Resolution 2016-15RESOLUTION NO. 2016-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING ARCHITECTURAL AND SITE REVIEW AS 15 -20,
HOEY /ARIAS (HEARTLAND WEST) TO ALLOW THE CONSTRUCTION
OF A 95 -UNIT RESIDENTIAL PROJECT LOCATED SOUTH OF HECKER
PASS HIGHWAY SOUTHEAST OF 2 OAKS LANE /LONE OAK COURT,
ASSESSOR PARCEL NUMBERS 810 -20 -020 AND 810 -20 -004; FILED BY
MERITAGE HOMES C/O SCOTT KRAMER
WHEREAS, Meritage Homes submitted an application requesting an Architectural and Site
Review to approve the site, landscape and architectural plans for the 95 -unit Heartland West
residential development (AS 15 -20); and
WHEREAS, the subject property is located within the Hecker Pass Specific Plan area south
of Hecker Pass Highway and southeast of 2 Oaks Lane /Lone Oak Court, Assessor Parcel Numbers
810 -20 -020 & 810 -20 -004; and
WHEREAS, AS 15 -20 was referred to various City departments including the Technical
Advisory Committee for recommendations; and
WHEREAS, AS 15 -20 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, the Planning Commission held a duly noticed public hearing on AS 15 -20 on
March 3, 2016, at which public hearing the Planning Commission considered the AS 15 -20 staff
report, public comments and testimony, and all other documentation or other evidence received on
AS 15 -20 and recommended approval of AS 15 -20; and
WHEREAS, the City Council has considered AS 15 -20 in accordance with the Gilroy
General Plan, Gilroy Zoning Ordinance, Hecker Pass Specific Plan, and other applicable standards
and regulations; and
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WHEREAS, the City Council finds that AS 15 -20 conforms to the City's General Plan and
elements thereof, and
NOW, THEREFORE, BE IT RESOLVED that the City Council approves AS 15 -20, subject to the
following conditions:
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 DEPARTMENTS /DIVISIONS
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
I Police Department
WW
Wastewater /Source Control
GENERAL PROJECT CONDITIONS
Approval of AS 15 -20 (hereinafter "this permit ") is granted for approved plans stamped as
"Received on February 25, 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 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
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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)
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. 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)
7. 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)
8. 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)
9. 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)
10. Any covenants, conditions, and restrictions (CC &Rs) applicable to the project property
shall be consistent with the terms of this permit and the City Code. If there is a conflict
between the CC &Rs and the City Code or this permit, the City Code or this permit shall
prevail. (PL /CA, G -11)
11. An approved tentative map or vesting tentative map shall expire twenty -four (24) months
from the approval date if the final map is not approved prior to expiration. (PL, G -12)
PLANNING DIVISION STANDARD CONDITIONS
12. 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
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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)
13. 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)
14. 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)
15. 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)
16. 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 -6)
17. 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 -7)
18. 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-
8)
19. 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)
20. 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)
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21. 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)
22. 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 -10):
"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 a.m. 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."
23. 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 -10):
"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;
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;
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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."
24. 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 -11):
"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."
25. 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 -12):
"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
(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)
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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."
26. 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)
27. 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)
28. 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)
29. 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)
30. 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 minimum required garage area.
Developer shall also provide for a path from the storage location to the pick -up area
(typically the street), subject to the review and approval of the Community Development
Director or designee. 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)
31. Building additions and patio covers shall conform to the requirements of the Hecker Pass
Specific Plan 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)
32. 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
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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)
33. 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)
34. 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)
35. 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)
PLANNING DIVISION LANDSCAPING CONDITIONS
36. 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-
37. 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)
38. 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)
39. 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)
40. 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)
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41. 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)
42. 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)
43. 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)
PLANNING DIVISION SPECIAL CONDITIONS
44. In addition to the architecturally enhanced, fixed lots identified in the Project Table (as
shown in the March 3, 2016 Planning Commission staff report), the project plans shall be
revised to require enhanced architectural details for the units on Lots 33, 49 and 56. The
floor plan and enhanced architectural style shall be fixed on the corresponding lot as part of
the Heartland West Architectural and Site Review /Planned Development approval.
45. Prior to issuance of the first building permit, final selection of building paint colors for the
Heartland West development shall be subject to final review and approval of the Planning
Manager.
46. As part of the building permit submittal, the applicant shall identify the exact location and
spacing of the group mailboxes on -site for final review and approval of the Planning
Manager. Review of the mailbox location and spacing may include a requirement for
additional landscaping around the mailbox cluster(s).
