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Resolution 2016-37RESOLUTION NO. 2016-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TENTATIVE MAP TM 13 -03, CREATING SIX SINGLE - FAMILY RESIDENTIAL LOTS, THREE OPEN SPACE PARCELS, AND ONE PRIVATE STREET, FOR PROPERTY LOCATED SOUTHWEST OF SANTA TERESA BOULEVARD, SOUTH OF THE BALLYBUNION DRIVE /SANTA TERESA BOULEVARD INTERSECTION, APNS 810 -42 -001 and 810 -72 -036, FILED BY GLEN LOMA GROUP. WHEREAS, The Glen Loma Group ( "Developer ") submitted an application requesting a tentative map to subdivide an approximate 2.67 gross acre site into six single - family lots, three open space parcels, and a private street ( "Project "); and WHEREAS, the subject property is located adjacent to the Eagle Ridge subdivision, located southwest of Santa Teresa Boulevard, south of the Ballybunion Drive /Santa Teresa Boulevard intersection; and WHEREAS, on September 3, 1996, the City of Gilroy approved A/S 96 -17, via Council Resolution No. 96 -57, establishing the development standards for the Eagle Ridge planned development; and WHEREAS, the Project is located adjacent to the Eagle Ridge development and is requesting to develop in accordance with the Planned Development standards of the Eagle Ridge development approved via Council Resolution No. 96 -57 for Planned Development Architectural and Site Review application A/S 96 -17 ( "A/S 96 -17"); and WHEREAS, TM 13 -03 was referred to various public utility companies and city departments, including the Technical Advisory Committee for recommendations; and WHEREAS, on June 2, 2016, the Planning Commission considered TM 13 -03 in accordance with the Gilroy Zoning Code, and other applicable standards and regulation and found that it conformed to the City's General Plan and elements thereof and the Eagle Ridge planned development; and WHEREAS, on June 2, 2016, the Planning Commission considered the Staff report dated June 2, 2016, along with testimony received at a duly noticed public hearing and other materials and recommend that the Council approve TM 13 -03; and WHEREAS, an initial study and mitigated negative declaration was prepared for this project; and WHEREAS, no significant adverse effects are expected to result from the proposed development, and the City Council can make the necessary findings to adopt the mitigated negative declaration; and RESOLUTION 2016 -XX 4813- 8890 -16820 JH104706089 WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the mitigated negative declaration; and WHEREAS, on July 5, 2016, the City Council considered the Staff Reports dated June 2, and July 5, 2016, along with testimony received at a duly noticed public hearing and other materials regarding TM 13 -03; and WHEREAS, the City Council finds that the Developer agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy finds that: 1. TM 13 -03 is consistent with the intent of the goals and policies of the City's General Plan. 2. TM 13 -03 is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. Public utilities and infrastructure improvements needed in order to serve TM 13 -03 are in close proximity. 4. There will be no significant environmental impacts as a result of TM 13 -03 due to the required mitigation measures to be applied. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Gilroy hereby approves TM 13 -03, if and only if, Z 15 -09 is adopted and in full force and effect, and subject to the following conditions: Note: The following abbreviations identify the City department or division responsible for determining compliance with these standard conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. Internal information shown in italics at the end of each condition provides internal reference for the condition: Some are standard permit conditions (e.g. G -1) while some are taken from environmental documents (e.g. MND -S2). RESPONSIBLE DEPARTMENTSIDIVISIONS Building Division/Inspectors PK Parks /Landscape Design A r CL City Attorney PL Planning Division E Code Enforcement PW Public Works/Engineering FD Fire Department TR Traffic Division PD Police Department WW I Wastewater /Source Control RESOLUTION 2016 -37 4813$890 -16820 - 2 - JH\04706089 GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless requested by the applicant and granted by the Planning Manager, pursuant to the City Code. (PL, G -1) 2. This permit is granted for approved plans ( "the plans ") on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G -2) 3. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G -3) 4. An approved tentative map shall expire twenty -four (24) months from the approval date. (PL, G -6) 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G- 7) 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G -8) 7. Developer shall complete all required off -site and on -site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G -9) Developer agrees, as a condition of adoption of this resolution, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against 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 thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G -10) 9. Any covenants, conditions, and restrictions (CC &Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict RESOLUTION 2016 -37 48138890 -16820 -3- JH104706089 between the CC &Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G -11) 10. 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, together with the required fees to the Planning Manager. (PL, G -12) 11. 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 pursuant to the City Code. (CA, G -13) PLANNING DIVISION STANDARD CONDITIONS 12. 