated for removal that are damaged or
removed because of developer's operations. Improvements such as, but not limited
to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement
markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a
condition equal to or better than the original condition. Existing improvement to be
repaired or replaced shall be at the direction of the Engineering Construction
Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer
shall request a walk- through with the Engineering Construction Inspector before the
start of construction to verify existing conditions.
42. SIDEWALK REPAIR. The developer shall repair and replace to existing City
standards any sidewalk damaged now or during construction of this project.
Sidewalk repair shall match existing color, texture and design, and shall be
constructed per City Standard Details. The limits of sidewalk repair will be
determined by the Engineering Construction Inspector during the construction phase
of the project
43. CURB AND GUTTER. The developer shall repair and replace to existing City
standards any curb and gutter damaged now or during construction of this project.
New curb and gutter shall be constructed per City Standard Details. The limits of
curb and gutter repair will be determined by the Engineering Construction Inspector
during the construction phase of the project.
44. TRAFFIC CONTROL PLANS. Any work in the public right -of -way shall require a
signing and striping plan and a traffic control plan prepared by a California - licensed,
professional engineer with experience in preparing such plans. This plan shall be
reviewed by a licensed traffic engineer. Where proposed improvements are an
extension of an existing street and /or "conform" to existing, adjacent improvements,
signing and striping plans shall be overlaid on an existing, current aerial and shall
encompass the minimum areas indicated in the City's current policy. Traffic Control
Plan shall be prepared in accordance with the requirements of the latest edition of
the California Manual on Uniform Traffic Control Devices (MUTCD 2012).
45. RETAINING WALLS. Any retaining wall in excess of 48 inches tall (from the bottom
of the footing to the top of the wall or supporting a surcharge) will need to have a
building permit and engineering calculations (submitted to the Building Department).
46. BMP O &M AGREEMENT. Stormwater BMP Operation and Maintenance Agreement
shall be required.
AS 13 -33 Final Conditions
Page 11
a. Prior to the issuance of any building permit requiring stormwater management BMPs,
the owner(s) of the site shall enter into a formal written stormwater BMP operation
and maintenance agreement with the city. The city shall record this agreement,
against the property or properties involved, with the County of Santa Clara and it
shall be binding on all subsequent owners of land served by the storm water
management treatment BMPs (City standard STORMWATER BMP OPERATION
AND MAINTENANCE AGREEMENT to be provided by Public Works Engineering).
b. The stormwater BMP operation and maintenance agreement shall require that the
BMPs not be modified and BMP maintenance activities not after the designed
function of the facility from its original design unless approved by the city prior to the
commencement of the proposed modification or maintenance activity
c. The stormwater BMP operation and maintenance agreement shall 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.
47.STORMWATER BMP OPERATION, MAINTENANCE, AND REPLACEMENT.
a. All on -site stormwater management facilities shall be operated and maintained in
good condition and promptly repaired /replaced by the property owner(s), an
owners' or homeowners' association or other legal entity approved by the city.
b. Any repairs or restoration/replacement and maintenance shall be in accordance with
city- approved plans.
c. 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.
48. STORMWATER BMP INSPECTION
a. The property owner(s) shall be responsible for having all stormwater management
facilities inspected for condition and function by a knowledgeable third party.
b. Unless otherwise required by the City Engineer or designee, stormwater facility
inspections shall be done at least twice per year, once in fall, in preparation for the
wet season, and once in winter. Written records shall be kept of all inspections and
shall include, at minimum, the following information:
i. Site address;
ii. Date and time of inspection;
iii. Name of the person conducting the inspection;
iv. List of stormwater facilities inspected;
AS 13-33 Final Conditions
Page 12
v. Condition of each stormwater facility inspected;
vi. Description of any needed maintenance or repairs; and
c. Upon completion of each inspection, an inspection report shall be submitted to Public
Works Engineering.
49. RECORDS OF BMP MAINTENANCE AND INSPECTION. On or before April 15th of
each year, the party responsible for the operation and maintenance of on -site
stormwater management facilities under the BMP operation and maintenance
agreement shall provide the City Engineer or designee with records of all
inspections, maintenance and repairs.
