Resolution 2018-32RESOLUTION NO. 2018-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING ARCHITECTURAL AND SITE REVIEW A/S 17 -14 TO
ALLOW CONSTRUCTION OF THE 9 -UNIT, HEARTLAND TRIANGLE
RESIDENTIAL PROJECT LOCATED WITHIN THE HECKER PASS
SPECIFIC PLAN NORTHEAST OF THIRD STREET, WEST OF THE
HEARTLAND SUBDIVISION, AND SOUTH OF SYNGENTA FLOWERS,
INC. ON A PORTION OF ASSESSOR'S PARCEL NUMBER 810 -20 -020,
FILED BY MERITAGE HOMES
WHEREAS, Meritage Homes, submitted an application (AS 17 -14) requesting an
Architectural and Site Review to approve the architectural and site design of the Heartland Triangle
residential project; and
WHEREAS, the subject property is located within the Hecker Pass Specific Plan area,
northeast of Third Street, west of The Heartland subdivision, and south of Syngenta Flowers, Inc. ;
and
WHEREAS, application AS 17 -14 proposes a 9 -unit residential development for the area
approved under tentative map application TM 17 -02 (9 lots); and
WHEREAS, said Architectural and Site Review application was referred to various city
departments, including the Technical Advisory Committee, for recommendations; and
WHEREAS, the project is consistent with applicable general plan, specific plan, and zoning
designations; has no value as habitat for endangered, rare or threatened species; would not result in
any significant effects relating to traffic, noise, air quality, or water quality; and can be adequately
served by all required utilities and public services; and
WHEREAS, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared for
the Heartland Triangle project in compliance with the certified environmental impact report (EIR) for
the Hecker Pass Specific Plan; and
WHEREAS, on May 17, 2018 and June 7, 2018, the Planning Commission of the City of
Gilroy considered the MMRP and staff report, along with testimony received at the duly- noticed
public hearing and other materials, and recommended City Council adoption of the MMRP and
approval of architectural and site application AS 17 -14; and
WHEREAS, on August 6, 2018, the City Council of the City of Gilroy considered the MMRP
and staff report, along with testimony received at the duly- noticed public hearing and other materials;
and
RESOLUTION NO. 2018-32
WHEREAS, the City Council finds the Heartland Triangle MMRP conforms to the Hecker
Pass Specific Plan EIR and elements thereof, and
WHEREAS, the City Council finds that AS 17 -14 conforms to the City's General Plan, Gilroy
Zoning Ordinance, and the Hecker Pass Specific Plan and elements thereof, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby adopts
the Heartland Gardens MMRP attached hereto as Exhibit A and approves Architectural and Site
application AS 17 -14, subject to the conditions attached hereto as Exhibit B.
PASSED AND ADOPTED this 6t' day of August 2018 by the following vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE- MUNOZ, TUCKER
and VELASCO
NOES: COUNCILMEMBERS: HARNEY, TOVAR
ABSENT: COUNCILMEMBERS: NONE
RESOLUTION NO. 2018-32
ATTACHMENT A
Heartland Triangle Architectural and Site Review
#AS 17 -14 ( #17030074)
Mitigation Monitoring Program
Note: This mitigation monitoring program shall supersede any other mitigation monitoring
program adopted for the project or project site.
Introduction
CEQA Guidelines section 15097 requires public agencies to adopt reporting or
monitoring programs when they approve projects subject to an environmental impact
report or a negative declaration that includes mitigation measures to avoid significant
adverse environmental effects. The reporting or monitoring program is to be designed to
ensure compliance with conditions of project approval during project implementation in
order to avoid significant adverse environmental effects.
The law was passed in response to historic non - implementation of mitigation measures
presented in environmental documents and subsequently adopted as conditions of
project approval. In addition, monitoring ensures that mitigation measures are
implemented and thereby provides a mechanism to evaluate the effectiveness of the
mitigation measures.
A definitive set of project conditions would include enough detailed information and
enforcement procedures to ensure the measure's compliance. This monitoring program
is designed to provide a mechanism to ensure that mitigation measures and subsequent
conditions of project approval are implemented.
