Resolution 2016-22RESOLUTION NO. 2016 — 22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
GRANTING THE APPEAL AND APPROVING ARCHITECTURAL AND
SITE REVIEW AS 14 -41, TO ALLOW THE CONSTRUCTION OF A
FOUR - STORY, 75 -UNIT AFFORDABLE SENIOR APARTMENT
COMPLEX ON A 1.86 -ACRE SITE LOCATED ON THE EAST SIDE OF
MONTEREY STREET NORTH OF ERVIN COURT (APN 841 -14 -011).
FILED BY GENE BROUSSARD, AMG AND ASSOCIATES
WHEREAS, AMG and Associates ( "Applicant") submitted AS 14 -41 requesting the
development of 75 residential units known as the Gateway senior apartments; and
WHEREAS, the subject property is located on the east side of Monterey Street north of
Ervin Court within the Downtown Gateway zoning district (Assessor Parcel Number 841 -14-
0l l); and
WHEREAS, the allowable density within the Downtown Gateway zoning district is 30
du/acre, or 56 units for the 1.86 -acre site; and
WHEREAS, the Applicant has requested a 35% density bonus under the provisions of
Gilroy City Code 30.46.40 and State Statute, increasing the allowable number of units to 75; and
WHEREAS, the Applicant has also requested exceptions or concessions to two
development standards of the Downtown Gateway zoning district for building height and
perimeter landscaping as allowed per Gilroy City Code 30.46.40; and
WHEREAS, the project is proposed to be 100% affordable consisting of 89 percent of the
units for low income households and 11 percent for very low income households; and
WHEREAS, the Planning Commission reviewed the related Residential Development
Ordinance application, RDO HE 14 -02, at a duly noticed public hearing on November 5, 2015,
and recommended that the City Council approve allocation of 75 RDO Housing Exemption units
under the Downtown category; and
WHEREAS, on December 7, 2015, the City Council reviewed and approved the
allocation of 75 RDO Housing Exemption units under the Downtown category; and
4817- 1323 -01270 RESOLUTION NO. 2016 -22
JH104706089
WHEREAS, the Planning Commission of the City of Gilroy has considered the Staff
Report dated February 18, 2016, along with testimony received at the duly- noticed public
hearing regarding an Architecture and Site Review application (AS 14 -41); and
WHEREAS, on February 18, 2016, the Planning Commission denied AS 14 -41; and
WHEREAS, on February 21, 2016, the Applicant filed an appeal; and
WHEREAS, on March 21, 2016 the City Council heard the appeal and continued the
appeal of AS 14 -41 to the April 4, 2016, City Council meeting; and
WHEREAS, on April 4, 2016, the City Council heard the appeal and continued the
appeal of AS 14 -41 to the April 18, 2016, City Council meeting; and
WHEREAS, on April 18, 2016, the City Council considered the continued appeal and all
additional documentation related to AS 14 -41 and granted the appeal subject to the revised
conditions.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
Application AS 14 -41 is hereby approved subject to the conditions of approval set forth
in Exhibit "A" attached hereto and entitled "AS 14 -41 Gateway Apartment Final Conditions of
Approval."
PASSED AND ADOPTED this 18th day of April, 2016 by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ,
TUCKER, and WOODWARD
NOES: COUNCILMEMBERS: HARVEY, VELASCO
ABSTAIN: COUNCILMEMBERS
NONE
AP VED:
Perry ward, Mayor
ATT
awna Freels, CitWvlerk
4817- 1323 -01270
JM04706089
RESOLUTION NO. 2016-22
EXHIBIT A
AS 14-41 Gateway Apartment
Final Conditions of Approval
GENERAL PROJECT CONDITIONS
This permit is granted for the property described in the application on file with the
Planning Division, and may not be transferred from one property to another, unless
a request is granted by the Planning Manager, pursuant to the City Code.
2. Approval of AS 14-41 (hereinafter "this permit") is granted for approved plans
stamped as "Received on May 22, 2016" ("the plans ") on file with the Planning
Division. Build -out of the project shall conform to the plans, except as otherwise
specked 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.
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.
4. Developer shall obtain building permits for the plans within two (2) years 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.
5. Should developer intend to request an extension to the permit expiration date,
Developer must submit to the Planning Division a written application with
applicable fees prior to the expiration date. Only timely requests may be
considered pursuant to the City Code.
