Resolution 2017-05RESOLUTION NO. 2017-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TENTATIVE MAP TM 16 -01, CREATING 59 SINGLE -
FAMILY RESIDENTIAL LOTS, ONE LOT FOR FUTURE
DEVELOPMENT, ONE REMAINDER LOT, NINE PRIVATE OPEN
SPACE LOTS, ONE PUBLIC OPEN SPACE LOT, AND ASSOCIATED
PUBLIC AND PRIVATE STREETS, LOCATED WITHIN THE GLEN
LOMA RANCH SPECIFIC PLAN AREA, NORTHEAST OF SANTA
TERESA BOULEVARD, SOUTH OF CLUB DRIVE, APNS 808 -43 -002, -
003, AND, -005, FILED BY GLEN LOMA CORPORATION, 7888 WREN
AVENUE, SUITE D -143, GILROY, CA 95020.
WHEREAS, The Glen Loma Corporation submitted an application requesting a tentative
map to subdivide an approximate 29.85 acre site into 59 single - family lots (26 duet lots in the
McCutchin Creek neighborhood and 33 single - family lots in the Palomino neighborhood), one
lot for future development, one remainder lot, nine private open space lots, one public open
space lot, and associated public and private streets; and
WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan
area, located northeast of Santa Teresa Boulevard, south of Club Drive; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the tentative
map (TM 16 -01), in accordance with the Gilroy Zoning Ordinance, and other applicable
standards and regulations; and
WHEREAS, said tentative map was referred to various public utility companies and City
departments, including the Technical Advisory Committee for recommendations; and
WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch
Specific Plan; and
WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch
Development Agreement; and
WHEREAS, an environmental impact report (EIR) was prepared and certified for this
site on November 7, 2005 as part of the review of application GPA 00 -01; and
WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section
15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to
a specific plan from further environmental review under CEQA, as long as the project meets the
requirements of that section, and City Staff has determined that the proposed residential
subdivision meets the requirements of section 15182 such that no further environmental analysis
is required by CEQA; and
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MBRANSON104706089
WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent
with the certified EIR; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 5,
2017, at which time the Planning Commission considered the public testimony, the staff report
dated January 5, 2017 ( "Planning Commission Staff Report"), and all other documentation
related to TM 16 -01, and recommended that the City Council approve said application with 62
conditions; and
WHEREAS, the Planning Commission found, after due study, deliberation and public
hearing, the following circumstances exist:
1. The proposed tentative map is generally consistent with the intent of the goals and
policies of the "Glen Loma Ranch Specific Plan."
2. The proposed tentative map is generally consistent with the intent of the goals and
policies of the "Neighborhood District Policy."
3. The proposed tentative map is generally consistent with the intent of the goals and
policies of the City's General Plan.
4. The proposed development is consistent with the Zoning Ordinance and the City's
Subdivision and Land Development Code, and the State Subdivision Map Act.
5. Public utilities and infrastructure improvements needed in order to serve the
proposed project are in close proximity.
6. As identified in the certified EIR, all significant environmental impacts associated
with buildout of the Glen Loma Ranch Specific Plan area can be reduced to a less
than significant level with the implementation of adopted mitigation measures
identified in the certified EIR, except for air quality. The proposed project would
result in a significant, unavoidable environmental impact with regard to project
emissions and consistency with the Bay Area 2000 Clean Air Plan. When
adopting the specific plan in 2005, the City Council adopted a statement of
overriding considerations, finding that the benefits of the project outweighed this
environmental effect.
WHEREAS, the Planning Commission found that the applicant 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.
WHEREAS, the City Council held a duly noticed public hearing on February 6, 2017,
and considered the public testimony, the Planning Commission Staff Report, a supplemental staff
report dated February 6, 2017 ( "City Council Staff Report"), and all other documentation related
to application TM 16 -01 and requested City Staff to prepare resolutions of approval for TM
16 -01; and
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MBRANSON\ 047070 6089 SON1
WHEREAS, the City Council finds that TM 16 -01 conforms to the City's General Plan
and elements thereof, including the "Glen Loma Ranch Specific Plan" and the "Neighborhood
District Policy "; and
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The City Council hereby finds as follows:
1. TM 16 -01 is generally consistent with the intent of the goals and policies of
the "Glen Loma Ranch Specific Plan."
