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Resolution 2016-13RESOLUTION NO. 2016-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ARCHITECTURAL AND SITE REVIEW AS 14 -46, TO ALLOW THE CONSTRUCTION OF A FOUR - STORY, 100 -ROOM HOTEL ON A 1.51 -ACRE SITE LOCATED EAST OF HIGHWAY 101 AND SOUTHEAST OF THE MONTEREY ROAD/TRAVEL PARK CIRCLE INTERSECTION APN 841 -75 -006 AND 841 -75 -012 FILED BY SHARAD LAL, SKL ASSOCIATES WHEREAS, SKL Associates ( "Applicant') submitted an Architecture and Site application (AS 14 -46) requesting the development of a 100 room four -story hotel with two meeting rooms, an exercise room, breakfast nook and outdoor pool; and WHEREAS, the subject property is located east of Highway 101 and southeast of the Monterey Street/ Travel Park Circle intersection (Assessor Parcel Number 841- 075 -012 and 841- 075 -006); and WHEREAS, the property is located within a CM /PUD (Commercial Industrial, Planned Unit Development) zoning district; and WHEREAS, the Applicant has requested a height increase of up to 52 feet (4 stories) and the district allows up to 35 feet (2 stories), a reduction in the landscape planter dimensions where trees are proposed from 8 feet to 5 feet and shared parking as part of a PUD amendment; and WHEREAS, the Applicant will be providing amenities which include two locations of public art along Travel Park Circle and along Monterey Road, a sidewalk extension underneath the Highway 101 off -ramp, and increased landscaping on the hotel site; and WHEREAS, the Planning Commission reviewed the related Mitigated Negative Declaration for AS 14 -46 along with project related materials, at a duly noticed public hearing on March 3, 2016, and recommended that the City Council approve AS 14 -46; and RESOLUTION NO. 2016--13 4815 - 9046 -22550 JH104706089 WHEREAS, the City Council finds that AS 14 -46 conforms to the City's General Plan and elements thereof. NOW, THEREFORE, BE IT RESOLVED THAT: Application AS 14 -46 is hereby approved subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "AS 14 -46 Hampton Inn Final Conditions of Approval." PASSED AND ADOPTED this 21st day of March, 2016 by the following roll call vote: AYES: COUNCILMEMBERS: AULMAN, BRACCO, HARNEY, TUCKER, VELASCO and WOODWARD NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: APPROVED: Pe rr oodward, Mayor ATTEST: , Sha reels, City C 4815-9046-22550 JH104706089 RESOLUTION NO. 2016 -13 6089 EXHIBIT A AS 14 -46 Hampton Inn Final Conditions of Approval GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is granted by the Planning Manager, pursuant to the City Code. 2. Approval of AS 14 -46 (hereinafter "this permit ") is granted for approved plans stamped as "Received on January 13, 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) 3. 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) 4. Developer shall obtain building permits for the plans within one (1) year from the date of this permit approval. If such building permits are not received within the time frame, this permit shall automatically become null and void. (PL, G -13) 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 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) 7. 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 amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G -3) 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. 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) 10. 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) 11. 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) 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 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) 3 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. Prior to issuance of a certificate of occupancy, Developer shall install landscape and automatic irrigation systems that have been approved by the Planning Division. The applicant shall provide certificate verifying that the landscape and irrigation has been installed in accordance with the approved plans and in compliance with the State Model Water Efficient Ordinance (MWELO). The 4 certificate shall be provided by a licensed landscape architect or other person authorized in California to design a landscape, in compliance with MWELO. 20. 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 -24) 21. 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 -25) 22. 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 -26) 23. 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 -27) 24. 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 -28) 25. 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 -29) 26. 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 -30) 5 27. 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 -31) 28. Developer shall properly maintain landscape planting and all irrigation systems as required by the City Code and as specified by this permit. Failure of Developer to do so may result in revocation of this permit and initiation of legal proceedings against Developer to ensure compliance. 29. For the life of the project, Developer shall maintain landscaping and irrigation it 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) 30. 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) 31. 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) 32. 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) 33. 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 0 grading permit will be issued only after payment of assessed fees and approval of the Habitat Plan permit. (PL, PL -9) 34. 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) 35. 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 (PUBL, 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." 36. 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 (PUBL, PL -10): 7 "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; 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." PLANNING DIVISION SPECIAL CONDITIONS 37. Final landscape plans shall show the hotel. Planting shall be installed prior to final of building permits. 38. The architectural wall proposed to screen roof - mounted equipment shall be painted to match the roof. Details of this shall be provided as part of building permit submittal. 