6. 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.
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 its officers,
contractors, consultants, attorneys, employees, or agents to challenge, attack, set
aside, void or annul the approval of this resolution or any condition attached
4852.3099- 1409v1
NON- BC104706089
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.
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.
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.
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.
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.
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.
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.
14. Developer shall submit plans for building permit applications that include, on all
sets, a reproduction of all conditions of approval of this permit (can be an 8.5" x 11"
sheet stapled to building plans), as adopted by the decision - maker. (PL, PL -3)
48523099 -14090
NON-BC104706089
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, PLA)
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.
17. Prior to issuance of grading permits unless otherwise approved by the Community
Development Director or designee, 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.
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.
19. With submittal of landscape and irrigation plans, Developer shall obtain approval of
the Planning Manager or designee of a plan showing on the project property all
existing trees and identifying the trees to be saved, transplanted or removed.
20. 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) and the City's Consolidated
Landscaping Plan requirements. Prior to issuance of a certificate of occupancy,
Developer shall install landscape and automatic irrigation systems that have been
approved by the Planning Division.
21. 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 (except when exiting out on Monterey Street). 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.
22. 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
4852-3099- 1409v1
NON- BC104706089
all necessary supporting documentation and payment to the Community
Development Department, for compliance verification of the landscape installation.
23. For the life of the project, Developer shall maintain landscaping and irrigation in
accordance with the approved plans, except as otherwise permitted or required by
law. Significant changes to the number, placement, and selection of plant species
may require a modification to this approval, to be determined by the Community
Development Director or designee.
24. 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.
25. Prior to building final, 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.
26. Prior to building final, 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.
27. Prior to issuance of building permits, Developer shall include and identify the
placement and design of directory sign(s) and location map(s) for mufti- family
residential projects. Such signs /maps shall be installed prior to occupancy of the
first unit.
28. Light standards illuminating interior walkways shall be not more than eight (8) feet
in height, and shall not intrude into the private living or patio areas. Light standards
serving recreational areas held in common shall be no more than 15 feet in height,
and shall be directed away from dwelling units.
29. Concurrent with or prior to an application for a grading permit, Developer shall
apply for a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The
grading permit will be issued only after payment of assessed fees and approval of
the Habitat Plan permit.
30. 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
4852 - 3099-14090
NON- BC104706089
payment of the Santa Clara Valley Habitat Plan fees 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.
31. 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:
"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 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."
32. 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:
"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;
4852-3099 -14090
NON- BC104706089
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
33. Final landscape plans shall show details of the e_ nhanced landscaping along the
Monterey Street frontage and shal_I include side and rear perimeter shrubs and
plantings that will grow to at least 4 feet high. In accordance with the Multi- Family
Residential Policy, the landscaping plans shall show no single species of any
category of plants (trees or shrubs) to comprise more than 20 percent of the total
plant palette in that category and 33 percent of the plant material provided at a
minimum size of 24" box for trees (15- gallon for oak trees), five gallon for shrubs,
one gallon for perennials. Planters shall be provided for each ground floor unit,
building entrance, each sidewalk entry from the street and entry from the parking
areas. Planting shall be installed prior to final or occupancy of any of the units as
verified by the Planning Division.
34. 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.
35. The applicant shall provide a plan showing appropriate treatments, specifically 12
sunshades on additional windows, on the front elevation of the two, projecting wall
segments for the review and approval by the Planning, Manager prior to issuance
of building permits.
36. No trimming, cutting, pruning, or excavations within the "tree protection" area for
one oak tree (Tree 345). The applicant shall ensure tree protection measures are
installed prior to the start of grading and /or clearing work. Prior to issuance of a
building permit, the Applicant shall submit a letter to the Planning Division signed
by the consulting arborist documenting that the tree protection measures were
completed according to the arborist's recommendations and approved plans.
4852 -3099 -14090
NON -BC104706089
37. Eleven oak trees (Tree 341, 342, 343%344, 346, 337, 338, 335, 336, 339, 340, and
337) are the only trees permitted to be removed with this Architectural and Site
Review approval and will be verified upon inspection. Removal' of any other tree
on site is not permitted without undergoing review and receiving approval by the
Planning Manager. Prior to final of the building permit, the Applicant shall submit a
letter to the Planning Division signed by the consulting arborist indicating which
trees are significant trees in accordance with the City Landscaping Policy and
confirming each oak tree removed is replaced with an oak tree of 15 gallons in size
within the proposed landscaping in accordance with the final landscape plans.
