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Resolution 2018-31RESOLUTION NO. 2018-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TENTATIVE MAP APPLICATION TM 17 -02, THE HEARTLAND TRIANGLE RESIDENTIAL PROJECT, TO CREATE 9 SINGLE - FAMILY RESIDENTIAL LOTS WITH 0.42 ACRES OF CITY - OWNED LANDSCAPED AREAS AND 0.34 ACRES TO BE USED FOR A PUBLIC STREET AT A PROPERTY LOCATED WITHIN THE HECKER PASS SPECIFIC PLAN, NORTHEAST OF THIRD STREET WEST OF THE HEARTLAND SUBDIVISION, AND SOUTH OF SYNGENTA FLOWERS, INC., FILED BY MERITAGE HOMES (PORTION OF APN 810 -20 -029) WHEREAS, Meritage Homes submitted an application requesting a tentative map to subdivide a 2.23 -acre site into 9 single family residential lots with 0.42 acres of city -owned landscaped areas, and 0.34 acres for a public street; and WHEREAS, the subject property is located within the Hecker Pass Specific Plan, northeast of Third Street, west of The Heartland subdivision, and south of Syngenta Flowers, Inc.; and WHEREAS, said tentative map was referred to various City departments, including the Technical Advisory Committee for recommendations; and WHEREAS, the Planning Commission of the City of Gilroy has considered TM 17 -02 in accordance with the Gilroy General Plan, the Hecker Pass Specific Plan, the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed project on May 17, 2018 and continued it to the duly noticed meeting on June 7, 2018, at which public hearing the Commission considered the proposed project, staff report, public comments and testimony, and all other documentation or other evidence received on the project; and WHEREAS, the City Council has considered TM 17 -02 in accordance with the Gilroy General Plan, the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, the City Council held a duly noticed public hearing on TM 17 -02 on August 6, 2018, at which public hearing the Council considered TM 17 -02, the staff report, public comments and testimony, and all other documentation or other evidence received on TM 17 -02; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: 1. As proposed, the tentative map is consistent with the intent of the goals and RESOLUTION NO. 2018-31 policies of the City's General Plan and Hecker Pass Specific Plan. The Planning Commission has approved a variance application (V 18 -01) and recommended City Council approval of an architectural and site review 2. application (A/S 17 -14); and with these approvals, the tentative map would be consistent with the General Plan land use designation and Zoning Ordinance districts. 3. The proposed development is consistent with the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 4. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. 5. There will be no significant environmental impacts as a result of this project due to the required mitigation measures to be applied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy approves TM 17 -02, subject to the following conditions: 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 1. Approval of Tentative Map TM 17 -02 (hereinafter "this permit ") is granted for approved plans stamped as "Received on November 3, 2017" ( "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) RESOLUTION NO. 2018-31 3. Developer agrees, as a condition of permit approval, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy ( "the City ") and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G -3) 4. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G -4) 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G- 5) 6. Prior to issuance of building permits, Developer shall correct all violations of the City Code, if any, existing on the project property for which the City has open cases. (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) 8. Prior to occupancy, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. (BL, G -8) 9. Developer shall complete the `Notice of Land Use Restrictions and Conditions" form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document to the Community Development Director or designee. (PL, G -9) 10. Developer acknowledges that because of water limitations placed on the City by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and/or compliance with mandated water conservation or allocation plans. (PL/PW, G -10) RESOLUTION NO. 2018-31 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. 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. (PL, G -12) 13. Approval of this permit is subject to approval of V 18 -01 and AS 17 -14. Should any of those application(s) be rescinded or not approved, this approval shall immediately become null and void. (PL, G -16) PLANNING DIVISION STANDARD CONDITIONS 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) RESOLUTION NO. 2018-31 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 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 associated with the proposed development. (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." RESOLUTION NO. 2018-31 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; 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 find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer's expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible 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 RESOLUTION NO. 2018-31 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." 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 RESOLUTION NO. 2018-31 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 zone district setbacks, or as otherwise allowed by the Gilroy City Code. The design of such addition or patio cover shall match the materials and style of the residence. (PL, PL -20) 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 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- 22) 36. 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 -23) 37. 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 -24) PLANNING DIVISION LANDSCAPING CONDITIONS 38. 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 -25) 39. 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 -26) RESOLUTION NO. 2018-31 40. 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 -27) 41. 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 -28) 42. 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 -29) 43. 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 -30) 44. 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 -31) 45. 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 -32) 46. 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 -33) PLANNING DIVISION SPECIAL CONDITIONS (SPECIFIC PLAN POLICIES) 47. All properties that include agricultural uses shall include an Integrated Agricultural Management Plan in the Conditions, Covenants and Restrictions for the property (PL, PL- 34) (HPSP Policy 5 -10). PLANNING DIVISION ENVIRONMENTAL CONDITIONS 48. 