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)
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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
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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)
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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
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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):
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"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
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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
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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
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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)
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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.
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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
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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.
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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
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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.
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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.
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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..
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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.
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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
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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)