2. TM 16 -01 is generally consistent with the intent of the goals and policies of
the City's "Neighborhood District Policy."
3. TM 16 -01 is generally consistent with the intent of the goals and policies of
the City's General Plan.
4. TM 16 -01 is consistent with the Zoning Ordinance and the City's Subdivision
and Land Development Code, and the State Subdivision Map Act.
5. Public utilities and infrastructure improvements needed in order to serve TM
16 -01 are in close proximity.
6. As identified in the certified EIR, all significant environmental impacts
associated with buildout of the Glen Loma Ranch Specific Plan area can be
reduced to a less than significant level with the implementation of adopted
mitigation measures identified in the certified EIR, except for air quality. The
proposed project would result in a significant, unavoidable environmental
impact with regard to project emissions and consistency with the Bay Area
2000 Clean Air Plan. When adopting the specific plan in 2005, the City
Council adopted a statement of overriding considerations, finding that the
benefits of the project outweighed this environmental effect.
7. The applicant 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.
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MBRANSON104706089
SECTION I1
The City Council of the City of Gilroy hereby approves TM 16 -01, subject to the
conditions of approval set forth in Exhibit "A" attached hereto.
vote:
PASSED AND ADOPTED this 6'' day of February, 2017, by the following roll call
AYES: COUNCILMEMBERS: BRACCO, HARNEY, KLOECKER,
LEROE- MUNOZ, TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
Roland Velasco, Mayor
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EXHIBIT A
CONDITIONS OF APPROVAL
TM 16 -01
1. The applicant will be required to mitigate for the removal of significant trees by obtaining
a tree removal permit, which will require replacement of significant trees, in accordance
with the City's Consolidated Landscaping Policy.
2. The subdivider shall defend, indemnify, and hold harmless the City, its City Council,
Planning Commission, agents, officers, and employees from any claim, action, or
proceeding against the City or its City Council, Planning Commission, agents, officers,
and employees to attack, set aside, void, or annul an approval of the City, City Council,
Planning Commission, or other board, advisory agency, or legislative body concerning
this subdivision. City will promptly notify the subdivider of any claim, action, or
proceeding against it, and will cooperate fully in the defense. This condition is imposed
pursuant to California Government Code Section 66474.9.
3. The Final Map shall substantially comply with the Tentative Map prepared by Ruggeri
Jensen Azar, dated November 2016 and stamped approved, except as modified by the
City Council's approval of this application and the conditions of approval.
4. The developer shall submit a copy of the Conditions, Covenants and Restrictions
(CC &Rs) to the Planning Division concurrent with final map submittal. Homeowners'
Association documentation, Conditions, Covenants and Restrictions and/or property
owner's Maintenance Agreements shall be approved by the Planning Division prior to the
map being released for recordation.
5. With the exception of lots that received an exemption from the application of the City's
Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et
seq.), no building permit shall be issued in connection with this project if the owner or
developer of such development (i) is not in compliance with the RDO, any conditions of
approval issued in connection with such development, or other City requirements
applicable to such development; or (ii) is in default under any agreement entered into
with the City in connection with such development pursuant to the RDO.
PLANNING DIVISION SPECIAL CONDITIONS
The following MITIGATION MEASURES, which are contained within the EIR and EIR
addendum, prepared pursuant to the California Environmental Quality Act, and as modified
based upon changes in applicable regulations, are included as conditions of approval.
6. Project proponents shall specify in project plans the implementation of the following dust
control measures during grading and construction activities for any proposed
development. The measures shall be implemented as necessary to adequately control
dust, subject to the review and approval by the City of Gilroy Engineering Division
(corresponds to EIR Mitigation Measure 3):
The following measures shall be implemented at all construction sites:
• Water all active construction areas at least twice daily;
• Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet of freeboard;
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• Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites;
• Sweep daily (with water sweepers) all paved access roads, parking areas and
staging areas at construction sites; and
• Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets.
