Resolution 2015-49RESOLUTION NO. 2015-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A/S 13 -05, AN
ARCHITECTURAL AND SITE REVIEW TO ALLOW
CONSTRUCTION OF THE PSI APARTMENT PROJECT
WHEREAS, PSI Development submitted an application requesting an architectural and
site review to approve the architectural and site design of a 27 -unit apartment project; and
WHEREAS, the subject property is located at 9060 and 9070 Kern Avenue (APNs 790-
18 -015 through -017); and
WHEREAS, the City Council of the City of Gilroy ( "City ") has considered the
architectural and site review request (A/S 13 -05), in accordance with the Gilroy Zoning Code, and
other applicable standards and regulations; and
WHEREAS, on August 7, 2006, the City Council adopted a negative declaration with 10
mitigation measures and a mitigation monitoring and reporting program (City Council Resolution
2006 -60) that analyzed development of this site with a maximum of 31 dwelling units; therefore,
no further environmental analysis is required for the development of this project; and
WHEREAS, A/S 13 -05 was referred to various city departments, including the Technical
Advisory Committee, for recommendations; and
WHEREAS, on July 2, 2105, the Planning Commission considered the Staff Report dated
July 2, 2015, along with testimony received at the duly - noticed public hearing and other
materials; and
WHEREAS, on July 2, 2105, the Planning Commission found that A/S 13 -05 conformed
to the City's General Plan and elements thereof; and
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EXHIBIT "A"
GENERAL PROJECT CONDITIONS
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.
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 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.
3. 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.
4. 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.
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 may be considered pursuant to the City Code.
6. 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.
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, 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.
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9. 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 or this permit shall prevail.
10. 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.
11. 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.
12. 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
13. Developer acknowledges that because of water limitations placed on the city by its water
providers, approval of this permit does not guarantee that the city will issue building
permits. Issuance of building permits may be delayed and subject to implementation and/or
compliance with mandated water conservation or allocation plans.
14. Developer shall submit plans for building permit applications that include all exterior
building materials and colors, including product and finish manufacturer name, color name
and number, and surface finish type (e.g. stucco with sand finish, plaster with smooth finish)
to be used in construction.
15. Developer shall submit plans for building permit applications that include, on all sets, a
reproduction of all conditions of approval of this permit, as adopted by the decision - maker.
16. Prior to issuance of building permits, Developer shall provide to the Planning Division color
photographic reductions (8Y2" x 11 ") of full -size colored elevations and any other colored
exhibit approved by the decision - maker. Developer may retain the full -size colored exhibits
after the reductions are provided.
17. Developer may not modify any use approved by this permit unless the Community
Development Director or designee determines that Developer has provided the parking
required by the City Code for the modified use.
18. All project on -site lighting shall be of a type and in a location that does not constitute a
hazard to vehicular traffic, either on private property or on public property, including streets.
Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking
spaces, or any other such land use concerns.
19. Parking lot and exterior light fixtures shall be full cutoff type (with no structure or housing
element below the flat lens) so that lighting is directed downward only. Developer shall
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recess or conceal under -canopy lighting elements so they are not directly visible from any
public area. Prior to issuance of building permits, Developer shall submit a lighting plan
consistent with this requirement.
20. Prior to submittal of landscape and irrigation plans, Developer shall obtain approval of the
Planning Manager or designee of a plan showing on the project property all existing trees
and identifying the trees to be saved, transplanted or removed.
21. Prior to issuance of building permits Developer shall submit two copies of landscape and
irrigation plans, along with the appropriate permit application and fees, to the Building
Division and obtain approval of such plans.
22. Prior to final building inspection, Developer shall install landscape and automatic irrigation
systems in accordance with approved plans.
23. Developer shall properly maintain landscape planting and all irrigation systems as required
by the City Code and as specified by this permit. Failure of Developer to do so may result
in the revocation of this permit and initiation of legal proceedings against Developer to
ensure compliance.
24. Prior to the final building inspection, Developer shall provide a watering schedule to the
building owner or manager and to Planning Division or designee. The irrigation system shall
include automatic rain shut -off devices, or instructions on how to override the irrigation
system during rainy periods.
25. At the time of planting, Developer shall provide at least 24 -inch box size for all new trees
planted on the subject property. All shrubs and vines planted under the subject permit by
the Developer shall be at least five -gallon size, except as otherwise specified by this permit.
