Resolution 2018-44RESOLUTION 2018-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING A MITIGATED NEGATIVE
DECELARATION AND APPROVING TENTATIVE MAP TM 16-
02, CREATING 14 SINGLE-FAMILY RESIDENTIAL LOTS, TWO
COMMON PARCELS, ONE PUBLIC PARK PARCEL, LOCATED
AT THE NORTHERLY TERMINUS OF GREENFIELD DRIVE
AND SOUTH OF UVAS CREEK, APN 808-20-008, FILED BY
JAMES SUNER
WHEREAS, James Suner submitted an application requesting tentative map
approval to subdivide an 8.36 acre site into 14 single-family lots, two common lots
containing private roadways and stormwater detention, a 3.7 acre public park parcel to be
dedicated as an extension of Uvas Creek Park Preserve open space, and associated public
and private improvements within the R1 single-family zone district; and
WHEREAS, the subject property is located at the northern end of Greenfield
Drive, south of Uvas Creek, east of Las Animas Elementary School/Glen Loma Ranch
Specific Plan Area development, and east of Villagio residential development (Assessor's
Parcel Number 808-20-008); and
WHEREAS, the tentative map application was referred to various public utility
companies and City departments, including the Technical Advisory Committee for
recommendations; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the
TM 16-02 on June 7, 2016, at which public hearing the Planning 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 Planning Commission found that the project substantially
conforms to the intent of the Gilroy General Plan and elements thereof, the Gilroy City
Code, and all applicable standards and criteria, and on voted 6-0 (1 absence) to
recommend the project to the City Council; and
WHEREAS, a mitigated negative declaration (MND) was completed for the
project and made available for a 30-day public review period on July 27, 2018, in
compliance with the requirements of the California Environmental Quality Act, and
mitigation measures have been identified sufficient to address the environmental effects
of the proposed project; and
WHEREAS, a mitigation monitoring and reporting plan has been prepared,
consistent with the MND; and
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WHEREAS, the City Council held a duly noticed public hearing on October 15,
2018, and considered the public testimony, the Planning Commission recommendation,
the City Council Staff Report, and all other documentation related to application TM 16-
02; and
WHEREAS, the City Council continued the matter to November 5, 2018, with
direction given to staff to meet with the applicant, and submit a resolution with revised
conditions of approval reflecting recommendations of the City Council; and
WHEREAS, using its independent judgement, and analysis based on deliberation
and consideration of the materials presented at the public hearings, including public
testimony received, the City Council concludes the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program prepared for TM 16-02 adequately
assesses all potential environmental impacts of the project, mitigating potential impacts to
a less than significant level, and that the project as proposed and conditioned conforms to
the City's General Plan and elements thereof, the Gilroy City Code and all applicable
standards and criteria. Further, the City of Gilroy Community Development Department
is the custodian for all documents pertaining to the FMND, including its adoption, and
the project.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Gilroy does hereby make findings required by the California Environmental Quality Act,
the Gilroy City Code and the State Subdivision Map Act Section 66474 and take action to
adopt the Mitigating Negative Declaration and approving TM 16-02, as follows:
SECTION I — CEQA Findings
1. Based upon the Record, the submissions by the Project Sponsor(s), the
information in the staff report and provided from other interested parties, the
oral testimony presented at this public hearing, and all other written materials
submitted by all parties, the City Council hereby finds that the contents of
Mitigated Negative Declaration (MND) and the procedures through which the
MND was prepared, publicized, and reviewed complied with the California
Environmental Quality Act (California Public Resources Code Sections 21000
et seq.) (CEQA). 14 California Code of Regulations Sections 15000 et seq.
(the "CEQA Guidelines").
2. The City Council further finds that the MND is adequate, accurate and
objective, reflected the independent analysis and judgment of the City
Council, and that the summary of comments and responses contained no
significant revisions to the Draft Initial Study/Mitigated Negative Declaration
(IS/MND), and adopts the MND for the Project in compliance with CEQA.
3. The City Council has reviewed and considered the IS/MND and the record as
a whole and finds that there is no substantial evidence that the Project will
have a significant effect on the environment with the adoption of the
mitigation measures contained in the mitigation monitoring and reporting
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program (MMRP) to avoid potentially significant environmental effects
associated with the Project, and hereby adopts the MND.