The following measures shall be implemented at all construction sites greater than four
acres in area:
• Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more);
• Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed
stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15 mph;
• Install sandbags or other erosion control measures to prevent silt runoff to public
roadways; and
• Replant vegetation in disturbed areas as quickly as possible.
The following measures are strongly encouraged at construction sites that are large in
area, located near sensitive receptors or which for any other reason may warrant
additional emission reductions:
• Install wheel washers for all existing trucks, or wash off the tires or tracks of all
trucks and equipment leaving the site;
• Install wind breaks, or plant trees /vegetative wind breaks at windward side(s) of
construction areas;
• Suspend excavation and grading activity when winds (instantaneous gusts) exceed
25 miles per hour; and
• Limit the area subject to excavation, grading and other construction activity at any
one time.
7. The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of
Gilroy, prior to issuance of a grading permit. The permit shall include all applicable
project conditions (corresponds to EIR Mitigation Measure 4).
8. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior
to commencement of grading or construction activities for development proposed in or
adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree
survey shall be conducted by a qualified biologist to determine if active nest(s) of
protected birds are present in the trees. Areas within 200 feet of the construction zone
that are not within the control of the applicant shall be visually assessed from the project
site. This survey shall be required only if any construction would occur during the
nesting and/or breeding season of protected bird species potentially nesting in the tree
(generally March 1 through August 1). If active nest(s) are found, clearing and
construction within 200 feet of the tree, or as recommended by the qualified biologist,
shall be halted until the nest(s) are vacated and juveniles have fledged and there is no
evidence of a second attempt at nesting, as determined by the qualified biologist. If
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Z
10
construction activities are not scheduled between March 1 and August 1, no further shrike
or tree surveys shall be required (corresponds to EIR Mitigation Measure 5).
Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior
to commencement of grading or construction activities for development proposed in or
adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre -
construction surveys for bat roosts shall be performed by a qualified biologist. If bat
roost sites are found, the biologist shall implement a program to remove /displace the bats
prior to the removal of known roost sites. In addition, an alternate roost site shall be
constructed in the vicinity of the known roost site. Specifications of the alternate roost
shall be determined by a bat specialist (corresponds to EIR Mitigation Measure 6).
Prior to approval of each tentative map or use permit, project plans for future
development on the project site shall be designed to avoid unnecessary filling or other
disturbance of natural drainage courses and associated oak/riparian woodland vegetation
to the greatest extent feasible, subject to review and approval of the City of Gilroy
Planning Division. In the event that disturbance of site drainages and associated
oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek
Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California
Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code
and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act
and the Regional Water Quality Control Board through Section 401 of the Clean Water
Act shall be obtained, if required, prior to issuance of building or grading permits for any
activity that might encroach on the site's drainages. Conditions imposed on these permits
and /or authorizations may include but not be limited to the following (corresponds to EIR
Mitigation Measure 8):
• Construction work shall be initiated and completed during the summer and fall
months when the drainages are dry, or at least have a very low flow. Typically, no
construction work shall be allowed between October 15th and April 15th.
• A Habitat Restoration Plan shall be prepared to identify the exact amount and
location of affected and replacement habitat, to specify on -site revegetation with
locally - obtained native species within the buffer areas to mitigate habitat loss, and
to provide specifications for installation and maintenance of the replacement
habitat. Any loss of riparian or wetland vegetation resulting from construction
activities shall be mitigated on -site at a minimum 3:1 replacement ratio.
11. Any loss of oak and/or riparian woodland habitat resulting from development shall
require the project proponent to retain a qualified biologist to prepare a Habitat
Restoration Plan to identify the exact amount and location of affected and replacement
habitat, specify an appropriate plant palette, and provide specifications for installation
and maintenance of the replacement habitat. Replacement vegetation shall consist of
locally- obtained native plant species. Any loss of riparian woodland vegetation shall be
mitigated on -site at a minimum of 3:1 replacement ratio, unless otherwise determined by
the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland
vegetation shall require preservation of on -site oak woodland at a ratio of 3:1 and
replanting on -site at a ratio of 1:1, unless otherwise determined by the Department of
Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared
prior to issuance of building or grading permits for any activity requiring removal of oak
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and/or riparian woodland habitat, subject to review and approval of the City of Gilroy
Planning Division and California Department of Fish and Game (corresponds to EIR
Mitigation Measure 9).