50. LANDSCAPE MAINTENANCE AGREEMENT. A Landscape and Maintenance
Agreement shall be required and recorded. Owner shall cause all Landscape
Improvements to be constructed and installed in a good and workmanlike manner, in
accordance with the Approved Landscape Plans, the TM Approval, the A/S
Approval, and all other federal, state, county, City and other governmental statutes,
laws, rules, orders, regulations, and ordinances (collectively, "Laws ") applicable to
the Project, at Owner's sole cost and expense.
51. MAINTENANCE PERIOD. A three year maintenance period shall be required for
landscaping in the public right of way.
52. TRAFFIC & TRANSPORTATION
a. Obtain Tenth Street frontage from Santa Clara County Roads and Airports for
City of Gilroy Street needs. Widen, pave and install street amenities including
sidewalks along Tenth Street frontage, and provide new infrastructure to meet
current City Standard.
b. The applicant will be required to install Minimum 10 -foot wide sidewalks along
Alexander and Tenth Street site frontages per City commercial /downtown
standards. It is preferred that the sidewalk along Tenth Street frontage be at
least 15 feet wide with tree wells at regular intervals and tree selections per
City Arborist recommended palate to provide a more pleasing boulevard
amenity.
c. Replace northerly sidewalk along Tenth between Alexander and Monterey
(between Wells Fargo bank and Chevron Gas Station) to current standard.
d. Sidewalks shall be provided along Alexander St. from the corner of Tenth St.
to the end of property line regardless of phasing approach, please show with
resubmittal.
AS 13 -33 Final Conditions
Page 13
e. Install new temporary asphaltic concrete sidewalk within the existing right of
way along southerly side of Tenth Street between the project and Monterey
St.
f. The applicant should make contact with VIA (roy.molseed(Wvta.ora) about
relocating the bus stop for VTA Line 19 service to the nearside Tenth Street
frontage. New bus pad and seated waiting area /bus shelter should
be included with this future high -use stop.
g. Bicycle lockers or bike racks sufficient for need should be built into a locked
enclosure or room, for exclusive use of tenants, and designed to minimize
bike thefts.
h. All streetlights on site serving the public right -of -way should be LED type per
city standard (2014)
i. Decorative pedestrian -level lighting may be installed along frontage sidewalks
at the applicant's discretion.
Install Bike route signage along Tenth Street per 2007 Project Mitigations.
k. Install north and southbound bike lanes and restripe street along Alexander
Street frontage.
POLICE DEPARTMENT CONDITIONS
53. The applicant shall prepare a safety plan for the project. That plan shall be reviewed
and approved by the Police Department prior to issuance of a building permit. That
plan shall include but not be limited to the provision of windows from the project
hallways into the community meeting and laundry rooms.
54. The applicant shall prepare a photometric study of the parking lot and all exterior
project grounds. That study shall be reviewed by the Police Department and the
lighting plan intended to implement the study shall be approved prior to issuance of
building permits.
55. The name of the project shall be changed so as to eliminate potential
miscommunication associated with emergency response. The new name shall be
reviewed and approved by the Police and Fire Departments prior to issuance of
building permits.
FIRE DEPARTMENT CONDITIONS
56. The residential portion of the buildings shall have a fire sprinkler system installed to
a modified 13R standard, with all concealed spaces. Garage shall be protected to
.2/2000 and the commercial area not less than .18/3000. A wet standpipe shall be
AS 13 -33 Final Conditions
Page 14
provided to all floors and the roof. Standpipe access shall be provided in a minimum
of 2 protected stair wells. The Fire Protection System shall be reviewed by a Fire
Protection Engineer and stamped that it meets the above requirements.
57. Installation of private fire mains and hydrants, including Fire Sprinkler underground
water supply lines requires a separate plan review and permit from Fire Prevention.
Note deferred submittal on building plans. See the Underground Fire Main guidance
document for standards and plan submittal process.
58. Provide a 3rd protected stairwell for Fire Access. An exiting analysis has not been
provided however a preliminary estimate done shows that the width of the 2 stairs
shown may be inadequate for the anticipated number of occupants and Fire entry
will be impacted by exiting occupants. To mitigate this, a minimum of an additional
protected access stair is required in the first phase. At the second phase a re-
evaluation of exiting will be made to determine the final number of protected
stairwells.
59. Applicant shall provide funds for the Fire Department to purchase a ladder of its
choice to be maintained at the property and stored at an acceptable location.