PLANNING DIVISION SPECIAL CONDITIONS
26. Project plans shall include the following dust control measures during grading and
construction activities for the proposed development and subject to the review and approval
by the City of Gilroy Engineering Division. The following basic control measures shall be
implemented at all construction sites (MND 1):
o Water all active construction areas at least twice daily
o Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard
o 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
o Sweep daily (with water sweepers) all paved access roads, parking areas and
staging areas at construction sites
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o Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets
27. Due to the possibility that significant buried cultural resources might be found during
construction, the following language shall be included on any permits issued for the project
site, including, but not limited to building permits for future development subject to the
review and approval of the Gilroy Planning Division (MND 2):
"If archaeological resources or human remains are discovered during construction, work
shall be halted within 50 meters (165 feet) of the find until a qualified professional can
evaluate it. If the find is determined to be significant, appropriate mitigation measures shall
be formulated and implemented (Gilroy General Plan Policy 5.07)."
28. 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 this 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 (MIND 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 (MLD) from the deceased Native
American. The MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of, with appropriate
dignity, the human remains and associated grave goods as provided in Public Resources
Code Section 5097.98. The landowner of 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 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."
29. The proposed buildings shall be designed by the structural engineer in accordance with the
applicable version of the California Building Code (CBC). A Registered Geotechnical
Engineer and Geologist shall prepare a soils report for the project to assess these geologic
hazards and to develop appropriate mitigation that shall be implemented during design and
construction. A Registered Geotechnical Engineer shall be present at the site during site
grading for building foundations. This mitigation measure shall be subject to the review and
approval of the City of Gilroy Engineering Division. (MIND 4)
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30. An erosion and deposition control plan shall be submitted to the City of Gilroy Engineering
Division for approval prior to the issuance of a grading permit. During construction,
contractors shall adhere to the requirements in the erosion and deposition control plan and
the required Drainage Plan and Storm Water Pollution Prevention Plan (see MND 6 and 7).
(MND 5)
31. Future development at the site shall be designed and constructed to detain storm runoff to
ensure that post - project storm runoff does not exceed pre - project levels, subject to the
review and approval of the City of Gilroy Engineering Division. (MND 6)
32. The project proponents shall pay their fair share of the cost for infrastructure identified in
the City's Storm Drainage Master Plan. (MND 7)
33. In order to minimize potential water quality impacts due to erosion, the project shall
incorporate a landscape plan to be implemented on the perimeter of the project site. Prior to
issuance of a grading permit, the applicant shall submit the landscape plan for review and
approval by the City of Gilroy Engineering Division. (MND 8)
34. 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. (MND 9)
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.
35. As part of normal City review and approval procedures for future projects the following
measures shall be incorporated to mitigate construction noise, as determined feasible by the
City Building and Engineering Divisions (MND 10):
a. Limit construction activity to weekdays between 7:00 AM and 7:00 PM and
Saturdays between 9:00 AM and 7:00 PM, with no construction allowed on
Sundays or City holidays;
b. Locate stationary noise - generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project area
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36. The developer shall adhere to all tree preservation recommendations identified in the
arborist's report. Prior to final building inspection, the arborist shall inspect the trees to
determine whether tree preservation recommendations have been incorporated and shall
provide additional preservation recommendations, if needed. The developer shall comply
with all arborist's recommendations for the life of the project, subject to the review and
approval of the Planning Division Manager.
37. The developer shall preserve the tree identified as Tree 87 in the arborist's report until an
arborist determines the tree should be removed, subject to the review, concurrence, and
approval of the Planning Division Manager.
38. The developer shall provide a second, complementary color scheme to be used on a
minimum of 30% of the apartment units, subject to the review and approval of the Planning
Division Manager prior to building permit issuance.
PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS
39. GENERAL
a. The developer shall process a lot merger and dedication of street easement at Kern Avenue by
separate instrument before first submittal for Building Permit.
b. Until such time as the Improvements are accepted by City, Developer shall be responsible for
and bear the risk of loss to any of the Improvements constructed or installed.
c. At the time of the first submittal for Building Permit, the Developer shall submit vector based
electronic files readable in PDF format. Additionally, after the Construction Drawings have
been found to be technically correct and in substantial conformance with the approved A/S 13-
05, the Developer shall again submit vector based electronic files readable in PDF format.
d. If access to adjacent property will be necessary to construct and install proposed
improvements on adjacent private properties, then a letter granting access will be required on
the first submittal for Building Permit.
e. The Developer shall locate stationary noise - generating equipment as far away from existing
residences as feasible during construction.
f. The Developer shall provide security fencing around the site during construction of the project
to the satisfaction of the Public Works Director.
g. Existing septic tanks and leech fields shall be abandoned per Santa Clara County Health
Department Standards.
h. All existing utility poles shall be removed and all utilities placed underground. No new poles
are allowed.
i. At building permit stage, plans shall include the proposed arrangement of bikes inside the bike
storage area.
