Resolution 2018-27RESOLUTION NO. 2018-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY TO APPROVE ARCHITECTURAL AND SITE REVIEW
A/S 17 -02 AND ADOPT A MITIGATION MONITORING AND
REPORTING PROGRAM, TO ALLOW CONSTRUCTION OF
THE HECKER PASS COMMERCIAL PROJECT LOCATED
SOUTH OF HECKER PASS HIGHWAY (STATE ROUTE 152) AT
2740 HECKER PASS ROAD (APN 810 -20 -006), FILED BY
HECKER PASS COMMERCIAL, LLC
WHEREAS, Hecker Pass Commercial, LLC, submitted an application requesting
an Architectural and Site Review to approve the architectural and site design of the
Hecker Pass Commercial project; and
WHEREAS, the subject property is located within the Hecker Pass Specific Plan
area, south of Hecker Pass Highway (State Route 152) at 2740 Hecker Pass Road; and
WHEREAS, the Hecker Pass Commercial Architectural and Site Review
Mitigated Negative Declaration has been prepared for the architectural and site review
application and mitigation measures have been developed and agreed to by Hecker Pass
Commercial LLC that avoid or reduce the environmental impacts of the project to less
than significant; and
WHEREAS, in accordance with the California Environmental Quality Act, the
Planning Manager provided public notice of the intent of the City to adopt the Hecker
Pass Commercial Architectural and Site Review Mitigated Negative Declaration (SCH#
2017092019) for this project, and the Planning Commission has considered the proposed
mitigated negative declaration before making its recommendation herein; and
WHEREAS, a mitigation monitoring and reporting plan (MMRP) has been
prepared, consistent with the Hecker Pass Commercial Architectural and Site Review
Mitigated Negative Declaration; and
WHEREAS, said Architectural and Site Review application was referred to
various city departments, including the Technical Advisory Committee, for
recommendations; and
WHEREAS, the project is consistent with applicable general plan, specific plan,
and zoning designations; has no value as habitat for endangered, rare, or threatened
species; would not result in significant effects related to traffic, noise, air quality, or
water quality; and can be adequately served by all required utilities and public services;
and
WHEREAS, on June 7, 2018, the Planning Commission of the City of Gilroy
considered the Architectural and Site Review request (A/S 17 -02), in accordance with the
RESOLUTION NO. 2018 -27
Gilroy General Plan, Hecker Pass Specific Plan, Gilroy Zoning Ordinance, and other
applicable standards and regulations, and recommended adoption of the Mitigated
Negative Declaration (MND); and
WHEREAS, on July 2, 2018, the City Council of the City of Gilroy considered
the MND, staff report, and MMRP, along with testimony received at the duly- noticed
public hearing and other materials; and
WHEREAS, the City Council finds the Architectural and Site Review application
A/S 17 -02 conforms to the City's General Plan, the Hecker Pass Specific Plan, and
elements thereof, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Gilroy hereby approves the Architectural and Site Review application A/S 17 -02 subject
to the conditions attached hereto as Exhibit A, and adopts the Hecker Pass Commercial
MMRP attached hereto as Exhibit B.
PASSED AND ADOPTED this 2nd day of July 2018 by the following roll call vote:
AYES: COUNCILMEMBERS:
TOVAR and TUCKER
NOES: COUNCILMEMBERS:
VELASCO
ABSENT: COUNCILMEMBERS:
ATTEST:
Freels, City Clerk
HARNEY, LEROE- MUNOZ,
BRACCO, BLANKL.EY,
NONE
RESOLUTION NO. 2018 -27
ATTACHMENT A
Hecker Pass Commercial Architectural and Site Review
#AS 17 -02 ( #17010029)
Conditions of Approval
Note: The following abbreviations identify the City department or division responsible
for determining compliance with these conditions. The first group listed has
responsibility for compliance at plan check, the second confirms compliance with
the condition at final inspection, prior to final occupancy or issuance of a
certificate of occupancy, or as specified in the condition. If only one group is
identified, they have responsibilities from initial review through compliance
verification. An internal condition reference number is located at the end of each
condition (e.g. G -1 or MND -S2).
RESPONSIBLE DEPARTMENTS /DIVISIONS
L
Building Division /Inspectors
K
Parks /Landscape Design
A
City Attorney
L
Planning Division
C
Chemical Control Agency
W
Public Works /Engineering
P
Fire Prevention
R
Traffic Division
D
Police Department
W
Wastewater /Source Control
GENERAL PROJECT CONDITIONS
Approval of Architectural and Site Review AS 17 -02 (hereinafter "this
permit ") is granted for approved plans stamped as "Received on January
19, 2018" ( "the plans ") on file with the Planning Division. Build -out of the
project shall conform to the plans, except as otherwise specified in these
conditions. Any future adjustment or modification to the plans shall be
considered by the Community Development Director or designee, may
require separate discretionary approval, and shall conform to all City, State,
and Federal requirements, including subsequent City Code requirements or
policies adopted by City Council. (PL, G -1)
2. Developer means permit applicant, property owner, operator, permitee,
lessee, and /or tenants using the space(s) for the intended use(s). Developer
shall comply with project conditions for the life of the project. (CA, G -2)
3. Developer agrees, as a condition of permit approval, at Developer's own
expense, to defend, indemnify, and hold harmless the City of Gilroy ( "the
City ") and its officers, contractors, consultants, attorneys, employees and
agents from any and all claim(s), action(s) or proceeding(s) brought against
the City or its officers, contractors, consultants, attorneys, employees, or
agents to challenge, attack, set aside, void or annul the approval of this
RESOLUTION NO. 2018 -27
resolution or any condition attached thereto or any proceedings, acts or
determinations taken, including actions taken under the California
Environmental Quality Act of 1970, as amended, done or made prior to the
approval of such resolution that were part of the approval process. (CA, G-
3)
4. Failure to appeal this decision in a timely manner, or commencement of any
activity related to the project, is understood to clarify Developer's
acceptance of all conditions and obligations imposed by this permit and
waiving any challenge to the validity of the conditions and obligations stated
therein. (CA, G -4)
5. Should Developer intend to request an extension to the permit expiration
date, Developer must submit to the Planning Division a written application
with applicable fees prior to the expiration date. Only timely requests may
be considered pursuant to the City Code. (PL, G -5)
6. Prior to issuance of building permits, Developer shall correct all violations of
the City Code, if any, existing on the project property for which the City has
open cases. (PUCE, G -6)
7. If Developer, owner or tenant fails to comply with any of the conditions of
this permit, the Developer, owner or tenant shall be subject to permit
revocation or enforcement actions pursuant to the City Code. All costs
associated with any such actions shall be the responsibility of Developer,
owner or tenant. (CA, G -7)
8. Prior to occupancy, Developer shall complete all required offsite and onsite
improvements related to the project, including structures, paving, and
landscaping, unless otherwise allowed by the Community Development
Director, or stated in these conditions. (BL, G -8)
9. Developer shall complete the "Notice of Land Use Restrictions and
Conditions" form, using the form provided by the City, for recording with the
Santa Clara County Recorder. Before the City issues building permits,
Developer shall submit the original completed, signed and notarized
document to the Community Development Director or designee. (PL, G -9)
10. Developer acknowledges that because of water limitations placed on the
City by its water providers, approval of this permit does not guarantee that
the city will issue building permits. Issuance of building permits may be
delayed and subject to implementation and /or compliance with mandated
water conservation or allocation plans. (PUPW, G -10)
11. Any covenants, conditions, and restrictions (CC &Rs) applicable to the
project property shall be consistent with the terms of this permit and the City
RESOLUTION NO. 2018 -27
Code. If there is a conflict between the CC &Rs and the City Code or this
permit, the City Code or this permit shall prevail. (PL /CA, G -11)
12. Developer shall obtain building permits for the plans within one (1) year from
the date of this permit approval. If such buildings permits are not received
within the time frame, this permit shall automatically become null and void.
