Resolution 2015-25RESOLUTION NO. 2015-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING ARCHITECTURAL AND SITE REVIEW A/S 14 -37, A PLANNED
UNIT DEVELOPMENT ARCHITECTURAL AND SITE REVIEW TO ALLOW
CONSTRUCTION OF THE HEARTLANDS ESTATES PHASE I PROJECT, APN
810 -21 -008.
WHEREAS, Meritage Homes submitted an application requesting an architectural and
site review to approve the architectural and site design of The Heartlands Estates Phase I project;
and
WHEREAS, the subject property is located at the southern portions of 1690 and 1750 Hecker
Pass Road (APN 810 -21 -008); and
WHEREAS, on June 2, 2015, the City Council of the City of Gilroy considered the
architectural and site review request (A/S 14 -37), in accordance with the Gilroy Zoning Ordinance,
and other applicable standards and regulations; and
WHEREAS, the Gilroy City Council adopted an addendum to the certified Hecker Pass
Specific Plan EIR in 2009 (City Council Resolution 2009 -32) that analyzed development of this site
with 15 homes; and
WHEREAS, no further environmental analysis is required for the development of Phase I; and
WHEREAS, A/S 14 -37 application was referred to various city departments, including the
Technical Advisory Committee, for recommendations; and
WHEREAS, on April 2, 2015, the Planning Commission of the City of Gilroy considered the
Staff Report dated April 2, 2015, along with testimony received at the duly- noticed public hearing
and other materials; and
WHEREAS, on June 2, 2015, the City Council of the City of Gilroy considered the Staff
Report dated April 2, 2015, along with testimony received at the duly - noticed public hearing and
other materials; and
WHEREAS, the City Council finds that A/S 14 -37 conforms to the City's General Plan and
elements thereof; and
WHEREAS, the City Council finds that A/S 14 -37 conforms to the adopted Hecker Pass
Specific Plan and elements thereof; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby
approves A/S 14 -37, subject to the conditions attached hereto as Exhibit A.
4825- 7167- 1844v1
JH104706089
PASSED AND ADOPTED this 1St day of June 2015 by the following vote:
AYES: COUNCILMEMBERS: BRACCO, LEROE- MUNOZ, TUCKER,
VELASCO, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: AULMAN
APPROVED:
Donald Gage, Mayor
ATTEST:
SlrdwN a Freels, City Clerk
4825 - 7167- 1844vl RESOLUTION NO. 2015-25
JH104706089
i � �
A/S 14 -37, The Heartland Estates Phase I
Final Conditions of Approval
GENERAL PROJECT CONDITIONS
1. Approval of architectural and site review application A/S 14 -37 is subject to
approval of Zoning application Z 15 -04.
2. 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 Manager, pursuant to the City
Code.
3. 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 approved plans
shall be considered by the Planning Manager, may require separate discretionary
approval and shall conform to City Code requirements or policies adopted by City
Council.
4. Developer means permit applicant, property owner, and /or tenants using the
space(s) for the intended use(s). Compliance with project conditions is expected for
the life of the project.
5. Developer shall obtain building permits for the plans within one (1) year from the
date of this permit approval. If such buildings permits are not received within the
time frame, this permit shall automatically become null and void.
6. Should Developer intend to request an extension to the permit expiration date,
Developer must submit to the Planning Division a written application with applicable
fees prior to the expiration date_ Only timely requests may be considered pursuant
to the City Code.
7. Failure to appeal this decision in a timely manner or commencement of any activity
related to the project is understood to clarify the Developer's acceptance of all
conditions and obligations imposed by this permit and waiving any challenge to the
validity of the conditions and obligations stated therein.
8. 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.
9. 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,
EXHIBIT A
A/S 14 -37, The Heartland Estates Phase I, Exhibit A
Page 2
contractors, consultants, attorneys, employees and agents from any and all
claim(s), action(s) or proceeding(s) brought against City or its officers, contractors,
consultants, attorneys, employees, or agents to challenge, attack, set aside, void or
annul the approval of this resolution or any condition attached thereto or any
proceedings, acts or determinations taken, including actions taken under the
California Environmental Quality Act of 1970, as amended, done or made prior to
the approval of such resolution that were part of the approval process.
10. Any covenants, conditions, and restrictions (CC &Rs) applicable to the project
property shall be consistent with the terms of this permit and the City Code. If there
is a conflict between the CC &Rs and the City Code or this permit, the City Code
shall prevail, with the exception that deviations from the City Code specifically
approved under this permit shall prevail.
11. 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 the required fees
to the Planning Manager.
12. If Developer, owner or tenant fails to comply with any of the conditions of this
permit, the Developer, owner or tenant shall be subject to permit revocation
pursuant to the City Code.
