Resolution 2016-18RESOLUTION NO. 2016-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING ARCHITECTURAL AND SITE APPLICATION A/S 15 -24, A
PLANNED UNIT DEVELOPMENT ARCHITECTURAL AND SITE REVIEW
TO ALLOW CONSTRUCTION OF THE WREN AVENUE — GILROY
UNIFIED SCHOOL DISTRICT (FORMER LAS ANIMAS ELEMENTARY
SCHOOL) RESIDENTIAL PROJECT LOCATED AT 8450 WREN AVENUE
APN 790 -25 -031; FILED BY CALATLANTIC HOMES
WHEREAS, CalAtlantic Homes (formerly known as Standard Pacific Homes), submitted an
application requesting an Architectural and Site Review (A/S 15 -24) to approve the architectural and
site design of the Wren Avenue — Gilroy Unified School District (GUSD) residential project; and
WHEREAS, the subject property is located 8450 Wren Avenue; and
WHEREAS, A/S 15 -24 is consistent with applicable general plan and zoning designations;
has no value as habitat for endangered, rare or threatened species; would not result in any significant
effects relating to traffic, noise, air quality, or water quality; and can be adequately served by all
required utilities and public services; and
WHEREAS, A/S 15 -24 was referred to various city departments, including the Technical
Advisory Committee, for recommendations; and
WHEREAS, the Planning Commission has considered the staff report dated February 18,
2016, along with testimony received at the duly- noticed public hearing and other materials; and
WHEREAS, the Planning Commission found that A/S 15 -24 conforms to the City's General
Plan and elements thereof and recommended approval of A/S 15 -24; and
WHEREAS, the City Council has considered the staff report dated February 18, 2016, along
with testimony received at the duly- noticed public hearing on March 21, 2016, and other materials;
and
WHEREAS, the City Council has considered the A/S 15 -24, in accordance with the Gilroy
Zoning Ordinance, and other applicable standards and regulations; and
WHEREAS, the City Council finds that A/S 15 -24 conforms to the City's General Plan and
elements thereof.
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council hereby approves A/S 15 -24, to be effective, if and only if, GPA 15-
01, Z 15 -06 and Z 15 -07 are adopted and in full force and effect.
2. A/S 15 -24 is subject to the following conditions:
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Note: The following abbreviations identify the City department or division responsible for determining compliance with these
conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with
the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the
condition. If only one group is identified, they have responsibilities from initial review through compliance
verification. An internal condition reference number is located at the end of each condition (e.g. G -1 or MND -S2).
RESPONSIBLE DEPARTMENTSIDIVISIONS
BL
Building Division /Inspectors
PK
Parks /Landscape Design
CA
City Attorney
PL
Planning Division
CC
Chemical Control Agency
PW
Public Works /Engineering
FP
Fire Prevention
TR
Traffic Division
PD
Police Department
WW
Wastewater /Source Control
GENERAL PROJECT CONDITIONS
1. Approval of Architectural and Site Review (AS 15 -24) (hereinafter "this permit ") is granted
for approved plans stamped as "Received on January 11, 2016" ( "the plans ") on file with
the Planning Division. Build -out of the project shall conform to the plans, except as
otherwise specified in these conditions. Any future adjustment or modification to the plans
shall be considered by the Community Development Director or designee, may require
separate discretionary approval, and shall conform to all City, State, and Federal
requirements, including subsequent City Code requirements or policies adopted by City
Council. (PL, G -1)
2. Developer means permit applicant, property owner, operator, permitee, lessee, and /or
tenants using the space(s) for the intended use(s). Developer shall comply with project
conditions for the life of the project. (CA, G -2)
3. Developer agrees, as a condition of permit approval, at Developer's own expense, to
defend, indemnify, and hold harmless the City of Gilroy ( "the City") and its officers,
contractors, consultants, attorneys, employees and agents from any and all claim(s),
action(s) or proceeding(s) brought against the 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. (CA, G -3)
4. Failure to appeal this decision in a timely manner, or commencement of any activity related
to the project, is understood to clarify 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. (CA, G -4)
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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. (PL, G-
5)
6. Prior to issuance of building permits, Developer shall correct all violations of the City
Code, if any, existing on the project property for which the City has open cases. (PL /CE, G-
6)
7. 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 or enforcement actions
pursuant to the City Code. All costs associated with any such actions shall be the
responsibility of Developer, owner or tenant. (CA, G -7)
8. Prior to occupancy, Developer shall complete all required offsite and onsite improvements
related to the project, including structures, paving, and landscaping, unless otherwise
allowed by the Community Development Director, or stated in these conditions. (BL, G -8)
9. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form,
using the form provided by the City, for recording with the Santa Clara County Recorder.