38. Prior to issuance of the building permit,, .the applicant shall work with a licensed
arborist to incorporate tree replacement (of the same tree types) within the project
site. Aff arborist recommendations shall be ,listed on the final landscape plans.
39. In order to avoid ,potential impacts to seasonally nesting birds on =site, prior to any
tree removal, the Developer shall provide a pre - construction nesting bird survey if
noise generation, ground disturbance, vegetation removal, or other construction
activities begin during the bird nesting season (February 1 to August 31).
40. Prior to issuance of the building permit, the Developer shall submit details of the
fencing design (wrought iron fence and sound attenuating wall) with the exact
location of each, including the wrought iron fencing at 26 feet back from the face_ of
curb for review and approval by the Planning Manager. All fencing ,must have
decorative details and finishes of quality materials.
41. All low and very low income rental units must be affordable for a minimum of 30
years or longer period of time if required by the construction or mortgage financing_
assistance program, mortgage insurance program, or rental subsidy program.
Prior to issuance of building permits, the applicant shalt execute and record at the
Santa Clara County recorder's office a deed restriction which explains the
affordability requirement and ensures that continued affordability consistent with
the terms of this section (Section 30.46.40(i)(4)).
42. The developer shaft enter into a contract with the city agreeing to restrict the rental
rates of units and age of residents within this development, such that they are
consistent with the provisions of Gilroy City Code section 30.46.40. This condition
shall be subject to the review and approval of the Planning Division Manager.
43'. The developer shall ensure that the trash enclosure is consistent with the
architecture of the building and' includes a solid cover as approved by the Planning_
Manager prior to issuance of building permits.
44. 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
4852 -3099 -14090
NO"C104706089
to prevent entry into the storm drain system. Developer may not discharge any
cleaning agent into the storm drain system.
45. Developer and operator shall provide literature in each apartment explaining the
importance of recycling, what can be re_ cycled, and providing suggestions for
source reduction, as well as water and energy conservation. Such literature shall
be made available to the City upon request.
46. Prior to issuance of a building permit, project - specific acoustical analyses are
required to confirm that interior noise levels will be reduced, to 45 dBA Ldn or
lower. The specific determination of what_ noise insulation treatments are
necessary will be conducted, on a unit -by -unit basis. Results of the analysis,
including the description of the necessary noise control treatments, will be
submitted to the City along with the building plans and approved. Building sound
insulation requirements would need to include the provision of forced -air
Mechanical ventilation for units throughout the site, so that windows could be kept
closed at the occupant's, discretion to cont_rof noise.
47. The Developer shall ,ensure that the project provides sound rated windows and
doors to ,maintain noise levels at acceptable levels. Preliminary calculations made
based on the data contained in the conceptual design plans indicate that sound-
rated, windows and doors with a sound transmission class rating of STC 29 would
be sufficient to control noise and achieve the 45 dBA Ldn interior noise standard at
residential facades with line -of -sight to Monterey Road. The results of the
calculations showed that windows with line of sight to the UPRR corridor should be
28 STC or greater. Evidence of the interior noise standard shall be provided prior
to issuance of'building permits.
ENGINEERING CONDITIONS
48. Other than normal frontage improvements, no separate off-site sidewalk or
walkway is required. Prior to, and as a condition of obtaining its first construction
permit (e.g., a grading permit or building permit), Developer shall pay the City the
sum of Seventy -Three Thousand Four Hundred Thirty -Eight Dollars ($73,438),
which the City agrees to use solely for the purpose of helping to pay for future off -
site improvements in the same geographic zoning district in which the Property is
located.
49. The project shall include and install bicycle improvements along its frontage to be
consistent with the City's General Plan which shows future Class II bike lanes
along Monterey Road, south of Tenth Street. Said improvements shall be provided
to the City of Gilroy's Public Works Director /City Engineer for review and approval.