(PL, G -13)
PLANNING DIVISION STANDARD CONDITIONS
13. Developer shall obtain necessary permits prior to initiating any new
construction or modifications authorized under this approval, including but
not limited to temporary construction trailers, temporary staging areas,
model home sales offices, advertising signs of any kind, exterior and interior
modifications. Developer shall pay all requisite fees in effect at the time of
plan submittal and /or issuance, as applicable. (PL/BL, PLA )
14. Developer shall submit plans for building permit applications that include all
exterior building materials and colors, including product and finish
manufacturer name, color name and number, and surface finish type (e.g.
stucco with sand finish, plaster with smooth finish) to be used in
construction. (PL, PL -2)
15. Developer shall submit plans for building permit applications that include, on
all sets, a reproduction of all conditions of approval of this permit, as
adopted by the decision - maker. (PL, PL -3)
16. Prior to issuance of building permits, Developer shall provide to the
Planning Division digital photos or copies of full -size colored elevations,
color and material sample boards, perspective illustrations, and any other
colored exhibit approved by the decision - maker. (PL, PL -4)
17. Developer may not modify any use approved by this permit unless the
Community Development Director or designee determines that Developer
has provided the parking required by the City Code for the modified use.
Such determination may require an adjustment or modification to this permit
approval. (PL, PL -5)
18. Prior to issuance of grading permits, Developer shall submit a combined
landscape and lighting plan to verify all project onsite lighting shall be of a
type and in a location that does not constitute a hazard to vehicular traffic,
either on private property or on public property, including streets. Such
lighting shall not conflict with drainage plans, landscape plans, tree
locations, parking spaces, or any other such land use concerns. (PL, PL -6)
RESOLUTION NO. 2018 -27
19. Parking lot and exterior light fixtures shall be full cutoff type so that lighting
is directed downward only, minimizing glare and light pollution, and shall not
cast light on any adjacent property or roadway. Developer shall recess or
conceal any under - canopy lighting elements so they are not directly visible
from any public area. Prior to issuance of building permits, Developer shall
submit a lighting plan with details of the proposed fixtures and locations to
the satisfaction of the Community Development Director or designee. (PL,
PL -7)
20. Developer agrees, as a permit of condition approval, that no sign advertising
the development project or components thereof, including individual tenants
or subdivisions, shall be installed or maintained onsite or offsite except as
allowed and in conformance with an approved sign permit. (PL, PL -8)
21. Concurrent with or prior to an application for a grading permit, Developer
shall apply for a Santa Clara Valley Habitat Plan permit from the City of
Gilroy. The grading permit will be issued only after payment of assessed
fees and approval of the Habitat Plan permit. (PL, PL -9)
22. Prior to issuance of a grading permit, Developer shall present to the
Community Development Director or designee, a receipt issued by Santa
Clara County for full payment of the Santa Clara Valley Habitat Plan fees for
associated with the proposed development. Such receipt shall be dated
within six (6) months of the grading permit issuance date, or the fee amount
may be reassessed and difference collected at the time of grading permit
issuance. (PL, PL -10)
23. To minimize potential construction - related impacts to noise, Developer shall
include the following language on any grading, site work, and construction
plans issued for the subject site (PUBL, PL -11):
"During earth - moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
(A) Limit construction activity to weekdays between 7:00 a.m. and 7:00
p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction
noise is prohibited on Sundays and City - observed holidays;
(B) Locate stationary noise - generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a
construction project area;
(C) Construct sound walls or other noise reduction measures prior to
developing the project site,
(D) Equip all internal combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate for the
equipment;
(E) Prohibit all unnecessary idling of internal combustion engines;
RESOLUTION NO. 2018 -27
(F) Utilize "quiet" models of air compressors and other stationary noise
sources where technology exists; and
(G) Designate a "disturbance coordinator' who would be responsible for
responding to any complaints about construction noise. The disturbance
coordinator will determine the cause of the noise complaint (e.g. bad
muffler, etc.) and will require that reasonable measures be implemented
to correct the problem."
24. To minimize potential construction - related impacts to air quality, Developer
shall include the following language on any grading, site work, and
construction plans issued for the project site:
"During earth - moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
(A) All exposed surfaces (e.g. parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) shall be watered two times
per day;
(B) All haul trucks transporting soil, sand, or other loose material onsite or
offsite shall be covered;
(C)AII visible mud or dirt tracked out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per
day. The use of dry power sweeping is prohibited;
(D)AII vehicle speeds on unpaved roads or pathways shall be limited to 15
miles per hour;
(E) All roadways, driveways, and sidewalks to be paved shall be completed
as soon as possible. Building pads shall be laid as soon as possible
after grading unless seeding or soil binders are used;
(F) Idling times shall be minimized either by shutting equipment off when
not in use or reducing the maximum idling time to 5 minutes (as
required by the California airborne toxics control measure Title 13,
Section 2485 of California Code of Regulations [CCR]). Clear signage
shall be provided for construction workers at all access points;
(G)AII construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified visible emissions evaluator; and
(H) Post a publicly visible sign with the telephone number and person to
contact at the lead agency regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The Air District's
phone number shall also be visible to ensure compliance with
applicable regulations." (PL /BL, PL -12)
25. In the event of an accidental discovery of archaeological resources during
grading or construction activities, Developer shall include the following
language on any grading, site work, and construction plans issued for the
project site:
RESOLUTION NO. 2018-27
"If archaeological or cultural resources are discovered during earth - moving,
grading, or construction activities, all work shall be halted within at least 50
meters (165 feet) of the find and the area shall be staked off immediately.
The monitoring professional archaeologist, if one is onsite, shall be notified
and evaluate the find. If a monitoring professional archaeologist is not
onsite, the City shall be notified immediately and a qualified professional
archaeologist shall be retained (at Developer's expense) to evaluate the find
and report to the City. If the find is determined to be significant, appropriate
mitigation measures shall be formulated by the professional archaeologist
and implemented by the responsible party." (BL /PL, PL -13)
26. In the event of an accidental discovery or recognition of any human
remains, Developer shall include the following language in all grading, site
work, and construction plans:
"If human remains are found during earth - moving, grading, or construction
activities, 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."