Before the City issues building permits, Developer shall submit the original completed,
signed and notarized document to the Community Development Director or designee. (PL,
G -9)
10. 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. (PL /PW, G -10)
11. 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. (PL /CA, G -11)
12. Developer shall obtain fine (sites /utility) grading or 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. (PL,
G -12)
13. Approval of this permit is subject to approval of GPA 15 -01, Z 15 -07, Z 15 -06, and TM 15-
03. Should any of those application(s) be rescinded or not approved, this approval shall
immediately become null and void. (PL, G -14)
PLANNING DIVISION STANDARD CONDITIONS
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14. Developer shall obtain necessary permits prior to initiating any new construction or
modifications authorized under this approval, including but not limited to temporary
construction trailers, temporary staging areas, model home sales offices, advertising signs
of any kind, exterior and interior modifications. Developer shall pay all requisite fees in
effect at the time of plan submittal and /or issuance, as applicable. (PL /BL, PL -1)
15. 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. (PL, PL -2)
16. 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.
(PL, PL -3)
17. Prior to issuance of building permits, Developer shall provide to the Planning Division
digital photos or copies of full -size colored elevations, color and material sample boards,
perspective illustrations, and any other colored exhibit approved by the decision- maker.
(PL, PL -4)
18. 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. Such determination may require an
adjustment or modification to this permit approval. (PL, PL -5)
19. Prior to issuance of grading permits, Developer shall submit a combined landscape and
lighting plan to verify all project onsite 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. (PL, PL -6)
20. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is directed
downward only, minimizing glare and light pollution, and shall not cast light on any
adjacent property or roadway. Developer shall recess or conceal any 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 with details of the proposed fixtures and
locations to the satisfaction of the Community Development Director or designee. (PL, PL-
7)
21. Developer agrees, as a permit of condition approval, that no sign advertising the
development project or components thereof, including individual tenants or subdivisions,
shall be installed or maintained onsite or offsite except as allowed and in conformance with
an approved sign permit. (PL, PL -8)
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22. Concurrent with or prior to an application for a grading permit, Developer shall apply for a
Santa Clara Valley Habitat Plan permit from the City of Gilroy. The grading permit will be
issued only after payment of assessed fees and approval of the Habitat Plan permit. (PL,
PL -9)
23. Prior to issuance of a grading permit, Developer shall present to the Community
Development Director or designee, a receipt issued by Santa Clara County for full payment
of the Santa Clara Valley Habitat Plan fees for associated with the proposed development.
Such receipt shall be dated within six (6) months of the grading permit issuance date, or the
fee amount may be reassessed and difference collected at the time of grading permit
issuance. (PL, PL -10)
24. To minimize potential construction - related impacts to noise, Developer shall include the
following language on any grading, site work, and construction plans issued for the subject
site (PL/BL, PL -11):
"During earth - moving, grading, and construction activities, Developer shall implement the
following measures at the construction site:
(A) Limit construction activity to weekdays between 7:00 am. and 7:00 p.m., and on
Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on
Sundays and City - observed 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;
(C) Construct sound walls or other noise reduction measures prior to developing the
project site;
(D) Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment;
(E) Prohibit all unnecessary idling of internal combustion engines;
(F) Utilize "quiet" models of air compressors and other stationary noise sources where
technology exists; and
(G) Designate a "disturbance coordinator' who would be responsible for responding to any
complaints about construction noise. The disturbance coordinator will determine the
cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable
measures be implemented to correct the problem."