60. Smoke control shall be provided in the garage, corridors, and Fire Access Stairwell.
Unless modeling shows that the open nature of the corridors will provide for smoke
evacuation a means to remove smoke from exit passageways shall be provided.
61. Provide 32' inside diameter turning radius on internal roads and parking lots. With
minimum width of 26' along any roadways adjacent to the building.
62. Developer shall provide Fire Department access through travel (no turn around) on
the project site for each Phase of development. All vehicular access to and through
the projects shall include a minimum fifteen foot vertical clearance.
63. Elevator interior dimension shall not be less than 80" by 65 and shall be sufficient
for 2 EMS staff and a fully extended gurney.
64. Developer shall provide onsite parking enforcement at all times to ensure fire access
is maintained throughout the site.
65.Annually a fire inspection report shall be provided by a qualified third party inspector
to the Fire Marshal. The report shall summarize the findings of the inspector in
testing all Fire and Life Safety Systems, that the elevator and stairs are being
maintained clear and operable and that the fire lanes and any access gates are
maintained by the property manager.
66. Prior to issuance of a building permit, project shall provide an "in lieu of fee of $200
per unit to support the Fire Department and allied agencies in training and/or
equipment for providing services to the complex.
AS 13-33 Final Conditions
Page 15
MITIGATION MEASURES:
Prior to approval and issuance of the final improvement plans, the following mitigation
measures shall be implemented:
67. The project applicant shall specify in project plans the implementation of the
following dust control measures during grading and construction activities for the
proposed project. These and other measures shall be implemented as necessary to
adequately control dust, subject to the review and approval by the City of Gilroy
Engineering Division:
A) Water all construction areas at least twice daily;
B) Cover all trucks hauling soil, sand, and other loose materials;
C) Apply clean gravel, water, or non -toxic soil stabilizers on all unpaved access
roads, parking areas and staging areas at constructions sites;
D) Remove excess soils from paved access roads, parking areas and staging areas
at construction sites;
E) Sweep streets daily (with mechanical 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 miles per hour;
1) Install sandbags or other erosion control measures to prevent silt runoff to public
roadways;
J) Replant vegetation in disturbed areas as soon as possible;
K) Install wheel washers for all exiting trucks or wash off the tires or tracks of all
trucks and equipment leaving the construction site;
L) Install wind breaks at the windward sides of the construction areas; and
M) Suspend excavation and grading activities when wind (as instantaneous gusts)
exceeds 25 miles per hour;
N) The idling of all construction equipment shall not exceed five minutes;
O) Limit the hours of operation of heavy duty equipment and /or the amount of
equipment in use;
P) All equipment shall be properly tuned and maintained in accordance with the
manufacturer's specifications;
Q) When feasible, alternative fueled or electrical construction equipment shall be
used for the project site;
R) Use the minimum practical engine size for construction equipment; and
S) Gasoline - powered equipment shall be equipped with catalytic converters, where
feasible
AS 13-33 Final Conditions
Page 16
68.A soil management plan shall be developed to establish procedures in the event
unexpected contamination is encountered during demolition activities. The soils
report shall be subject to review and approval by the City of Gilroy Engineering
Division prior to issuance of building permits.
69.A Phase II investigation shall be performed to evaluate soil and groundwater quality
at the site. A copy of that investigation shall be provided to the Fire Marshall prior to
issuance of building permits. The recommendations of the Phase II shall be
implemented.
70. Asbestos and lead -based paint surveys shall be performed for the property. Copies
of those surveys shall be provided to and approved by the Fire Marshal prior to
issuance of building permits.
71. Gasoline and propane ASTs remaining on the subject property shall be removed in
accordance with applicable regulations.
72. Leakage from building operational system equipment shall be repaired and leaked
oil cleaned up.
73. The site will be surveyed for archaeological resources. A copy of the survey shall be
submitted to and approved by the Planning Division prior to the issuance of a
grading permit.
74. Prior to implementation of the project and demolition of existing buildings, the site
should be surveyed to determine the age of the buildings and to assess their
potential as historical resources. This mitigation measure shall be subject to the
review and approval of the Planning Division.
75. During the earth disturbing activities of construction, if any archaeological deposits
are encountered, a qualified professional archaeologist shall be summoned on -site
to document and monitor all subsurface prehistoric or historic deposits. All activities
in the area should cease within 50 meters of the find and the archaeologist should
inspect the discovery and prepare a recommendation for a further course of action.
