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Resolution 2018-30RESOLUTION NO. 2018-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ARCHITECTURAL AND SITE REVIEW APPLICATION AS 18 -03, A PLANNED UNIT DEVELOPMENT ARCHITECTURAL AND SITE REVIEW TO ALLOW CONSTRUCTION OF THE 72 UNIT HECKER PASS NORTH RESIDENTIAL CLUSTER PROJECT, FILED BY HECKER PASS NORTH LLC, CIO SKIP SPIERING (APN 783 -04 -023) WHEREAS, Hecker Pass North LLC submitted an application requesting an architectural and site review to approve the architectural and site 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, 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 architectural and site review application was referred to various city departments, including the Technical Advisory Committee, for recommendations; and WHEREAS, the Planning Commission of the City of Gilroy considered the Staff Report dated June 7, 2018 along with testimony received at the duly- noticed public hearing and other materials and recommended to the City Council approval of architectural and site review AS 18- 03; and WHEREAS, on July 2, 2018 the City Council of the City of Gilroy considered the staff report along with testimony received at the duly- noticed public hearing and other materials; and WHEREAS, the City Council finds the architectural and site review application conforms to the City's General Plan and Zoning Ordinance, and elements thereof, and WHEREAS, the City Council finds the architectural and site review application conforms to the adopted Hecker Pass Specific Plan and elements thereof; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby approves Architectural and Site Review AS 18 -03, subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED this 6th day of August 2018 by the following vote: 4817-2789-5918vl JK0470608 9 RESOLUTION NO. 2018 -30 JH104706 AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, LEROE- MUNOZ, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 4817-2 918v1 JH10470608 9 RESOLUTION NO. 2018 -30 0608 ATTACHMENT A Architectural and Site Review #AS 18 -03 Conditions of Approval Note: The following abbreviations identify the City department or division responsible for determining compliance with these conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. An internal condition reference number is located at the end of each condition (e.g. G -1 or MND -S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CC Chemical Control Agency PW Public Works/Engineering FP Fire Prevention TR Traffic Division PD Police Department WW Wastewater /Source Control GENERAL PROJECT CONDITIONS Approval of Architectural & Site Review AS 18 -03 (hereinafter "this permit ") is granted for approved plans stamped as "Received on June 7, 2018 ( "the plans ") on file with the Planning Division. Build -out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council. (PL, G- 1) 2. Developer means permit applicant, property owner, operator, permitee, lessee, and/or tenants using the space(s) for the intended use(s). Developer shall comply with project conditions for the life of the project. (CA, G -2) Developer agrees, as a condition of permit approval, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy ( "the City ") and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G -3) 4. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G -4) 4817 -2 918v1 JH10470608 9 RESOLUTION NO. 2018 -30 0608 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G- 5) 6. Prior to issuance of building permits, Developer shall correct all violations of the City Code, if any, existing on the project property for which the City has open cases. (PL /CE, G -6) 7. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant. (CA, G -7) Prior to occupancy, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. (BL, G -8) 9. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document to the Community Development Director or designee. (PL, G -9) 10. Developer acknowledges that because of water limitations placed on the City by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and /or compliance with mandated water conservation or allocation plans. (PL/PW, G -10) 11. Any covenants, conditions, and restrictions (CC &Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC &Rs and the City Code or this permit, the City Code or this permit shall prevail. (PL /CA, G- 11) 12. Developer shall obtain building permits for the plans within one (1) year from the date of this permit approval. If such buildings permits are not received within the time frame, this permit shall automatically become null and void. (PL, G -13) 13. Approval of architectural and site review application AS 18 -03 is subject to approval of Zoning application Z 18 -01 and Tentative Map TM 18 -01. Should any of these applications be rescinded or not approved, this approval shall immediately become null and void (PL, G- 16) PLANNING DIVISION STANDARD CONDITIONS 4817-2 918v1 JH10470608 9 RESOLUTION NO. 2018 -30 0608 14. Developer shall obtain necessary permits prior to initiating any new construction or modifications authorized under this approval, including but not limited to temporary construction trailers, temporary staging areas, model home sales offices, advertising signs of any kind, exterior and interior modifications. Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable. (PL /BL, PL -1) 15. Developer shall submit plans for building permit applications that include all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type (e.g. stucco with sand finish, plaster with smooth finish) to be used in construction. (PL, PL -2) 16. Developer shall submit plans for building permit applications that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision - maker. (PL, PL -3) 17. Prior to issuance of building permits, Developer shall provide to the Planning Division digital photos or copies of full -size colored elevations, color and material sample boards, perspective illustrations, and any other colored exhibit approved by the decision - maker. (PL, PL -4) 18. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. Such determination may require an adjustment or modification to this permit approval. (PL, PL -5) 19. Prior to issuance of grading permits, Developer shall submit a combined landscape and lighting plan to verify all project onsite lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL -6) 20. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is directed downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Developer shall recess or conceal any under -canopy lighting elements so they are not directly visible from any public area. Prior to issuance of building permits, Developer shall submit a lighting plan with details of the proposed fixtures and locations to the satisfaction of the Community Development Director or designee. (PL, PL- 7) 21. Developer agrees, as a permit of condition approval, that no sign advertising the development project or components thereof, including individual tenants or subdivisions, shall be installed or maintained onsite or offsite except as allowed and in conformance with an approved sign permit. (PL, PL -8) 22. Concurrent with or prior to an application for a grading permit, Developer shall apply for a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The grading permit will be N0470608 918v1 RESOLUTION NO. 2018 -30 JH104706089 issued only after payment of assessed fees and approval of the Habitat Plan permit. (PL, PL- 9) 23. Prior to issuance of a grading permit, Developer shall present to the Community Development Director or designee, a receipt issued by Santa Clara County for full payment of the Santa Clara Valley Habitat Plan fees for associated with the proposed development. Such receipt shall be dated within six (6) months of the grading permit issuance date, or the fee amount may be reassessed and difference collected at the time of grading permit issuance. (PL, PL -10) 24. To minimize potential construction- related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site (PL/BL, PL -11) "During earth - moving, grading, and construction activities, Developer shall implement the following measures at the construction site: (A) Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City - observed holidays; (B) Locate stationary noise - generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; (C) Construct sound walls or other noise reduction measures prior to developing the project site; (D) Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; (E) Prohibit all unnecessary idling of internal combustion engines; (F) Utilize "quiet" models of air compressors and other stationary noise sources where technology exists; and (G) Designate a "disturbance coordinator' who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem." 25. To minimize potential construction - related impacts to air quality, Developer shall include the following language on any grading, site work, and construction plans issued for the project site (PL /BL, PL -12): "During earth - moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site: (A) All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; (B) All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered; 481 5918v1 JH10 47060 89 RESOLUTION NO. 2018 -30 7060 (C) All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; (D) All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour; (E) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; (F) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; (G) All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified visible emissions evaluator; and (H) Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations." 26. In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site (BL/PL, PL -13): "If archaeological or cultural resources are discovered during earth - moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the fmd and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer's expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible parry." 27. In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans (BL/PL, PL -14): "If human remains are found during earth - moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or 4817 - 2789- 5918v1 RESOLUTION NO. 2018-30 JH104706089 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 i£ 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." 