25. To minimize potential construction - related impacts to air quality, Developer shall include
the following language on any grading, site work, and construction plans issued for the
project site (PL/BL, PL -12):
"During earth - moving, grading, and construction activities, Developer shall implement the
following basic control measures at the construction site:
(A) All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day;
(B) All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be
covered;
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(C) All visible mud or dirt tracked out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited;
(D) All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour;
(E) All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used;
(F) Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of California Code of Regulations
[CCR]). Clear signage shall be provided for construction workers at all access points;
(G) All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified visible
emissions evaluator; and
(H) Post a publicly visible sign with the telephone number and person to contact at the lead
agency regarding dust complaints. This person shall respond and take corrective action
within 48 hours. The Air District's phone number shall also be visible to ensure
compliance with applicable regulations."
26. In the event of an accidental discovery of archaeological resources during grading or
construction activities, Developer shall include the following language on any grading, site
work, and construction plans issued for the project site (BL/PL,
PL -13):
"If archaeological or cultural resources are discovered during earth - moving, grading, or
construction activities, all work shall be halted within at least 50 meters (165 feet) of the
find and the area shall be staked off immediately. The monitoring professional
archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring
professional archaeologist is not onsite, the City shall be notified immediately and a
qualified professional archaeologist shall be retained (at Developer's expense) to evaluate
the find and report to the City. If the find is determined to be significant, appropriate
mitigation measures shall be formulated by the professional archaeologist and implemented
by the responsible party."
27. In the event of an accidental discovery or recognition of any human remains, Developer
shall include the following language in all grading, site work, and construction plans
(BL/PL, PL -14):
"If human remains are found during earth - moving, grading, or construction activities, 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
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(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 or his authorized
representative shall rebury the Native American human remains and associated grave goods
with appropriate dignity on the property in a location not subject to further disturbance if a)
the Native American Heritage Commission is unable to identify a MLD or the MLD failed
to make a recommendation within 24 hours after being notified by the commission; b) the
descendent identified fails to make a recommendation; or c) the landowner or his
authorized representative rejects the recommendation of the descendent, and the mediation
by the Native American Heritage Commission fails to provide measures acceptable to the
landowner."
28. Developer shall install all roof and building rain gutters and downspouts, vents, and
flashing to integrate as closely as possible with building design elements, including
matching the color of the adjacent surface. (PL, PL -15)
29. Prior to issuance of building permits, Developer shall provide utility meters, mechanical
equipment, mailboxes and address directories, placed in decorative cabinets and clustered
for efficient access by residents and service persons. The final placement and design shall
be to the satisfaction of the Community Development Director or designee. (PL, PL -16)
30. Prior to issuance of building permits, Developer shall provide screening of all mechanical
equipment, post indicator valves, backflow prevention devices etc. All ground mounted
utility appurtenances such as transformers shall not be visible from any public right -of -way
and shall be adequately screened through the use or combination of concrete or masonry
walls, berms, and landscaping. In addition to the above, backflow preventers shall be
painted dark green, except the fire connection which shall be painted yellow. The final
placement and design of these items shall be to the satisfaction of the Community
Development Director or designee. (PL, PL -17)
31. Developer shall provide automatic garage door openers for all garages. All garage entries
closer than 23 feet to the front property line shall be equipped with a sectional roll -up
garage door. (PL, PL -18)
32. Prior to issuance of fine grading plans, Developer shall provide a minimum 9 -foot by 3 -foot
level concrete pad for storage of three refuse containers in the side yard area or other
location approved by the Community Development Director or designee that is out of view
from the street. The storage location shall not be within the garage. Developer shall also
provide for a paved path from the storage location to the pick -up area (typically the street)
that does not require entering the garage. All gates or doors along the path shall be
constructed with a minimum clear space of 36- inches to allow passage of the containers.
(PL, PL -19)
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33. Building additions and patio covers shall conform to the requirements of the R -1 zone
district setbacks, or as otherwise approved by this permit. The design of such addition or
patio cover shall match the materials and style of the residence.