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. In the event the city is mandated to comply with Level 3 water shortage restrictions, issuance of building permits may be delayed and subject to implementation and/or compliance with mandated water conservation or allocation plans. (PL/PW, PL -1) 13. All project on -site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL -7) 14. Prior to 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. (PK, PK -1) 15. Developer shall properly maintain landscape planting and all irrigation systems as required by the City Code and as specified by this permit. Failure of Developer to do so may result in the revocation of this permit and initiation of legal proceedings against Developer to ensure compliance (PK, PK -4) 16. At the time of planting, Developer shall provide at least 24 -ince box size for all new trees planted on the subject property by. All shrubs and vines planted under the subject permit by the Developer shall be at least five -gallon size, except as otherwise specified by this permit. (PK, PK -6) PLANNING DIVISION SPECIAL CONDITIONS 17. Trees number 4 and number 5 shall be retained on the site. Prior to the onset of construction, tree protection zones shall be established around the two remaining trees on Lot 2, and around the on -site trees adjacent to McCutchin Canyon creek in proximity to Lot 1 and Lot 3. The tree protection zones are intended to minimize root damage from grading, soil compaction, and other construction activities. (MND, AES -1) RESOLUTION 2016 -37 4813- 8890 -16820 -4- JH104706089 a. The tree protection zone shall consist of orange barrier fencing supported by metal "T rail" fence posts and shall extend beyond the driplines of each tree facing construction areas. b. Trees number 4 and number 5 shall be protected in a single enclosure. c. The operation of heavy machinery within the tree protection zone shall be avoided. Where it cannot be avoided, no machinery shall be allowed within the tree protection zone without first installing a layer of mulch or pea gravel at a minimum four inch depth within the dripline and placement of 3/4 -inch plywood sheets over the mulch. d. Tree protection zones shall be kept free from litter and debris. e. Construction materials, paints and solvents shall not be stockpiled within the tree protection zone. 18. The project proponent shall obtain approval from the Planning Division Manager prior to the removal of any significant tree. (MND, AES -2) 19. Pruning and/or tree removal shall be undertaken only under the direction of a certified arborist. (MND, AES -3) 20. Replacement of any native tree removed from the site species is required with a minimum 2:1 ratio (with good health maintained and monitored for a minimum of five years). The species and locations of all replacement trees shall be indicated on the Final Landscape Plans. (MND, AES -4) 21. To avoid potential impacts to nesting birds, noise - generating construction activities and vegetation removal should be scheduled to take place outside of the nesting bird season, (February 1 to August 31). If construction occurs during the nesting season, then a qualified biologist will conduct a pre - construction survey for nesting birds to ensure that no nests would be disturbed during project construction. This survey will be conducted no more than seven days prior to the initiation of disturbance activities during the early part of the nesting season (February through April) and no more than 30 days prior to the initiation of disturbance activities during the late part of the nesting season (May through August). If no active nests are present within 250 feet of construction, then activities can proceed as scheduled. However, if an active nest is detected during the survey within 250 feet of construction, then the establishment of a protective construction -free buffer zone from each active nest (typically 250 feet for raptors and 50 -100 feet for other species) will be clearly delineated or fenced until the juvenile bird(s) have fledged (left the nest), unless the biologist determines that construction noise would not impact the active nest. If pre - construction nesting bird surveys are necessary, based upon the requirements of this mitigation measure, then a brief pre - construction survey report shall be prepared prior to commencement of construction activities, subject to review and approval by the City Planning Division. (MND, 13I0-1) 22. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project RESOLUTION 2016 -37 4813 -8890 -16820 _ 5 JH104706089 site, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. (MND, CR -1) 23. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that the language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: "If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner." (MND, CR -2) 24. The applicant shall incorporate the design recommendations from the ENGEO geotechnical exploration report into the design of the project. The recommendations are listed on pages 15 through 29 of the geotechnical exploration report, also included as Appendix B of the attached initial study. (MND, GEO -1) PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS 25. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications Standards and Design Criteria and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off -site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of RESOLUTION 2016 -37 4813$890 -16820 -6- JH104706089 Gilroy's Public Works Director /City Engineer. b. 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. c. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including, but not limited to, the Santa Clara County Roads & Airports Department. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 26. FEES a. 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. b. 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. c. Prior to final map /improvement plan approval, Developer shall pay the remaining 60% of the plan check and inspection fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. 27. GRADING/DRAINAGE a. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan ( SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on -site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to Improvement Plan/Final Map approval. b. All grading operations and soil compaction activities shall be per the approved project's geotechnical report that was prepared for the design of the project and shall be subject to the approval of the Public Works Director. Site preparation and cut/fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, RESOLUTION 2016 -37 4813-8890- 1682v1 -7- JH104706089 stating that all site preparation and cut/fill construction were performed in conformance with the requirements of the project's geotechnical report. This shall be subject to review and approval by the Engineering Division. The developer shall add this condition to the general notes on the grading plan. Prior to issuance of the first building permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the City either by letter or by signing the plans. 