This mitigation measure shall be subject to the review and approval of the Planning
Division.
76. If human remains are found during construction there shall be no further excavation
or disturbance of the site or any nearby area reasonably suspected to overlie
adjacent human remains until the coroner of Santa Clara County is contacted to
determine that no investigation of the cause of death is required. If the coroner
determines the remains to be Native American the coroner shall contact the Native
American Heritage Commission within 24 hours. The Native American Heritage
Commission shall identify the person or persons it believes to be the most likely
descendent (MLD) from the deceased Native American. The MLD may then make
recommendations to the landowner or the person responsible for the excavation
AS 13 -33 Final Conditions
Page 17
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.
77.As required by General Plan Action 25.E, the applicant shall prepare a site - specific
soils report for the proposed project which includes laboratory testing of on -site soils
as well as design criteria for building foundations, basement walls, roads, and other
structures to mitigate impacts associated with expansive soils. The soils report shall
be subject to review and approval by the City of Gilroy Engineering Division prior to
issuance of building permits.
78. The project applicant shall design all structures in accordance with the California
Building Code for seismic design. Foundation design should be based on the
project soil report in compliance with the current California Building Code.
Structural design is subject to the review and approval by the City of Gilroy Building
Division prior to the issuance of building permits.
79. The applicant shall prepare an erosion and deposition control plan detailing
appropriate methods of erosion and deposition control during grading, construction,
and operation of the proposed project. The erosion and deposition control plan shall
be subject to review and approval by the City of Gilroy Engineering Division prior to
the issuance of building permits.
80. The project applicant shall submit a soils investigation prepared by a qualified soils
engineer for the proposed project. The soils report shall assess potential geologic
hazards and determine if these hazards can be adequately mitigated (GP Action
25.E). The report shall also identify if impacts are significant and if special design is
required in the project. The recommendations of the soils investigation shall be
incorporated into the final building plans, subject to the review and approval by the
City of Gilroy Building Division prior to approval of building permits.
81. Prior to issuance of a grading permit, the applicant shall submit a Notice of Intent to
the Central Coast Regional Water Quality Control Board to obtain a General
Construction Stormwater Permit for the project. A Storm Water Pollution Prevention
Program ( SWPPP) shall be developed in compliance with this permit that achieves
the following four major objectives. The SWPPP shall also be submitted to the City
of Gilroy Engineering Division prior to issuance of a grading permit.
AS 13-33 Final Conditions
Page 18
a. Identify pollutant sources, including sources of sediment that may affect the
quality of storm water discharges from the construction site.
b. Identify non -storm water discharges.
c. Identify, construct, implement in accordance with a time schedule, and maintain
Best Management Practices (BMPs) to reduce or eliminate pollutants in storm
water discharges and authorized non -storm water discharges, from the
construction site during construction; and
d. Identify, construct, and implement in accordance with a time schedule, and
assign maintenance responsibilities for post- construction BMPs. These
measures would be installed and implemented during construction to reduce or
eliminate pollutants after construction is completed.
82. The following language shall be included on all permits issued for this project,
subject to the review and approval of the Building Division: "All construction activities
shall be limited to weekdays between 7:00 a.m. and 7:00 p.m. and to Saturday and
City holidays between 9:00 a.m. and 7:00 p.m. No construction is allowed on
Sundays or City Holidays. The City Engineer may apply additional construction
period restrictions, as necessary, to accommodate standard commute traffic along
arterial roadways and school commute routes."
83.AI1 construction equipment engines shall be properly tuned and muffled according to
manufacturers' specifications.
84. Noise construction activities whose specific location on the site may be flexible (e.g.,
operation of compressors and generators, cement mixing, general truck idling) shall
be conducted as far as possible from the nearest noise - sensitive land uses, and
natural and /or manmade barriers (e.g., intervening construction trailers) shall be
used to screen propagation of noise from such activities towards these land uses to
the maximum extent possible.
85. The use of those pieces of construction equipment or construction methods with the
greatest peak noise generation potential shall be minimized. Examples include the
use of drills and jackhammers.
86. Barriers such as plywood structures or flexible sound control curtains shall be
erected along the western edge of the site to minimize noise exposure to the
residential uses.
87. Potential noise level exceedances shall be disclosed to future residents prior to
entering into a rental agreement.
