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:
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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
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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.
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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
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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
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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);
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• 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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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)