50. Developer shall perform all work in compliance with the City of Gilroy
Specifications Standards Design Criteria, and Development Agreement and is
subject to all laws of the City of -Gilroy by reference. Property improvements and
4852 -3099 -14090
NON- B=4706089
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.
a. 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.
b. As part of the first submittal of the Improvement Plans to the Engineering
Division, the Developer shall submit vector -based electronic files readable
in PDF format. Additionally, after the Improvement Plans have been found
to be technically correct and in substantial conformance with the approved
Tentative Map, the Developer shall again submit vector -based electronic
files readable in PDF format.
c. The Developer shall provide security fencing around the site during
construction of the project to the satisfaction of the Public Works Director.
d. Developer shall coordinate an inspection with the Public Works Inspector
for proposed building prior to Engineering_ signature on Building_ 's Final
Clearance Form.
e. All existing utility poles shall be removed; and all utilities placed
underground. No new poles are allowed.
5. 1. 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. The
fees shall be based on the current comprehensive fee schedule in effect atthe
time of fee payment; consistent with city policy.
52. 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.
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.
53. Developer shall submit a final photometric plan subject to the review and approval
by the City Transpo=rtation Engineer prior to the issuance of the first building permit.
54. Developer shall install all joint trench to have (4) dedicated 1112" SCH 80 PVC
conduit for City Fiber Optic need in a quad duct arrangement along Monterey Road
48523099- 1409v1
NON- BC104706089
frontage. Quad duct shall be per City STD EL -11, subject to the City E_ ngine_ ers_
review and approval.
55. Developer shall install all street light conduits as 2" SCH40'PVC per City Standard
EL -1 and related pull boxes shall follow City Standard El-z`14. All final streetlight
locations shall be to the satisfaction of the City Transportation Engineer and shall
follow City standards.
56. Developer shall design driveway grades to keep the automobile from, dragging or
"bottoming out" on the street or driveway and to keep water collected in the street
from the flowing onto the project site. The details of such design shalt be provided
at improvement plan phase and shall be to the satisfaction of the City
Transportation Engineer.
57. 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 shalt 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.
58. 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 Pla__n 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
IPlan (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. Water Discharge Identification number
(WDID) shall be provided prior to Improvement Plan /Final Map approval.
59. All grading operations and soil compaction activities shall be per the approved
project's geotechnica4 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 a_II site preparation and cut/fill
construction were performed in conformance with the requirements of the project's
geotechnical report. This shall be subject to review and approval by the
48523099 -14090
NON- BC104706089
Engineering Division. The developer shall add this condition'to the general notes
on the grading' plan.
60. Prior- to lissuance of the first building permit, the applicant's soils engineer shall
review the final grading and drainage plans to ensure that designs for foundations,
retaining walls, site grading, and site drainage are in accordance with their
recommendations and the ,peer review comments. The applicant's soils engineer's
approval shall then be conveyed to the City either by letter or iby signing the plans.
61. WATER CONSERVATION: The project shall fully comply with the measures
required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City
Code, Chapter 27, Article VI), and subsequent amendments to meet the
requirements imposed by the State of California's Water Board. This ordinance
established permanent voluntary water saving measures and temporary
conservation standards.
a_ . All construction water from fire hydrants shall be metered and billed at the
current hydrant meter rate.
b. Recycled water shall be used for construction water, where available, as
determined by the Public Works Director. Recycled water shall be billed
at the municipal industrial rate based on the current Santa Clara Valley
Water'District's municipal industrial rate.
c. Where recycled water is not available, as determined by the Public Works
Director, potable water shall be used. All City potable water will be billed
based on the City's comprehensive fee schedule under the Portable Fire
hydrant meter rate.
62. WATER: The Developer shall perform field verification testing of the water system
and will modify any part of the systems that does not perform to the standards
established by the City.
63. UTILITIES: The Developer shall ensure that all sanitary sewer laterals and /or water
meters located in driveways shall have traffic rated boxes and lids subject to the
approval of the Public Works Director.
64. 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 subject to the approval of the Public Works Director.
65. The Developer /Contractor shall make accessible any or all City utilities as directed
by the Public Works Director.
66. The Developer shall ensure that all storm and' sewer lines in private areas are
maintained unless approved by the Public Works Director.
