Loading...
Resolution 2018-29RESOLUTION NO. 2018-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TENTATIVE MAP APPLICATION TM 18 -01, TO ALLOW FOR A SUBDIVISION OF 72 SINGLE - FAMILY RESIDENTIAL LOTS IN THE HECKER PASS NORTH RESIDENTIAL CLUSTER, FILED BY HECKER PASS NORTH LLC, C/O SKIP SPIERING, APN 783 -04 -023 WHEREAS, Hecker Pass North LLC submitted an application requesting a tentative map review to approve the subdivision design of the Hecker Pass North Residential Cluster project; and WHEREAS, the subject property is located on the parcel north of Hecker Pass Highway and immediately east of the Gilroy Municipal Golf Course (APN 783 -04 -023); and WHEREAS, the Planning Commission of the City of Gilroy has considered the tentative map request (TM 18 -01), in accordance with the Gilroy Zoning Ordinance, City's Subdivision and Land Development Code, the State Subdivision Map Act, and other applicable standards and regulations; and WHEREAS, an addendum to the certified Hecker Pass Specific Plan/South Valley Community Church EIR has been prepared for this project; and WHEREAS, the addendum analyzed the proposed development of the Hecker Pass North Residential Cluster and determined the project would not create new significant environmental effects, intensify previously identified effects or take place in a context where new information is available that would alter conclusions in the Hecker Pass Specific Plan/South Valley Community Church EIR concerning potential environmental effects; and WHEREAS, said tentative map was referred to various public utility companies, City departments, including the Technical Advisory Committee for recommendations; and WHEREAS, the Planning Commission found the tentative map conformed to the City's General Plan and elements thereof, including the Hecker Pass Specific Plan; and WHEREAS, the Planning Commission held a duly noticed public hearing on June 7, 2018, at which time the Planning Commission considered the public testimony, the staff report dated June 7, 2018 ( "Planning Commission Staff Report"), and all other documentation related to TM 18 -01, and recommended that the City Council approve TM 18 -01 with 98 conditions; and WHEREAS, the City Council held a duly noticed public hearing on August 6, 2018, at which time the City Council considered the public testimony, the staff report dated August 6, 2018 ( "City Council Staff Report"), and all other documentation related to TM 18 -01. NOW, THEREFORE, BE IT RESOLVED THAT: 4812-7 6v1 JH104706089 RESOLUTION NO. 2018 -29 06089 SECTION I The City Council hereby finds as follows: 1. TM 18 -01 is generally consistent with the intent of the goals and policies of the City's General Plan. 2. TM 18 -01 is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. Public utilities and infrastructure improvements needed in order to serve TM 18 -01 are in close proximity. 4. TM 18 -01 is consistent with the applicable general and specific plans (Hecker Pass Specific Plan) as specified in Government Code Section 65451. 5. The design and improvements of the TM 18 -01vis consistent with applicable general and specific plans (Hecker Pass Specific Plan). 6. The site is physically suitable for the proposed type of development. 7. The site is physically suitable for the proposed density of development. 8. The design of TM 18 -01 and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 9. The design of TM 18 -01 is not likely to cause serious public health problems. 10. The design of TM 18 -01 and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. SECTION II The City Council of the City of Gilroy hereby approves TM 18 -01 subject to the 98 conditions of approval set forth in Exhibit "A" attached hereto. vote: PASSED AND ADOPTED this 6th day of August 2018, by the following roll call AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, LEROE- MUNOZ, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE JH\04706089 6v1 RESOLUTION NO. 2018 -29 JH104706089 4812-7104-42060 JH104706089 RESOLUTION NO. 2018 -29 06089 EXHIBIT A CONDITIONS OF APPROVAL TM 18 -01 GENERAL PROJECT CONDITIONS The Final Map shall comply with the Tentative Map prepared by Ruggeri- Jensen -Azar, dated June 7, 2018 and stamped approved, except as modified by the City Council' s approval of this application and the conditions of approval. 2. Approval of TM 18 -01 is subject to the applicant receiving approval of zone change application Z 18 -01. 3. 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 City's Residential Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as 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. The project must also comply with any condition of exemption granted from the RDO, including but not limited to time limits in obtaining City approvals and completion of construction of the dwelling units. 4. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. 5. This permit is granted for approved plans ( "the plans ") on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. 6. Developer means permit applicant, property owner, and/or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. 7. An approved tentative map or vesting tentative map shall expire twenty -four (24) months from the approval date if the final map is not approved prior to expiration. 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. X04706089 6v1 RESOLUTION NO. 2018 -29 JH104706089 9. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. 10. Developer shall complete all required off -site and on -site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. 11. Developer agrees, as a condition of adoption of this resolution, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. 