Resolution 2017-22RESOLUTION NO. 2017-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TENTATIVE MAP TM 16 -03, CREATING 113 SINGLE -
FAMILY RESIDENTIAL LOTS, SEVEN OPEN SPACE LOTS, A
REMAINDER LOT FOR FUTURE DEVELOPMENT, AND ASSOCIATED
PUBLIC AND PRIVATE STREETS, LOCATED WITHIN THE GLEN
LOMA RANCH SPECIFIC PLAN AREA, EAST OF WEST TENTH
STREET, BETWEEN SANTA TERESA BOULEVARD AND WEST
LUCHESSA AVENUE, APNS 808 -19 -010 (PORTION); and 808 -19 -024
(PORTION), FILED BY GLEN LOMA CORPORATION
WHEREAS, The Glen Loma Corporation submitted an application requesting a tentative
map to subdivide an approximate 28 +/- acre site into 113 single - family lots, seven open space
lots, a remainder lot for future development, and associated public and private streets; and
WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan
area, between Santa Teresa Boulevard and West Luchessa Avenue, commonly known as The
Grove and Luchessa neighborhoods; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the tentative
map (TM 16 -03), 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
WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent
with the certified EIR; and
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WHEREAS, the Planning Commission held a duly noticed public hearing on May 18,
2017, at which time the Planning Commission considered the public testimony, the staff report
dated May 18, 2017 ( "Planning Commission Staff Report"), and all other documentation related
to TM 16 -03, and recommended that the City Council approve said application with 75
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 June 19, 2017, and
considered the public testimony, a staff report dated June 19, 2017 ( "City Council Staff Report"),
and all other documentation related to application TM 16 -03 and requested City Staff to prepare
resolutions of approval for TM 16 -03; and
WHEREAS, the City Council finds that TM 16 -03 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:
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SECTION I
The City Council hereby finds as follows:
1. TM 16 -03 is generally consistent with the intent of the goals and policies of
the "Glen Loma Ranch Specific Plan."
2. TM 16 -03 is generally consistent with the intent of the goals and policies of
the City's "Neighborhood District Policy."
3. TM 16 -03 is generally consistent with the intent of the goals and policies of
the City's General Plan.
4. TM 16 -03 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 -03 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.
SECTION II
The City Council of the City of Gilroy hereby approves TM 16 -03, subject to the
conditions of approval set forth in Exhibit "A" attached hereto.
PASSED AND ADOPTED this 19t` day of June, 2017, by the following roll call
vote:
AYES: COUNCILMEMBERS: BRACCO, LEROE- MUNOZ, KLOECKER,
TOVAR and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: HARNEY and TUCKER
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APPROVE
Roland Velasco, Mayor
ATTEST:
Shawna Freels, City Clerk
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EXHIBIT A
CONDITIONS OF APPROVAL
TM 16 -03
PLANNING DIVISION STANDARD CONDITIONS
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 March 2017 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):
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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;
• 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
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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 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).
9. 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).
10. 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
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Restoration Plan shall be prepared prior to issuance of building or grading permits for any
activity requiring removal of oak 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 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 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
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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 SWPPP that uses storm water "Best Management Practices" to control
runoff, erosion and sedimentation from the site. The SWPPP 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 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
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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. Payment of the Traffic Impact Fee shall satisfy this mitigation measure.
26. Prior to the first building occupancy in the third phase of the Glen Loma Ranch Specific Plan
development, 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.
Partial mitigation (installation of a signal) for this intersection has been completed. The
remaining improvements shall be deferred until the first occupancy permit in Phase 3.
27. 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.
28. 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
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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.
29. 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 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).
30. Prior to final map approval, the developer shall provide a slope easement, or another
mechanism approved by the city, on lot 97 to ensure maintenance of the side yard slope.
31. As part of the final map approval, fences shall be prohibited in the street side yard PSEs for
lots 68, 80, 81, 93, 97, 102, 108 and 110.
ENGINEERING DIVISION STANDARD CONDITIONS
General
32. 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.
33. 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.
34. The applicant shall obtain all applicable permits from federal, state, and local agencies as
required to construct the proposed improvements.
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35. All existing utility poles shall be removed, and all utilities placed underground. No new
poles are allowed.
FEES
36. 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.
37. 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.
38. 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.
39. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee
payment, consistent with city policy.
TRANSPORTATION
40. Developer shall submit final photometric plans prior to first building permit issuance.
41. 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.
42. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and
shall follow City standards.
43. Developer shall design driveway grades to keep a standard automobile from dragging or
"bottoming out" on the street or driveway and to keep water collected in the street 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.
44. 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.
GRADING/DRAINAGE
45. 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
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provided to the Engineering Division before a grading permit will be issued. WDID# shall be
provided prior to Improvement Plan/Final Map approval.
46. 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.
47. 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.
48. 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.
49. 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.
50. 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:
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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.
(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.
51. NOTICING: At least one week prior to commencement of work, the Developer shall post at
the site and mail to owners of property within (500') five 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.
52. 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.
53. 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
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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.
54. 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.
55. 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.
56. 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.
57. 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).
58. 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.
59. 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.
60. 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.
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(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.
61. 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
62. Prior to the approval of the final map the Developer shall submit a Storm Water Control
Plan. The plan shall include the lot coverage based to the proposed house footprint for each
lot. If the architecture or house plotting is not known at the time of final design the storm
water control plan shall assume the maximum building footprint for each lot.
63. TRANSPORTATION
a. The Project shall comply with all the traffic mitigation measures identified in the
project's Initial Study/MND Addendum.
64. 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.
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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 kept of all inspections and shall include, at minimum, the following
information:
i. Site address;
ii. Date and time of inspection;
iii. Name of the person conducting the inspection;
iv. List of stormwater facilities inspected;
V. Condition of each stormwater facility inspected;
vi. Description of any needed maintenance or repairs; and
vii. 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 1St for the
Fall report, and no later than March 15th of the following year for the
Winter report.
65. The developer shall install an informational sign at Mataro Basin to build community
awareness of biodiversity, water quality, and flood management. The informational sign shall
be reviewed and approved by the Engineering division.
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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.
66. 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.
67. 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.
68. 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
69. 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.
70. 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.
71. 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.
72. 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.
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73. 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.
74. 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.
75. 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 CONDITION
76. Prior to final map approval, the developer shall provide staff with deed restriction language
notifying future residents that the Gilroy Unified School District does not provide
transportation to schools. The language shall be subject to the review and approval the
Planning Division Manager, and shall apply to all residential lots within this subdivision.
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2017 -22 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 19`h day of June, 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 Gilroy this 20`h d4 �f June, 2017.
Shawna Freels; M1VIC
City Clerk of the City of Gilroy
(Seal)