(BUPL, PL -14)
27. Developer shall install all roof and building rain gutters and downspouts,
vents, and flashing to integrate as closely as possible with building design
elements, including matching the color of the adjacent surface. (PL, PL -15)
28. Prior to issuance of building permits, Developer shall provide utility meters,
mechanical equipment, mailboxes and address directories, placed in
RESOLUTION NO. 2018 -27
decorative cabinets and clustered for efficient access by residents and
service persons. The final placement and design shall be to the satisfaction
of the Community Development Director or designee. (PL, PL -16)
29. Prior to issuance of building permits, Developer shall provide screening of
all mechanical equipment, post indicator valves, backflow prevention
devices etc. All ground mounted utility appurtenances such as transformers
shall not be visible from any public right -of -way and shall be adequately
screened through the use or combination of concrete or masonry walls,
berms, and landscaping. In addition to the above, backflow preventers shall
be painted dark green, except the fire connection which shall be painted
yellow. The final placement and design of these items shall be to the
satisfaction of the Community Development Director or designee. (PL, PL-
17)
30. Prior to issuance of building permits, Developer shall include identify the
placement and design of directory sign(s) and location map(s) for multi-
family residential projects. Such signs /maps shall be installed prior to
occupancy of the first unit. (PL, PL -18)
31. Prior to issuance of building permits, Developer shall locate rooftop
mechanical equipment, including but not limited to heating and cooling
systems, plumbing vents, ducts and other appurtenances protruding from
the roof are recessed or otherwise screened so that they will not be visible
from the front of the property or other major public vantage points. (PL, PL-
19)
32. Developer shall install all roof and building drainpipes and downspouts
inside building elements. These items shall not be visible on any exterior
building elevations. (PL, PL -20)
33. Prior to issuance of building permits, Developer shall provide architectural
screening for any exterior utility meters. The final placement and design
shall be to the satisfaction of the Community Development Director or
designee. (PL, PL -21)
34. Prior to issuance of building permits, Developer shall provide screening of
all ground -level mechanical equipment, post indicator valves, backflow
prevention devices etc. All ground mounted utility appurtenances such as
transformers shall not be visible from any public right -of -way and shall be
adequately screened through the use or combination of concrete or
masonry walls, berms, and landscaping. In addition to the above, backflow
preventers shall be painted dark green, except the fire connection which
shall be painted yellow. The final placement and design of these items shall
be to the satisfaction of the Community Development Director or designee.
(PL, PL -22)
RESOLUTION NO. 2018-27
35. Prior to issuance of a sign permit for this site, Developer shall propose well -
designed, quality signs that comply with the allowances of the City Code,
and are to the satisfaction of the Community Development Director or
designee. Cabinet or box -style signs will not be permitted onsite. (PUBL,
PL-23)
36. Prior to issuance of building permit, Developer shall confirm the location and
design of bicycle storage onsite. The placement and design shall be to the
satisfaction of the Community Development Director or designee. (PL, PL-
24)
37. Prior to issuance of building permit, Developer shall stripe all loading zones,
whether situated outside or inside a structure, for loading and unloading
activities only and shall post a sign prohibiting storage or other non - loading
activity within the designated loading zone. (PUBL, PL -25)
38. Prior to issuance of a certificate of occupancy, Developer shall remove all
construction materials, debris, and vehicles from the subject property.
(PUBL, PL -26)
PLANNING LANDSCAPING CONDITIONS
39. Prior to issuance of building permits, Developer shall identify landscaping or
other screening method to protect glare from headlights on the subject
property extending offsite. At the time of planting, such screening shall be
maintained at or below three (3) feet if located in a required street frontage
or front yard. Details of required screening shall be to the satisfaction of the
Community Development Director or designee. (PL, PL -27)
40. Prior to issuance of building permits, Developer shall (as part of the
irrigation system) include sensors that suspend or alter irrigation operation
during unfavorable weather conditions (e.g. automatic rain shut -off devices).
(PL, PL -28)
41. Prior to issuance of building permits or initiation of the proposed use,
whichever comes first, Developer shall submit a completed Landscape
Documentation Package, including a soil analysis /management report along
with appropriate application review fees, to the Community Development
Department, including required documentation for compliance verification,
and obtain approval of such plans. (PL, PL -29)
42. As part of the Landscape Plan submittal, Developer shall not include any
invasive plant species, such as those listed by the California Invasive Plant
Council. (PL, PL -30)
RESOLUTION NO. 2018 -27
43. As part of the Landscape Plan submittal, Developer shall clarify a minimum
three (3) inch layer of mulch to be applied on all exposed soil surfaces, as
required by the State MWELO. (PL, PL -31)
44. Prior to issuance of building permits or initiation of the proposed use,
whichever comes first, Developer shall submit a signed Certificate of
Completion, along with all necessary supporting documentation and
payment to the Community Development Department, for compliance
verification of the landscape installation. (PL, PL -32)
45. Prior to issuance of certificate of occupancy or building permit final sign -off,
Developer shall complete installation of all landscaping and irrigation in
accordance with the approved plans. (PL/ PL -33)
46. Developer is required under MWELO to provide a copy of the approved
Certificate of Completion to the property owner or his or her designee. Prior
to completion of each build -out phase of development, Developer shall
provide the Community Development Director or designee a summary of
each lot in that phase and timing of compliance with this requirement. (PL,
PL -34)
47. For the life of the project, Developer shall maintain landscaping and
irrigation in accordance with the approved plans, except as otherwise
permitted or required by law. Significant changes to the number, placement,
and selection of plant species may require a modification to this approval, tc
be determined by the Community Development Director or designee. (PL,
PL -35)
PLANNING DIVISION SPECIAL CONDITIONS
48. Developer shall redesign the project within 30 days after approval to
address the following issues, subject to review and approval by the Planning
Manager:
(A) Retain the following significant trees, which are identified on
Exhibit -01, Tree Disposition Exhibit, stamped received on
December 21, 2017:
i. 10647 — 24 -inch coast live oak;
ii. 10648 — 6.5 -inch coast live oak;
iii. 10661 — 18 -inch coast live oak; and
iv. 10663 — 29 -inch valley oak.
This redesign will require reducing the width of the eastern
access driveway, and associated utilities, from the proposed width
of 31 feet to the minimum required of 26 feet. The redesign will also
require revisions to the vineyard landscaping plan.
(B) Locate the public bicycle parking spaces in more secure locations
closer to the building where people will be eating and shopping.
RESOLUTION NO. 2018 -27
(C)Add seating and additional landscaping at the outdoor barbecue
area for the residents. The landscaping shall screen the barbecue
area from the parking lot to improve the ambience of the facility.