12. Any covenants, conditions, and restrictions (CC &Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC &Rs and the City Code or this permit, the City Code shall prevail, with the exception that deviations from the City Code specifically approved under this permit shall prevail. 13. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. PLANNING DIVISION SPECIAL CONDITIONS 14. The applicant shall be required to construct a four -way stop controlled intersection on Autumn Drive, between the intersections of Autumn Drive with Pasture Street and Haybale Street, to provide an ingress /egress point to the Gilroy Municipal Golf Course. The location and specifications of the intersection improvements shall be in accordance with the City of Gilroy Standard details and to the satisfaction of the City Engineer. The applicant shall also obtain any and all easements and/or encroachments to accommodate development of the intersection, and prior to approval of the Final Map, the applicant shall remit a payment of $175,000 to the Gilroy Municipal Golf Course as mitigation for any impacts associated with the limited functionality of the golf course (i.e. hole /course reconfiguration needed to accommodate the new access driveway) and the financial performance of the golf course (i.e. impacts to revenue due to temporary closure of the course for construction of the intersection and related improvements). Location of said access driveway shall be to the approval of the Golf Course Manager and City Engineer, and be designed in such a manner to lessen the impact to the reconstructed golf course hole #9 green location. The applicant shall also build a protective fence, at his cost, to the JHk04706089 6v1 RESOLUTION NO. 2018 -29 JH104706089 approval of the Golf Course Manager, to keep errant golf balls and other items within the boundaries of the golf course. In addition to the details in the previous condition, the applicant shall also be responsible for the following on and off -site improvements: a. The existing driveway to Gilroy Municipal Golf Course from Hecker Pass Highway shall be closed at the intersection with Highway 152. The existing asphalt paving shall be removed from in between the existing cart path to the existing painted STOP bar. In its place shall be a landscaping treatment that visually discourages drivers on the highway from turning, but does not prevent the driveway from being used as an EVA for the subdivision. Said landscaping treatment shall be to the satisfaction of the City Engineer. Swing gates shall be installed across the driveway, in -line with the existing chain link fencing, and they shall include KNOX key access for police and fire use. b. Wayfmding signage shall be installed to direct travelers to the new golf course access on Autumn Drive. The signage shall be consistent with City of Gilroy standards for such signage, and shall be placed as follows: i. At locations approaching the traffic circle on Hecker Pass Highway sufficient to provide adequate notice to east and westbound traffic ii. At the intersection of Autumn Drive and Little Barn Avenue c. A new decorative monument welcome sign for the golf course and its amenities shall be installed adjacent to the traffic circle on Autumn Drive, such that it is visible to traffic on Autumn Drive. Design of the sign and its placement shall be to the approval of the Golf Course Manager. d. Golf course safety netting shall be installed along the eastern edge of the hole in the southeast corner of the golf course (currently Hole 9) to the approval of the Golf Course Manager. The netting shall start approximately 125 feet north of the southern boundary of the golf course and Hecker Pass Highway, and proceed northerly for approximately 380 feet to a height specified by the Golf Course Manager. The HOA shall be responsible for maintaining the safety netting. e. The applicant shall be responsible for making repairs to the existing fencing along the golf course frontage on Bluebell Drive. Repairs may include, but not be limited to, replacement of fence posts, fence boards, fence lattice, or other corrective action to make the fencing sound and stable to the approval of the City Engineer and Golf Course Manager. f. The applicant shall install a new domestic potable water line to serve the development between Bluebell Drive and the Autumn Drive as shown on the reference attachment. The alignment of the new waterline shall follow the path of the existing cart path between holes #2 and #16 to the extent feasible. In the event that the water line is required to be designed to accommodate other future development beyond the proposed terminus, or to create a loop system to serve existing pipe network, the cost of construction that is solely for outside benefits will be reimbursed out of the Water Development Impact Fund. The Design of the new water line shall be in accordance with applicable City Standards and shall be to the approval of the City Engineer. g. The applicant shall reconstruct the existing cart path along the south side of hole #1 and along the north side of hole #16 from the clubhouse along the new waterline alignment, between holes #3 and #4, the north -south segment east of the hole #6 green 4812-7104-42060 JH104706089 RESOLUTION NO. 2018 -29 06089 and fairway, and the east -west segment north of the hole #6 green. The path along the new waterline alignment shall be 8 feet wide and designed to accommodate maintenance vehicles. The remainder of the new cart path shall be 6 feet wide, and have a minimum structural section of 1" A/C over 4" compacted Class II aggregate base, unless otherwise approved by the City Engineer. The cart path improvements shall be to the approval of the Golf Course Manager and City Engineer. In constructing these and other off -site improvements, the applicant agrees to coordinate with the management at Gilroy Municipal Golf Course to schedule and conduct activities to minimize impacts to the operations of the golf course. The City shall work with the management at the golf course to ensure the applicant has the necessary access to construct these improvements. 