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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 4843-086441340 RESOLUTION NO. 2015 -49 JH104706089 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. 484306444134v1 RESOLUTION NO. 2015 -49 M04706089 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 4843 -088441340 RESOLUTION NO. 2015 -49 JFRO47OW89 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 4843-08644134v1 RESOLUTION NO. 2015-49 JFW706W9 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) 4643a6"134v1 RESOLUTION NO. 201549 JHW706089 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 4848- 0864-4134vl RESOLUTION NO. 2015 -49 JH104706089 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. 4M34864-4134vl RESOLUTION NO. 2015-49 JH104706089 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. 4843-086441340 RESOLUTION NO. 201549 JH104706089 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. 48434H 6 1340 RESOLUTION NO. 201549 JH104706089 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 4843-0864-4134vl RESOLUTION NO. 201549 JH104706089 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 48434864-4134vl RESOLUTION NO. 201549 JFR04706089 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 4W-0es4 1340 RESOLUTION NO. 201549 A04706N9 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. 4843-Os"1340 RESOLUTION NO. 2015-49 JFR04706M 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)