28. Developer shall install all roof and building rain gutters and downspouts, vents, and flashing to integrate as closely as possible with building design elements, including matching the color of the adjacent surface. (PL, PL -15) 29. Prior to issuance of building permits, Developer shall provide utility meters, mechanical equipment, mailboxes and address directories, placed in decorative cabinets and clustered for efficient access by residents and service persons. The final placement and design shall be to the satisfaction of the Community Development Director or designee. (PL, PL -16) 30. Prior to issuance of building permits, Developer shall provide screening of all mechanical equipment, post indicator valves, backflow prevention devices etc. All ground mounted utility appurtenances such as transformers shall not be visible from any public right -of -way and shall be adequately screened through the use or combination of concrete or masonry walls, berms, and landscaping. In addition to the above, backflow preventers shall be painted dark green, except the fire connection which shall be painted yellow. The final placement and design of these items shall be to the satisfaction of the Community Development Director or designee. (PL, PL -17) 31. Developer shall provide automatic garage door openers for all garages. All garage entries closer than 23 feet to the front property line shall be equipped with a sectional roll -up garage door. (PL, PL -18) 32. Prior to issuance of fine grading plans, Developer shall provide a minimum 9 -foot by 3 -foot level concrete pad for storage of three refuse containers in the side yard area or other location approved by the Community Development Director or designee that is out of view from the street. The storage location shall not be within the garage. Developer shall also provide for a paved path from the storage location to the pick -up area (typically the street) that does not require entering the garage. All gates or doors along the path shall be constructed with a minimum clear space of 36- inches to allow passage of the containers. (PL, PL -19) 33. Building additions and patio covers shall conform to the requirements of the Hecker Pass Specific Plan Residential Cluster RC zone district setbacks, or as otherwise approved by this permit or by Z 18 -01. The design of such addition or patio cover shall match the materials and style of the residence. (PL, PL -20) 4817- 2789- 5918v1 RESOLUTION NO. 2018-30 JHk04706089 34. Prior to the close of escrow for each dwelling unit, Developer shall provide the buyer with a written guarantee that the exterior finishes of the dwelling unit will remain in good condition for at least five (5) years from the final building permit inspection and sign -off. Developer shall provide a copy of the guarantee to the City prior to final Planning Division inspection and sign -off. (PL, PL -21) 35. Prior to issuance of building permits, Developer shall include identify the placement and design of directory sign(s) and location map(s) for multi - family residential projects. Such signs /maps shall be installed prior to occupancy of the first unit. (PL, PL -23) 36. Prior to issuance of a Temporary Use Permit for the sales office and/or model home, Developer shall provide details as to the posting and of pertinent information and maps that may affect the subject project and adjacent properties. At minimum, the land plan for the overall development that shows all surrounding land uses and how the project integrates with theses surrounding uses shall be displayed and maintained in a prominent location. Additional resources might include the current General Plan and corresponding Land Use Map, and any specific plan associated with the project area. Developer shall include such details to the satisfaction of the Community Development Director or designee. (PL, PL -24) 37. Prior to issuance of a Temporary Use Permit for the sales office and/or model home, Developer shall provide details of signage and written information to potential buyers that demonstrate the principles of water efficient landscapes described in the State MWELO. Developer shall provide such details to the satisfaction of the Community Development Director or designee. (PL, PL -25) 38. Light standards illuminating interior walkways shall be not more than eight (8) feet in height, and shall not intrude into the private living or patio areas. Light standards serving recreational areas held in common shall be no more than 15 feet in height, and shall be directed away from dwelling units. PL, PL -26) 39. Developer shall establish a Homeowners' Association (HOA) for the development. The HOA shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the CC &Rs for the development. (PL, PL -27) PLANNING LANDSCAPING CONDITIONS 40. Prior to issuance of building or grading permits, Developer shall have an arborist report prepared (by an ISA certified and licensed arborist) for the subject property. At minimum, such report must identify all existing trees, including significant trees, and clarify which trees will be saved, transplanted, or removed, and any recommendations of the arborist for such work. Any proposed removal of trees from the subject property shall be conducted in accordance with any tree removal permits to be issued separately. (PL, PL -40) JH\0470608 918v1 RESOLUTION NO. 2018 -30 JH104706089 41. Prior to issuance of building permits, Developer shall identify landscaping or other screening method to protect glare from headlights on the subject property extending offsite. At the time of planting, such screening shall be maintained at or below three (3) feet if located in a required street frontage or front yard. Details of required screening shall be to the satisfaction of the Community Development Director or designee. (PL, PL -41) 42. Prior to issuance of building permits, Developer shall (as part of the irrigation system) include sensors that suspend or alter irrigation operation during unfavorable weather conditions (e.g. automatic rain shut -off devices). (PL, PL -42) 43. Prior to issuance of building permits or initiation of the proposed