15. Prior to approval of any Final Map for this project, Little Barn Avenue shall be renamed to Little Barn Lane on all maps, plan sheets, construction drawings, etc., associated with this Tentative Map and the associated applications of Z 18 -01 and AS 18 -03. This will ensure consistency with the previous determinations of the Street Naming Committee. 16. Prior to the issuance of any demolition permits, a comprehensive lead based paint survey shall be submitted to the City. If any lead based paint is identified, it shall be removed from the site in accordance with all applicable regulations, including California Division of Occupational Safety and Health (Cal /OSHA) Lead in Construction Standard, as included in California Code of Regulations, Title 8, Section 1532.1, during demolition activities. If lead paint is peeling, flaking or blistered, it shall be removed prior to demolition. It is assumed that such paint will become separated from the building components during demolition activities and could become air - borne; therefore, it shall be managed and disposed as a separate waste stream. Any debris or soil containing lead paint or coat shall be disposed at landfills that are permitted to accept the waste being disposed. 17. The applicant 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 Planning Division. 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; • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; • Hydroseed or apply (non - toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); 4812-7104-42060 JH104706089 RESOLUTION NO. 2018 -29 06089 • 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; • Replant vegetation in disturbed areas; • Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at all exit points to dislodge and trap dirt from vehicle tires; • 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. 18. In order to prevent the spread of invasive non - native species, the project proponent shall prepare and implement a landscaping and re- vegetation plan to include the following requirements: • An eradication plan for plants listed on the Invasive Plant Inventory (Cal -IPC 2006) currently growing on the project site to be implemented during the grading phases of the project in those areas subject to grading work (excluding the Uvas Creek corridor, where the SCVWD implements their own weed eradication program); • Use of plants listed on the Invasive Plant Inventory (Cal -IPC 2006) shall be prohibited; • Exposed soil areas shall be planted, mulched, or covered between October 15 and the following April 15 each year; • Plant materials used in landscaping, erosion control, or habitat restoration shall consist of plants that are included in an appropriate native California plants as identified by a qualified biologist or landscape architect; • Information regarding the removal of invasive species and landscaping plant preferences shall be distributed to each homeowner prior to occupancy; • To prevent erosion and conserve water during construction, bare soil between newly installed plant materials shall be mulched, covered with jute netting, or seeded with a mix of seeds best suited for the climate and soil conditions, and native to the Santa Clara County region; and • Lots graded but left vacant pending sale and construction of a house and landscaping shall be monitored for invasive plants. If deemed necessary, bare soils should be covered, seeded, or invasive species actively removed. • The landscape and revegetation plan shall be included in the final improvement plans, subject to review and approval by the Planning Division, prior to approval of the final improvement plans. 4812-7104-42060 JH104706089 RESOLUTION NO. 2018 -29 06069 19. Pre - construction surveys for nesting raptors will be conducted by a qualified biologist if construction is to occur during the nesting season (April 15 — August 1) to reduce impacts to a less than significant level. If raptor nests are located during pre - construction surveys, a qualified biologist shall establish a 300 -foot buffer around each nest for the duration of the breeding season (until such time as the young are fully fledged) to prevent nest harassment and brood mortality. Work may proceed prior to August 1 only if a qualified biologist conducts nest checks and establishes that the young are fully fledged. Every effort will be made to avoid removal or impact to known raptor nests within project boundaries. If trees known to support raptor nests cannot be avoided, removal of these trees will only occur during the non - breeding season to reduce impacts to a less than significant level. This mitigation measure is subject to the review and approval of the Planning Division. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. 