4. The City Council hereby adopts the Mitigation Monitoring and Reporting
Program for the project, incorporated herein. All required mitigation measures
identified in the IS/MND and contained in the MMRP are included as
conditions of approval.
5. The City Council further finds that since the MND was finalized, there have
been no substantial project changes and no substantial changes in project
circumstances that would require major revisions to the NIND due to the
involvement of new significant environmental effects or an increase in the
severity of previously identified significant impacts, and there is no new
information of substantial importance that would change the conclusions set
forth in the MND.
SECTION II — Tentative Map Findings
1. The subdivision request TM 16-02, including the design and improvement of
the subdivision, would be substantially consistent with all applicable City of
Gilroy General Plan goals, objectives, policies and programs, including the
low density residential land use designation given that the project, as proposed
and conditioned, would:
a. Promote infill residential development in an area designated for this type
of use and that would be compatible with the existing adjacent single-
family residential neighborhoods, near parks and schools, and would
protect natural resources, which would be consistent with the Strategic
Direction Chapter;
b. Avoid encroachment into open space areas and provides a net density of 3
units per acre within remaining buildable areas of the site, after dedication
of 3.7 acres of land for public park and open space, which would be
substantially consistent with Community Design Chapter Policies 1.01,
1.05, 1.09;
c. Dedicate public land for the Uvas Creek Park Preserve open space, which
would include extension of planned bicycle trails (consistent with the
adopted 1992 Uvas Creek Park Preserve Plan, the 2002 Park & Recreation
System Master Plan and the 2005 Gilroy Trails Master Plan), which would
be in substantial compliance with Public Facilities and Services Chapter
policies 16.02, 16.04, 16.05, 16.12, and 16.14; and
d. Avoid and protect sensitive open space habitat along Uvas Creek by
providing a setback of 150 feet from top of creek bank, satisfying the
minimum setback of 100 feet from top of bank and 35 feet setback from
the edge of riparian habitat to the parcels, consistent with Community
RESOLUTION 2018-44
Resources Chapter policies 20.01, 20.02, 20.03, 20.06, 20.07, 20.08 and
Action 20.13.
e. The site is not covered by a specific plan document, thus no findings for
consistency are required for this criteria to comply with the State
Subdivision Map Act. However, right of way access to the site would be
extended through a small comer of City open space property within the U
Ranch Specific Plan area. This acquisition is minimal and would not
materially impact the value, use or access for this existing open space
amenity.
2. The site is physically suited for the proposed development type and density
given that the site contains 4.66 acres of building area upland from portions of
the property within the Uvas Creek Park Preserve riparian corridor open
space, which can accommodate a net density of 3 units per acre. Further, all
proposed residential lots would be located upland of the flood plain along
Uvas Creek, grading would be implemented in accordance with standard
engineering practices and there are no unusual soils conditions associated with
the site that would preclude use of fill for development, and public utilities
and infrastructure improvements needed in order to serve TM 16-01 are in
close proximity, at the existing terminus of Greenfield Drive.
3. TM 16-01 is consistent with the Gilroy City Code Zoning Ordinance
including the RI District Standards, the Subdivision and Land Development
Code, the State Subdivision Map Act, and all City ordinances, policies and
standards in effect as of the date the application was accepted as complete for
processing on July 12, 2017, given that the development promotes single-
family residential development with minimum 6,600 square foot lots sizes,
improvements would comply with adopted City Engineering Standards and
Specifications for minimum 36 foot wide minimum paved private roadway
width, public utility easements, street trees, lighting, utility infrastructure,
drainage and stormwater management, and flood control, and interim
residential dwelling unit allocations were been granted for the project on May
17, 2016 and have not expired .
4. The subdivision design and improvements would not result in environmental
damage or injure fish or wildlife or their habitat, as identified in the MND,
given that all significant environmental impacts associated with the project
have been identified and would be mitigated to a less than significant level.
5. The design of the applicant agrees with the necessity of and accepts all
elements, requirements, and conditions of this resolution as being a reasonable
manner of preserving, protecting, providing for, and fostering the health,
safety, and welfare of the citizenry in general and the persons who work, visit
or live in this subdivision in particular.