use, whichever comes first, Developer shall submit a completed Landscape Documentation Package, including a soil analysis /management report along with appropriate application review fees, to the Community Development Department, including required documentation for compliance verification, and obtain approval of such plans. (PL, PL -43) 44. As part of the Landscape Plan submittal, Developer shall not include any invasive plant species, such as those listed by the California Invasive Plant Council. (PL, PL -44) 45. As part of the Landscape Plan submittal, Developer shall clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil surfaces, as required by the State MWELO. (PL, PL -45) 46. Prior to issuance of building permits or initiation of the proposed use, whichever comes first, Developer shall submit a signed Certificate of Completion, along with all necessary supporting documentation and payment to the Community Development Department, for compliance verification of the landscape installation. (PL, PL -47) 47. Prior to issuance of certificate of occupancy or building permit final sign -off, Developer shall complete installation of all landscaping and irrigation in accordance with the approved plans. (PL/ PL -48) 48. Developer is required under MWELO to provide a copy of the approved Certificate of Completion to the property owner or his or her designee. Prior to completion of each build - out phase of development, Developer shall provide the Community Development Director or designee a summary of each lot in that phase and timing of compliance with this requirement. (PL, PL -49) 49. For the life of the project, Developer shall maintain landscaping and irrigation in accordance with the approved plans, except as otherwise permitted or required by law. Significant changes to the number, placement, and selection of plant species may require a modification to this approval, to be determined by the Community Development Director or designee. (PL, PL -50) PLANNING DIVISION SPECIAL CONDITIONS 4817-2789-5918vl JH\0470608 9 RESOLUTION NO. 2018 -30 JH104706 50. Decorative treatments will be installed at crosswalks along Meadow Wood Court and Little Barn Avenue. 51. A traffic circle will be installed on Autumn Drive, generally in between Pasture Street and Haybale Street to provide ingress /egress to the Gilroy Municipal Golf Course. Developer shall secure the necessary right -of -way dedication from the Golf Course property, and the developer shall be responsible for mitigating any impacts to the operations of the golf course resulting from the encroachment of the traffic circle. The traffic circle configuration and specifications shall be to the satisfaction of the Public Works Director. 52. 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. 53. Prior to the 37th final building permit signoff, Developer shall have all park improvements completed for the neighborhood park, located along Meadow Wood Court. PUBLIC WORKS DEPARTMENT CONDITIONS 54. GENERAL — Proposed Development shall comply with all terms and conditions specified in the Development Agreement between City of Gilroy and Hecker Pass Development Area. 55. 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. 56. 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. 57. 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. 58. 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. 59. 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). 4817 - 2789- 5918v1 RESOLUTION NO. 2018-30 JH104706089 60. 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. 61. FEE - At improvement plan submittal, Developer shall submit a $25,000 (Twenty Five Thousand) initial fee for plan check and processing. 62. Prior to plan approval, developer shall submit a detailed project cost estimate, subject to City Engineer approval. 63. FEE - Prior to final plan approval, Developer shall pay 100% of the plan check and inspection fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. 64. 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. 65. 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 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. 66. 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 4817- 2789- 5918v1 RESOLUTION NO. 2018-30 JHk04706089 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. 67. 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. 68. 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. 69. TRANSPORTATION - The Project shall comply with all the traffic mitigation measures identified in the project's Traffic Study. 70. 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. 71. TRANSPORTATION - Developer shall submit final photometric plans prior to first building permit issuance. 72. TRANSPORTATION - Developer shall install all joint trench to have (4) dedicated 1112" 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. 73. 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. 74. TRANSPORTATION - Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. 75. 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. 76. 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. 77. 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 JH\0470608918v1 RESOLUTION NO. 2018 -30 JH104706089 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. 78. 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. 79. 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. 80. PUBLIC IMPROVEMENTS — The developer shall obtain all local and state permits necessary for all project onsite and offsite construction. 