20. Pre - construction surveys for roosting bats will be performed no more than 30 days prior to construction. If roosts are found, a Memorandum of Understanding (MOU) with the CDFG will be obtained by the contractor in order to remove bat species. Alternatively, the construction schedule will be modified to initiate construction after August 1, within the specified exclusion zone, when young have fledged. If bats are found, a suitable construction exclusion zone shall be established based on the number and species of bats observed. Alternative habitat will need to be provided if bats are to be excluded from maternity roosts. If this is the case, a roost with comparable spatial and thermal characteristics will be constructed and provided. CDFG shall be consulted regarding specific designs. This mitigation measure is subject to the review and approval of the Planning Division. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. 21. Prior to construction, a qualified arborist shall complete an inventory and assessment of any trees proposed for removal and/or trees that may be impacted by disturbance. Included in this survey will be recommendations for the following: a. Avoidance of tree removal whenever possible; b. Transplanting of trees if possible; and c. Recommendations for replacement planting areas, replacement ratio, and monitoring after replanting. Project developers shall implement the recommendations in the arborist report. To compensate for the loss of protected trees, any protected tree(s) that are removed shall be replaced. The typical ratio of replacement is 3:1; however the arbori st may make recommendations regarding the ratio based on the results of the tree assessment and planting plan and depending on size and health of the trees. Replacement locations should focus on areas within the specific plan boundary. This mitigation measure is subject to the review and approval of the Planning Division. JH\04706089 6v1 RESOLUTION NO. 2018 -29 JH104706089 22. In order to protect oak trees on the project site from inadvertent damage by construction equipment during grading and construction activities, native trees that are to be retained and are located within or adjacent to the construction zone shall be identified in grading plans, and the following protective methods employed during construction. a. For trees under 12 inches in diameter, wrap trunks with protective materials; b. For trees 12 inches in diameter or greater, install protective fencing 0.5- to 0.75 -feet from the trunk per inch trunk diameter; work within the protected area shall be overseen by a qualified arborist of biologist; C. Bridge or tunnel under roots greater than four inches in diameter where exposed. Smaller roots shall be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root - pruning equipment. Any roots damaged during grading or excavation shall be exposed to sound tissue and cut cleanly; and d. Avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials under dripline of trees. 23. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that the language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division. If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 24. Prior to development of any property within the specific plan area, a Phase 1 Environmental Site Assessment shall be prepared in accordance with ASTM Standard(s) to identify whether past or existing uses of the project property may have adversely affected soil or groundwater, or would otherwise pose a health hazard during site 4812-7 06v1 JH104706089 RESOLUTION NO. 2018 -29 06089 development or habitation. If the Phase I assessment finds that past uses may have contaminated the site, a Phase 2 Site Assessment shall be prepared. If contamination is present, clean up and disposal of such contamination shall be in compliance with federal, state and local regulations governing the cleanup and disposal of hazardous waste. Results of the Phase 1 and, if needed, the Phase 2 assessment and cleanup shall be presented to and approved by the City of Gilroy Engineering Division prior to issuance of a Building Permit. 25. The project proponent shall participate in the city's traffic impact fee program in order to mitigate its incremental impacts on the circulation system. Fees shall be paid prior to approval of issuance of building permits. 26. All other mitigation measures contained in the Hecker Pass Specific Plan Environmental Impact Report, as previously amended, shall apply as appropriate. 27. Prior to issuance of grading or building permits or improvement plans, whichever occurs first, Developer shall work with Planning staff to accommodate additional parking for the neighborhood park located along Meadow Wood Court, if feasible. The Planning Commission identified the topography of the neighborhood as a potential deterrent to walkability, thus prompting the need for parking spaces that would not otherwise be required for this type of facility. 28. Prior to the 37h final building permit signoff, Developer shall have all park improvements completed for the neighborhood park, located along Meadow Wood Court. PUBLIC WORKS DEPARTMENT CONDITIONS 29. GENERAL — Proposed Development shall comply with all terms and conditions specified in the Development Agreement between City of Gilroy and Hecker Pass Development Area. 30. GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, 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. 31. GENERAL - 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. 32. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. A copy of these permits will be provided prior to building permits. 4812-710442060 JH104706089 RESOLUTION NO. 2018 -29 06089 33. All existing public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy. 34. GENERAL — Prior to building permit issuance, developer shall dedicate necessary easements for the project development, including but not limited to 16 -foot Public Service easement along all the project frontages within existing and future public streets. The private streets shall be designated as a Public Utility Easement (PUE), Water Line Easement (WLE), and Emergency Vehicle Access Easement (EVAE). 