(PL, PL -20)
34. Prior to the close of escrow for each dwelling unit, Developer shall provide the buyer with a
written guarantee that the exterior finishes of the dwelling unit will remain in good
condition for at least five (5) years from the final building permit inspection and sign -off.
Developer shall provide a copy of the guarantee to the City prior to final Planning Division
inspection and sign-off. (PL, PL -21)
35. Prior to issuance of a Temporary Use Permit for the sales office and/or model home,
Developer shall provide details as to the posting and of pertinent information and maps that
may affect the subject project and adjacent properties. At minimum, the land plan for the
overall development that shows all surrounding land uses and how the project integrates
with theses surrounding uses shall be displayed and maintained in a prominent location.
Additional resources might include the current General Plan and corresponding Land Use
Map, and any specific plan associated with the project area. Developer shall include such
details to the satisfaction of the Community Development Director or designee.
(PL, PL -22)
36. Prior to issuance of a Temporary Use Permit for the sales office and/or model home,
Developer shall provide details of signage and written information to potential buyers that
demonstrate the principles of water efficient landscapes described in the State MWELO.
Developer shall provide such details to the satisfaction of the Community Development
Director or designee. (PL, PL -23)
37. Light standards illuminating interior walkways shall be not more than eight (8) feet in
height, and shall not intrude into the private living or patio areas. Light standards serving
recreational areas held in common shall be no more than 15 feet in height, and shall be
directed away from dwelling units. PL, PL -24)
38. Developer shall establish a Homeowners' Association (HOA) for the development. The
HOA shall be responsible for the maintenance and enforcement of parking, private streets,
landscaping, recreation and other interior areas held in common by the HOA. Such
responsibilities shall be provided within the CC &Rs for the development. (PL, PL -25)
PLANNING LANDSCAPING CONDITIONS
39. Prior to issuance of building permits, Developer shall identify landscaping or other
screening method to protect glare from headlights on the subject property extending offsite.
At the time of planting, such screening shall be maintained at or below three (3) feet if
located in a required street frontage or front yard. Details of required screening shall be to
the satisfaction of the Community Development Director or designee. (PL, PL -26)
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40. Prior to issuance of building permits, Developer shall (as part of the irrigation system)
include sensors that suspend or alter irrigation operation during unfavorable weather
conditions (e.g. automatic rain shut -off devices). (PL, PL -27)
41. Prior to issuance of building permits or initiation of the proposed use, whichever comes
first, Developer shall submit a completed Landscape Documentation Package, including a
soil analysis /management report along with appropriate application review fees, to the
Community Development Department, including required documentation for compliance
verification, and obtain approval of such plans. (PL, PL -28)
42. As part of the Landscape Plan submittal, Developer shall not include any invasive plant
species, such as those listed by the California Invasive Plant Council.
(PL, PL -29)
43. As part of the Landscape Plan submittal, Developer shall clarify a minimum three (3) inch
layer of mulch to be applied on all exposed soil surfaces, as required by the State MWELO.
(PL, PL -30)
44. Prior to issuance of building permits or initiation of the proposed use, whichever comes
first, Developer shall submit a signed Certificate of Completion, along with all necessary
supporting documentation and payment to the Community Development Department, for
compliance verification of the landscape installation. (PL, PL -31)
45. Prior to issuance of certificate of occupancy or building permit final sign -off, Developer
shall complete installation of all landscaping and irrigation in accordance with the approved
plans. (PL/ PL -32)
46. Developer is required under MWELO to provide a copy of the approved Certificate of
Completion to the property owner or his or her designee. Prior to completion of each build -
out phase of development, Developer shall provide the Community Development Director
or designee a summary of each lot in that phase and timing of compliance with this
requirement. (PL, PL -33)
47. For the life of the project, Developer shall maintain landscaping and irrigation in
accordance with the approved plans, except as otherwise permitted or required by law.
Significant changes to the number, placement, and selection of plant species may require a
modification to this approval, to be determined by the Community Development Director
or designee. (PL, PL -34)
PLANNING DIVISION SPECIAL CONDITIONS
48. Developer shall specify in the HOA CC &Rs that garages will be available and used for
parking vehicles. (PL/CA PL -35)
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49. Developer shall install the public art in the HOA- maintained park prior to completion of the
park.