47. The use of wood good- neighbor fences and split -rail fencing along the sides of the central
park shall be subject to final review and approval of the Planning Manager as part of the
building permit review.
48. The applicant shall install black, powder- coated Cobra lights along the Grassland Way
project frontage in addition to the private streets as currently proposed. Maintenance and
repair of the black, powder- coated Cobra lights shall be the responsibility of the applicant
and /or Homeowner's Association.
49. As part of the improvement plan and building permit plan submittals, the applicant shall
provide additional street trees along the interior private streets, provided the trees do not
obstruct lighting and /or utilities.
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50. As part of the improvement plan and building permit plan submittals, the applicant shall
provide climbing vines along the exterior side of the solid masonry walls at a spacing no
greater than 15 -ft on center.
51. Private gatesibarriers restricting access inside the Heartland West development to only
residents and guests of the development is prohibited.
52. The project shall be subject to compliance with the applicable mitigation measures of the
Hecker Pass Specific Plan EIR.
53. The project shall be subject to compliance with the applicable conditions of approval of
TM 05 -13, including those conditions from other city departments and outside agencies.
PUBLIC WORKS /ENGINEERING GENERAL CONDITIONS
54. Developer shall perform all work in compliance with the City of Gilroy Specifications
Standards Design Criteria, and Development Agreement 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 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.
55. 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.
56. After the Improvement Plans have been found to be technically correct and in substantial
conformance with the approved Tentative Map, the Developer shall submit vector -based
electronic files readable in PDF format.
57. The Developer shall provide security fencing around the site during construction of the
project to the satisfaction of the Public Works Director.
58. Developer shall coordinate an inspection with the Public Works Inspector for proposed
building prior to Engineering signature on Building's Final Clearance Form.
59. All existing utility poles shall be removed, and all utilities placed underground. No new
poles are allowed.
PUBLIC WORKS /ENGINEERING FEES
60. 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
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Facilities Development Impact Fees are due prior to building occupancy. Note that there
will be a fee increase beginning 7/1/2016.
61. 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.
62. 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.
63. The fees shall be based on the current comprehensive fee schedule in effect at the time of
fee payment, consistent with city policy.
PUBLIC WORKS /ENGINEERING — TRANSPORTATION
64. Developer shall submit photometric plans prior to first building permit issuance.
65. 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 the project frontage. Quad duct
shall be per City STD EL -11.
66. 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.
67. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer
and shall follow City standards.
68. 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 the
flowing onto the project site. The details of such design shall be provided at improvement
plan phase and shall be to the satisfaction of the City Transportation Engineer.
69. 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.
PUBLIC WORKS /ENGINEERING — GRADING /DRAINAGE
70. 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
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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.
71. 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.
72. 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.
PUBLIC WORKS /ENGINEERING — WATER CONSERVATION/WATER
73. 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.
74. All construction water from fire hydrants shall be metered and billed at the current hydrant
meter rate.
75. 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.
76. 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.
77. 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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PUBLIC WORKS /ENGINEERING — UTILITIES
78. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated
boxes and lids.
79. 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.
80. The Developer /Contractor shall make accessible any or all City utilities as directed by the
Public Works Director.
81. Storm and sewer lines in private areas shall be privately maintained unless approved by the
Public Works Director.
82. 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:
a. 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').
b. 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.
c. "Will Serve Letter" from each utility company for the project shall be supplied to the
City.
83. 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.
84. 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.
85. Prior to any construction of the dry utilities in the field, the following will need to be
supplied to the City:
a. A professional engineer - signed and PG &E- approved original electrical plan.
b. A letter from the design Electrical or Civil Engineer that states the electrical plan
conforms to City codes and Standards, and to the approved improvement plans.
86. 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
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14
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.
87. 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.
88. 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
Works Director will apply additional construction period restrictions, as necessary, to
accommodate standard commute traffic along arterial roadways and along school commute
routes.
89. 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.
90. 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.
91. 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.
92. 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
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the portion of a street which abuts property in a residential zone without prior approval
from the Public Works Director (§ 15.40.070).
93. 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.
94. 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.
95. 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.
96. CONTRUCTION STAGING (if applicable): 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.
97. 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.
98. 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
JH\047 6089 v1 RESOLUTION NO. 2016 -15
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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.
PUBLIC WORKS /ENGINEERING - SPECIFIC ENGINEERING CONDITIONS OF
APPROVAL
99. COMMUNITY FACILITIES DISTRICT (CFD): The maintenance of the landscaping
on Parcels I & F and along the 3rd Street and Grassland Way public frontages of the project
shall be funded by the city's Citywide Landscape Community Facilities District No. 2012 -1
(CFD 2012 -1). The developer shall pay the annexation fee, complete the annexation
application and annex into CFD 2012 -1 prior to the first building occupancy.