Monitoring Program
The basis for this monitoring program is the mitigation measures included in the Hecker
Pass Specific Plan EIR. These mitigation measures are designed to eliminate or reduce
significant adverse environmental effects to less than significant levels. These mitigation
measures become conditions of project approval, which the applicant is required to
complete.
These mitigation measures have been modified to be consistent with the Santa Clara
Valley Habitat Plan, which was adopted after adoption of the mitigation monitoring
program for the Hecker Pass Specific Plan.
The attached checklist is for monitoring the implementation of the mitigation measures.
This monitoring checklist contains all appropriate mitigation measures in the EIR, as
modified.
Monitoring Program Procedures
RESOLUTION NO. 2018-32
The City of Gilroy shall use the attached monitoring checklist for the Heartland Triangle
subdivision. The monitoring program should be implemented as follows:
The Gilroy Community Development Department is responsible for coordination
of the monitoring program, including the monitoring checklist. The Community
Development Department should be responsible for completing the monitoring
checklist and distributing the checklist to the responsible individuals or agencies
for their use in monitoring the mitigation measures;
2. Each responsible individual or agency will then be responsible for determining
whether the mitigation measures contained in the monitoring checklist have been
complied with. Once all mitigation measures have been complied with, the
responsible individual or agency should submit a copy of the monitoring checklist
to the Community Development Department to be placed in the project file. If the
mitigation measure has not been complied with, the monitoring checklist should
not be returned to the Community Development Department;
3. The Community Development Department will review the checklist to ensure that
appropriate mitigation measures and additional conditions of project approval
included in the monitoring checklist have been complied with at the appropriate
time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation
measures is required for project approvals; and
4. If a responsible individual or agency determines that a non - compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within 10 days, with a copy to the Community Development
Department, describing the non - compliance and requiring compliance within a
specified period of time. If non - compliance still exists at the expiration of the
specified period of time, construction may be halted and fines may be imposed at
the discretion of the City of Gilroy.
RESOLUTION NO. 2018-32
Heartland Triangle Mitigation Monitoring Checklist
Step 1 Prior to issuance of a grading permit, the following mitigation
measures shall be implemented:
Mitigation Measure #9
Prior to development of any property within the specific plan area, a Phase 1
Environmental Site Assessment shall be prepared in accordance with ASTM
Standard(s) to identify whether past or existing uses of the project property may
have adversely affected soil or groundwater, or would otherwise pose a health
hazard during site 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.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
Monitorinq Notes:
Mitigation Measure #22
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
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
Monitoring Notes:
Step 2 Prior to issuance of a building permit for the 75th dwelling unit within
the Hecker Pass Specific Plan area, the following mitigation measures
RESOLUTION NO. 2018-32
shall be implemented:
Mitigation Measure #18
Prior to issuance of the 75th building permit within the Specific Plan area, applicants for
projects within the specific plan area shall be responsible for improving Hecker Pass
Highway immediately west of Santa Teresa Boulevard to include a second westbound
travel lane. The second westbound travel lane on Hecker Pass Highway, and the
appropriate lane -drop taper consistent with Caltrans' Standards, should extend as far as
possible beyond (west of) Santa Teresa Boulevard as can be accommodated within the
existing public right -of -way, with the design subject to approval by the City Engineer in
his /her reasonable discretion. Applicants shall coordinate with the City of Gilroy
Engineering Division to design and implement the widening project. Removal of deodar
cedar trees along the highway must be avoided wherever possible and improvements
must be consistent with State scenic highway guidelines. Traffic signal modifications
should be made to the intersection of Santa Teresa Boulevard and First Street/Hecker
Pass Highway to add vehicle detection for the second eastbound through lane.
However, implementation of this measure may not be feasible without either a) removal
of deodar cedar trees within the Caltrans right -of -way along the southern side of the
highway, which is an historic resource listed on both the national and state registers, or
b) significantly cut into the hillside on the northern side of the highway, which would
require construction of a retaining wall.