(D)Add clerestory windows on the east and west side of the monitor on
the Wine Building. Clerestory window appearance from the outside
can be provided without allowing sunlight into the interior.
(E) Landscape plans shall be revised to ensure all materials under the
drip line of trees will be pervious.
(F) Landscape plans shall be revised to provide a consistent landscape
treatment on both sides of the eastern entry drive. (PL, PL -36)
49. Developer shall obtain a tree removal permit for the following four significant
trees that would be removed, prior to issuance of building or grading
permits:
(A) 10629 — 11 -inch coast live oak — Tree is in poor condition due to
growing into a fence;
(B) 10654 — 60 -inch California sycamore — Tree is in poor condition
with evidence of decay around the entire root collar, with signs of
decay throughout the mainstem and into the canopy. Arborist
recommended removing for safety reasons;
(C) 10658 — 48 -inch California sycamore — Tree is in poor condition
and should be removed to avoid uprooting failure;
(D) 10660 — 20 -inch valley oak — Tree is in fair condition, but is
proposed for removal to construct the project's west building.
Additionally, if the City adopts a tree removal ordinance prior to approval of
this project, the project would be subject to the requirements of the tree
removal ordinance. (PL, PL -37)
50. Prior to issuance of building permits, Developer shall submit and obtain
approval of a master sign program for the project, which shall indicate on
the site plan the elevations, the size, placement, materials, and color of all
proposed free - standing and building signs. The sign program shall also
include specific signage and directories to promote the live /work businesses
located on the 2"d floor. The total square footage of all signs for the project
shall not exceed the sign limitations provided for in the Hecker Pass Specific
Plan. (PL/BL, PL -38)
51. Developer shall submit bicycle rack design that is consistent with the
specific plan's desired agricultural theme, which may require a custom
design. The bicycle rack design shall be subject to review and approval by
the Planning Manager, prior to issuance of a building permit. (PL, PL -39)
52. Developer shall limit outdoor storage and outdoor activities as described in
the project application and to the locations shown on the project plans.
Developer shall maintain screening of storage and use area(s) from
RESOLUTION NO. 2018 -27
adjacent properties and public vantage points for the life of the project. The
requisite screening shall match the predominant design and materials of the
main structure on the project site. Any outdoor seating subsequently
proposed for the Wine Building and /or the commercial restaurants shall
require Planning Division approval. (PL, PL -40)
53. Wine building operators shall ensure that deliveries to the wine building do
not interfere with parking during operational hours of other businesses
within the project. (PL, PL -41)
54. Developer shall submit a design for a mural on the west side of the Wine
Building to meet the objective of policy 5 -2 of the Hecker Pass Specific
Plan. The design is subject to review and approval of the Planning Manager,
prior to occupancy of the Wine Building. (PL, PL -42)
55. The type of stone veneer used on the east and west building columns shall
be subject to review and approval by the Planning Manager, prior to
issuance of a building permit. (PL, PL -43)
56. The residential and the commercial space in the live /work units must be
occupied by the same tenant, and no portion of the live /work unit may be
rented, subleased, or sold separately. Adherence to this condition shall be
the responsibility of the entity that will be managing the building. (PL, PL -44)
57. Live /work units must comply with applicable City of Gilroy building and
construction codes. (PL, PL-45)
58. Residents conducting business in a live /work unit must obtain a City of
Gilroy business license. (PL, PL -46)
59. The commercial component as designated on the floor plan of the live /work
units shall remain commercial and cannot be converted to residential use.
(PL, PL-47)
60. The residential component as designated on the floor plan of the live /work
units shall remain residential and cannot be converted to commercial use.
(PL, PL-48)
61. The commercial component in the live /work units shall not detract from, or
otherwise be a nuisance to, the residential character or appearance of the
dwelling units. (PL, PL -49)
62. The commercial use in the live /work units shall not generate external noise,
odor, glare, vibration or electrical interference detectable to the normal
sensory perception by adjacent neighbors. (PL, PL -50)
RESOLUTION NO. 2018-27
63. No explosive, toxic, combustible or flammable materials in excess of what
would be allowed incidental to normal residential use shall be stored or used
on the premises in the live /work units. (PL, PL -51)
64. Prior to occupancy of the live /work units, the Applicant shall submit a
business plan to address all aspects of the commercial components of the
live /work units. Such plans shall strictly prohibit certain uses that would be
disruptive to the residential community (such as retail sale of food and /or
beverages). Any changes to plan cannot conflict with the approvals and
allowances under this permit, and may require a modification process
review as determined by the Community Development Director or designee.
The property management company shall be responsible for ensuring
compliance with the business operations. (PL, PL -52)
65. No chain or franchise convenient stores, chain or franchise type restaurants,
or fast food restaurants are permitted. (PL, PL -53)
66. Property owner shall dedicate land necessary for the Class I bike path along
the northern property boundary, prior to issuance of a building permit. (PL,
PL -54)
PLANNING DIVISION ENVIRONMENTAL CONDITIONS
67. Prior to issuance of building permits, subject to review and approval by the
City Planning Division, the developer shall provide to the city details of a
proposed vehicle reduction program for future employees of the project
utilizing the Bay Area Commuter Benefits Program, 511.org rideshare
program, or other local commuter benefits program. (MND AQ -1) (PL, PL-
55)
68. Prior to issuance of building permits, subject to review and approval by the
City Planning Division, the developer shall provide to the city details of a
proposed green waste diversion program, which will include on -site
composting, for the Agri- tourist Commercial development consistent with the
2017 BAAQMD Clean Air Plan control measure WA3. (MND AQ -2) (PL, PL-
56)
69. The following construction equipment parameters shall be included on all
grading and building plans, subject to review and approval by the Building
Division:
(A) All mobile diesel - powered off -road equipment larger than 25
horsepower and operating on the site for more than two
consecutive days shall meet, at a minimum, U.S. EPA particulate
matter emissions standards for Tier 2 engines or equivalent that
also includes CARB- certified Level 3 Verified Diesel Emission
Control Strategies (VDECS) or Diesel Particulate Filters meeting
these requirements. Note that U.S. EPA Tier 4 equipment is
RESOLUTION NO. 2018 -27
considered to meet this measure. Developer and /or construction
contractor shall be responsible for submitting an equipment data list
and operations timeframes to the Building Division prior to
commencement of grading operations, and updating the
information each week that there is a change. For each piece of
equipment, the list shall include: CARB identification number, type
of equipment (grader, dozer, etc.), emissions classification of
equipment (Tier 2, filter type, etc.), compliance or non - compliance
with emissions requirements above, and proposed operation
schedule.
(B) Include conspicuous signage at the construction site entry and on-
site construction office reiterating idle time limits on all diesel - fueled
off -road vehicles to five minutes, as required by Title 23, Section
2449, of the California Code of Regulations ( "CARB Off -Road
Diesel Regulations ").