88. At the intersection of Monterey St. and Tenth St., the following improvements are
necessary to restore acceptable operating conditions: (1) add a second southbound
left -turn lane, (2) add a second northbound left -turn lane, (3) add a second
westbound left -turn lane, and (4) add a third eastbound through lane. These
improvements would require widening the intersection, which likely would require
AS 13 -33 Final Conditions
Page 19
right -of -way acquisition. With these improvements in place, this intersection would
operate at LOS C during the AM peak hour and at LOS D during the PM and
Saturday peak hours under General Plan buildout conditions. Upgrading Tenth St.
to a six -lane facility east of Monterey St. is planned in the City's Traffic Circulation
Master Plan, and is included in the City's Traffic Impact Fee (TIF) Program.
Additionally, the City has indicated that the long -term plan for Tenth St. likely would
include widening it to four lanes from Monterey St. to Santa Teresa Boulevard, to be
accomplished though the TIF program. Since the project is one of many potential
development projects that would contribute to the unacceptable operating conditions
at this intersection, the project should make a fair -share contribution toward the cost
of the necessary improvement. Since the intersection improvements necessary
under cumulative conditions at this location would be funded by the City's TIF
program, a fair -share contribution would be payment of the City traffic impact fees
for the project.
89. The appropriate bike route signage shall be added on Tenth Street between
Monterrey Street and Chestnut Street to accommodate bicycle travel associated with
the project.
90. The project applicant will pay a fair -share contribution toward the project's portion of
cumulative traffic impact fees. Specifically, this project should make a fair -share
contribution toward the cost of the Tenth Street Corridor Adaptive Signal Timing
Project expansion to include the Tenth Street / Princevalle Street and Tenth Street /
Church Street intersections.
91.Outdoor lamps and light fixtures shall provide energy efficiency as well as effective
lighting. Preference shall be given to newer types of light sources such as Low
Pressure Sodium, High Pressure Sodium, or Metal Halide lamps that can provide
more lumens per watt" as well as a longer lamp life. Lighting controls (such as
timers or photo - sensors) shall be used to turn lights off when they are not needed.
(General Plan Policy 19.14 Outdoor Lighting Energy Efficiency). Additionally, use of
light fixtures that minimize glare and light pollution, specifically using hoods and
shields to direct the light beam onto the area intended for illumination shall be
provided. (General Plan Policy 19.15 Glare and "Light Pollution. ") Lighting plans
consistent with these guidelines shall be submitted to and approved by the Planning
Division prior to issuance of building permits.
92. The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of
Gilroy, prior to issuance of a grading permit. The permit shall include all applicable
project conditions.
93.A forced -air mechanical ventilation system shall be provided for units throughout the
site so that windows may be kept closed at the occupant's discretion to control
interior noise and achieve the interior design goal and Ldn noise standard. Plans for
said system shall be submitted to and approved by the City building official prior to
AS 13 -33 Final Conditions
Page 20
issuance of building permits. (consistent with MM 11 -12 of the San Ysidro Square
Residential Development Initial Study /Mitigated Negative Declaration).
94. Sound rated windows and doors shall be provided to maintain interior noise levels at
acceptable levels. Preliminary calculations made based on the data contained in the
conceptual design plans indicate that sound -rated windows and doors with a sound
transmission class rating of STC 33 to 38 would be sufficient to achieve the 45 dBA
interior noise standard. Additional treatments may include, but are not limited to,
sound rated wall construction, acoustical caulking, insulation, acoustical vents, etc.
Plans demonstrating adherence to City noise standards shall be submitted to and
approved by the City building official prior to issuance of building permits.
(Consistent with MM 11 -9 and 11 -10 of the San Ysidro Square Residential
Development Initial Study /Mitigated Negative Declaration).
95. Final specifications for noise insulation treatments shall be submitted during final
design of the project. Specifications, including the description of the necessary noise
control treatments, shall be submitted to the City along with the building plans and
approved prior to issuance of a building permit. (Consistent with MM 11 -11 of the
San Ysidro Square Residential Development Initial Study /Mitigated Negative
Declaration).
AS 13 -33 Final Conditions
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2014 -52 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 22 "d day of September„ 2014, 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 23`d day of September, 2014.
,—Wawna Preels, MW
City Clerk of the City of Gilroy
(Seal)