The City of Gilroy is currently processing a request from the specific plan property
owners to amend the Hecker Pass Specific Plan, which includes among other changes,
elimination of this mitigation measure. If the proposed project is approved, building
permits for the residential units could not be issued until the mitigation measure is
implemented, or the specific plan amendment request that includes elimination and /or
modification of the measure, is approved.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure #19
Prior to issuance of the 75th building permit within the Specific Plan area, applicants for
projects within the specific plan area shall be responsible for shoulder improvements to
Hecker Pass Highway, per Caltrans' standards, between Santa Teresa Boulevard and
the easterly limits of the planned Caltrans Was Creek Bridge Improvement project.
Applicants shall coordinate with the City of Gilroy Engineering Division to design and
implement the shoulder improvements. Removal of deodar cedar trees along the
highway must be avoided wherever possible and improvements must be consistent with
State scenic highway guidelines.
RESOLUTION NO. 2018-32
However, implementation of this measure may not be feasible without either a) removal
of deodar cedar trees within the Caltrans right -of -way along the southern side of the
highway, which is an historic resource listed on both the national and state registers, or
b) significantly cut into the hillside on the northern side of the highway, which would
require construction of a retaining wall.
The City of Gilroy is currently processing a request from the specific plan property
owners to amend the Hecker Pass Specific Plan, which includes among other changes,
elimination of this mitigation measure. If the proposed project is approved, building
permits for the residential units could not be issued until the mitigation measure is
implemented, or the specific plan amendment request that includes elimination and /or
modification of the measure, is approved.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
Monitoring Notes:
(End of Exhibit A)
RESOLUTION NO. 2018-32
ATTACHMENT B
Heartland Triangle Architectural and Site Review
#AS 17 -14 ( #17030074)
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 and Site Review (AS 17 -14) (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)
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 waive to any challenge to the validity of the
conditions and obligations stated therein. (CA, G -4)
RESOLUTION NO. 2018-32
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 tract acceptance, Developer shall complete all required offsite and onsite
improvements related to the project, including structures, paving, and landscaping.
(BL, G -8)
9. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form,
using the form provided by the City, for recording with the Santa Clara County
Recorder. Before the City issues building permits, Developer shall submit the original
completed, signed and notarized document to the Community Development Director or
designee. (PL, G -9)
10. Developer acknowledges that because of water limitations placed on the City by its
water providers, approval of this permit does not guarantee that the City will issue
building permits. Issuance of building permits may be delayed and subject to
implementation and /or compliance with mandated water conservation or allocation
plans. (PUPW, G -10)
11. Any covenants, conditions, and restrictions (CC &Rs) applicable to the project property
shall be consistent with the terms of this permit and the City 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. (PUCA, G -11)
12. Developer shall obtain building permits for the plans within one (1) year from the date
of this permit approval. If such building permits are not received within the time frame,
this permit shall automatically become null and void unless an extension of time is
approved by the City. (PL, G -12)
PLANNING DIVISION STANDARD CONDITIONS
13. Developer shall obtain necessary permits prior to initiating any new construction or
modifications authorized under this approval, including but not limited to temporary
construction trailers, temporary staging areas, model home sales offices, advertising
signs of any kind, exterior and interior modifications. Developer shall pay all requisite
fees in effect at the time of plan submittal and /or issuance, as applicable. (PUBL,PL -1)
14. Developer shall submit plans for building permit applications that include all exterior
building materials and colors, including product and finish manufacturer name, color
RESOLUTION NO. 2018-32
name and number, and surface finish type (e.g. stucco with sand finish, plaster with
smooth finish) to be used in construction. (PL, PL -2)
15. Developer shall submit plans for building permit applications that include, on all sets, a
reproduction of all conditions of approval of this permit, as adopted by the decision -
maker. (PL, PL -3)
16. Prior to issuance of building permits, Developer shall provide to the Planning Division
digital photos or copies of full -size colored elevations, color and material sample
boards, perspective illustrations, and any other colored exhibit approved by the
decision - maker. (PL, PL -4)
17. Developer may not modify any use approved by this permit unless the Community
Development Director or designee determines that Developer has provided the parking
required by the City Code for the modified use. Such determination may require an
adjustment or modification to this permit approval. (PL, PL -5)
18. Prior to issuance of the first building permit, Developer shall submit complete
landscape plans to ensure the site irrigation system does not conflict with site lighting.