50. Prior to issuance of building permits, Developer shall identify the final front yard, back
yard, and side yard setbacks, subject to review and approval of the Planning Division
Manager. (PL, PL -36)
PLANNING DIVISION ENVIRONMENTAL CONDITIONS
51. Prior to improvement plan approval or building permit issuance, the following dust control
measures shall be incorporated into all development permits for the proposed project,
subject to the review and approval of the City of Gilroy Building Division:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered.
c. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding or soil
binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).
Clear signage shall be provided for construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified visible
emissions evaluator.
h. Post a publicly visible sign with the telephone number and person to contact at the lead
agency regarding dust complaints. This person shall respond and take corrective action
within 48 hours. The Air District's phone number shall also be visible to ensure
compliance with applicable regulations. (BL, MND AQ -1)
52. 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 (pursuant to Gilroy General Plan
Policy 5.07): "If archaeological resources are discovered during construction, work shall be
halted within 50 meters (165 feet) of the find until a qualified professional archaeologist
can evaluate it. If the find is determined to be significant, appropriate mitigation measures
shall be formulated and implemented." (PL, MND C -1)
53. 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
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permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and
approval of the City of Gilroy Planning Division: "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 or his authorized representative shall rebury the Native American human
remains and associated grave goods with appropriate dignity on the property in a location
not subject to further disturbance if. a) the Native American Heritage Commission is unable
to identify a MLD or the MLD failed to make a recommendation within 24 hours after
being notified by the commission; b) the descendent identified fails to make a
recommendation; or c) the landowner or his authorized representative rejects the
recommendation of the descendent, and the mediation by the Native American Heritage
Commission fails to provide measures acceptable to the landowner." (PL, MND C -2)
54. The following mitigation measure shall be included in the design of the project:
Provide a suitable form of forced -air mechanical ventilation, as determined by the City
Building Department , for units located on Lots 1, 2, 16 -19, 30 -33, 46-49, 69, and 70 so
that windows can be kept closed at the occupant's discretion to control interior noise. (BL,
MND N -1)
55. 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 Planning and Engineering divisions:
a. Limit construction activity to weekdays between 7:00 am and 7:00 pm and Saturdays and
between 9:00 am and 7:00 pm, with no construction on Sundays and City - observed
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; and
c. Construct sound walls or other noise reduction measures prior to developing the project
site.
The following standard construction noise controls shall be implemented at the project site:
d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers
that are in good condition and appropriate for the equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize "quiet" models of air compressors and other stationary noise sources where
technology exists; and
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g. Designate a "disturbance coordinator" who would be responsible for responding to any
complaints about construction noise. The disturbance coordinator will determine the cause
of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be
implemented to correct the problem. (PL/E, MND N -2)
56. Install a traffic signal at the Wren Avenue/Welburn Avenue intersection, as planned in the
City's Traffic Circulation Master Plan (TCMP). This improvement includes signalizing the
intersection, restriping all of the intersection approaches, and adding left-turn pockets on
the east and west approaches. Additionally, 260 feet of parking would need to be removed
on the east leg to accommodate the left -turn pocket. With implementation of these
improvements, the overall intersection level of service would be improved from LOS F
with all -way stop control to LOS C with signalization. These improvements (including the
loss of parking) are shown in the City's TCMP, and are included in the City's Traffic
Impact Fee Program. Thus, a Reimbursement Agreement would be developed between the
City and the developer to complete the improvements such that the developer would be
reimbursed for the cost of the traffic signal, less the project's fair -share contribution. (E,
MND T -1)
57. Project developers shall design and implement the following improvements at the Wayland
Lane and Welburn Avenue intersection, to the satisfaction of the City Engineer:
a. Within the current right -of -way and without removing any parking, the work will include
re- establishing the centerline stripe with a Caltrans MUTCD Detail 4 pattern;
b. Provide an eastbound and westbound travel lane of no more than 12 -foot width using
MUTCD Detail 27B white shoulder stripes on both sides of Welburn between Wren
Avenue and Carmel Streets;
c. Apply "sharrow" bike route markings about 50 feet beyond each street intersection (at
center of travel lane), and at no less than 150 foot spacing in each travel direction;
d. Complete re- application of the "All -Way Stop" markings and pavement legends at the
Welburn/Wayland intersection. The existing stop signs will be upsized to 36 -inch stop
signs, add "4 -way stop" advisory sign below stop sign, and include red reflective pole
sleeves at each approach, employing the latest Caltrans MUTCD -listed reflective materials;
e. Re - application of the marked crosswalks at Welburn/Wayland intersection;
f. Re- application of the La Alondra Way, the Doris Court, and the Carmel Street stop bars
and legends (5 locations); and
g. Thermoplastic materials will be used for relevant markings, legends, and striping. (E,
MND T -2)
PUBLIC WORKS/ENGINEERING DEPARTMENT CONDITIONS
General Engineering Conditions
58. GENERAL
a. Developer shall perform all work in compliance with the City of Gilroy Specifications
Standards Design Criteria and is subject to all laws of the City of Gilroy by reference.