39. The applicant shall install two art pieces. Prior to issuance of building permits agreed upon as such time by the Community Development Director, whichever is later for the proposed art work along Travel Park Circle and on Monterey Road, the applicant shall work closely with an artist of their choice and obtain the following approvals: City Council approval for the design of the proposed art piece; and Community Development Director approval of the art piece's location. Prior to building permit final, the applicant shall erect the approved art piece in the approved location along the Monterey Street frontage. The developer must ensure that the art piece is continuously maintained and is responsible for replacement, if necessary. 40. The developer shall ensure that the trash enclosures are consistent with the architecture of the building adjacent to the enclosure. The trash enclosure on the restaurant lot shall be improved to match the enclosure of the hotel site, including covering of enclosure. Final plans for both enclosures shall be provided and approved by the Planning Manager prior to issuance of building permits for that property. 41. The restaurant parking lot has been vacant for several years and is in need of repair. The Developer shall provide an improvement plan for review and approval by the Planning Manager and install all parking lot improvements, prior to the issuance of certificate of occupancy for the hotel. The improvement plan shall show the two parking lots to be improved with similar surfaces and quality. 42. Developer shall maintain the parking areas free or liter and debris. Developer shall sweep sidewalks, drive aisles, and parking lots regularly to prevent accumulation of litter and debris. When swept or cleaned, debris must be trapped and collected to prevent entry into the storm drain system. Developer may not discharge any cleaning agent into the storm drain system. 43. Prior to occupancy of the restaurant, the Developer shall provide a parking analysis showing no shortage of parking for both sites. The parking analysis shall include provisions for valet parking, triggers for valet parking, and a management plan for signage and circulation when valet parking is offered. 44. Prior to issuance of building permits for the hotel, the applicant shall provide a plan with the schedule of fees and usage requirements for community groups interested in using the meeting rooms. Copies of the meeting room requirements shall be made available to interested parties as requested. 45. Prior to final of building permits, the Developer shall record a covenant of easement or other legal document specifying the terms and conditions of the shared parking and recipical ingress /egress between the two properties. Said E agreement shall be provided to the City of Gilroy for review and approval prior to recordation onto both properties. 46. All signage for the hotel site must be in accordance with Gilroy Code Section 30.37.10, including size limitation and placement. Materials and colors of signage must be consistent with the architecture and colors of the building. 47. Final lighting plans for both the hotel and restaurant shall be submitted prior to issuance of building permits for each parcel. Lighting shall be of same wattage and intensity for both properties. 48. Prior to issuance of a building permit, the developer shall submit a construction schedule to confirm the anticipated grading and construction timeframes. The project applicant will be responsible for implementation of this mitigation measure. a. If noise generation, ground disturbance, vegetation removal, or other construction activities begin during the bird nesting season (February 1 to August 31), or if construction activities are suspended for at least two weeks and recommence during the bird nesting season, then the project applicant will retain a qualified biologist to conduct a pre- construction survey for nesting birds. b. The survey will be performed within suitable nesting habitat areas on and adjacent to the site to ensure that no active nests would be disturbed during project implementation. This survey will be conducted no more than two weeks prior to the initiation of disturbance and /or construction activities. A report documenting survey results and plan for active bird nest avoidance (if needed) will be completed by the qualified biologist and submitted to the City of Gilroy Planning Division Manager for review and approval prior to disturbance and /or construction activities. c. If no active bird nests are detected during the survey, then project activities can proceed as scheduled. However, if an active bird nest of a protected species is detected during the survey, then a plan for active bird nest avoidance prepared by the qualified biologist will determine and clearly delineate an appropriately sized, temporary protective buffer area around each active nest, depending on the nesting bird species, existing 10 site conditions, and type of proposed disturbance and /or construction activities. The protective buffer area around an active bird nest is typically 50 -300 feet, determined at the discretion of the qualified biologist. d. To ensure that no inadvertent impacts to an active bird nest will occur, no disturbance and /or construction activities will occur within the protective buffer area(s) until the juvenile birds have fledged (left the nest), and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. 49. In the event of an accidental discovery of archaeological resources, the following standard language shall be included in any permits issued for the project: a. If cultural resources are discovered during construction, work shall be halted at a minimum of 165 feet (50 meters) from the find and the area shall be staked off. The monitoring professional archaeologist, if one is on site, shall be notified. If a monitoring professional archaeologist is not on- site, the city shall be notified immediately and a qualified professional archaeologist shall be retained. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party. 50. In the event of an accidental discovery or recognition of any human remains, the following language shall be included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: a. 