All onsite and offsite lighting will be per an approved photometric study and approved
joint trench plans. 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)
19. 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 -7)
20. 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 -8)
21. 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 -9)
22. Developer shall include the following language in all grading, site work, and
construction plans (BUPL, PL -10):
"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
RESOLUTION NO. 2018-32
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."
23. 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 -11)
24. Per the approved Improvement and Landscape plans, 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 -12)
25. Per the approved Improvement and Landscape plans, 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 -13)
26. Developer shall provide automatic garage doors and 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 -14)
27. 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-
15)
28. 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
RESOLUTION NO. 2018-32
Gilroy City Code. The design of such addition or patio cover shall match the materials
and style of the residence. (PUBL, PL -16)
29. The use of wood good- neighbor fences and split -rail fencing along the sides of open
space areas shall be subject to final review and approval of the Planning Manager as
part of the building permit review. Fences shall be constructed in a manner consistent
with the requirements of City Code Section 30.34 Fencing. (PL, PL -17)
30. Prior to issuance of a Temporary Use Permit for the sales office and /or model home,
Developer shall provide details as to the posting 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 the Hecker Pass Specific Plan. Developer shall
include such details to the satisfaction of the Community Development Director or
designee. (PL, PL -18)
31. 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 -19)
32. 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 -20)
PLANNING LANDSCAPING CONDITIONS
33. Applicant shall design and install landscaping and irrigation plans in accordance with
the adopted Consolidated Landscaping Policy and the Landscaping Requirements of
the City Code (Chapter 30, Section 38). (PL, PL -21)
34. As part of the building permit application, the applicant shall submit a complete
landscape package in accordance with MWELO. The project's licensed landscape
architect shall also stamp and sign the landscape plans and submit a signed affidavit
verifying the landscape package complies with MWELO. A copy of the compliance
affidavit form is available at
http:// www. cityofgilroV .org /DocumentCenter /HomeNiew /6056. (PL, PL -22)
35. 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 -23)
36. At a date to be determined, the Developer shall transfer responsibility to individual
homeowners for the life of the project all maintenance of landscaping and irrigation in
RESOLUTION NO. 2018-32
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 -24)
PLANNING DIVISION SPECIAL CONDITIONS
37. The Conditions, Covenants, and Restrictions and homeowners association bylaws for
the subdivision shall be submitted to and approved by the Public Works, Community
Development, and Fire Departments prior to recordation of the Final Map. The CC &Rs
and By -Laws shall include, but not be limited to, a statement that any related
Integrated Agricultural Management Plans and the "right -to- farm" ordinance shall be
disclosed to future residents and commercial tenants prior to lease or purchase (HPSP
Policy 5 -11). (PL, PL -25)
38. The developer shall disclose to every future homebuyer that active farming will occur
on the agricultural lands within the Hecker Pass Specific Plan area, including but not
limited to the Syngenta Flowers property to the north. Proposed language for the right -
to -farm disclosure shall be submitted to and approved by the Planning Division prior to
issuance of any building permits for the subdivision. (HPSP Policy 5 -9 & 11) (PL, PL-
26)
39. Per Gilroy City Code Section 30.34.20(a), the developer shall be required to construct
a six (6) foot high masonry sound wall on the north property boundary of the site to
provide adequate separation between agricultural commercial and residential uses.
The wall design shall require administrative review and approval of Planning Division
staff and shall be to the standards required by City Code Section 30.34.20(a) and the
Hecker Pass Specific Plan section 7.4.5 "Fencing." Construction of the sound wall
shall be completed prior to final occupancy. (PL, PI -27)
PLANNING DIVISION ENVIRONMENTAL CONDITIONS
40. Prior to development of any property within the specific plan area, a Phase 1
Environmental Site Assessment shall be prepared in accordance with ASTM
Standard(s) to identify whether past or existing uses of the project property may have
adversely affected soil or groundwater, or would otherwise pose a health hazard during
site 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 -28) (HPSP
EIR MM #9)
RESOLUTION NO. 2018-32
41. 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. (PUPW, PL -29) (HPSP EIR MM #22)
42. 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-
30) (HPSP EIR MM #18)
43. Prior to issuance of the 75th building permit within the Specific Plan area, applicants
for projects within the specific plan area shall be responsible for shoulder
improvements to Hecker Pass Highway, per Caltrans' standards, between Santa
Teresa Boulevard and the easterly limits of the planned Caltrans Was Creek Bridge
Improvement project. Applicants shall coordinate with the City of Gilroy Engineering
Division to design and implement the shoulder improvements. Removal of deodar
cedar trees along the highway must be avoided wherever possible and improvements
must be consistent with State scenic highway guidelines.
