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Resolution 2015-27RESOLUTION NO. 2015-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ARCHITECTURAL AND SITE REVIEW A/S 15 -03, A PLANNED UNIT DEVELOPMENT ARCHITECTURAL AND SITE REVIEW TO ALLOW CONSTRUCTION OF THE HEARTLANDS ESTATES PHASE II PROJECT, APN 810 -21 -009. WHEREAS, Meritage Homes submitted an application requesting an architectural and site review to approve the architectural and site design of The Heartlands Estates Phase II project; and WHEREAS, the subject property is located on the northern portions of 1690 and 1750 Hecker Pass Road (APN 810 -21 -009); and WHEREAS, on June 2, 2015, the City Council of the City of Gilroy considered the architectural and site review request (A/S 15 -03), in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, an addendum to the certified Hecker Pass Specific Plan/South Valley Community Church EIR has been prepared for this project; and WHEREAS, the addendum analyzed the proposed Hecker Pass Specific Plan text amendments and development of The Heartlands Estates Phase II and determined the proposed amendments to the specific plan would not create new significant environmental effects, intensify previously identified effects or take place in a context where new information is available that would alter conclusions in the Hecker Pass Specific Plan/South Valley Community Church EIR concerning potential environmental effects; and WHEREAS, A/S 15 -03 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 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 15 -03 conforms to the City's General Plan and elements thereof; and WHEREAS, the City Council finds that A/S 1503 conforms to the adopted Hecker Pass Specific Plan and elements thereof; and 4846-8494a700v1 JH104706089 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby approves A/S 15 -03, subject to the conditions attached hereto as Exhibit A. 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: Don.-Yd Gage, Nfayor ATTEST: ; it Shawna Freels, City Clerk 4846- 8494 -57000 RESOLUTION NO. 2015 -27 JH%04706089 EXHIBIT A A/S 15 -03, The Heartland Estates Phase II Final Conditions of Approval GENERAL PROJECT CONDITIONS Approval of architectural and site review application A/S 15 -03 is subject to approval of Zoning application Z 15 -02. 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 15 -03, The Heartlands Estates Phase II, 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 15 -03, The Heartlands Estates Phase II, 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. Prior to the issuance of any demolition permits, a comprehensive lead based paint survey shall be submitted to the City. If any lead based paint is identified, it shall be removed from the site in accordance with all applicable regulations, including California Division of Occupational Safety and Health (Cal /OSHA) Lead in Construction Standard, as included in California Code of Regulations, Title 8, Section 1532.1, during demolition activities. If lead paint is peeling, flaking or blistered, it shall be removed prior to demolition. It is assumed that such paint will become separated from the building components during demolition activities and could become air - borne; therefore, it shall be managed and disposed as a separate waste stream. Any debris or soil containing lead paint or coat shall be disposed at landfills that are permitted to accept the waste being disposed. (EIR MM AQ -1) 22. The applicant shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Planning Division. (EIR MM AQ -2) The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • 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; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; • Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.); A/S 15 -03, The Heartlands Estates Phase II, Exhibit A Page 4 • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; • Replant vegetation in disturbed areas; • 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; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. 23. In order to prevent the spread of invasive non - native species, the project proponent shall prepare and implement a landscaping and re- vegetation plan to include the following requirements: (EIR MM BIO -1) • An eradication plan for plants listed on the Invasive Plant Inventory (Cal -IPC 2006) currently growing on the project site to be implemented during the grading phases of the project in those areas subject to grading work (excluding the Uvas Creek corridor, where the SCVWD implements their own weed eradication program); • Use of plants listed on the Invasive Plant Inventory (Cal -IPC 2006) shall be prohibited; • Exposed soil areas shall be planted, mulched, or covered between October 15 and the following April 15 each year; • Plant materials used in landscaping, erosion control, or habitat restoration shall consist of plants that are included in an appropriate native California plants as identified by a qualified biologist or landscape architect; • Information regarding the removal of invasive species and landscaping plant preferences shall be distributed to each homeowner prior to occupancy; • To prevent erosion and conserve water during construction, bare soil between newly installed plant materials shall be mulched, covered with jute netting, or seeded with a mix of seeds best suited for the climate and soil conditions, and native to the Santa Clara County region; and • Lots graded but left vacant pending sale and construction of a house and landscaping shall be monitored for invasive plants. If deemed necessary, bare soils should be covered, seeded, or invasive species actively removed. • The landscape and revegetation plan shall be included in the final improvement plans, subject to review and approval by the Planning Division, prior to approval of the final improvement plans. A/S 15 -03, The Heartlands Estates Phase II, Exhibit A Page 5 24. Pre - construction surveys for nesting raptors will be conducted by a qualified biologist if construction is to occur during the nesting season (April 15 — August 1) to reduce impacts to a less than significant level. If raptor nests are located during pre- construction surveys, a qualified biologist shall establish a 300 -foot buffer around each nest for the duration of the breeding season (until such time as the young are fully fledged) to prevent nest harassment and brood mortality. Work may proceed prior to August 1 only if a qualified biologist conducts nest checks and establishes that the young are fully fledged. Every effort will be made to avoid removal or impact to known raptor nests within project boundaries. If trees known to support raptor nests cannot be avoided, removal of these trees will only occur during the non - breeding season to reduce impacts to a less than significant level. This mitigation measure is subject to the review and approval of the Planning Division. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. (EIR MM B 10-2) 25. Pre - construction surveys for roosting bats will be performed no more than 30 days prior to construction. If roosts are found, a Memorandum of Understanding (MOU) with the CDFG will be obtained by the contractor in order to remove bat species. Alternatively, the construction schedule will be modified to initiate construction after August 1, within the specified exclusion zone, when young have fledged. If bats are found, a suitable construction exclusion zone shall be established based on the number and species of bats observed. Alternative habitat will need to be provided if bats are to be excluded from maternity roosts. If this is the case, a roost with comparable spatial and thermal characteristics will be constructed and provided. CDFG shall be consulted regarding specific designs. This mitigation measure is subject to the review and approval of the Planning Division. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. (EIR MM BIO -3) 26. Prior to conducting any work adjacent to the Uvas Creek buffer area (Syngenta /Arias site), a qualified biologist shall survey for the presence of yellow - breasted chat and yellow warblers at and within the immediate vicinity of the project area. If swallows, chats, and /or warblers are present, appropriate mitigations shall be developed in consultation with the CDFG, including, but not be limited to, timing construction within a 300 -foot buffer of the nesting area to avoid nesting seasons (March through August) or until young have fledged. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. (EIR MM Bio-4) 27. Prior to construction, a qualified arborist shall complete an inventory and assessment of any trees proposed for removal and /or trees that may be impacted by disturbance_ Included in this survey will be recommendations for the following: A/S 15 -03, The Heartlands Estates Phase II, Exhibit A Page 6 a. Avoidance of tree removal whenever possible; b. Transplanting of trees if possible; and c. Recommendations for replacement planting areas, replacement ratio, and monitoring after replanting. Project developers shall implement the recommendations in the arborist report. To compensate for the loss of protected trees, any protected tree(s) that are removed shall be replaced. The typical ratio of replacement is 3:1; however the arborist may make recommendations regarding the ratio based on the results of the tree assessment and planting plan and depending on size and health of the trees. Replacement locations should focus on areas within the specific plan boundary. This mitigation measure is subject to the review and approval of the Planning Division. (EIR MM Bio -5) 28. In order to protect oak trees on the project site from inadvertent damage by construction equipment during grading and construction activities, native trees that are to be retained and are located within or adjacent to the construction zone shall be identified in grading plans, and the following protective methods employed during construction. (EIR MM Bio -6) a. For trees under 12 inches in diameter, wrap trunks with protective materials; b. For trees 12 inches in diameter or greater, install protective fencing 0.5- to 0.75 -feet from the trunk per inch trunk diameter; work within the protected area shall be overseen by a qualified arborist of biologist; C. Bridge or tunnel under roots greater than four inches in diameter where exposed. Smaller roots shall be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root - pruning equipment. Any roots damaged during grading or excavation shall be exposed to sound tissue and cut cleanly; and d. Avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and /or dumping of materials under dripline of trees. 29. The project applicant shall retain a theme of Conrotto viniculture within the new residential project. Options for design include developing a display along Hecker Pass Highway and integrating historic artifacts associated with the Conrotto Winery operation into decor and landscaping for the new development (structures, winemaking equipment, reproduction of signage and advertisements, etc.) or placing a commemorative statue within or near the SVCC -North site paying tribute to the former operation. The developer shall comply with this condition by erecting one or more placards along the Class I trail in front of this property describing the Conrotto Winery and its historic significance. The developer A/S 15 -03, The Heartlands Estates Phase II, Exhibit A Page 7 shall also erect two statues one along Santa Teresa Boulevard and one along Hecker Pass Highway, that have a viniculture theme. Display and statue designs shall be submitted to the city prior to approval of improvement plans; displays and statues shall be completed and installed to the satisfaction of the community development director prior to tract acceptance. The maintenance mechanism for the display and statue shall be determined prior to approval of public improvement plans, subject to the review and approval of the public works and community development directors. The design shall be subject to review and approval of the community development director. It is also recommended that the name of the new development reflect the winemaking history of the property. (EIR MM CR -1) 30. All future development within the specific plan area shall implement the following conditions to minimize disturbance to potentially significant cultural resources. Each of the following shall be made a condition of issuance of a grading or building permit: (EIR MM CR -2) 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. 31. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that the language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: (EIR MM C R -3) 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 MILD) from the deceased Native American. The MILD may then make recommendations to the landowner or the person responsible for the excavation A/S 15 -03, The Heartlands Estates Phase II, Exhibit A Page 8 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 MILD 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. 32. Prior to development of any property within the specific plan area, a Phase 1 Environmental Site Assessment shall be prepared in accordance with ASTM Standard(s) to identify whether past or existing uses of the project property may have adversely affected soil or groundwater, or would otherwise pose a health hazard during site development or habitation. If the Phase I assessment finds that past uses may have contaminated the site, a Phase 2 Site Assessment shall be prepared. If contamination is present, clean up and disposal of such contamination shall be in compliance with federal, state and local regulations governing the cleanup and disposal of hazardous waste. Results of the Phase 1 and, if needed, the Phase 2 assessment and cleanup shall be presented to and approved by the City of Gilroy Engineering Division prior to issuance of a Building Permit. (EIR MM HAZ -1) 33. The project proponent shall participate in the city's traffic impact fee program in order to mitigate its incremental impacts on the circulation system. Fees shall be paid prior to approval of issuance of building permits. (EIR MM T -1) 34. Prior to issuance of the 75th building permit within the Specific Plan area, the Specific Plan developers shall be responsible for improving Hecker Pass Highway immediately west of Santa Teresa Boulevard to include a second westbound travel lane. The second westbound travel lane on Hecker Pass Highway, and the appropriate lane -drop taper consistent with Caltrans' Standards, should extend as far as possible beyond (west of) Santa Teresa Boulevard as can be accommodated within the existing public right -of -way, with the design subject to approval by the City Engineer in his /her reasonable discretion. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the widening project. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. Traffic signal modifications should be made to the intersection of Santa Teresa Boulevard and First Street/Hecker Pass Highway to add vehicle detection for the second eastbound through lane. (EIR MM T -2) A/S 15 -03, The Heartlands Estates Phase II, Exhibit A Page 9 35. Prior to issuance of the 75th building permit within the Specific Plan area, the Specific Plan developers 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 T -3) 36. 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 37. 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. 38. 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. 39. 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. 40_ 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. 41. PRE CONSTRCUCTION. Prior to issuance of building permits, the developer is to have a pre- construction meeting with the City. A/S 15 -03, The Heartlands Estates Phase Il, Exhibit A Page 10 42. 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. 43. 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. 44. UTILITIES. No utility boxes are allowed to be constructed in the sidewalk without prior written approval by the City Engineer. 45. PRIVATE UTILITIES. Storm and sewer lines in private areas shall be privately maintained unless approved by the City Engineer in writing. 46. 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. 47. 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. 48. 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). 49. FENCING. The developer shall provide security fencing, to the satisfaction of the City Engineer around the site during construction of the project. A/S 15 -03, The Heartlands Estates Phase II, Exhibit A Page 11 50. 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. 51- 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. 52. 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. 53. 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. 54. 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. 55. 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. 56. 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 A/S 15 -03, The Heartlands Estates Phase II, Exhibit A Page 12 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. 57. 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. 58. 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. A/S 15 -03, The Heartlands Estates Phase II, Exhibit A Page 13 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. 59. 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). 60. 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. 61. 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. 62. 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. A/S 15 -03, The Heartlands Estates Phase II, Exhibit A Page 14 63. 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. 64. 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). 65. 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). 66. 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. • 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. 67. 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. A/S 15 -03, The Heartlands Estates Phase 11, Exhibit A Page 15 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. 68. 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. 69. 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 70_ 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). 71. 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. A/S 15 -03, The Heartlands Estates Phase II, Exhibit A Page 16 e) All enclosed garages shall be provided with sprinkler protection. f) 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. 72. 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. 73_ 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. I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2015 -27 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 st 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 2 "d dayof June, 2015. Shawna Freels, MNrC City Clerk of the City of Gilroy (Seal)