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40. FEES
a. 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.
b. Prior to first Building Permit, the Developer shall submit an estimate of the probable cost of
improvements, pay all plan check and inspection fees, enter into a property improvement
agreement, and provide payment and performance bonds.
41. TRANSPORTATION
a. Prior to first Building permit, applicant shall submit photometric plans.
b. All joint trench shall have (4) dedicated 1 %s" SCH 80 PVC conduit for City Fiber Optic need
in a Quad duct arrangement. Quad duct shall be as per City STD E1 -11.
c. All street light conduits shall be 2" SCH40 PVC as per City Standard EL -1 and related pull
boxes shall follow City Standard EL -14.
d. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer.
e. Any work in the public right -of -way shall require a traffic control plan prepared by a licensed,
professional engineer with experience in preparing such plans. Traffic Control Plan shall be
prepared in accordance with the requirements of the latest edition of the California Manual on
Uniform Traffic Control Devices. The Traffic Control Plan shall be included in the
Improvement Plans.
f. Provide a public -to- private road transition per STR-4. The 6' wide concrete apron needs to be
behind the crosswalk and right -of -way.
42. GRADING/DRAINAGE
a. Grading shall be such that it does not create any adverse impacts to neighboring properties.
b. 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 Public Works Director 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 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 (NOI) shall be filed with the State Water Resources Control Board, with a copy
provided to the Engineering Division before a grading permit will be issued. WDID# shall be
provided prior to Improvement Plan approval.
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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 be subject to the
approval of the Public Works Director. 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.
d. Prior to issuance of the first building 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.
43. LANDSCAPE MAINTENANCE AGREEMENT
a. A Landscape and Maintenance Agreement shall be required and recorded. Owner shall cause
all roadside landscaping on the project's Kern Avenue frontage to be constructed and installed
in a good and workmanlike manner, in accordance with the Approved Landscape Plans, the
A/S Approval, and all other federal, state, county, City and other governmental statutes, laws,
rules, orders, regulations, and ordinances applicable to the Project, at Owner's sole cost and
expense.
44. WATER
a. The project shall fully comply with the measures required by the City's Water Supply
Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent
amendments, which was adopted on August 4, 2014 to meet the requirements imposed by the
State of California's Water Board. This ordinance established permanent voluntary water
saving measures and temporary conservation standards.
All construction water from fire hydrants shall be metered and billed at the current
hydrant meter rate.
ii. Recycled water shall be used for construction water, where available, as determined
by the Public Works Director. Recycled water shall be billed at the municipal
industrial rate based on the current Santa Clara Valley Water District's municipal
industrial rate.
iii. Where recycled water is not available, as determined by the Public Works Director,
potable water shall be used. All City potable water will be billed based on the City's
comprehensive fee schedule under the Portable Fire hydrant meter rate.
b. The Developer shall perform field verification testing of the water system and will modify any
part of the systems that does not perform to the standards established by the City.
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c. Water services shall be 1.5" minimum with l" meter. Service /meter shall be upsized if
necessary water pressure is not met.
45. STORMWATER
This project is subject to post- construction stormwater quality requirements per Section 27D of the
Gilroy Municipal Code. Post - construction treatment measures must be reviewed and approved by
the Engineering Division prior to Improvement Plan approval.
a. Stormwater BUT Operation and Maintenance Agreement
i. 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 BUT Operation
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. The City- standard Stormwater BMP Operation and Maintenance Agreement
will be provided by Public Works Engineering.
ii. This 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.
iii. This Agreement shall also 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.
iv. 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.
V. Any repairs or restoration/replacement and maintenance shall be in accordance with
City- approved plans.
vi. 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.
b. Stormwater BMP Inspections will be required for this project and shall adhere to the
following:
i. The property owner(s) shall be responsible for having all stormwater management
facilities inspected for condition and function by a knowledgeable third party.
ii. Unless otherwise required by the Public Works Director 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
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include, at minimum, the following information:
(a) Site address;
(b) Date and time of inspection;
(c) Name of the person conducting the inspection;
(d) List of stormwater facilities inspected;
(e) Condition of each stormwater facility inspected;
(f) Description of any needed maintenance or repairs; and
(g) As applicable, the need for site re- inspection.
iii. Upon completion of each inspection, an inspection report shall be submitted to Public
Works Engineering no later than October 1 st for the Fall report, and no later than
March 15th of the following year for the Winter report.
