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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)