4852 -3099 -14090
NON- BC104706089
67. Improvement, plans are required for all on -site and off -site improvements. The
following items will need to be completed prior to first building permit submittal:
a. 'The Developer shall) provide joint trench composite plans for the
underground electrical, gas, telephone, cable television, and
communication conduits and cables including the size, location and details
of all trenches, locations of building utility service stubs and meters and
placements or arrangements Of junction structures as a' part of the
Improvement Plan submittals for the project. Show preferred and
alternative locations for all utility vaults and boxes if project has not
obtained !PG &E approval. A licensed Civil or Electrical Engineer shall sign
the composite drawings and /or utility improvement plans. (All dry utilities
shall be placed underground).
b. The Developer shall negotiate right -of -way with Pacific Gas and Electric
and other utilities subject to the review and approval by the Engineering
Division and the utility companies.
c. The Developer shal_I provide a "Will Serve Letter" from each utility
company for the project to the City's Public Works Director /City Engineer.
68. Prior to improvement plan approval the Developer shall ,provide a joint trench
composite plan to the Public Works Director /City Engineer for review and approval.
A note shall be placed on the joint trench composite plans which states that the
plan agrees with City C_ odes and Standards and that no underground utility conflict
exists.
69. Prior to any construction of the dry utilities in the field, the following will need to be
supplied to the City:
a. A professional engineer - signed and PG &E- approved original electrical
plan.
b. A letter from the design Electrical or Civil Engineer that states the
electrical plan conforms to City codes and Standards, and to the approved
improvement plans.
70. NOTICING: At least one week prior to commencement of work, the Developer
shall post at the site and mail to owners of property within (300') three hundred
feet of the exterior boundary of the project site, to the homeowner associations of
nearby residential projects and to the Engineering Division, a notice that
construction work will commence on or around the stated date. The notice shall
include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall, be included.
The 1_ist shall be current at all times and shall consist of persons with authority to
4852-3099 -14090
NON- BC104706089
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.
71. START OF CONTRUCTION: The City shall' be notified at least two (2) working
days prior to the start of any construction work and at that time the contractor shall
provide a project schedule and a 24 -hour emergency telephone number list.
72. WORKING HOURS: Construction activity shall be restricted to the period between
7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m._ t67:00,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.
73. WORK INSPECTION: All work shown on the improvement plans shall be
inspected. Uninspected work shall be removed as deemed appropriate by the
Public Works Director.
74. HAUL PERMIT: If the project has excess fill or cut that will Ibe 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.
75. DUST CONTROL: Blowing dust shall be reduced by timing construction activities
so that paving and building construction begin as soon as possible after completion
of grading, and by landscaping disturbed soils as soon as possible. Further, water
trucks shall be present and in use at the construction site. All portions of the site
subject to blowing dust shall be watered as often as deemed necessary by the
City, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites in
_order to insure p "roper 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.
76. CONSTRUCTION STREET PARKING: The Developer shall ensure that no
vehicle having a manufacturer's rated gross vehicle weight exceeding ten
thousand (10,000) pounds shall be allowed to park on the portion of a street which
4852-3099 -14090
NON- BCX04706089
abuts property in a residential zone without prior approval from the Public Works
Director (§ 15.40.070).
77. STREET MAINTENANCE: It is the responsibility of the contractor to make sure
that alb 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.
78. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or
replace all existing improvements not designated for removal that are damaged or
removed because of developer's operations. Improvements such as, but not
limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised
pavement markers,, thermoplastic pavement markings, etc. shall be repaired and
replaced to a condition equal to or better than the original condition. Existing
improvement to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access
provisions. Developer shall request a walk- through with the Engineering
Construction Inspector before'the start of construction to verify existing conditions.
79. MONUMENTS: A minimum of one exterior monument shall be set. Additional
monuments can be required by the City Engineer or City Surveyor as deemed
necessary. The location of monuments shall be tied out prior to work. Any City
monument damaged, displaced or destroyed shall be replaced at the developer's
sole expense. In accordance with the California Professional Land Surveyors' Act
(Business and Professions Code) Chapter 15' Sections 8771 and 8725, California
Penal Code 605, and California Government Code 27581, the developer, their
employees, subcontractors, and /or any person performing construction activities
that will or may disturb an existing roadway /street monument, comer stake, or any
other permanent surveyed monument shall show all current monuments on the
plans and shall ensure that a Corner Record and /or Record of Survey are filed with
the County Surveyor Office prior to disturbing said monuments. All disturbed or
destroyed monuments shall be reset and filed in compliance with Section 8771.