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6. The subdivision design and improvements will not conflict with easements
acquired by the public at larger for access through or use of the property
within the proposed subdivision as follows:
a. As proposed an easement for Santa Clara Valley Water District shall be
preserved and maintained within the proposed Parcel A dedication.
b. As proposed and conditioned, the development would complete public
trails through the site, connect the trails with the proposed development
and adjacent developments to the east and west.
c. As conditioned, would provide public access through the development
along the proposed private roadway and sidewalks.
d. As conditioned, the developer would acquire access across 0.2 acres of
land owned by Glen Loma Ranch as public open space, for additional road
right of way as necessary to extend Greenfield Drive into the property.
This acquisition for roadway access is minimal and necessary to provide
suitable access for development of the site consistent with the General
Plan, and would not conflict with nor materially diminish the use these
affected public open space lands.
7. The development is adjacent to wildlife vegetation and requires additional
findings to be made pursuant to the Subdivision Map Act for properties within
wildland urban interface areas. As conditioned by the Fire Department, the
findings for approval of development in wildland urban interface areas would
be satisfied as follows:
a. The project would be required to comply with vegetation management
requirements for property within potential fire hazard areas. This would
include ongoing specific vegetation management practices that would be
enforced by the City and made the responsibility of the property owners
and homeowners association for private open space vegetation of Lots 9-
14, and the City for the Uvas Creek Park Preserve open space. Based on
the proposed plans and conditions, the project would be consistent with
the fire safety regulations adopted by the State and City Fire Department
pursuant to Public Resources Code Sections 4290 and 4291.
b. Adequate fire suppression services would be available to the area based on
the provision of adequate access roads and fire hydrants that would be
installed to serve the project.
c. Ingress and egress is provided for the subdivision that meets minimum
standards for 20 foot wide paved roadway, grades not exceeding 15
percent, and adequate turning radius provided for maneuverability through
the development.
8. As proposed and conditioned, the project would comply with all ordinances,
policies and standards in effect as of June 2017 (when the project application
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was accepted as complete, as well as any standards adopted by the state for
the purpose of protecting public health and safety.
SECTION 11 - Actions
1. The City Council hereby adopts the Mitigated Negative Declaration and the
mitigation monitoring and reporting program prepared for TM 16-02
Greenfield Drive 14 Lot Residential Subdivision project.
2. The City Council hereby approves TM 16-02, subject to the conditions of
approval set forth in Exhibit "A" attached hereto.
PASSED AND ADOPTED this 5' day of November, 2018, by the following roll call
vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY,
LEROE-MUSOZ, TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Velasco, Mayor
RESOLUTION 2018-44
VA
CONDITIONS OF APPROVAL
TM 16-02
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 N1ND-S2).
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL Building Division/Inspectors PK I Parks/Landscape Design
CA City Attorney PI, 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. Approved Plans. Approval of Tentative Map TM16-02 is granted for approved
plans stamped as "Approved on November 5, 2018" ("the plans") on file with the
Planning Division. Build -out of the project shall conform to the plans, except as
otherwise specified in these conditions. Any future adjustment or modification to
the plans shall be considered by the Community Development Director or designee,
may require separate discretionary approval, and shall conform to all City, State,
and Federal requirements, including subsequent City Code requirements or policies
adopted by City Council. (PL, G-1)
2. Developer. Developer means permit applicant, property owner, operator, permittee,
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. Indemnification Agreement. 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
RESOLUTION 2018-44
8
amended, done or made prior to the approval of such resolution that were part of the
approval process. (CA, G-3)
4. Acceptance of Conditions. Failure to appeal this decision in a timely manner, or
commencement of any activity related to the project, in 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
herein. (CA, G4)
5. Covenants and Restrictions. 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)
6. Enforcement Action. If Developer, owner or tenant fails to comply with any of the
conditions of this permit, the Developer, owner or tenant shall be subject revocation
or other appropriate 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)
7. Occupancy Restriction. Prior to occupancy of residential units and/or acceptance
of the subdivision tract, 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)
8. Expiration. The tentative map shall have an initial expiration period of twenty-four
(24) months from the approval date if the final map is not approved prior to the
initial expiration date of November 5, 2020, subject to extensions of time that may
granted as provided pursuant to the State Subdivision Map Act. (PL, G-12)
9. Extension Requests. 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. Should the project approvals expire,
allocations granted for 14 residential units pursuant to Gilroy City Code Section
30.50.60 shall likewise expire. (PL, G-5)
PLANNING DIVISION STANDARD CONDITIONS
10. Subsequent Permits. 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)
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M
11. Architectural and Site Review. Architectural and Site Review shall be obtained
for development of four or more residential parcels within the project, pursuant to
Gilroy City Code Section 30.50.41(a)(5).