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 RESOLUTION NO. 2018-31 soil or groundwater, or would otherwise pose a health hazard during site 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. (PL/PW, PL -35) (HPSP EIR MM #9) 49. Storm water detention shall be designed to prevent an increase in the 2 -year, 10 -year and 100 -year peak discharge for the project area. (PL /PW, PL -36) (HPSP EIR MM #22) 50. Prior to issuance of the 75th building permit within the Specific Plan area, applicants for projects within the specific plan area shall be responsible for improving Hecker Pass Highway immediately west of Santa Teresa Boulevard to include a second westbound travel lane. The second westbound travel lane on Hecker Pass Highway, and the appropriate lane -drop taper consistent with Caltrans' Standards, should extend as far as possible beyond (west of) Santa Teresa Boulevard as can be accommodated within the existing public right -of -way, with the design subject to approval by the City Engineer in his/her reasonable discretion. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the widening project. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. Traffic signal modifications should be made to the intersection of Santa Teresa Boulevard and First Street/Hecker Pass Highway to add vehicle detection for the second eastbound through lane. However, implementation of this measure may not be feasible without either a) removal of deodar cedar trees within the Caltrans right -of -way along the southern side of the highway, which is an historic resource listed on both the national and state registers, or b) significantly cut into the hillside on the northern side of the highway, which would require construction of a retaining wall. The City of Gilroy is currently processing a request from the specific plan property owners to amend the Hecker Pass Specific Plan, which includes among other changes, elimination of this mitigation measure. If the proposed project is approved, building permits for the residential units could not be issued until the mitigation measure is implemented, or the specific plan amendment request that includes elimination and/or modification of the measure, is approved. (PL /TR, PL -37) (HPSP EIR MM #18) 51. Prior to issuance of the 75th building permit within the Specific Plan area, applicants for projects within the specific plan area shall be responsible for shoulder improvements to Hecker Pass Highway, per Caltrans' standards, between Santa Teresa Boulevard and the easterly limits of the planned Caltrans Uvas Creek Bridge Improvement project. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the shoulder improvements. Removal of deodar cedar trees along the highway must be avoided RESOLUTION NO. 2018-31 wherever possible and improvements must be consistent with State scenic highway guidelines. However, implementation of this measure may not be feasible without either a) removal of deodar cedar trees within the Caltrans right -of -way along the southern side of the highway, which is an historic resource listed on both the national and state registers, or b) significantly cut into the hillside on the northern side of the highway, which would require construction of a retaining wall. The City of Gilroy is currently processing a request from the specific plan property owners to amend the Hecker Pass Specific Plan, which includes among other changes, elimination of this mitigation measure. If the proposed project is approved, building permits for the residential units could not be issued until the mitigation measure is implemented, or the specific plan amendment request that includes elimination and/or modification of the measure, is approved. (PL /TR, PL -38) (HPSP EIR MM #19) PUBLIC WORKS/ENGINEERING CONDITIONS 52. GENERAL a. Proposed Development shall comply with all terms and conditions specified in the Development Agreement between City of Gilroy and Hecker Pass Development Area. (PW, PW -1) b. 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. (PW, PW -2) c. 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. (PW, PW -3) d. 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. (PW, PW -4) e. 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. (PW, PW -5) 53. FEE a. 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. (PW, PW -6) RESOLUTION NO. 2018-31 b. At improvement plan submittal, Developer shall submit a $25,000 (Twenty Five Thousand) initial fee for plan check and processing. (PW, PW -7) c. Prior to plan approval, developer shall submit a detailed project cost estimate, subject to City Engineer approval. (PW, PW -8) d. Prior to public improvement 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. (PW, PW -9) 54. CFD - The properties within the proposed subdivision are within the Community Facility District (CFD) 2012 -1. The Developer shall make any necessary changes to the existing CFD 2012 -1 as a result of Final Map subdivision. The developer shall comply with all rules, regulations, policies and practices established by the State Law and/or by the City with respect to the CFD including, without limitation, requirements for notice and disclosure to future owners and/or residents. (PW, PW -10) 55. GRADING & DRAINAGE a. 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. (PW, PW -11) b. 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. (PW, PW -12) c. 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 RESOLUTION NO. 2018-31 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. (PW, PW -13) d. 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. (PW, PW -14) 56. TRANSPORTATION a. 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. (PW, PW -15) b. The Project shall comply with all the traffic mitigation measures identified in the project's Traffic Study. (PW, PW -16) c. 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. (PW, PW- 17) d. Developer shall submit final photometric plans prior to first building permit issuance. (PW, PW -18) e. Developer shall install all joint trench to have (4) dedicated 11/2" 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. (PW, PW- 19) £ 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. (PW, PW -20) 57. FINAL MAP a. 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 RESOLUTION NO. 2018-31 Final Map has not been filed in the County Recorder's Office within ninety (90) days from the date of City Council's approval. (PW, PW -21) b. The tentative map and all final maps shall designate all common lots and easements as lettered lots or lettered easements. The Final map should be clear on the limits of Public vs. Private responsibilities. (PW, PW -22) 58. PUBLIC IMPROVEMENTS a. Prior to building permit issuance, the developer shall obtain design approval and bond for all necessary public improvements, including but not limited to the following (PW, PW -23): i. Construction of Water Main within the public cul -de -sac. ii. Removal and installation of sidewalk along 3rd Street frontage. iii. Installation of new Storm Drain treatment facilities along 3rd Street frontage. iv. Extension of the exiting utilities and installation of new utilities, including but not limited to, water, sewer and storm drain main lines, services and related facilities. v. Landscaping and trees along all public street frontages, including the proposed roundabouts and median islands. vi. All improvements must be built to the city Engineer's satisfaction, and accepted by the City prior to issuance of any first certificate of occupancy for the project. b. 