Street improvements and the design of all off -site storm drainage facilities, sewer and water
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lines, and all street sections shall be in accordance with City Standards and shall follow the
most current City Master Plan for streets, as approved by the City of Gilroy's Public Works
Director /City Engineer.
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. The applicant shall obtain all applicable permits from federal, state, and local agencies as
required to construct the proposed improvements.
d. All existing utility poles shall be removed, and all utilities placed underground. No new
poles are allowed.
59. FEES
a. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public
Facilities Development Impact Fees. Payment of Street Tree and Storm Development
Impact Fees is required at first building permit issuance. Sewer, Water, Traffic, and Public
Facilities Development Impact Fees are due prior to building occupancy. Note that there
will be a fee increase beginning 7/1/2016.
b. At improvement plan submittal, Developer shall submit an estimate of the probable cost of
improvements and shall pay 40% of the plan check and inspection fees.
c. Prior to final map /improvement plan approval, Developer shall pay the remaining 60% of
the plan check and inspection fees and other related fees that the property is subject to,
enter into a property improvement agreement, and provide payment and performance
bonds.
d. The fees shall be based on the current comprehensive fee schedule in effect at the time of
fee payment, consistent with city policy.
60. TRANSPORTATION
a. Developer shall submit final photometric plans prior to first building permit issuance.
b. Developer shall install all joint trench to have (4) dedicated 11/2" SCH 80 PVC conduit for
City Fiber Optic need in a quad duct arrangement along its Wren Avenue. Quad duct shall
be per City STD EL -11.
c. Developer shall install all street light conduits as 2" SCH40 PVC 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
and shall follow City standards.
e. Developer shall design driveway grades to keep the automobile from dragging or
"bottoming out" on the street or driveway and to keep water collected in the street from
flowing onto the lots. The details of such design shall be provided at improvement plan
phase and shall be to the satisfaction of the City Transportation Engineer.
f. 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 and shall be approved prior to grading permit issuance.
61. GRADING/DRAINAGE
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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 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/Final Map approval.
b. All grading operations and soil compaction activities shall be per the approved project's
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's 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 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.
62. WATER CONSERVATION: 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 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.
a. All construction water from fire hydrants shall be metered and billed at the current hydrant
meter rate.
b. 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.
c. 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.
63. WATER: 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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64. 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 make accessible any or all City utilities as directed by the
Public Works Director.
d. Storm and sewer lines in private areas shall be privately maintained unless approved by the
Public Works Director.
e. 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:
i. 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
approval. A licensed Civil or Electrical Engineer shall sign the composite drawings
and/or utility improvement plans. (All dry utilities shall be placed underground).
ii. 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
compames.
iii. "Will Serve Letter" from each utility company for the subdivision shall be supplied
to the City.
f. Joint trench composite plans shall be approved prior to final map /improvement plan
approval or as otherwise determined by the Public Works Director /City Engineer.
g. A note shall be placed on the joint trench composite plans which states that the plan agrees
with City Codes and Standards and that no underground utility conflict exists.
h. Prior to any construction of the dry utilities in the field, the following will need to be
supplied to the City:
i. A professional engineer - signed and PG &E- approved original electrical plan.
ii. 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.