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 MILD 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 11 his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MILD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 51. Subject to review and approval by the City Engineer, the applicant shall prepare and submit an updated geotechnical report to address the revised project description, and all recommendations contained within the updated geotechnical' report shall be implemented within construction of the project. 52. The following measures shall be incorporated into the final improvements plans, subject to review and approval by the Gilroy Building Department, prior to approval of the final improvement plans. The mitigation measures apply to guest rooms only, not to bathrooms, common space, or commercial areas. a. Exterior walls for all guest rooms shall be 7/8" stucco, minimum. b. All guest room windows must meet acceptable Sound Transmission Class values for all stories, as follows: South (Monterey Street) Facing (STC 40 with laminated pane) West Facing (STC 36) East Facing (STC 36) North (Front) Facing (STC 35 or even 34) c. Windows must have excellent quality gasketing, must be weather stripped, and sealed air tight into window openings, consistent with air infiltration requirements of Title 24. d. Ventilation paths must not compromise noise isolation provided by the building shell. The building design shall include noise rated Packaged Terminal Air Conditioners, as follows: South (Monterey Street) Facing (STC 30) 12 West Facing (STC 26) East Facing (Minimum STC 26) North Facing (Front) (Minimum STC 26) 53. Project improvement plans shall accommodate one bike locker for every 30 employees and 30 guest rooms on the site. Thus, the project should provide a total of four bike lockers on site, three for the 100 guest rooms and one for employees. This requirement shall be included in the project improvement plans, subject to review and approval by the City Planning Commission, prior to approval of the project. ENGINEERING CONDITIONS 54. 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 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. a. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including, but not limited to, the California Department of Transportation (CalTrans). b. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 56. 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. 13 57. 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. 58. Prior to 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. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy.. 59. 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. 60.All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan ( SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on -site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to Improvement Plan approval. 61.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 14 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. 62. Prior to building permit issuance, 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. 63. 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. 64. 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. 65. Sanitary sewer laterals and /or water meters located in driveways shall have traffic rated boxes and lids. 66. The Developer shall ensure that 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, as verified and approved by the Engineering Division. 15 67. The Developer /Contractor shall make accessible any or all City utilities as directed by the Public Works Director. 68. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. 69. At least one week prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site 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. 70. 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. 71. 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. 72. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 73. 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.. 74. 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 16 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. 75. 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. 76. 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. 77. 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. 78. 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. 17 79. The Developer has agreed to perform the following improvements: i. Designation of a bike route along South Monterey Street between South Travel Park Circle and Southbound off - ramps. ii. Installation of a minimum 3 Y2 foot sidewalk extension along the north side of Monterey Street under the Highway 101 Overpass to join the existing sidewalks. iii. Refreshing of the centerline striping along the project's Travel Park Circle frontage. iv. Installation of bike route signage on each street light pole on Travel Park Circle. b. At improvement plan phase, submit revised plans that address the following: i. Install three MUTCD, OM2 -1 H object markers on the three median nose tips at the northerly intersection of Travel Park Circle and Monterey Street. In addition, refresh the existing white reflective paint on the median. ii. Refreshing of the crosswalk striping at the northerly intersection of Travel Park Circle and Monterey Street. In addition, install two MUTCD sign type W11 -2 supported by MUTCD sign types M6 -2A or W16 -7P to warn vehicles approaching the crosswalk from Monterey Street and vehicles exiting Travel Park Circle. 80.The site is located within Zone AE, 186.50' North American Vertical Datum of 1988 (NAVD88). The effective Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map shows the entire project site to be within Flood Zone AE. Based on a topographic survey of the site performed by the project, a portion of the site should be outside Flood Zone AE. A portion of the proposed building is still within Flood Zone AE. L Elevate the lowest floor of the proposed building at least one foot above 186.50' NAVD88. ii. An Elevation Certificate (FEMA Form 086 -0 -33) for the proposed structure, based on construction drawings, is required prior to issuance of a building permit. Consequently, an Elevation Certificate based on finished construction is required for the built structure prior to issuance of an occupancy permit. iii. Building support utility systems such as HVAC, electrical, plumbing, air conditioning equipment, including ductwork, and other service facilities must be elevated above the base flood elevation or protected from flood damage. 