(C) Eliminate the use of portable diesel equipment (e.g., generators)
within 200 feet of project boundaries by providing electrical service
at the site during the initial construction phase. Alternatively, use
propane or natural gas powered equipment if electricity is not
available.
Weekly monitoring reports detailing compliance with the measures
described above shall be submitted by the developer to the Building
Division during all phases of construction. The Building Division shall
ensure this has occurred prior to issuance of an occupancy permit. (MND
AQ -3) (PL, PL -57)
70. (HPSP Policy 5 -44) Pre - construction surveys for protected birds shall be
conducted for improvements or development proposed in or adjacent to
potential nesting habitat (i.e., riparian woodland) if development is proposed
during the nesting and /or breeding season of raptors (generally March
through August). If any active nests are found within the survey area, at the
discretion of the biologist, clearing and construction within 250 feet shall be
postponed or halted until nests are vacated and juveniles have fledged, and
there is no evidence of a second attempt at nesting. (MND BIO -1). (PL, PL-
58)
71. (Consolidated Landscaping Policy) Prior to issuance of a grading permit, the
developer shall submit a final tree replacement plan to mitigate for proposed
tree removals. The final plan shall identify the species, size, numbers, and
locations for the replacement trees, and will be subject to review and
approval by the Planning Manager. The tree replacement plan shall be
implemented with construction of the project. (MND BIO -2) (PL, PL -59)
72. (HPSP Policy 7 -9) Prior to the commencement of grading or construction
activities, the protected zone of any tree or group of trees to be retained
should be fenced to prevent injury to the trees during construction under the
RESOLUTION NO. 2018 -27
supervision of an arborist. 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. (MND B10 -3)
(PL, PL -60)
73. Prior to issuance of a grading permit, the developer shall have a
supplemental geotechnical report prepared and shall have additional boring
samples taken within the current project footprint on the site. All
recommendations shall be incorporated into the grading and building plans
as appropriate, subject to review and approval by the Building Division.
(MND GEO -1) (PL, PL -61)
74. Prior to issuance of a grading permit for the Agri- tourist Commercial site, the
project developer shall prepare an erosion control plan consistent with the
City's erosion control ordinance. The plan shall be subject to review and
approval of the City of Gilroy Engineering Division and its implementation by
project developer shall be monitored by the City. (MND GEO -2) (PL, PL -62)
75. (Note: The applicant's resubmittal dated January 19, 2018 adequately
addressed this issue.) The bocce ball court shall be located within an area
with acceptable noise levels, which is 65 DB Ldn or less.
(A) Prior to approval of the Architectural and Site Review application,
the developer shall prepare an alternative site plan that locates the
bocce ball court a minimum of 165 feet from the centerline of
Hecker Pass Highway;
(B) Should the developer decide to move the bocce ball court to an
alternate location onsite after construction and operation of the
Hecker Pass Highway/Third Street roundabout, the developer shall
submit an application to modify the Architectural and Site Review
approval.
In order to move the bocce ball court closer than 165 feet from the
centerline of Hecker Pass Highway, the developer shall pay for the
City to prepare an updated noise analysis to determine whether the
roundabout will reduce projected traffic noise on the highway to the
level that the bocce ball court would not need to be setback 165
feet. Based on the findings of the noise analysis, the bocce ball
court could be relocated to an alternate area with acceptable noise
levels, subject to the review and approval of the Planning Division.
(MND N -1) (PL, PL -63)
76. The developer shall design all residential live -work units with air conditioning
or mechanical ventilation, which shall be included on the building plans,
prior to issuance of a building permit, subject to review and approval by the
Building Division and the Planning Division. (MND N -2) (PL, PL -64)
RESOLUTION NO. 2018 -27
77. (HPSP EIR Mitigation Measure #18) Prior to issuance of the 75th building
permit within the Specific Plan area, developers for projects within the
specific plan area shall be responsible for improving Hecker Pass Highway
immediately west of Santa Teresa Boulevard to include a second
westbound travel lane. The second westbound travel lane on Hecker Pass
Highway, and the appropriate lane -drop taper consistent with Caltrans'
Standards, should extend as far as possible beyond (west of) Santa Teresa
Boulevard as can be accommodated within the existing public right -of -way,
with the design subject to approval by the City Engineer in his /her
reasonable discretion. Developers shall coordinate with the City of Gilroy
Engineering Division to design and implement the widening project.
Removal of deodar cedar trees along the highway must be avoided
wherever possible and improvements must be consistent with State scenic
highway guidelines. Traffic signal modifications should be made to the
intersection of Santa Teresa Boulevard and First Street/Hecker Pass
Highway to add vehicle detection for the second eastbound through lane.
However, implementation of this measure may not be feasible without either
a) removal of deodar cedar trees within the Caltrans right -of -way along the
southern side of the highway, which is an historic resource listed on both the
national and state registers, or b) significantly cut into the hillside on the
northern side of the highway, which would require construction of a retaining
wall.
The City of Gilroy is currently processing a request from the specific plan
property owners to amend the Hecker Pass Specific Plan, which includes
among other changes, elimination of this mitigation measure. Building
permits for the residential units will not be issued until the mitigation
measure is implemented, or the specific plan amendment request that
includes elimination and /or modification of the measure, is approved. (MND
T -1) (PL, PL -65)
78. (HPSP EIR Mitigation Measure #19). Prior to issuance of the 75th building
permit within the Specific Plan area, developers for projects within the
specific plan area shall be responsible for shoulder improvements to Hecker
Pass Highway, per Caltrans' standards, between Santa Teresa Boulevard
and the easterly limits of the planned Caltrans Uvas Creek Bridge
Improvement project. Developers shall coordinate with the City of Gilroy
Engineering Division to design and implement the shoulder improvements.
Removal of deodar cedar trees along the highway must be avoided
wherever possible and improvements must be consistent with State scenic
highway guidelines.
However, implementation of this measure may not be feasible without either
a) removal of deodar cedar trees within the Caltrans right -of -way along the
RESOLUTION NO. 2018 -27
southern side of the highway, which is an historic resource listed on both the
national and state registers, or b) significantly cut into the hillside on the
northern side of the highway, which would require construction of a retaining
wall.