80. CONTRUCTION STAGING (if applicable): Developer shall create a construction
staging plan that addresses the ingress and egress location for all construction
vehicles, parking and material storage area. This plan shall be subject to review
and approval by the Engineering Division prior to the issuance of a grading permit.
81. GRADE CERTIFICATION: Certification of grades and compaction is required prior
to Building Permit final. This statement must be add_ ed' as a general note to the
Grading and Drainage Plan.
82. ACCEPTANCE OF IMPROVEMENTS: Until such time as all improvements
required are fully completed and accepted by City, Developer will' be responsible
for the care maintenance of and any damage to such improvements. City shall not,
nor shall any officer or employee thereof, be liable or responsible for any accident,
4852- 3099 -14090
NON- BM04706089
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.
83. Pursuant to City Code, Chapter 24, Article V (Requirements for'Undergrounding
Utilities), all new utilities will be placed underground. The existing overhead line
along the project's Monterey Road frontage shall be relocated underground by the
Developer and connected to the nearest existing allowable riser poles located to
the north and south of the ,project's frontage.
84. Parking is not allowed along the project's Monterey Street frontage. At
improvement plan phase, revise plans to show R -26 (S) signage ( "No Stopping
Any Time ") along project frontage.
'85. At improvement plan phase, revise plans to show two green curb parking spaces
across the project's USPS_ mail station and signage showing 10- minute parking
duration.
86. STREET IMPROVEMENTS: The project shall construct curb, gutter, paved
shoulder and 10' monolithic sidewalk with street trees along the project's Monterey
Road' frontage. Pavement conforms shall be reviewed at improvement plan phase.
At improvement plan phase, revise plans to show the proposed public fire h_ ydrants
located in the public right -of -way.
87. FLOOD: Zone AH, Elevation 195.00' North American Vertical Datum of 1988
(NAVD88)
a. Elevate the lowest floor of the proposed building at least one foot above
195.00' NAVD88.
b. 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.
c_. Building support utility systems such as HVA_C, electrical, plumbing, air
conditioning equipment, including ductwork, and other service facilities
must be elevated above the base flood elevation or protected from flood
damage.
88. STORMWATER: This project is subject to post - construction stormwater quality
requirements per Chapter 27D of the Gilroy Municipals Code.
a. At grading permit phase, submit the following:
4852- 3099- 1409v1
NON- BC104706089
1. Stormwater Management Plan
2. Signed Performance Requirement Certifications specified in the
Stormwater, Guidance Manual
b. At grading permit phase, revise, plans to address the following:
1. On -site trees to be located outside the bio- treatment basins so as
not to interfere with the function of the basins.
2. Provide additional details /elevations to show how, Drainage
Management Area #5 is being treated by Bio- treatment Basin ##5.
c_. If stormwater control measures will be proposed in the public right -of-
way, the Developer /Owner shall be responsible for maintenance of
these measures.
d. Stormwater BMP Operation and Maintenance Agreement.
1. Prior to the issuance of the first building permit, the Developer of the
site sha_I_I enter into a formal written Stormwater BMP Operation and
Maintenance Agreement with the City. The City shall record this
agreement, against the property or properties involved, with the Co_ unty
of Santa Clara and it shall be binding on all subsequent owners of land'
served by the storm water management treatment BMPs. The City=
standard) Stormwater BMP Operation and Maintenance Agreement will
be provided by Public'Works Engineering.
2. This Agreement shall require that the BM-Ps 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.
3. 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.
4. All on -site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired /replaced by the
property owner(s), an owners' or homeowners' association or other
legal entity approved by the City.
5. Any repairs or restoration /replacement and maintenance shall be in
accordance with City - approved plans_.
6. 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:
4852 - 3099 -14090
NON- BC104706089
1. The property owner(s) shall be responsible for having all stormwater
management facilities inspected for condition and function by a
knowledgeable third party.
2. 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:
3. Site address;
4. Date and time of inspection;
5. Name of the person conducting the inspection;
6. List of stormwater facilities inspected;
7. Condition of each stormwater facility inspected;
8. Description of any needed maintenance or repairs; and
9. As applicable, the need for site re- inspection.
f. Upon completion of each inspection, an inspection report _shall be
submitted to Public Works Engineering no later than October 15t for the
Fall report, and no later than March 15th of the following year for the
Winter report.