65. 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.
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66. 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.
67. WORDING 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 Works
Director will apply additional construction period restrictions, as necessary, to accommodate
standard commute traffic along arterial roadways and along school commute routes.
68. 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.
69. 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.
70. 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.
71. 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).
72. STREET MAINTENANCE: 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.
73. 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,
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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.
74. MONUMENTS
a. A minimum of one exterior monument shall be set. Additional monuments can 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 monument damaged,
displaced or destroyed shall be replaced at the developer's sole expense.
c. In accordance with the California Professional Land Surveyors' Act (Business and
Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and
California Government Code 27581, the developer, their employees, subcontractors, and/or
any person performing construction activities that will or may disturb an existing roadway/
street monument, corner stake, or any other permanent surveyed monument shall show all
current monuments on the plans and shall ensure that a Corner Record and/or Record of
Survey are filed with the County Surveyor Office prior to disturbing said monuments. All
disturbed or destroyed monuments shall be reset and filed in compliance with Section
8771.
75. 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.
76. 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.
Specific Engineering Conditions
77. TRANSPORTATION
a. The Project shall comply with all the traffic mitigation measures identified in the project's
Initial Study/MND Addendum.
b. At improvement plan phase, show how the trench plans serve the streetlight connections
and private open space bollard lighting connections.
78. STORMWATER: This project is subject to post - construction stormwater quality
requirements per Chapter 27D of the Gilroy Municipal Code.
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a. At grading permit phase, submit the final Stormwater Management Plan and final signed
Performance Requirement Certifications specified in the Stormwater Guidance Manual.
b. At improvement plan phase, confirm that the bioretention basin locations shown on the
Stormwater Control Plan match with the locations shown on the Landscape Plans.
c. Stormwater BMP Operation and Maintenance Agreement
i. Prior to the issuance of the first building permit, the Developer 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 and it shall be binding on all subsequent owners of land served by the
stormwater 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.
d. 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 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:
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.
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e. 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.
79. WATER: At improvement plan phase, check valve layout shown on Wren Avenue (Sheet
AS -PUD6) to see if valves are needed on Wren Avenue.
FIRE MARSHAL CONDITIONS
80. 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).
81. Single Family Homes (including town homes) with front doors that are accessed via a fenced
or enclosed courtyard shall have an operable latch from the house side to allow exiting to the
public way (or open yard to a public way).
82. All residential structures shall be provided with residential fire sprinklers including detached
garages. City standards include:
a. System to comply with NFPA 13D subject to inspection by the City.
b. Riser shall be installed in the garage unless alternate approved by the Fire Marshal.
c. 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 and the piping run to the garage for the riser
location.
d. All enclosed garages and attached carports shall be provided with sprinkler protection.
e. At least 1 sprinkler of each type shall be present in the spare head box at final.
f. 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.
g. Sprinkler CPVC piping in attic space shall be provided with adequate insulation or be done
with a copper riser.
h. 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.
83. An address shall be provided at building permit submittal. Building / House numbers shall be
clearly visible from the street. For Single family homes and attached Town -homes addressing
shall be from the street that the front door faces and shall be visible from that street. If the
house is recessed, obstructed or at an angle such that the front door is not visible from the
street, an additional address sign shall be provided that is visible from the 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. Additionally, A/S Conditions shall be included as notes on the cover page of
the construction drawings submitted for building permit.
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PASSED AND ADOPTED this 21" day of March 2016 by the following roll call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
4851- 6982 -48150
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AULMAN, BRACCO, HARNEY, TUCKER,
VELASCO and WOODWARD
NONE
LEROE -MUNOZ
RESOLUTION NO. 2016-18
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2016 -18 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 20 day of March, 2016 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 22nd dq,�qf March, 2016.
�inawna rreeis, ivimt- —
City Clerk of the City of Gilroy
(Seal)