The City of Gilroy is currently processing a request from the specific plan
property owners to amend the Hecker Pass Specific Plan, which includes
among other changes, elimination of this mitigation measure. Building
permits for the residential units will not be issued until the mitigation
measure is implemented, or the specific plan amendment request that
includes elimination and /or modification of the measure, is approved. (MND
T -2) (PL, PL -66)
79. Storm water detention shall be designed to prevent an increase in the 2-
year, 10 -year and 100 -year peak discharge for the project area (refinement
of existing HPSP policy 8 -6), and consistent with the City of Gilroy Storm
Water Management Guidance Manual For Low Impact Development &
Post - Construction Requirements (March 6, 2014). The design is subject to
review and approval by the Engineering Division, prior to issuance of a
grading permit. (MND U -1) (PL, PL -67)
FIRE MARSHALL STANDARD CONDITIONS
80. Commercial buildings over 3600 sq ft shall have a fire sprinkler system
installed compliant with NFPA 13 and a permit shall be obtained prior to
installation. The Fire Underground Lines shall be submitted for a permit
from the Fire Marshal and shall be compliant with NFPA 24. Locations of
DDCA and FDC shall be approved by the Fire Marshal and DDCA shall be
supervised along with the Fire Sprinkler System. (FP -1)
81. SCRWA Ordinance 13 -1 requires industrial and commercial discharges to
be managed under a permit. Please see the SCRWA Ordinance at:
http: / /ca- gilroy.civicplus.com /232 /Sewer- Ordinance. (FP -2)
82. All new commercial and industrial buildings shall have a sewer test manhole
installed on the property (see City Specifications) and in an area that can be
readily accessed by an inspector, (minimum of one for each building). For
tenants with industrial waste treatment systems, a separate sewer test
manhole may be required. (FP -3)
83. For Restaurants and Food Preparation /Processing when an in- ground
grease /oil interceptor is required, it shall be shown and specifications
included on the Building Permit Plans. In- ground interceptors shall have a
test manhole /inspector box located immediately after the grease interceptor.
The grease interceptor shall not be blocked but shall be accessible for
RESOLUTION NO. 2018-27
service /inspection. Exterior interceptors in drive areas shall be traffic rated.
(FP -4)
84. For Food Facilities, Grocery Stores and other sites with food waste: Trash
Enclosures are required to be covered with a non - combustible roof where
there are food wastes and /or grease generated. They shall provide room for
tallow bins, as well as garbage and recycling. Floors of trash enclosures
shall not drain to the front of the enclosure. The enclosure shall be
maintained clean using dry cleaning methods. The trash enclosure shall be
secured against unauthorized use (i.e. doors shall be lockable). (FP -5)
85. Apartment Building shall have a fire sprinkler system installed to meet NFPA
13R with all concealed spaces protected if 3 stories or less, or NFPA 13 if 4
or more stories. A separate plan review and permit are required for fire
sprinkler system installation. (FP -6)
86. The Fire alarm system shall provide water flow monitoring for each floor
level, a tamper switch at the DDCA and PIV (if one is present), a pull station
and smoke detector at the riser location. Water flow shall cause alarm to
sound in each unit. The smoke detection and CO monitoring shall only
sound in the unit of alarm and as a supervisory alarm to the main office.
Public areas including the community rooms, laundry rooms hallways shall
have smoke detectors located in them and send an alarm to the central
station. A separate plan review and permit are required for the fire alarm
system. (FP -7)
87. Elevator must be at least a 35001b capacity elevator, able to accommodate
a Gilroy gurney size of 80" x 25" as well as 2 EMS responders. (FP -8)
88. Emergency lighting shall be provided in any community rooms, commercial
areas, laundry rooms, stairwells and hallways /corridors. These areas shall
also have illuminated exit signage. (FP -9)
89. All doors to be compliant for signage, direction of swing and hardware. Note
the some community rooms may be A occupancies and shall have exiting in
conformance with A occupancy standards. (FP -10)
90. Knox Boxes shall be provided at: each stairwell, Fire Riser Room, Fire
Alarm Panel location, Electrical Room and each commercial space. To be
located at the upper right hand side of the main doorway to each. Each of
these shall be provided with Signage that is approved by the Fire Marshal.
(FP -11)
ENGINEERING GENERAL CONDITIONS
91. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic,
and Public Facilities Development Impact Fees. Payment of Street Tree
RESOLUTION NO. 2018 -27
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 7/1/2018. (PW -1)
92. 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 at building permit
stage. (PW -2)
93. 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, 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. (PW -3)
94. All construction water from fire hydrants shall be metered and billed at the
current hydrant meter rate. (PW-4)
95. The trash enclosure shall be connected to the SS system. (PW -5)
96. 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. (PW -6)
97. 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. (PW -7)
RESOLUTION NO. 2018 -27
98. All work shown on the improvement plans, if applicable, shall be inspected.
Uninspected work shall be removed as deemed appropriate by the Public
Works Director. (PW -8)
99. 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. (PW -9)
100. 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. (PW -10)
101. 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. (PW -11)
102. 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. (PW -12)
ENGINEERING SPECIAL CONDITIONS
103. The project is making new utility lateral cuts on newly constructed 3rd street.
The project shall slurry seal 3rd street along the project frontage. (PW -13)
104. This project is subject to post- construction stormwater quality requirements
per Chapter 27D of the Gilroy Municipal Code. (PW -14)
a. At building /grading permit stage, project shall submit a design
level Stormwater Control Plan Report to include an exhibit of the proposed
site conditions which clearly delineates impervious and pervious areas on
RESOLUTION NO. 2018-27
site. Provide a separate hatch or shading for landscaping /pervious areas
on -site including those areas that are not bioretention areas.
b. At building /grading permit phase, submit the final signed
Performance Requirement Certifications specified in the Stormwater
Guidance Manual.
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, with the
County of Santa Clara and it shall be binding on all subsequent
owners of land served by the storm water management treatment
BMPs. The City- standard Stormwater BMP Operation and
Maintenance Agreement will be provided by Public Works
Engineering.
ii. This Agreement shall require that the BMPs not be modified and
BMP maintenance activities not alter the designed function of the
facility from its original design unless approved by the City prior to the
commencement of the proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance
or repair is neglected, or the stormwater management facility
becomes a danger to public health or safety, the city shall have the
authority to perform maintenance and /or repair work and to recover
the costs from the owner.
iv. All on -site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired /replaced by the
property owner(s), 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 Control 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.
RESOLUTION NO. 2018 -27
Written records shall be kept of all inspections and shall include, at
minimum, the following information:
1) Site address;
2) Date and time of inspection;
3) Name of the person conducting the inspection;
4) List of stormwater facilities inspected;
5) Condition of each stormwater facility inspected;
6) Description of any needed maintenance or repairs; and
7) As applicable, the need for site re- inspection.
e. 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.
(End of Exhibit A)
RESOLUTION NO. 2018 -27
ATTACHMENT B
Hecker Pass Commercial Architectural and Site Review
#AS 17 -02 (17010029)
Mitigation Monitoring Program
Note: This mitigation monitoring program shall supersede any other
mitigation monitoring program adopted for the project or project site.
Introduction
CEQA Guidelines section 15097 requires public agencies to adopt
reporting or monitoring programs when they approve projects subject to an
environmental impact report or a negative declaration that includes mitigation
measures to avoid significant adverse environmental effects. The reporting or
monitoring program is to be designed to ensure compliance with conditions of
project approval during project implementation in order to avoid significant
adverse environmental effects.
The law was passed in response to historic non - implementation of
mitigation measures presented in environmental documents and subsequently
adopted as conditions of project approval. In addition, monitoring ensures that
mitigation measures are implemented and thereby provides a mechanism to
evaluate the effectiveness of the mitigation measures.