46. UTILITIES
a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes
and lids.
b. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral
connections shall have a minimum diameter of 15 inches.
c. The Developer /Contractor shall raise the inlet above the finish grade at the community garden.
d. The Developer /Contractor shall make accessible any or all City utilities as directed by the
Public Works Director.
e. A note shall be placed on the composite joint trench plans which states that the composite joint
trench plan agrees with City Codes and Standards and that no underground utility conflict
exists.
f. Private Utilities. Storm and sewer lines in private areas shall be privately maintained unless
approved by the Public Works Director.
g. The existing electrical boxes in the street shall be relocated behind curb & gutter.
h. Improvement plans are required for all on -site and off -site improvements. The following
items will need to be completed prior to first Building Permit submittal:
1. The Developer shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and cables
including the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction structures as a
part of the Improvement Plan submittals for the project. Show preferred and
alternative locations for all utility vaults and boxes if project has not obtained PG& E
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approval. A licensed Civil or Electrical Engineer shall sign the composite drawings
and/or utility improvement plans. (All dry utilities shall be placed underground.)
2. The Developer shall negotiate right -of -way with Pacific Gas and Electric and other
utilities subject to the review and approval by the Engineering Division and the utility
companies.
3. "Will Serve Letters" from each utility company for the subdivision shall be supplied
to the City.
4. The City will collect the plan check and inspection fee for the utility underground
work.
i. Prior to any construction of the dry utilities in the field, the following will need to be supplied
to the City:
1. A professional engineer - signed and PG &E- approved original electric plan.
2. A letter from the design Electrical or Civil Engineer that states the electrical plan
conforms to City Codes and Standards, and to the approved subdivision improvement
plans.
47. ENCROACHMENT PERMIT.
a. The developer shall be required to obtain a separate City of Gilroy encroachment permit for all
work in the City right -of -way. Off -site improvement plans shall be submitted and approved
prior to first Building permit.
b. The developer shall submit an estimate of the probable cost of improvements, pay all plan
check and inspection fees, enter into a property improvement agreement, provide insurance
and performance bonds.
48. NOTICING. At least one week prior to commencement of work, the Developer shall post at
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 Division, 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.
49. START OF CONTRUCTION. 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.
50. 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. for general
construction activity. No work shall be done on Sundays and City Holidays. The Public
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Works Director will apply additional construction period restrictions, as necessary, to
accommodate standard commute traffic along arterial roadways and along school commute
routes.
51. WORK INSPECTION. All work shown on the improvement plans shall be inspected.
Uninspected work shall be removed as deemed appropriate by the Public Works Director.
52. HAUL PERMIT. If the project has excess fill or cut that will be off - hauled to a site or on-
hauled from a site within the city limits of Gilroy, an additional permit is required. This
statement must be added as a general note to the Grading and Drainage Plan.
53. 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 Public Works Director, 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 Public Works Director. 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.
54. 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
Public Works Director (§ 15.40.070).
55. SILT AND MUD. It is the responsibility of the contractor 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.
56. 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.
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57. CONTRUCTION STAGING. Developer shall create a construction staging plan that
addresses the ingress and egress location for all construction vehicles, parking and material
storage area. This plan shall be subject to review and approval by the Engineering Division
prior to the issuance of a grading permit.
58. FIRE FLOW. Certification of fire flow test for each zone is required prior to final permit,
the highest elevation is to be tested (Add to general notes on Plan Title sheet). Fire flow for
the project shall be modeled for a minimum of 1,500 gpm for residential fire flow. Street
Hydrants shall be placed every 300 feet and within 150 feet of any building. Off -site
improvement plan shall provide Fire Hydrant per the City Standard. Hydrants shall be
installed prior to commencement of construction with combustible materials.
59. MONUMENTS
a. A minimum of one exterior monument shall beset. Additional monuments can be
required by the Public Works Director or City Surveyor as deemed necessary.
b. Monuments shall be located and referenced by or under the direction of a licensed land
surveyor or licensed civil engineer legally authorized to practice land surveying prior to
work. Any City monuments damaged, displaced or destroyed shall be replaced at the
developer's sole expense.
60. GRADE CERTIFICATION. Certification of grades and compaction is required prior to
Building Permit final. This statement must be added as a general note to the Grading and
Drainage Plan.
61. IMPROVEMENTS CERTIFICATION. Certification of improvements on the site plans are
required prior to Building final (add to general notes on Title Sheet of Plans).
62. RETAINING WALL CERTIFICATION. Certification is required by the design engineer of
the design and construction for all retaining walls shown on the improvement plans prior to
final acceptance of the subdivision.