13. 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 STANDARD CONDITIONS
14. Applicant shall design and install landscaping and irrigation plans in accordance
with the adopted Consolidated Landscaping Policy and the Landscaping
Requirements of the City Code (Chapter 30, Section 38).
15. No unobstructed beam of exterior lighting shall be directed outward from the site
toward any residential use or public right -of -way.
16. All outdoor storage and loading areas must be screened from public view with a
combination of landscaping, solid fencing, and building design and orientation.
17_ All backflow devices shall be painted an earth tone color, so that they blend with
their surroundings, and shall be heavily landscaped.
18. All two -car garage areas must have dimensions of 20 feet wide by twenty feet long,
clear of any obstructions, including water heaters, or other mechanical devices, and
A/S 14 -37, The Heartland Estates Phase I, Exhibit A
Page 3
door swings. This condition is subject to the review and approval of the Planning
Division prior to building permit issuance.
19. The developer shall provide mailbox details prior to building permit issuance of the
model homes. The mail boxes shall include decorative detailing, subject to
Planning Division review and approval prior to building permit issuance.
20. The developer shall provide details of all walls and fencing proposed for this
project, subject to the review and approval of the Planning Division, prior to building
permit issuance.
PLANNING DIVISION SPECIAL CONDITIONS
21. Individual project applicants 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. The following measures shall be implemented at all construction
sites (EIR MM -4):
(A) Water all active construction areas at least twice daily;
(B) Cover all 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;
(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;
(1) 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;
(L) 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.
22. All future development within the specific plan area shall implement the following
conditions to minimize disturbance to potentially significant cultural resources. Each
A/S 14 -37, The Heartland Estates Phase I, Exhibit A
Page 4
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 or human remains 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. (EIR MM -6)
23. 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 incompliance 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. (EIR MM-
9)
24. Any development (i.e. public recreational facilities) with foundations or support on
the ground that is located within 50 feet (or the distance in effect at the time of
application) of the Uvas Creek top of bank shall conform to requirements of the
Santa Clara Valley Water District. (EIR MM -10)
25. 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 Public Works Director in his 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
NS 14 -37, The Heartland Estates Phase I, Exhibit A
Page 5
be made to the intersection of Santa Teresa Boulevard and First Street /Hecker
Pass Highway to add vehicle for the second east -bound through lane. (EIR MM -18)
26. 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 Uvas 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. (EIR MM -19)
27. Applicants for individual projects within the specific plan area shall contribute traffic
impact fees for future cumulative circulation improvements consistent with the
requirements of the city of Gilroy citywide traffic impact fee ordinance. Fees shall
be paid to the city prior to issuance of development permits. (EIR MM -20)
28. Storm water detention shall be designed to prevent an increase in the 2 -year, 10-
year and 100 -year peak discharge for the project area. (EIR MM -22)
29. Prior to building permit issuance, the developer shall place a deed restriction on
each lot within this subdivision limiting the homes to one story. This condition shall
be subject to the review and approval of the Planning Division Manager.
PUBLIC WORKS DEPARTMENT CONDITIONS
30. 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.
31. WORKING HOURS. Construction activity shall be restricted to the period between
7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m.
unless otherwise approved in writing by the City Engineer for general construction
activity. No work shall be done on Sundays and City Holidays. The City Engineer
will apply additional construction period restrictions, as necessary, to accommodate
standard commute traffic along arterial roadways and along school commute
routes.
32. 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,
A/S 14 -37, The Heartland Estates Phase I, Exhibit A
Page 6
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.
33. START OF CONSTRUCTION. The City shall be notified 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.
34. PRE CONSTRCUCTION. Prior to issuance of building permits, the developer is to
have a pre- construction meeting with the City.
35. 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.
36. 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.
37. UTILITIES. No utility boxes are allowed to be constructed in the sidewalk without
prior written approval by the City Engineer.
38. PRIVATE UTILITIES. Storm and sewer lines in private areas shall be privately
maintained unless approved by the City Engineer in writing.
39. 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.
40. 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
A/S 14 -37, The Heartland Estates Phase I, Exhibit A
Page 7
action in their area of responsibility. The names of individuals responsible for dust,
noise and litter control shall be expressly identified in the notice.
41. 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).
42. FENCING. The developer shall provide security fencing, to the satisfaction of the
City Engineer around the site during construction of the project.
43. PLANTING & IRRIGATION. The developer shall submit a conceptual planting and
irrigation plan concurrent with the improvement plans requiring such improvements,
subject to Planning and Engineering Division approval.
44. CONSTRUCTION STAGING. Contractor shall provide the City a construction
staging plan prior to issuance of building permits for approval of the City Engineer
and the City Traffic Engineer.
45. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all
excavations and grading shall be inspected by the applicant'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.
46. 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.
47. 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.
48. 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
A/S 14 -37, The Heartland Estates Phase I, Exhibit A
Page 8
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.
49. 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
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.