A definitive set of project conditions would include enough detailed
information and enforcement procedures to ensure the measure's compliance.
This monitoring program is designed to provide a mechanism to ensure that
mitigation measures and subsequent conditions of project approval are
implemented.
Monitoring Program
The basis for this monitoring program is the mitigation measures included
in the Hecker Pass Specific Plan EIR. These mitigation measures are designed
to eliminate or reduce significant adverse environmental effects to less than
significant levels. These mitigation measures become conditions of project
approval, which the applicant is required to complete.
These mitigation measures have been modified to be consistent with the
Santa Clara Valley Habitat Plan, which was adopted after adoption of the
mitigation monitoring program for the Hecker Pass Specific Plan.
The attached checklist is for monitoring the implementation of the
mitigation measures. This monitoring checklist contains all appropriate mitigation
measures in the EIR, as modified.
RESOLUTION NO. 201 5 -27
Monitoring Program Procedures
The City of Gilroy shall use the attached monitoring checklist for the
Hecker Pass Commercial subdivision. The monitoring program should be
implemented as follows:
1. The Gilroy Community Development Department is responsible for
coordination of the monitoring program, including the monitoring checklist.
The Community Development Department should be responsible for
completing the monitoring checklist and distributing the checklist to the
responsible individuals or agencies for their use in monitoring the
mitigation measures;
2. Each responsible individual or agency will then be responsible for
determining whether the mitigation measures contained in the monitoring
checklist have been complied with. Once all mitigation measures have
been complied with, the responsible individual or agency should submit a
copy of the monitoring checklist to the Community Development
Department to be placed in the project file. If the mitigation measure has
not been complied with, the monitoring checklist should not be returned to
the Community Development Department;
3. The Community Development Department will review the checklist to
ensure that appropriate mitigation measures and additional conditions of
project approval included in the monitoring checklist have been complied
with at the appropriate time, e.g. prior to issuance of a use permit, etc.
Compliance with mitigation measures is required for project approvals;
and
4. If a responsible individual or agency determines that a non - compliance
has occurred, a written notice should be delivered by certified mail to the
project proponent within 10 days, with a copy to the Community
Development Department, describing the non - compliance and requiring
compliance within a specified period of time. If non - compliance still exists
at the expiration of the specified period of time, construction may be halted
and fines may be imposed at the discretion of the City of Gilroy.
RESOLUTION NO. 2018-27
Hecker Pass Commercial Monitoring Checklist
Step 1 — Prior to Approval of Arch & Site Review Application
The following mitigation measure shall be implemented:
Mitigation Measure N -1
The bocce ball court shall be located within an area with acceptable noise
levels, which is 65 DB Ldp or less.
a. Prior to approval of the Architectural and Site Review application, the
applicant shall prepare an alternative site plan that locates the bocce ball
court a minimum of 165 feet from the centerline of Hecker Pass Highway.
Party Responsible for Implementation: Hecker Pass Commercial LLC
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Step 2 - Prior to Issuing a Grading Permit
The following mitigation measures shall be implemented:
Mitigation Measure AQ -3
The following construction equipment parameters shall be included on all
grading and building plans, subject to review and approval by the Building
Division:
a. All mobile diesel - powered off -road equipment larger than 25 horsepower
and operating on the site for more than two consecutive days shall meet,
at a minimum, U.S. EPA particulate matter emissions standards for Tier 2
engines or equivalent that also includes CARB- certified Level 3 Verified
Diesel Emission Control Strategies (VDECS) or Diesel Particulate Filters
meeting these requirements. Note that U.S. EPA Tier 4 equipment is
considered to meet this measure. Applicant and /or construction contractor
shall be responsible for submitting an equipment data list and operations
timeframes to the Building Division prior to commencement of grading
operations, and updating the information each week that there is a
RESOLUTION NO. 2018 -27
change. For each piece of equipment, the list shall include: CARB
identification number, type of equipment (grader, dozer, etc.), emissions
classification of equipment (Tier 2, filter type, etc.), compliance or non-
compliance with emissions requirements above, and proposed operation
schedule.
b. Include conspicuous signage at the construction site entry and on -site
construction office reiterating idle time limits on all diesel - fueled off -road
vehicles to five minutes, as required by Title 23, Section 2449, of the
California Code of Regulations ( "CARB Off -Road Diesel Regulations ").
c. Eliminate the use of portable diesel equipment (e.g., generators) within
200 feet of project boundaries by providing electrical service at the site
during the initial construction phase. Alternatively, use propane or natural
gas powered equipment if electricity is not available.
Weekly monitoring reports detailing compliance with the measures
described above shall be submitted by the applicant to the Building
Division during all phases of construction. The Building Division shall
ensure this has occurred prior to issuance of an occupancy permit.
Party Responsible for Implementation: Meritage Homes
Party Responsible for Monitoring: Gilroy Building Division
Monitoring Notes:
Mitigation Measure 13I0-1
(HPSP Policy 5 -44) Pre - construction surveys for protected birds shall be
conducted for improvements or development proposed in or adjacent to
potential nesting habitat (i.e., riparian woodland) if development is
proposed during the nesting and /or breeding season of raptors (generally
March through August). If any active nests are found within the survey
area, at the discretion of the biologist, clearing and construction within 250
feet shall be postponed or halted until nests are vacated and juveniles
have fledged, and there is no evidence of a second attempt at nesting.
Party Responsible for Implementation: Hecker Pass Commercial LLC
Party Responsible for Monitoring: Gilroy Planning Division
RESOLUTION NO. 2018-27
Monitoring Notes:
Mitigation Measure 13I0-2
(Consolidated Landscaping Policy) Prior to issuance of a grading permit,
the applicant shall submit a final tree replacement plan to mitigate for
proposed tree removals. The final plan shall identify the species, size,
numbers, and locations for the replacement trees, and will be subject to
review and approval by the Planning Manager. The tree replacement plan
shall be implemented with construction of the project.
Party Responsible for Implementation: Hecker Pass Commercial LLC
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure BIO -3
(HPSP Policy 7 -9) Prior to the commencement of grading or construction
activities, the protected zone of any tree or group of trees to be retained
should be fenced to prevent injury to the trees during construction under
the supervision of an arborist. 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.
Party Responsible for Implementation: Hecker Pass Commercial, LLC
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
RESOLUTION NO. 2018 -27
Mitigation Measure GEO -1
Prior to issuance of a grading permit, the applicant shall have a
supplemental geotechnical report prepared and shall have additional
boring samples taken within the current project footprint on the site. All
recommendations shall be incorporated into the grading and building
plans as appropriate, subject to review and approval by the Building
Division.