18 81. Prior to issuance of a grading permit, the Developer shall revise the grading plan to show the following: i. Overland release arrows on site ii. Pavement conforms iii. Limits of new swales that include the top and bottom iv. All proposed retaining walls 82. The Developer shall submit an updated geotechnical report to show infiltration rates and the required fill prior to the issuance of grading permits. 83. The project is subject to post- construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. At grading permit phase, revise the Stormwater Control Plan to show the following: i. Additional details for the proposed dual 60" underground retention ii. Depth of cover over underground retention structure to confirm that it can support fire truck loading b. The proposed bioretention swale shall not encroach into the Public Utility Easement adjacent to Travel Park Circle. c. At grading permit phase, submit the Stormwater Runoff Management Plan and the final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. d. Stormwater BMP Operation and Maintenance Agreement i. Prior to building permit issuance, 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.. 19 iv. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired /replaced by the property owner(s) 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. e. 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: iii. Site address; iv. Date and time of inspection; v. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected; viii. Description of any needed maintenance or repairs; and ix. As applicable, the need for site re- inspection. 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. FIRE DIVISION CONDITIONS 84. The Developer shall ensure that driveway aisles are a minimum of 26' wide and Fire Truck Turning Radius are provided around the building. 85. An installation permit from the Fire Marshal is required for the Private Fire Water Supply consisting of an aboveground DDCA with integrated FDC. 20 86. Building Fire sprinkler system shall meet NFPA 13 and are subject to review and approval by Fire Prevention. Interior Fire Sprinkler Risers are required. 87. Fire Alarm systems at a minimum shall provide water flow monitoring for each floor level, a tamper switch at the DDC and PIV (if one is present), a pull station and smoke detector at the riser location. A separate permit is required for the Fire Alarm System. Other fire alarm system components will be added pursuant to the Fire and Building Code for the occupancy classification of the building. 88. A street / public hydrant shall be within 50 feet of the private fire system FDC. Other hydrants to be installed to meet the City Standards of 150 ft to any portion of the building and along streets every 300 ft. 89. Buildings three stories and greater shall provide a wet standpipe off of the fire sprinkler riser. The standpipe shall provide a 2'/2 inch hose connection at each floor in a stairwell and an outlet at the roof. Each of the 2 exterior access stairwells shall provide hose standpipes. Please size the stairwells accordingly. These stairwells shall be 2 hour rated and provide roof access. 90. A minimum of one elevator shall meet the minimum size for gurneys as used by the Gilroy Fire Department. This calls for a minimum inside dimension of 80" by 65" which is provided by a 3500 lb elevator. 91. Buildings must support adequate public safety radio coverage. Any building or structure which fails to support adequate radio coverage for the city's public safety communication systems, shall include an amplification system to provide for voice and data communications for police and fire division personnel. 92. For purposes of this section, adequate radio coverage shall include all of the following: a. A minimum signal strength of 95 dBm available in ninety (90) percent (90 %) of the area of each floor of the building when transmitted from the closest city public safety communications system site; b. A minimum signal strength of 95 dBm received at the closest city public safety communications system site when transmitted from ninety (90) percent of the area of each floor of the building; c. The frequency range which must be supported shall be 150-- 174MHz (voice) and unknown MHz (data); and 21 d. A ninety (90) percent reliability factor. e. Amplification systems allowed include: 1. A radiating cable system; or 2. An internal multiple antenna system with FCC type accepted bi- directional amplifiers as needed. f. If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and /or generator system for a period of at least twelve (12) hours without an external power input. The battery system shall automatically charge in the presence of an external power input. 93. All hazardous materials uses shall comply with local, state and federal regulations. Swimming Pool Chemicals and hazardous wastes shall be maintained under a CUPA program permit issued to the operator prior to final inspection. 94. All new commercial and industrial buildings shall have a sewer test manhole installed on the property (see City Specifications) and in an area that can be readily accessed by an inspector, (minimum of one for each building). 95. Kitchens /Cooking facilities: All cooking facilities shall be provided with a grease trap or clarifier, sized for the anticipated flows. No garbage disposals are allowed. See Chemical Control Grease Interceptor Policy Documents for sizing and type. 96. An industrial waste discharge permit is required from the Chemical Control Program prior to any industrial waste water discharge to the Sanitary Sewer System. The permit shall be maintained and renewed as required. I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2016 -13 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 21" 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-Nlarch, 2016. Ana Freels, MMC City Clerk of the City of Gilroy (Seal)