50. DUST CONTROL. Blowing dust shall be reduced by timing construction activities
so that paving and building construction begin as soon as possible after completion
of grading, and by landscaping disturbed soils as soon as possible. Further, water
trucks shall be present and in use at the construction site. All portions of the site
subject to blowing dust shall be watered as often as deemed necessary by the City,
or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites in
order to insure proper control of blowing dust for the duration of the project.
Watering on public streets shall not occur. Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the City Engineer, or at
least once a day. Watering associated with on -site construction activity shall take
place between the hours of 8 a.m. and 5 p.m. and shall include at least one late -
afternoon watering to minimize the effects of blowing dust. All public streets soiled
or littered due to this construction activity shall be cleaned and swept on a daily
basis during the workweek to the satisfaction of the City. Demolition or earthwork
activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH.
All trucks hauling soil, sand, or other loose debris shall be covered.
51. 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
A/S 14 -37, The Heartland Estates Phase I, Exhibit A
Page 9
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. 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. Prior to issuance of any permit, the applicant'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 applicant's soils
engineer's approval shall then be conveyed to the City either by letter or by
signing the plans.
52. 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).
53. SILT AND MUD. It is the responsibility of contractor and home owner 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.
54. 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
A/S 14 -37, The Heartland Estates Phase I, Exhibit A
Page 10
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.
55. 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.
56. 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.
57. 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).
58. 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).
59. BMP O&M AGREEMENT. Stormwater BMP Operation and Maintenance
Agreement shall be required.
• 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).
• The stormwater BMP operation and maintenance agreement shall require that the
BMPs not be modified and BMP maintenance activities not alter 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.
A/S 14 -37, The Heartland Estates Phase I, Exhibit A
Page 11
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.
60. Stormwater BMP OPERATION, MAINTENANCE, AND REPLACEMENT.
• 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.
• Any repairs or restoration /replacement and maintenance shall be in accordance with
city- approved plans.
• 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.
61. STORMWATER BMP INSPECTION
• The property owner(s) shall be responsible for having all stormwater management
facilities inspected for condition and function by a knowledgeable third party.
• 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:
• Site address;
• Date and time of inspection;
• Name of the person conducting the inspection;
• List of stormwater facilities inspected;
• Condition of each stormwater facility inspected;
• Description of any needed maintenance or repairs; and
• As applicable, the need for site reinspection.
Upon completion of each inspection, an inspection report shall be submitted to
Public Works Engineering.
62. 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..
FIRE MARSHAL CONDITIONS
63. Single Family Homes with a fenced yard shall have a gate that opens to a public
way (or to an open yard that leads to a public way).
A/S 14 -37, The Heartland Estates Phase I, Exhibit A
Page 12
64. All residential structures shall be provided with residential fire sprinklers including
detached garages. City standards include
a) A 1 inch meter and 1.5 inch laterals shall be provided to each SFR.
b) System to comply with NFPA 13D (2013) subject to inspection by the City.
c) Riser shall be installed in the garage unless alternate approved by the Fire
Marshal
d) If the water supply to the home is not at the garage, water supply from point of
entry to the riser shall be approved fire sprinkler line.
e) All enclosed garages shall be provided with sprinkler protection.
D At least 1 sprinkler of each type shall be present in the spare head box at final.
g) An exterior bell /horn shall be installed on the bedroom side of the home. A horn
device shall be provided for the interior living space .
h) Each attic access shall be protected by a pilot head. The pilot head piping
(CPVC) shall be provided with adequate insulation or be done with a copper
riser.
i) Sprinkler coverage shall be provided underneath stairwells when used as
storage, closets or bathrooms (even if less than 55 sq ft). Concealed spaces
used for storage in attics or crawl spaces that exceed 55 sq ft in area and 6 ft in
height, shall be provided with sprinkler coverage.
65. An address shall be provided at building permit submittal. Building / House
numbers shall be clearly visible from the street. Addressing shall be from the street
that the front door faces and shall be visible from that street. All main address
numbers shall be illuminated a minimum of 2.5 inches in height with a 3/8 inch
stroke and placed to read from left to right and /or top to bottom, and located at
least 60 inches high from the ground.
66. Chimneys shall have spark arrestors installed. No permanent outdoor, wood -fired
fireplaces /pits are allowed. Trees and tree branches shall not be within 10 feet of a
chimney.
POLICE DEPARTMENT CONDITIONS
67. The landscaping plan shall be revised to increase the visibility of pedestrians
crossing Cobblestone Court near the intersection of Third Street. This condition
shall be subject to the review and approval of the Police Department prior to
building permit issuance.
AJS 14 -37, The Heartland Estates Phase I, Exhibit A
Page 13
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2015 -25 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 1" day of June, 2015 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 2nd day of June, 2015.
`Shaw6a Freels, MMC
City Clerk of the City of Gilroy
(Seal)