63. ACCEPTANCE OF IMPROVEMENTS. Until such time as all improvements required are
fully completed and accepted by City, Developer will be responsible for the care
maintenance of and any damage to such improvements. 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 required for this project 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.
FIRE MARSHAL. STANDARD CONDITIONS
493 -086 "1340 RESOLUTION NO. 201549
JHV706M
64. The developer shall provide electronic gates that opens with a Fire Department radio signal
(click to open) and has FD/PD key override) as part of the first improvement plan submittal,
subject to the review and approval of the Fire Marshal. A building permit is required for the
gate.
65. The developer shall provide a PIV for each building as part of the first improvement plan
submittal, subject to the review and approval of the Fire Marshal. A Fire Underground
Permit is required.
66. All carports over 1,000 square feet shall be protected by Fire Sprinklers. The developer
shall submit Fire Sprinkler Plans simultaneous with the first building permit submittal.
67. All apartments shall be provided with residential fire sprinklers meeting 13R, except that
risers shall be steel and if passing between floors shall also be steel. All concealed spaces,
including attics shall be protected. Submit Fire Sprinkler Plans simultaneous with the first
building permit submittal. City standards include:
a) System to comply with NFPA 13R subject to plan review, permit and inspection by the
City.
b) Riser shall be interior. Riser Room to be labeled and provided with a knox key.
c) All attached enclosed garages and attached carports shall be provided with sprinkler
protection.
d) At least 1 sprinkler of each type shall be present in the spare head box at final.
e) An exterior bell/horn shall be installed on each building. A horn device shall be provided
for the interior living space.
f) Sprinkler coverage shall be provided underneath stairwells when used as storage, closets
or bathrooms (even if less than 55 sq ft).
68. Each Building shall have an address assigned by the Engineering Division prior to building
permit submittal. Each building address shall be visible from the driveway and illuminated
at night. Units shall have an address that shall be visible from the side of approach. An
illuminated address shall be on the front door side of each unit and at a minimum of 60
inches from the ground. This condition is subject to the review and approval of the Fire
Marshal.
69. All Dwelling units shall have a path of travel to the public way that is a minimum of 36
inches wide. If gated off, a latch that is accessible from the dwelling unit side shall be
provided.
70. Egress Windows shall be provided on all sleeping rooms. A room that does not have a
clearly defined use as a kitchen, closet, dining room, living/family room or study shall be
considered a bedroom. Studies/libraries with closets shall be treated as bedrooms. Storage
rooms that are provided with windows, and electrical outlets and are greater than 50 square
feet may also be considered bedrooms if attached to a dwelling unit.
4843-0864.41340 RESOLUTION NO. 201549
JFW4706089
71. At the time of improvement plan submittal, plans shall delineate an illuminated site diagram
installed at the driveway entrance showing location and addresses of all buildings and Fire
Apparatus location on the site. Show on Plans and note condition. A Fire Site Permit shall
be obtained at the first Building Permit.
72. At the time of improvement plan submittal, plans shall indicate that private access
driveways shall have the curbs painted red where parking is not designated. Show red
curbing on plans. A Fire Site Permit shall be obtained at the first Building Permit.
POLICE DEPARTMENT SPECIAL CONDITIONS
73. The developer shall provide lighting attached to the underside of the carports at a minimum
of 3.0 foot - candles. This condition is subject to the review and approval of the Police Chief
prior to building permit issuance.
484348M4134vl RESOLUTION NO. 201549
JH104706089
Whereas, on August 3, 2015, City Council considered the Staff Reports dated August 3
and July 2, 2015 along with testimony received at the duly- noticed public hearing and other
materials; and
WHEREAS, the City Council finds that A/S 13 -05 conformed to the City's General Plan
and elements thereof.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
hereby approves A/S 13 -05, subject to the following conditions attached hereto as Exhibit "A"
and incorporated by this reference.
PASSED AND ADOPTED this 17'h day of August, 2015 by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE -MUNOZ
and GAGE
NOES: COUNCILMEMBERS: VELASCO
ABSENT: COUNCILMEMBERS: TUCKER
ABSTAIN: COUNCILMEMBERS: WOODWARD
APPROVED:
/a
DMA F. Gage, Mayor
ATTEST:
Freels, City
4843 -0864 -41340 RESOLUTION NO. 2015 -49
JH104706089
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2015 -49 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 17th day of August, 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 18th day of August, 2015.
A(4t Y��
S awna Freels, MMC
City Clerk of the City of Gilroy
(Seal)