35. FEE - 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 7/1/2018. 36. FEE - At improvement plan submittal, Developer shall submit a $25,000 (Twenty Five Thousand) initial fee for plan check and processing. 37. Prior to plan approval, developer shall submit a detailed project cost estimate, subject to City Engineer approval. 38. FEE - Prior to First Building Permit issuance developer shall pay for all following City's development impact fees, Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees.. Note that there will be a fee increase beginning 7/1/2018. 39. GRADING & DRAINAGE - Prior to final map approval, the developer shall submit a grading plan and a drainage study prepared by a registered Civil Engineer. The drainage study shall analyze the existing and ultimate conditions and facilities, and the study shall include all off - site tributary areas. The study and the design shall be in compliance with the City's Stormwater Management Guidance Manual (latest edition). Existing offsite drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by the development. The developer shall satisfy the conclusions and recommendations of the approved drainage study and storm water management plan. 40. GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge Elimination System (NPDES) requirements. 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 4812- 7104 -42060 RESOLUTION NO. 2018 -29 JH104706089 other techniques in accordance with Municipal Code § 27C to minimize erosion. The developer shall have a QSP on site as necessary to ensure implementation and maintenance of all erosion control measures. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on -site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to the commencement or work. 41. GRADING & DRAINAGE - 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. 42. GRADING & DRAINAGE - Prior to building permit issuance, 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. 43. TRANSPORTATION - 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 approved prior to the commencement of any work within the public right of way. 44. TRANSPORTATION - The Project shall comply with all the traffic mitigation measures identified in the project's Traffic Study. 45. At first plan submittal, developer shall provide a circulation plan to the City Engineer's satisfaction, for emergency vehicles and solid waste collection vehicles with turning templates and showing truck turning movements. JH\04706089 6v1 RESOLUTION NO. 2018 -29 JH104706089 46. TRANSPORTATION - Developer shall submit final photometric plans prior to first building permit issuance. 47. TRANSPORTATION - Developer shall install all joint trench to have (4) dedicated I ""' SCH 80 PVC conduit for City Fiber Optic need in a quad duct arrangement along public Collector and Arterial streets. Quad duct shall be per City STD EL -11. 48. TRANSPORTATION - 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. 49. TRANSPORTATION - Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. 50. TRANSPORTATION - Developer shall design driveway grades to keep a standard design vehicle 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. 51. FINAL MAP — Prior to the final map recordation, developer shall obtain easements from the adjacent Country Estates project and Golf Course, for the construction of the proposed water lines. 52. FINAL MAP - The Final Tract Map shall be presented to the City Council for review and action. The City Council meeting will be scheduled approximately fifty (50) days after the Final Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Executed Final Map shall be returned to the City Public Works Department if Final Map has not been filed in the County Recorder's Office within ninety (90) days from the date of City Council's approval. 53. PUBLIC IMPROVEMENTS — Prior to building permit issuance, developer shall execute a public improvement agreement and post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement. 54. 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. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. JH\04706089 06u1 RESOLUTION NO. 2018 -29 JH104706089 55. PUBLIC IMPROVEMENTS — The developer shall obtain all local and state permits necessary for all project onsite and offsite construction. 56. PUBLIC IMPROVEMENTS — The developer shall slurry all new public streets prior to project acceptance. A slurry may not be necessary with approval of the City Engineer, if after a final inspection the condition of the street is free of any surface defects. 57. PUBLIC IMPROVEMENTS - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City. 58. WATER QUALITY — Proposed development shall comply with state mandated regional permits for both pre - construction and post - construction storm water quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following: a. At grading permit phase, submit a final design Stormwater Management Plan and final signed Performance Requirement Certifications specified in the City of Gilroy Stormwater Management Guidance Manual (latest edition). 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. Prior to building permit issuance, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. i. 