Party Responsible for Implementation: Hecker Pass Commercial, LLC
Party Responsible for Monitoring: Gilroy Building Division
Monitoring N
Mitigation Measure GEO -2
Prior to issuance of a grading permit for the Agri- tourist Commercial site,
the project applicant shall prepare an erosion control plan consistent with
the City's erosion control ordinance. The plan shall be subject to review
and approval of the City of Gilroy Engineering Division and its
implementation by project applicant shall be monitored by the City.
Party Responsible for Implementation: Hecker Pass Commercial, LLC
Party Responsible for Monitoring: Gilroy Engineering Division
Monitoring Notes:
RESOLUTION NO. 2018 -27
Mitigation Measure U -1
Storm water detention shall be designed to prevent an increase in the 2-
year, 10 -year and 100 -year peak discharge for the project area
(refinement of existing HPSP policy 8 -6), and consistent with the City of
Gilroy Storm Water Management Guidance Manual For Low Impact
Development & Post - Construction Requirements (March 6, 2014). The
design is subject to review and approval by the Engineering Division, prior
to issuance of a grading permit.
Party Responsible for Implementation: Hecker Pass Commercial LLC
Party Responsible for Monitoring: Gilroy Engineering Division
Monitoring Notes:
Step 3 — Prior to Issuing a Building Permit
The following mitigation measures shall be implemented:
Mitigation Measure AQ -1
Prior to issuance of building permits, subject to review and approval by the
City Planning Division, the applicant shall provide to the city details of a
proposed vehicle reduction program for future employees of the project
utilizing the Bay Area Commuter Benefits Program, 511.org rideshare
program, or other local commuter benefits program.
Party Responsible for Implementation: Hecker Pass Commercial LLC
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
RESOLUTION NO. 2018 -27
Mitigation Measure AQ -2
Prior to issuance of building permits, subject to review and approval by the
City Planning Division, the applicant shall provide to the city details of a
proposed green waste diversion program, which will include on -site
composting, for the Agri- tourist Commercial development consistent with
the 2017 BAAQMD Clean Air Plan control measure WA3.
Party Responsible for Implementation: Hecker Pass Commercial LLC
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure N -2
The developer shall design all residential live -work units with air
conditioning or mechanical ventilation, which shall be included on the
building plans, prior to issuance of a building permit, subject to review and
approval by the Building Division and the Planning Division.
Party Responsible for Implementation: Hecker Pass Commercial, LLC
Party Responsible for Monitoring: Gilroy Building Division
Monitoring Notes:
Step 4 — When Determined Necessary by the Engineering Division
RESOLUTION NO. 2018 -27
The following mitigation measures shall be implemented:
Mitigation Measure T -1
HPSP EIR Mitigation Measure #18. Prior to issuance of the 75th building
permit within the Specific Plan area, applicants for projects within the
specific plan area shall be responsible for improving Hecker Pass
Highway immediately west of Santa Teresa Boulevard to include a second
westbound travel lane. The second westbound travel lane on Hecker Pass
Highway, and the appropriate lane -drop taper consistent with Caltrans'
Standards, should extend as far as possible beyond (west of) Santa
Teresa Boulevard as can be accommodated within the existing public
right -of -way, with the design subject to approval by the City Engineer in
his /her reasonable discretion. Applicants shall coordinate with the City of
Gilroy Engineering Division to design and implement the widening project.
Removal of deodar cedar trees along the highway must be avoided
wherever possible and improvements must be consistent with State scenic
highway guidelines. Traffic signal modifications should be made to the
intersection of Santa Teresa Boulevard and First Street/Hecker Pass
Highway to add vehicle detection for the second eastbound through lane.
However, implementation of this measure may not be feasible without
either a) removal of deodar cedar trees within the Caltrans right -of -way
along the southern side of the highway, which is an historic resource listed
on both the national and state registers, or b) significantly cut into the
hillside on the northem side of the highway, which would require
construction of a retaining wall.
The City of Gilroy is currently processing a request from the specific plan
property owners to amend the Hecker Pass Specific Plan, which includes
among other changes, elimination of this mitigation measure. If the
proposed project is approved, building permits for the residential units
could not be issued until the mitigation measure is implemented, or the
specific plan amendment request that includes elimination and /or
modification of the measure, is approved.
Party Responsible for Implementation: Hecker Pass Commercial LLC
Party Responsible for Monitoring: Gilroy Engineering Division
Monitoring Notes:
RESOLUTION NO. 2018 -27
Mitigation Measure T -2
HPSP EIR Mitigation Measure #19. Prior to issuance of the 75th building
permit within the Specific Plan area, applicants for projects within the
specific plan area shall be responsible for shoulder improvements to
Hecker Pass Highway, per Caltrans' standards, between Santa Teresa
Boulevard and the easterly limits of the planned Caltrans Was Creek
Bridge Improvement project. Applicants shall coordinate with the City of
Gilroy Engineering Division to design and implement the shoulder
improvements. Removal of deodar cedar trees along the highway must be
avoided wherever possible and improvements must be consistent with
State scenic highway guidelines.
However, implementation of this measure may not be feasible without
either a) removal of deodar cedar trees within the Caltrans right -of -way
along the southern side of the highway, which is an historic resource listed
on both the national and state registers, or b) significantly cut into the
hillside on the northern side of the highway, which would require
construction of a retaining wall.
The City of Gilroy is currently processing a request from the specific plan
property owners to amend the Hecker Pass Specific Plan, which includes
among other changes, elimination of this mitigation measure. If the
proposed project is approved, building permits for the residential units
could not be issued until the mitigation measure is implemented, or the
specific plan amendment request that includes elimination and /or
modification of the measure, is approved.
Party Responsible for Implementation: Hecker Pass Commercial LLC
Party Responsible for Monitoring: Gilroy Engineering Division
Monitoring
Step 5 — Prior to Approval of an Alternate Site Plan
The following mitigation measures shall be implemented:
Mitigation Measure N -1
RESOLUTION NO. 2018 -27
The bocce ball court shall be located within an area with acceptable noise
levels, which is 65 DB Ldn or less.
b. Should the applicant decide to move the bocce ball court to an alternate
location onsite after construction and operation of the Hecker Pass
Highway/Third Street roundabout, the applicant shall submit an application
to modify the Architectural and Site Review approval.
In order to move the bocce ball court closer than 165 feet from the
centerline of Hecker Pass Highway, the applicant shall pay for the City to
prepare an updated noise analysis to determine whether the roundabout
will reduce projected traffic noise on the highway to the level that the
bocce ball court would not need to be setback 165 feet. Based on the
findings of the noise analysis, the bocce ball court could be relocated to an
alternate area with acceptable noise levels, subject to the review and
approval of the Planning Division.
Party Responsible for Implementation: Hecker Pass Commercial LLC
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
(End of Exhibit B)
RESOLUTION NO. 2018 -27
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2018 -27 is an original resolution, or true and correct copy of a city
Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the 2 n day of July, 2018, 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 P day of July, 2018.
ShaZvn-zCVreels, MMC
City Clerk of the City of Gilroy
(Seal)