12. Prior to issuance of grading and/or building permits, subject to the review of the Gilroy
Planning Division, the project applicant shall install siltation fencing, hay bales, or other
suitable erosion control measures along portions of natural and manmade drainage
channels in which construction will occur and within 20 feet of construction and/or
staging areas in order to prevent sediment from filling the creek (corresponds to EIR
Mitigation Measure 13).
13. Prior to issuance of grading and/or building permits, the project proponent of any future
development on the project site shall submit a Landscape Plan, for review and approval
by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian
habitat shall include appropriate guidelines to prevent contamination of drainages and
their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers.
Landscaping shall include appropriate native plants species and should not include
plantings of non - native, invasive plant species (corresponds to EIR Mitigation Measure
14).
14. Prior to approval of a tentative map for each phase of the proposed project requiring
removal or alteration to potential wetlands and/or waters of the U.S., a wetland
delineation shall be prepared according to U.S. Army Corps of Engineers guidelines. The
actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on
project plans for each development project and the wetland delineation for each
development phase. The project proponent shall obtain all necessary permits and/or
approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist
to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval
by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan
shall include, but not be limited to, creation of wetlands on site to mitigate for
unavoidable impacts to waters of the U.S. and wetlands resulting from development
activities (corresponds to EIR Mitigation Measure 15).
15. A schematic lighting plan shall be submitted with each development proposal for review
and approval by the Planning Division. Exterior lighting for any development proposed
adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full
cutoff design or include opaque shields to reduce illumination of the surrounding
landscape. Lighting shall be directed away from open space areas (corresponds to EIR
Mitigation Measure 16).
16. Prior to approval of a tentative map for each phase of the proposed project containing or
adjacent to preserved natural open space areas, a signage plan shall be prepared to outline
the language, number and location of signs to dissuade people from straying off trails and
to prohibit unleashed dogs in the open space areas, subject to approval by the City of
Gilroy Planning Division (corresponds to EIR Mitigation Measure 17).
17. Prior to commencement of construction activities, the protected zone of any trees or
groups of trees to be retained shall be fenced to prevent injury to the trees during
construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of
construction materials, and/or dumping of materials shall not be allowed within the
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protected zone. The fencing shall remain in place until all construction activities are
complete (corresponds to EIR Mitigation Measure 19).
18. Project proponents shall submit a soils investigation prepared by a qualified soils
engineer for future development on the project site. The recommendation of the soils
investigation shall be incorporated into final building plans, subject to the review and
approval by the Gilroy Engineering Division prior to approval of any building permits
(corresponds to EIR Mitigation Measure 20).
19. The project applicant shall design all structures in accordance with the Uniform Building
Code for seismic design. In addition, all recommendations in the geotechnical reports
prepared for the project shall be implemented. Structural design is subject to the review
and approval by the Gilroy BLES Division prior to the issuance of building permits
(corresponds to EIR Mitigation Measure 21).
20. Each tentative map shall include a detention pond or ponds to collect storm water in the
case of 2 -, 10 -, 25 -, and 100 -year peak storm events. Detention ponds shall be designed
according to the recommendations presented in the Hydrologic Analysis (Schaaf &
Wheeler 2005) and should include, but not be limited to the following (corresponds to
EIR Mitigation Measure 23):
a. The pond(s) should be located to collect the storm water runoff from the project
site and discharge to the existing drainage corridors and/or the existing outfalls
tributary to Uvas Creek.
b. Any discharge from the pond(s) should release a maximum of storm water runoff
for pre - project conditions (see tables 18 and 19 in the Draft EIR).
C. The pond(s) should be sized a total of approximately 8.9 acre -feet to provide for
appropriate storm water quantities and filter pollutants for the purpose of water
quality.
d. The pond(s) shall not replace any proposed preserved open space at the project
site, that was assumed to provide flood control and water quality benefits modeled
in the Hydrological Analysis (Schaaf & Wheeler 2003).