FIRE DIVISION CONDITIONS
89. Buildings shall have a fire sprinkler system installed and when over 3 stories shall
be a full NFPA 13 system. A wet standpipe shall also be provided with hose
connections and valve in each stairwell. A roof access hatch shall be provided at
the top of the stairwell with a 'hose connection at the roof as well. Fire sprinkler
systems subject to review and approval by Fire Prevention.
90. The Building shall have a full Fire Alarm system that includes horn strobe
notification of fire flow and common area smoke detectors in eachl unit. Water flow
monitoring for each floor level, a tamper switch at the, DDCA. A separate permit is
required for the Fire Alarm System.
91. Condition: Private Fire Underground Main are subject to separate plan review and
permit from Fire Prevention. Obtain the Private Fire Underground guidance
document for standards.
92. Condition: All buildings and uses shall have fire engine access roadway that is a
minimum of 20 ft wide within 150 feet of any portion of the building or use. Roads
shall', be all weather and capable of supporting a 40,000 pound apparatus and
provide an inside turn radius of 32 ft and outside radius of 39 feet.
93. Prior to issuance of building permits, the Developer shall provide plans which show
the elevator meeting the minimum size for gumeys as used by the Gilroy Fire
Department. This calls for a minimum inside dimension of 80" by 65" which is
4852 - 3099 -14090
NON- BC104706089
provided by a 3,500 lb. rated elevator. Show Elevator shaft and control room and
specify elevator dimensions /size on plans for the review and approval of the
Deputy Fire Marshal.
94. The Buildings shall 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.
95. Trash enclosures shall be covered ands shall not drain into the storm draini system
without treatment.
4852 - 3099 -14090
NON- BC104706089
c. 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.
88. STORMWATER: This project is subject to post - construction stormwater quality
requirements per Chapter 27D of the Gilroy Municipal Code.
a. At grading permit phase, submit the following:
1. Stormwater Management Plan
2. Signed Performance Requirement Certifications specified in the
Stormwater Guidance Manual
b. At grading permit phase, revise plans to address the following:
1. On -site trees to be located outside the bio-treatment basins so as
not to interfere with the function of the basins.
2. Provide additional details /elevations to show how Drainage
Management Area #5 is being treated by Bio- treatment Basin #5.
c. If stormwater control measures will be proposed in the public right -of-
way, the Developer /Owner shall be responsible for maintenance of
these measures.
d. Stormwater BMP Operation and Maintenance Agreement.
1. Prior to the issuance of the first building permit, the Developer of the
site shall enter into a formal written Stormwater BMP Operation and
Maintenance Agreement with the City. The City shall record this
agreement, against the property or properties involved, with the County
of Santa Clara and it shall be binding on all subsequent owners of land
served by the storm water management treatment BMPs. The City -
standard Stormwater BMP Operation and Maintenance Agreement will
be provided by Public Works Engineering.
2. 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.
3. 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.
4. All on -site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired /replaced by the
property owner(s), an owners' or homeowners' association or other
legal entity approved by the City.
48523099 -14090
NON-BCID4706089
91. Condition: Private Fire Underground Main are subject to separate plan review and
permit from Fire Prevention. Obtain the Private Fire Underground guidance
document for standards.
92. Condition: All buildings and uses shall have fire engine access roadway that is a
minimum of 20 ft wide within 150 feet of any portion of the building or use. Roads
shall be all weather and capable of supporting a 40,000 pound apparatus and
provide an inside turn radius of 32 ft and outside radius of 39 feet.
93. Prior to issuance of building permits, the Developer shall provide plans which show
the elevator meeting the minimum size for gumeys as used by the Gilroy Fire
Department. This calls for a minimum inside dimension of 80" by 65" which is
provided by a 3,500 lb. rated elevator. Show Elevator shaft and control room and
specify elevator dimensions /size on plans for the review and approval of the
Deputy Fire Marshal.
94. The Buildings shall 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.
95. Trash enclosures shall be covered and shall not drain into the storm drain system
without treatment.
4852 -3099 -14090
NON -BC'04706089
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2016 -22 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 4`h day of April, 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 6"' day gf)April, 2016.
'S.ha4vna Freels, MMC"
City Clerk of the City of Gilroy
(Seal)