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 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 storm water 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 storm water 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 storm water management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the 481&706v1 JH10470608906089 RESOLUTION NO. 2018 -29 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 storm water management facilities inspected for condition and function by a knowledgeable third parry. ii. Unless otherwise required by the City Engineer or designee, storm water facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of storm water facilities inspected; 5. Condition of each storm water 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. f. Before commencing any grading or construction activities, the developer shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. 59. WATER QUALITY - The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order. 60. UTILITIES - All service to the development shall be an "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT &T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted prior to installation. 61. UTILITIES - Improvement plans are required for all on -site and off -site improvements. The following items will need to be completed prior to first building permit submittal: a. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as 4812- 7104 -42060 RESOLUTION NO. 2018 -29 JH104706089 a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG &E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). b. The Developer shall negotiate right -of -way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. c. Will Serve Letter" from each utility company for the subdivision shall be supplied to the City. 62. UTILITIES - 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. The Joint consultant shall provide the City a separate "project utility composite plan" showing all Civil, Landscape, electrical, and joint trench information to confirm that there are no conflicts with joint trench plan utilities. 63. UTILITIES - Storm and sewer lines in private areas shall be privately owned and maintained by the HOA, unless approved by the Public Works Director. 64. 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- 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. 65. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 66. UTILTIES - The Developer /Contractor shall make accessible any or all City utilities as directed by the Public Works Director. 67. UTILTIES - 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. 68. 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. JHN706089 6v1 RESOLUTION NO. 2018 -29 JH104706089 69. WATER - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 70. WATER CONSERVATION - 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. 71. WATER - 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. 72. 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. 73. CONSTRUCTION BMP - 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. 74. CONSTRUCTION BMP - 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. 75. CONSTRUCTION - 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. JH\04706089 6v1 RESOLUTION NO. 2018 -29 JH104706089 76. CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The Developer /Applicant shall require the soils engineer to daily submit all testing and sampling and reports to the City Engineer. 77. CONSTRUCTION — Prior to Final Map approval, the Developer /Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Project, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weekly. 78. CONSTRUCTION - At least one week prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site 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. 79. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer. 80. CONSTRUCTION - All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 81. CONSTRUCTION - All public improvements, including the complete installation of all improvements relative to streets, fencing, sanitary sewer, storm drainage, water system, underground utilities, etc., shall be completed and attested to by the City Engineer before approval of occupancy of any unit. Where facilities of other agencies are involved, such installation shall be verified as having been completed and accepted by those agencies. 82. CONSTRUCTION - 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 may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. M04706089 6v1 RESOLUTION NO. 2018 -29 JH104706089 83. CONSTRUCTION - 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. 84. CONSTRUCTION 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). 85. MONUMENTS — All monuments shall be set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer prior to project acceptance. 86. ACCEPTANCE - Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. 87. ACCEPTANCE - 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. 88. ACCEPTANCE - The developer shall submit an AutoCAD drawing file of all as -built consultants composite basemap linework showing all public improvements and utility layouts. FIRE MARSHAL CONDITIONS 89. A Fire -Site improvement Inspection Card shall be obtained at Grading Permit. The Fire Site improvement Inspection card will be used for Fire Inspection of Fire Access Compliance, Fire Water Supply Compliance and Fire Marshal Acceptance of the Improvement Plans. 90. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 feet and within 150 feet of any building. Off -site improvement plan shall provide fire hydrants per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials. 91. Homes in the Wildland -Urban Interface (WUI) shall be provided with 2 inch water laterals and 2" meters unless a water service plan is filed prior to improvement plan submittal that shows that a NFPA 13D fire sprinkler system can be provided, to the size and configuration, of the maximum sized home and most remote home in the development using the standard 1.5 inch lateral and 1 inch meter used in non - WUI areas. The water service plan will be reviewed and confirmed by the City's water engineering firm and at the expense of the developer. JH\04706089 06v1 RESOLUTION NO. 2018 -29 JH104706089 92. Homes in the WUI shall be provided with a 100 ft fuels reduction zone from the nearest portion of the home, including patio covers. The fuels reduction zone can include areas on the home's parcel, streets, and open space areas maintained by the HOA. Fuels reduction zones cannot be on property not controlled by the HOA unless there is an access easement on adjacent lands and recorded on the deed of the adjacent land. Fuels reduction shall be maintained from May to November of each year. Fuels reduction zones include that grasses shall not exceed 8 inches in height, all scrub brush and dead trees removed and trees limbed up 6 ft off the ground unless the branches are major branches. Exception: The fuels reduction zone can be decreased in width upon approval by the Fire Marshal of a plan provided by a Wildland Vegetation Management Specialist and prepared at the cost of the Developer. The fuel reduction zone shall not be less than 30 ft. The improvement plans shall include the fuels reduction zone and management plan. 93. Fire Access Roadways shall be in conformance with Chapter 5 of the Gilroy Fire Code. A Fire Access Roadways shall provide fire apparatus access within 150 ft of the most remote part of a building. The Fire Marshal shall be called to inspect Fire Access Roadways prior to combustible construction. Where permanent roadways are not completed, a temporary roadway, approved by the Fire Chief may be allowed during construction. Tentative Maps shall provide the turning movements of the largest Gilroy Fire Department Apparatus when roadways are less than 36 ft in width. Obtain the apparatus dimensions from the Fire Marshal's office. 94. The existing driveway from Hecker Pass Highway to Gilroy Municipal Golf Course shall be maintained as an Emergency Vehicle Access (EVA) road for the development. It shall be secured by an approved method such as gates or bollards that prevents tampering. The gate or bollards shall be exercised at least annually and a report submitted to the Fire Department that it is functional. Secondary Access that only serves as an EVA shall meet the City standards as a street except curb and gutter are not required. The City Engineering Division shall review and approve the details construction and driveways for EVA. WUI EVA's shall not be turf block or DG. Please show secondary access details on future plans. 95. No gates have been proposed for this project. If future plans indicate the installation of gates, then please meet the following conditions: Gated Developments shall be provided with electronic opener equipped with a click to open, electronic opening system, compatible with the Fire/Police radios as well as KNOX key over ride for both Fire and Police access. Gates shall open the full width of the roadway. 96. Roadways shall not exceed 15 % grade, shall provide a minimum 20 feet of unobstructed travel and provide vertical clearance of not less than 13.5 ft. Turning radius shall not be less than a 40' outside radius. Fire Apparatus shall not be required to cross to the opposite side of a street as part of a turn and sharp turns may require a "bulb out ". Dead end streets in excess of 150 ft shall be provided with a cul -de -sac of 78'diameter. Exception: An alternative turn around configuration can be submitted using auto -turn to showing that the largest City of Gilroy Apparatus can make the turn in 3 or fewer movements. Cul de sacs or turn- arounds shall be red curbed and provided with No Parking Fire Lane signage. The inside and outside JH\04706089 6v1 RESOLUTION NO. 2018 -29 JH104706089 radius of roadway turns and curves shall be red curbed to allow for Fire Apparatus movement through the turn. This includes red curbing at intersections when streets are less than 36 ft in width, or unless auto -turn can show the apparatus making the turn with parking present at/in the turn. Road widths shall be signed and striped for no parking as follows:. i. Less than 28 ft., no parking on either side ii. Less than 36 ft,. no parking on one side. 97. Where parking is restricted, it shall be posted with signs for No Parking -Fire Lane and curbs shall be painted red. Signage and curb painting shall be maintained in good condition. The parking enforcement plan shall be reviewed and approved by Deputy Fire Marshal prior to the final inspection of the first unit built. 98. Street naming and addressing shall be done prior to TM approval. Street names shall be based on the current street naming policy. Addresses shall be assigned by the Engineering Division prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has begun. 99. 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 May to November of each year. The HOA shall be responsible for maintenance. Open spaces in the WUI are subject to the prohibited plants list approved by the Fire Marshal. Existing prohibited plants shall be eliminated prior to development. Landscape plans shall be reviewed by the Fire Marshal. JK4706089 06v1 RESOLUTION NO. 2018 -29 JH104706089 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2018 -29 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 6t' day of August, 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 8th day of August, 2018. a� Shawna Freels, NPVI City Clerk of the City of Gilroy (Seal)