21. The project applicant for any proposed development on the project site, shall, for each
phase of the development, submit a Notice of Intent (NOI) and detailed engineering
designs to the Central Coast RWQCB. The associated permit shall require development
and implementation of a S WPPP that uses storm water "Best Management Practices" to
control runoff, erosion and sedimentation from the site. The S WPPP must include Best
Management Practices that address source reduction and, if necessary, shall include
practices that require treatment. The SWPPP shall be submitted to the City of Gilroy
Engineering Division for review and approval prior to approval of a building permit for
each phase of the project (corresponds to EIR Mitigation Measure 24).
22. The project applicant shall submit plans for review by, and obtain an approved permit
from the Santa Clara Valley Water District for any work that requires a permit from the
water district (corresponds to EIR Mitigation Measure 25).
23. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post -
construction storm water management plan, subject to the review and approval of the
Gilroy Engineering Division prior to the approval of final improvement plans, that shall
include structural and non - structural best management practices (BMPs) for the reduction
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of pollutants in storm water to the maximum extent practicable (corresponds to EIR
Mitigation Measure 26).
24. Prior to issuance of a grading permit for all areas within the Specific Plan area, the
following measures shall be incorporated into the project plans to mitigate construction
noise, subject to the review and approval of the City of Gilroy Engineering Division
(corresponds to EIR Mitigation Measure 28):
a. Construction shall be limited to weekdays between 7 AM and 7 PM and
Saturdays and holidays between 9 AM and 7 PM, with no construction on
Sundays;
b. All internal combustion engine -driven equipment shall be equipped with mufflers
that are in good condition and appropriate for the equipment; and
C. Stationary noise - generating equipment shall be located as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a construction
project area.
25. Add an eastbound and a westbound left -turn lane on the Fitzgerald and Masten
approaches to the Monterey Road/Masten Avenue intersection, and change the east -west
signal phasing from split phasing to protected phasing (corresponds to EIR Mitigation
Measure 30).
This intersection is within the City of Gilroy's Transportation Master Plan and therefore,
impact fees are collected for improvements at this intersection. Therefore,
implementation of this mitigation measure is the responsibility of the project proponent,
prior to issuance of the first building permit.
26. The applicant shall design and construct a two -lane roundabout (ultimate condition) at
Santa Teresa Boulevard/Tenth Street/Miller Avenue. The City of Gilroy will reimburse
the developer for the cost of all ultimate improvements of the RAB intersection up to the
budgeted amount shown in the current city traffic impact fund. The design shall be
subject to review and approval of the City Engineer and approval of an encroachment
permit from Santa Clara County. Construction of the roundabout is required to be
completed prior to issuance of the first building permit (corresponds to EIR Mitigation
Measure 31).
27. Convert the Thomas Road/Luchessa Avenue intersection to a one -lane modern
roundabout (corresponds to EIR Mitigation Measure 33).
o
Signalize the Thomas Road/Luchessa Avenue intersection, add a northbound right turn
lane, and add a northbound right turn overlap phasing to the signal phasing.
The project proponent shall be responsible for paying for the design and implementation
of this mitigation measure, prior to the issuance of the first building permit for Phase I.
Note: The mitigated negative declaration for the planned elementary school within the
specific plan, located on Luchessa Avenue within the Cabernet neighborhood, required
implementation of this mitigation measure prior to opening the school. It was required
due to unacceptable levels of services during the mid - afternoon peals hour. The
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mitigation measure requires the school district to pay their fair share of this improvement
determined by agreement between the school district and the City of Gilroy.
28. Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound
and westbound left turn lanes (corresponds to EIR Mitigation Measure 34).
The project proponent shall be responsible for paying for the design and implementation
of this mitigation measure, prior to the issuance of the first building permit in Phase II.
29. 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 site, including, but not limited to building permits for future development, subject
to the review and approval of the Gilroy Planning Division (corresponds to EIR
Mitigation Measure 45):
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.
30. 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 this 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 (corresponds to EIR
Mitigation Measure 46):
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.
31. Residential fire sprinklers shall be installed in all residences within the specific plan area
over 3,000 square feet, including single - family and multi - family town homes or
apartments, and residential clusters with more than 25 units that lack secondary access.
Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of
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future development projects within the specific plan area, the City Fire Marshal may
require that all residences have residential fire sprinkler systems, regardless of conditions
stated above, especially if streets are narrow, buildings are closely spaced, emergency
response time is not met, there is inadequate fire flow, building are adjacent to natural
areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire
Department to perform fire suppression acts in such case they would be needed. The
sprinklers shall be designed and installed in accordance with City of Gilroy Fire
Department policies (corresponds to EIR Mitigation Measure 50).
ENGINEERING DIVISION STANDARD CONDITIONS
32. General
a. Developer shall perform all work in compliance with the City of Gilroy
Specifications Standards Design Criteria and is subject to all laws of the City of
Gilroy by reference. Street improvements and the design of all off -site storm
drainage facilities, sewer and water lines, and all street sections shall be in accordance
with City Standards and shall follow the most current City Master Plan for streets, as
approved by the City of Gilroy's Public Works Director /City Engineer.
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 applicable permits from federal, state, and local
agencies as required to construct the proposed improvements.
d. All existing utility poles shall be removed, and all utilities placed underground. No
new poles are allowed.
33. 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 7/1/2017.
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.
34. TRANSPORTATION
a. Developer shall submit final photometric plans prior to first building permit issuance.
b. 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 -14.
c. Final streetlight locations shall be to the satisfaction of the City Transportation
Engineer and shall follow City standards.
d. 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
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from flowing onto the lots. The details of such design shall be provided at
improvement plan phase and shall be to the satisfaction of the City Transportation
Engineer.
e. Any work in the public right -of -way shall require a traffic control plan prepared by a
licensed, professional engineer with experience in preparing such plans. Traffic
Control Plan shall be prepared in accordance with the requirements of the latest
edition of the California Manual on Uniform Traffic Control Devices. The Traffic
Control Plan shall be included in the Improvement Plans and shall be approved prior
to grading permit issuance.
35. 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, 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.
c. 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.
36. 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.
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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.
37. 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.
38. 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 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 start of construction or as
otherwise determined by the Public Works Director /City Engineer.
i. One hard copy and electronic copy of the approved/stamped PG &E Joint
Trench Composite Plans shall be submitted to the Engineering Division.
Should there be a delay in obtaining the PG &E- approved joint trench plans,
the Developer will not be allowed to commence joint trench work "at- risk."
The developer assumes responsibility for any required redesign, and all costs
associated with the redesign and additional city review resulting from the at-
risk work completed without PG &E- approved joint trench plans. Design
revisions and ultimate joint trench construction shall be completed to the
satisfaction of the City Engineer.
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ii. 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.
g. 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.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. 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
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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.
45. 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).
46. 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.
47. 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.
48. 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, 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.
49. 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.
ENGINEERING DIVISION SPECIAL CONDITIONS
50. TRANSPORTATION
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a. The Project shall comply with all the traffic mitigation measures identified in the
project's Initial Study /MND Addendum.
51. 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 final Stormwater Management Plan and final
signed Performance Requirement Certifications specified in the Stormwater
Guidance Manual.
b.At improvement plan phase, confirm that the bioretention basin locations shown on
the Stormwater Control Plan match with the locations shown on the Landscape
Plans.
c. 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 and it shall be binding on all subsequent
owners of land served by the stormwater management treatment BMPs. The
City - standard Stormwater BMP Operation and Maintenance Agreement will
be provided by Public Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP
maintenance activities not alter the designed function of the facility from its
original design unless approved by the City prior to the commencement of the
proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance or repair
is neglected, or the stormwater management facility becomes a danger to
public health or safety, the city shall have the authority to perform
maintenance and/or repair work and to recover the costs from the owner.
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.
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.
d. 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
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kept of all inspections and shall include, at minimum, the following
information:
a) Site address;
b) Date and time of inspection;
c) Name of the person conducting the inspection;
d) List of stormwater facilities inspected;
e) Condition of each stormwater facility inspected;
f) Description of any needed maintenance or repairs; and
g) As applicable, the need for site re- inspection.
iii. Upon completion of each inspection, an inspection report shall be submitted to
Public Works Engineering no later than October ls` for the Fall report, and no later
than March 15`h of the following year for the Winter report.