However, implementation of this measure may not be feasible without either a)
removal of deodar cedar trees within the Caltrans right -of -way along the southern
side of the highway, which is an historic resource listed on both the national and
state registers, or b) significantly cut into the hillside on the northern side of the
highway, which would require construction of a retaining wall.
RESOLUTION NO. 2018-32
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-
31) (HPSP EIR MM #19)
FIRE MARSHALL CONDITIONS
44. Single Family Homes with a fenced yard shall have a gate that opens to a public way
(or to an open yard that leads to a public way). (FP, FP -1)
45. Detached Second Units shall have a path of travel (min 36" wide) to the street and
shall be provided a separate address number. (This cannot be to the alley side of the
property as the Fire Department responds via a street address. (FP, FP -2)
46. All residential structures shall be provided with residential fire sprinklers (13d) including
garages. City standards include: (FP, FP -3)
a. A 1 inch meter and 1.5 inch laterals shall be provided to each SFR.
b. System to comply with NFPA 13D (2016) subject to inspection by the City.
c. Riser shall be installed in the garage or approved exterior cabinet.
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. The
water -flow switch shall be wired to smoke alarms for interior notification.
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.
j. A fire flow test shall be obtained from the Fire Marshal and included in the
sprinkler system design calculations
k. Detached second units shall have a separate water lateral not less than 1.5
inches cpvc and provided with a separate water meter or as a separate line
from the main water lateral prior to the existing structure. Second units shall
not be provided with water service from the main residence.
47. Building / House numbers shall be clearly visible from the street:
RESOLUTION NO. 2018-32
a. For Single family homes, addressing shall be from the street that the front
door faces and shall be visible from that street. If the house is recessed,
obstructed or at an angle such that the front door is not visible from the street,
an additional address sign shall be provided that is visible from the 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. (FP, FP -4)
48. Chimneys shall have spark arrestors installed. No permanent outdoor, wood -fired
fireplaces /pits are allowed. Trees and tree branches shall not be within 10 ft of a
chimney. (FP, FP -5)
49. For gated communities (proposed plan does not show to be gated at this time), or
gated EVA's or gates to more than two homes: Gates shall be electronically operated
using the "Click to Open" TM system. A building permit shall be obtained for the gate
installation. The gate shall also have Police and Fire KNOX key over -ride. The gate
shall also be recessed from the roadway and a visitor turn out provided. (FP, FP -6)
50. Submitted plans show proper signage and striping. When streets are less than 36' in
width parking restrictions as indicated below apply: For streets less than 36' wide (curb
to curb) and greater or equal to 28 ft wide, one side shall be marked as a fire lane.
Signage stating : "FIRE LANE - NO PARKING" or red curbing stenciled with "FIRE
LANE" shall be provided in any areas longer than 8 ft, in cul de sacs and along the
turning radius of the street ( both sides). When using signage spacing shall be
determined by the Traffic Engineer. When the street is less than 28' wide both sides
shall be marked as above as FIRE LANES. Shared private access driveways that do
not provided parking shall be provided with No Parking Signage and /or red curing. (FP,
FP -7)
51. Landscaping in the open space areas shall be maintained so as not to become a fire
hazard. All dead and dry vegetation to be removed by May 15th each year and to be
maintained until November. (FP, FP -8)
52. Egress Windows shall be provided on all sleeping rooms. A room that does not have a
clearly defined use as a kitchen, closet, dining room, living /family room or study shall
be considered a bedroom. Studies /libraries with closets shall be treated as bedrooms.
Storage rooms that are provided with windows, and electrical outlets and are greater
than 50 square feet may also be considered bedrooms if attached to a dwelling unit.
(FP, FP -9)
(End of Attachment B)
RESOLUTION NO. 2018-32
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2018 -32 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.
i
i
Shawna Freels, MMC
City Clerk of the City of Gilroy
(Seal)