12. Building Plan Details. Developer plans for building permit applications for future
residences shall identify 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,
subject to review for compliance with Zoning standards. This shall include review
and requirement for compliance with the site design requirements of Gilroy City
Code Section 30.5.50 which specifies that new residences shall have at least 3 of
the following 5 design elements to differentiate from residences on adjacent lots on
the same street frontage(PL, PL-2):
(A) Floor plan.
(B) Front Elevation.
(C) Roof Design.
(D) Exterior Materials.
(E) Reversed floor plan.
13. Conditions on Plan Sets. Developer shall submit plans that include, on all sets, a
reproduction of all conditions of approval of this permit, as adopted by the decision -
maker. (PL, PL-3)
14. Landscape and Lighting. Developer shall submit combined final landscape and
lighting plan improvement plans to verify location of street trees and street light
standards shall not conflict with drainage plans, landscape plans, tree locations,
parking spaces, or any other such land use concerns. (PL, PL-6)
15. Habitat Conservation Permit. 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)
16. Habitat Conservation Fee Payment. Prior to issuance of a grading permit,
Developer shall present to the Community Development Director or designee, a
receipt issued by Santa Clara County for full payment of the Santa Clara Valley
Habitat Plan fees for associated with the proposed development. Such receipt shall
be dated within six (6) months of the grading permit issuance date, or the fee
amount may be reassessed and difference collected at the time of grading permit
issuance. (PL, PL-10)
17. Construction Noise. 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 (PL1BL, PL-11)
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"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."
18. Air Quality. 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 offite 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;
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(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."
19. Archaeological Resources. 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 party."
20. Cultural Resources. In the event of an accidental discovery or recognition of any
human remains, Developer shall include the following language in all grading, site
work, and construction plans (BL/PL, PL-14):
"If human remains are found during earth -moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until the
coroner of Santa Clara County is contacted to determine that no investigation of the
cause of death is required. If the coroner determines the remains to be Native
American the coroner shall contact the Native American Heritage Commission
within 24 hours. The Native American Heritage Commission shall identify the
person or persons it believes to be the most likely descendent (MLD) from the
deceased Native American. The MLD may then make recommendations to the
landowner or the person responsible for the excavation work, for means of treating
or 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
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American Heritage Commission fails to provide measures acceptable to the
landowner."
21. Equipment Screening. Developer shall provide screening of all mechanical
equipment, post indicator valves, backflow prevention devices, etc., shown on final
improvement plans. 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 low concrete or masonry walls, berms, and
landscaping. (PL, PL-17)
22. Any masonry or concrete walls used for screening purposes shall comply with front
and street side yard height limits and be setback from property lines or back of
sidewalks at least 3-feet in order to accommodate landscaping along the exterior
facing elevation. (PL-22)
23. Backflow preventers shall be painted dark green, except the fire connection which
shall be painted yellow. Interior lot lines may be delineated by fencing, constructed
of wood material. (PL-17)
24. The final placement and design of the equipment and screening for the items in the
above conditions 23, 24 and 25, shall be to the satisfaction of the Community
Development Director or designee.
25. Homeowners Association. Developer shall establish a Homeowners' Association
(HOA) for the development. The HOA shall be responsible for the maintenance and
enforcement of parking, private streets, common landscaping, recreation and other
interior areas held in common by the HOA. Such responsibilities shall be provided
within. the CC&Rs for the development. (PL, PL-27)
26. Prior to recordation of the Final Map, the CC&R's shall be submitted to the City for
review and approval to confirm the items required in these conditions of approval
have been satisfied; subject to review by the Community Development Director,
City Engineer and City Attorney.