52. GENERAL
a. The approved construction schedule shall be shared with Gilroy Unified School District
(GUSD) to avoid traffic impacts to school functions at Solorsano Middle School. An
approved construction information handout(s) shall also be provided to GUSD to share
with school parents.
FIRE DEPARTMENT CONDITIONS
The following conditions shall be shown or included on off -site improvement plans as "Fire
Department Notes." Prior to street completion, the Fire Marshal shall be contacted and a fire
clearance for off -site improvements shall be scheduled. No building permits will be issued
without a Fire — Off -Site Improvement Inspection and Fire Flow Test administered by the Fire
Marshal.
53. Developer shall provide secondary access when 30 or more units served. Secondary
Access does not need to serve as public access; however, the roadway shall meet city
standards as a street, subject to the review and approval of the Fire Marshal. Any
alternative designs are subject to review and approval by the Fire Chief. Additional
means of emergency access may be required when conditions for Fire Response are
impacted by time /travel distances are deemed excessive or problematic.
54. Gated Access Roadways shall be electronic and provided with a click to open electronic
opening system compatible with Fire Department equipment, as well as KNOX key
override for both Fire and Police access. A building permit shall be obtained for the gate
installation. The gate shall also have Police and Fire KNOX key over -ride. The gate shall
also be recessed from the roadway and a visitor turn out provided.
55. 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. Offsite
improvement plans shall provide Fire Hydrants per the City Standard. Hydrants shall be
installed prior to commencement of construction with combustible materials
56. All homes shall be provided with water laterals and meters sized to allow for a residential
NFPA 13d fire sprinkler system. At a minimum the offsite improvement plan shall
provide 1.5 inch water laterals and 1 -inch meters sized to allow for a residential NFPA
13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the
purpose of Fire Sprinkler design.
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57. 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. Dead end streets shall be provided with a cul -de -sac of 78-
foot diameter unless they qualify for an exemption. This shall be subject to the review
and approval of the Fire Marshal.
58. Parking restrictions shall be as follows:
a. Less than 28 feet, no parking on either side
b. Less than 36 feet, no parking on one side.
c. At or over 36 feet, parking not restricted.
d. 78 -foot diameter cul -de -sacs shall be provided with red curbing and fire lane
signage.
e. 98 -foot diameter cul -de -sacs do not require fire lane red curb or signage.
59. Where parking is restricted, curbs shall be painted red with the stencil "FIRE LANE"
every 25 feet, or every 75 feet "No Parking - Fire Lane" signs shall be installed per
MUTCD standard. Include curbing and/or signage details in the Off -Site improvement
plans. Private roadway striping and/or signage shall be enforced and maintained by the
HOA.
60. For private streets; red curbing and signage shall be maintained by the Homeowners'
Association. A parking enforcement plan shall be implemented by the Homeowners'
Association.
61. Street names shall be shown on off -site improvement plans and building plans.
Addresses shall be assigned by the City Engineering Division prior to improvement plan
and building permit submittal. Street signage shall be installed before any on -site
improvements (foundations or buildings) begin.
62. Open Spaces, including storm water detention/retention basins, agricultural lots,
landscaped and naturally vegetated areas shall have vegetation management to remove
dead plants and debris, and to remove, disc or mow weeds during weed abatement season
from April to November of each year. In HOA- managed areas, the HOA shall be
responsible. For privately -owned property, the property owner shall be responsible.
CITY COUNCIL -ADDED CONDITIONS
63. The following notes shall be included on the improvement plans:
a. All soundwalls shall be texturized, coated with an anti - graffiti sealant, and
landscaped to reduce opportunities for graffiti.
b. Prior to sales of any homes within the McCutchin Creek or Palomino
neighborhoods, the developer shall install signage adjacent to Santiago Court and
on the future city park site notifying the public that a city park, open to the public,
will be developed at that site. The verbiage of such signage shall be subject to the
review and approval of the Planning Division Manager prior to improvement plan
approval.
MBRANSON10 70 RESOLUTION No. 2017 -05
MBRANSON104706089
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2017 -05 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 6'h day of February, 2017, 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 ilroy this 10`x' of February, 2017.
n
Shawna Freels, MM
City Clerk of the City of Gilroy
(Seal)