81. 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. 82. PUBLIC IMPROVEMENTS - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City. 83. 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 JH\0470608 918v1 RESOLUTION NO. 2018 -30 JH104706089 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 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: I. 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 Ist 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. 84. 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. 85. 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. JH\0470608 918v1 RESOLUTION NO. 2018 -30 JH104706089 86. 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 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. 87. 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. 88. UTILITIES - Storm and sewer lines in private areas shall be privately owned and maintained by the HOA, unless approved by the Public Works Director. 89. 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. 90. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 91. UTILTIES - The Developer /Contractor shall make accessible any or all City utilities as directed by the Public Works Director. 92. 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. 93. 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. 94. WATER - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. JH\0470608 918v1 RESOLUTION NO. 2018 -30 JH104706089 95. 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. 96. 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. 97. 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. 98. 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. 99. 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. 100. 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. 101. CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils engineer to daily submit all testing and sampling and reports to the City Engineer. 102. 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. 4817-2 918v1 JH10470608 9 RESOLUTION NO. 2018 -30 0608 103. 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. 104. 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. 105. CONSTRUCTION - All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 106. 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. 107. 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. 108. 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. 109. 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). 110. 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. 111. 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. 112. 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 JH\0470608918v1 RESOLUTION NO. 2018 -30 JH104706089 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. 113. 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 114. Single Family Homes with a fenced yard shall have agate that opens to a public way (or to an open yard that leads to a public way). 115. All residential structures shall be provided with residential fire sprinklers including detached garages. City standards include a) A 1 inch meter and 1.5 inch laterals shall be provided to each SFR. b) System to comply with NFPA 13D (2013) subject to inspection by the City. c) Riser shall be installed in the garage unless alternate approved by the Fire Marshal d) If the water supply to the home is not at the garage, water supply from point of entry to the riser shall be approved fire sprinkler line. e) All enclosed garages shall be provided with sprinkler protection. f) At least 1 sprinkler of each type shall be present in the spare head box at final. g) An exterior bell/horn shall be installed on the bedroom side of the home. A horn device shall be provided for the interior living space . h) Each attic access shall be protected by a pilot head. The pilot head piping (CPVC) shall be provided with adequate insulation or be done with a copper riser. i) Sprinkler coverage shall be provided underneath stairwells when used as storage, closets or bathrooms (even if less than 55 sq ft). Concealed spaces used for storage in attics or crawl spaces that exceed 55 sq ft in area and 6 ft in height, shall be provided with sprinkler coverage. 116. An address shall be provided at building permit submittal. Building / House numbers shall be clearly visible from the street. Addressing shall be from the street that the front door faces and shall be visible from that street. All main address numbers shall be illuminated a minimum of 2.5 inches in height with a 3/8 inch stroke and placed to read from left to right and/or top to bottom, and located at least 60 inches high from the ground. 117. Chimneys shall have spark arrestors installed. No permanent outdoor, wood -fired fireplaces /pits are allowed. Trees and tree branches shall not be within 10 feet of a chimney. Council Condition JH\047060891av1 RESOLUTION NO. 2018 -30 JH104706089 118. The homeowners shall receive in their disclosures that at the time of approval of this AS18- 03 the schools serving their development are Las Animas, Solorsano and Gilroy High School and that the school district will not be proving bussing service. M0470608 918v1 RESOLUTION NO. 2018 -30 JH104706089 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2018 -30 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 6`h 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 8,th,-day of August, 2018. iawna Freels, MMC `-- City Clerk of the City of Gilroy (Seal)