PLANNING LANDSCAPING CONDITIONS
27. Developer shall submit a Landscape and Irrigation Plan for common areas with
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. Landscaping plans shall
include details for tree mitigation and include planting along the retaining wall
system supporting the Lots 9-14 building pads. (PL, PL-43)
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28. As part of the Landscape Plan submittal, Developer shall not include any invasive
plant species, such as those listed by the California Invasive Plant Council. (PL, PL-
44)
29. As part of the Landscape Plan submittal, Developer shall clarify a minimum three
(3) inch layer of mulch to be applied on all exposed soil surfaces, as required by the
State MWELO. (PL, PL-45)
30. With the final landscape plan submittal, Developer shall (as part of the irrigation
system) include sensors that suspend or alter irrigation operation during unfavorable
weather conditions (e.g. automatic rain shut-off devices). (PL, PL-42)
31. Prior to occupancy or and/or final tract acceptance, 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. Developer shall complete installation of all
landscaping and irrigation in accordance with the approved plans. (PL-47, PL-48)
32. Developer is required under MWELO to provide a copy of the approved Certificate
of Completion to the property owner or his or her designee. Prior to completion of
each build -out phase of development, Developer shall provide the Community
Development Director or designee a summary of each lot in that phase and timing
of compliance with this requirement. (PL, PL-49)
33. For the life of the project, Developer and/or HOA hall maintain common
landscaping and irrigation improvements in accordance with the approved plans,
except as otherwise permitted or required by law. Significant changes to the
number, placement, and selection of plant species may require a modification to this
approval, to be determined by the Community Development Director or designee.
(PL, PL-50)
PLANNING DIVISION SPECIAL CONDITIONS
34. Off -site improvements. Developer shall comply with the requirements of the
Engineering Division for all off -site right of way improvements, which includes
acquiring the right of way access to connect Greenfield Drive with the project
roadway.
35. Public/Private Roadway Demarcation. The improvement plans shall provide a
distinctive pavement treatment to demarcate the transition from public to private
roadway, to the satisfaction of the Planning Manager and City Engineer.
36. The Building Envelopes that are shown on the tentative map shall not be required.
37. Private Open Space Restrictions for Lots 9 thru 14. The area extending from the
top of the uppermost retaining wall to the rear and side property lines of Lot 9
14
through Lot 14, which back up to the Uvas Creek preserve, shall be restricted as
follows: No structures, ornamental landscaping, private garden areas, accessory
structures, grading, decks, pools, or hardscape improvements shall be permitted
within the private open areas. The private open space shall be maintained with
approved native or compatible landscaping, and open view fencing only, which is
complementary and compatible with the adjacent public open space vegetation.
Any modification shall be subject to review and approval of the Community
Development Director or designee for compliance with these conditions and Gilroy
City Code.
38. Private Open Space View Fencing Requirement for Lots 9 thru 14). The
Developer shall install open view fencing along the rear of building envelopes (on
top of the uppermost retaining wall) and along the perimeter of the private open
space areas of Lots 9 through Lot 14. The open view fencing details shall be
submitted for review and approval by the Planning Division with grading permits or
improvement plans. Fencing shall be installed prior to occupancy of residences on
these lots. The open view fencing restrictions shall be included in the project
CC&R's. Any modification to this requirement shall be subject to review and
approval by the Community Development Director or designee and the Public
Works Director for compliance with these conditions and Gilroy City Code.
39. Public Access Easement. Public access easements shall be granted for sidewalks
and roadways through the development.
40. Common Improvements. Developer shall complete all required common
landscaping, street trees, lighting and tree mitigation. A phasing schedule may be
submitted for approval by the Planning Manager prior to issuance of grading
permits. All improvements must be completed prior to acceptance of the Tract map.
41. Common Retaining Wall Design. Should the retaining wall be used, plans shall
indicate a minimum grade separation of five feet (5') that shall be maintained
between the two maximum five-foot (5') tall retaining walls that are proposed to
support the fill and building envelopes of lots 9 through 14. This area shall be
planted with landscaping designed to prevent climbing and soften the appearance of
the wall. Similar landscaping shall be included along the base of the wall.
42. Processing Fees. Outstanding application processing fees in the amount of
$9,796.8 1 shall be paid, consistent with the application reimbursement agreement.
Any outstanding fees must be received prior to recordation of the Final Map.