28. 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. 29. 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. 30. UTILITIES a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. b. 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. c. The Developer /Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. 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: I. 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 RESOLUTION 2016 -37 48138890 -1682A -8- JHT4706089 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). II. 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. III. "Will Serve Letter" from each utility company for the subdivision shall be supplied to the City. f. Joint trench composite plans shall be approved prior to final map /improvement plan approval or as otherwise determined by the Public Works Director /City Engineer. g. A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. h. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: I. A professional engineer - signed and PG &E- approved original electrical plan. II. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved subdivision improvement plans. 31. 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 list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 32. 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. 33. WORKING HOURS: Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. RESOLUTION 2016 -37 4813- 8890 -16820 JH104706089 34. 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. 35. HAUL PERMIT: If the project has excess fill or cut that will be off - hauled to a site or on- hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 36. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late - afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Public Works Director. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 37. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 38. STREET MAINTENANCE: It is the responsibility of the contractor to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City's storm drains. 39. STREET NAME SIGNS: The permanent street name signs shall be installed immediately after the curb and gutter construction is complete. 40. MONUMENTS a. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. c. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, RESOLUTION 2016 -37 4813 - 8890 -16820 -10 - X04706089 and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and/or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771. 41. GRADE CERTIFICATION: Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. 42. 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, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. PUBLIC WORKS/ENGINEERING DIVISION SPECIAL CONDITIONS 43. 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 an updated Stormwater Management Plan and final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. b. Stormwater BMP Operation and Maintenance Agreement I. Prior to the issuance of the first building permit, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City - standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. II. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. III. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. IV. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. RESOLUTION 2016 -37 4813890- 1682v1 -11- JH104706089 V. Any repairs or restoration/replacement and maintenance shall be in accordance with City- approved plans. VI. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. c. Stormwater BMP Inspections will be required for this project and shall adhere to the following: I. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. II. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site re- inspection. d. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1St for the Fall report, and no later than March 15th of the following year for the Winter report. FIRE DEPARTMENT STANDARD CONDITIONS 44. Fire Hydrants shall be able to flow 1,500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any building. 45. All homes shall be provided with a minimum 1.5 inch water lateral and 1 inch meters to allow for a residential NFPA 13d fire sprinkler system. Plot plans for tract homes shall specify that the house is to be provided with fire sprinklers. 46. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 feet shall be provided. Turning radii shall not be less than 32 feet inside and 39 feet outside. Where parking is restricted, it shall be posted with signs stating "No Parking -Fire Lane" or curbs shall be painted red. Parking restrictions shall be provided as follows: a. Road width less than 28 feet: no parking on either side b. Road width 29 -36 feet: no parking on one side. C. 36 feet or greater: parking not restricted. RESOLUTION 2016 -37 4813. 8890 -16820 -12 - JH104706089 47. Prior to improvement plan approval, the developer shall prepare landscaping plans showing three Valley oak trees within the landscape buffer area adjacent to Santa Teresa Boulevard. The trees shall be planted prior to tract acceptance. Additional landscaping within the buffer area will be required as part of the improvement plans and/or architectural and site review application, whichever comes first, and will be subject to the review and approval of the Planning Division. PASSED AND ADOPTED this 5t' day of July, 2016, by the following roll call vote: AYES: COUNCILMEMBERS: AULMAN, BRACCO, HARNEY, LEROE- MUNOZ, TUCKER, VELASCO and WOODWARD NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE OVE i/1t,,ill Pe W dward, Mayor ATTES Sh a Freels, CVY Jerk RESOLUTION 2016 -37 48138890 -16820 -13- X04706089 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2016 -37 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 5h day of July, 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 jj `n day of July, 2016. ShaAa Freels,UW City Clerk of the City of Gilroy (Seal)