100. STORMWATER: This project is subject to post - construction stormwater quality
requirements per Chapter 27D of the Gilroy Municipal Code.
a. 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, 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.
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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 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:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re- inspection.
c. 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.
POLICE DEPARTMENT CONDITIONS
101. Prior to City review and approval of a final map, the applicant shall provide a detailed
photometric plan for review and approval of the Police Department. Lighting plans for the
project site shall include lighted crosswalks.
FIRE MARSHAL CONDITIONS
102. Tentative Map Conditions shall be included on off -site improvement plans as "Fire
Department Notes." Prior to street completion, the applicant shall contact the Fire Marshal
and schedule an appointment to obtain fire clearance for off -site improvements. No
building permits will be issued without a Fire Off -Site Improvement Inspection and Fire
Flow Test administered by the Fire Marshal.
103. Secondary access shall be provided when 30 or more units are served. Secondary access is
not required to serve as public access; however, the roadway shall meet City street
standards. Any alternative designs shall be subject to review and approval by the Fire Chief
as part of the Improvement Plans review. The Improvement Plan submittal shall include an
Alternate Means or Method Application.
104. If allowed, gated access roadways shall be electronically operated using the Click to Open
system. The electronic opening system shall be compatible with the Fire Department
equipment and include a KNOX key over ride for both Fire and Police access. The gate
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shall be recessed from the roadway and a visitor turn out provided. A building permit shall
be obtained for the gate installation.
105. Fire Hydrants shall be able to flow at 1500 gpm with a 20 psi residual pressure. Street
hydrants shall be spaced every 300 feet, and be located within 150 feet of any building.
Off -site improvement plans shall identify fire hydrants per the City standard. Hydrants
shall be installed prior to commencement of construction with combustible materials.
106. All homes shall be provided with water laterals and meters sized to allow for a residential
NFPA 13d fire sprinkler system. At a minimum, the off -site improvement plan shall
provide 1.5 inch water laterals and 1" meters sized to allow for a residential NFPA 13d fire
sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the purpose
of Fire Sprinkler design.
107. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of
not less than 13.5 feet shall be provided. Turning radius shall not be less than 32 feet
inside and 39 feet outside. Fire apparatus shall not be required to cross to the opposite side
of a street as part of a turning movement onto that street or onto another street. Dead end
streets shall be designed to provide a cul -de -sac of 78 -foot diameter unless it qualifies for
an exemption.
108. Road widths shall be as follows:
a. Less than 28 ft., no parking on either side;
b. Less than 36 ft., no parking on one side; and
c. 36 ft. or more, parking not restricted.
109. Where parking is restricted, curbs shall be painted red with the stencil FIRE LANE every
25 feet, or No Parking - Fire Lane signs shall be installed every 75 feet per MUTCD
standard. Include curbing and/or signage details in the Off -Site improvement plans.
Private roadway striping and/or signage shall be enforced and maintained by the HOA.
110. Street naming shall be done prior to off -site improvement plan and building plan submittal.
Street A shall be named as two streets as the City Street naming policy does not provide for
a street name to continue in a perpendicular route. Addresses shall be assigned by the City
Engineering Division prior to improvement plan and building permit submittal. Street
signage shall be installed prior to commencement of any on -site improvements
(foundations or buildings).
111. Open spaces, including storm water detention/retention basins, agricultural lots, landscaped
and naturally vegetated areas, shall have vegetation management to remove dead plants and
debris, and to remove, disc or mow weeds during weed abatement season from April to
November of each year. In HOA managed areas, the HOA shall be responsible. For
privately owned property, vegetation management shall be performed by the property
owner.
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112. 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).
113. Chimneys shall have spark arrestors installed. No permanent outdoor, wood -fired
fireplaces /pits are allowed. Trees and tree branches shall not be within 10 feet of a
chimney.
114. 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.
PASSED AND ADOPTED this 215` day of March 2016 by the following roll call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCIL MEMBERS
ATTEST:
Freels, City {Clerk
BRACCO, HARNEY, TUCKER, VELASCO
and WOODWARD
NONE
LEROE -MUNOZ
AULMAN
4836-0154-6286vl
JH\047 06089 RESOLUTION NO. 2016 -15
JH1041
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2016 -15 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 21s' 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 day, ;of March, 2016.
Ana Freels, MMC
City Clerk of the City of Gilroy
(Seal)