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. (PW, PW -24) c. 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. (PW, PW- 25) d. The developer shall obtain all local and state permits necessary for all project onsite and offsite construction. (PW, PW -26) e. Prior to project acceptance, the developer shall slurry along 3rd Street project frontage due to new trench crossings made. (PW, PW -27) f. Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City. (PW, PW -28) 59. WATER QUALITY a. 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 (PW, PW -29): i. At grading permit phase, submit a final design Stormwater Management Plan and final signed Performance Requirement Certifications specified in RESOLUTION NO. 2018-31 the City of Gilroy Stormwater Management Guidance Manual (latest edition). ii. 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. iii. 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. iv. 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. v. 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. vi. 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. vii. 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. viii. Any repairs or restoration/replacement and maintenance shall be in accordance with City- approved plans. ix. 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. x. Stormwater BMP Inspections will be required for this project and shall adhere to the following: xi. The property owner(s) shall be responsible for having all storm water management facilities inspected for condition and function by a knowledgeable third parry. xii. 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; RESOLUTION NO. 2018-31 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. xiii. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1 st for the Fall report, and no later than March 15th of the following year for the Winter report. xiv. 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. b. 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. (PW, PW -30) 60. UTILITIES a. 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. (PW, PW -31) b. 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 (PW, PW -32): i. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG &E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). ii. The Developer shall negotiate right -of -way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. iii. Will Serve Letter" from each utility company for the subdivision shall be supplied to the City. 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 RESOLUTION NO. 2018-31 information to confirm that there are no conflicts with joint trench plan utilities. (PW, PW -33) d. Storm and sewer lines within the proposed subdivision are publicly owned and maintained by the City of Gilroy. (PW, PW -34) e. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City (PW, PW -35): 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. f. Sanitary sewer laterals and /or water meters located in driveways shall have traffic rated boxes and lids. (PW, PW -36) g. The Developer /Contractor shall make accessible any or all City utilities as directed by the Public Works Director. (PW, PW -37) h. 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. (PW, PW -38) 61. 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. (PW, PW -39) 62. WATER - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. (PW, PW -40) 63. 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. (PW, PW -41) 64. WATER - Where recycled water is not available, as determined by the Public Works Director, potable water shall be used for construction water. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. (PW, PW -42) 65. 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. (PW, PW -43) 66. CONSTRUCTION BMP a. It is the responsibility of the contractor to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City's storm drains. (PW, PW -44) b. 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 RESOLUTION NO. 2018-31 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. (PW, PW -45) 67. CONSTRUCTION a. If the project has excess fill or cut that will be off - hauled to a site or on- hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. (PW, PW -46) b. 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. (PW, PW -47) c. 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. (PW, PW -48) d. 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. (PW, PW -49) e. 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. (PW, PW -50) RESOLUTION NO. 2018-31 i All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. (PW, PW- 51) g. 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. (PW, PW -52) h. 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. (PW, PW -53) i. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24 -hour emergency telephone number list. (PW, PW -54) 68. 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). (PW, PW -55) 69. 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. (PW, PW -56) 70. ACCEPTANCE a. 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. (PW, PW -57) b. Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. (PW, PW -58) c. The developer shall submit an AutoCAD drawing file of all Asbuilt consultants composite basemap linework showing all public improvements and utility layouts. (PW, PW -59) FIRE MARSHAL CONDITIONS RESOLUTION NO. 2018-31 71. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft, and within 150 ft 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. (FP, FP -1) 72. Each home shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. At a minimum the off- site improvement plan shall provide 1.5 inch water laterals and 1" meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the purpose of Fire Sprinkler design. (FP, FP -2) 73. Cul De Sac shall be red curbed, the 39 ft radius does not provide for parking. Show red curbing on improvement plans. Include signage as Fire Lane no parking in the cul de sac. (FP, FP -3) 74. Street naming shall be done prior to off -site improvement plan and building plan submittal. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has begun. (FP, FP -4) 75. Open Spaces, including storm water detention/retention basins, agricultural lots, landscaped and naturally vegetated areas shall have vegetation management to remove dead plants and debris, and to remove, disc or mow weeds during weed abatement season from April to November of each year. (FP, FP -5) PASSED AND ADOPTED this 6th day of August 2018 by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE- MUNOZ, TUCKER and VELASCO NOES: COUNCILMEMBERS: HARNEY, TOVAR ABSENT: COUNCILMEMBERS: NONE anawna rreeis, airy uiem Roland Velasco, Mayor RESOLUTION NO. 2018-31 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2018 -31 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 6th 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. Shawna Freels, MMC City Clerk of the City (Seal)