Pi W-100 IZEM 01 LIV &*1 [0:
The following mitigation measures shall be incorporated as conditions of approval,
consistent with the Mitigation Monitoring and Reporting Program prepared and adopted
for the project.
RESOLUTION 2018-44
15
43. (MM AIR-l.l) The project shall develop a plan demonstrating that the off -road
equipment used on -site to construct the project would achieve a fleet -wide average
of at least 30 percent reduction in DPM exhaust emissions or greater. One feasible
plan to achieve this reduction would include the following:
(A)All mobile diesel -powered off -road equipment larger than 25 horsepower
and operating on the site for more than two days shall meet, at a minimum,
U.S. EPA particulate matter emissions standards for Tier 2 engines or
equivalent.
(B) Generator used to provide power shall meet, at a minimum, U.S. EPA
particulate matter emissions standards for Tier 4 engines or equivalent. Or
their usage shall be limited to 100 hours total.
44. (MM BI0-1.1) Pre -construction nesting bird surveys shall be completed prior to
the start of construction activities, if construction activities are proposed to
commence during the nesting season (February 1 to August 31) in order to avoid
impacts to nesting birds. These surveys shall be completed by a qualified biologist
no more than 14 days before construction begins during the early part of the
breeding season (February 1 through April 30) and no more than 30 days before
construction begins during the latter part of the breeding season (May 1 through
August 31). During this survey, the biologist or ornithologist shall observe if any
nesting birds are within the project area.
45. (MM BI0-1.2) If an active nest is found in an area that will be disturbed by
construction, the ornithologist shall designate an adequate buffer zone to be
established around the nest, in consultation with the California Department of Fish
and Wildlife. The buffer would ensure that nests shall not be disturbed during
project construction.
46. (MM 13I0-1.3) The applicant shall submit a report indicating the results of the pre -
construction survey and any designated buffer zones to the satisfaction of the
Director of Planning, prior to the issuance of a demolition permit.
47. (MM BI0-2.1) Bat Pre -activity Survey. Prior to any removal of trees 12 inches or
greater in diameter at 4.5 feet above grade, a pre -activity survey for roosting bats
will be conducted within the impact area. The survey will be conducted by a
qualified bat biologist. No activities that would result in disturbance of active bat
roosts will proceed prior to the completed survey. If no active roosts or maternity
colonies are found, then no further action is warranted. If a large maternity colony
or bat roost is presented, MM BIO-3.2 or 3.3 shall be implemented.
48. (MM BI0-2.2) Avoidance. In order to avoid impacts, if an occupied bat roost is
found in a tree that would be disturbed or removed by proposed activities, the
Project may be redesigned to avoid the disturbance of the tree. If the roost is
unoccupied at the time of the survey, the City may choose to install bat exclusion
devices to prevent bats from taking up occupancy of the structure prior to the onset
RESOLUTION 2018-44
16
of the proposed activity. If avoidance is not feasible, MM BIO-3.3 shall be
implemented.
49. (MM BI0-2.3) Exclude Bats Prior to Disturbance. If disturbance of an active non -
breeding pallid bat roost cannot be avoided, the individuals will be safely evicted
between August 1 and October 15th or between February 15 and March 15. Bats
may be evicted through exclusion after notifying the California Department of Fish
and Wildlife. Trees with roosts that need to be removed will first be disturbed at
dusk, just prior to removal that evening, to allows bats to escape the darker hours.
50. (MM BI0-3.1) Woodrat Pre -Construction Surveys. Pre -construction surveys for
woodrat nests shall be conducted within the impact footprint by a qualified
mammologist prior to the start of work. The surveys shall be conducted between
March 1 st and October 31 st, when woodrats are more active, and shall be conducted
no more than 30 days prior to the start of work. Woodrat nests detected during the
survey shall be mapped and one or more of the following measures shall be
implemented:
(A) Disturbance -free Woodrat Buffers. Dusky -footed woodrats are year-round
residents. Therefore, avoidance mitigation is limited to redesigning the
project to avoid direct impacts on woodrat nests to the extent feasible.
Ideally, a minimum 10-foot buffer should be maintained between project
construction activities and each nest to avoid disturbance. In some
situations, a smaller buffer may be allowed if in the opinion of a qualified
biologist, removing the nest would be a greater impact than the anticipated
as a result of Project activities.
(B) Relocation of Woodrat Nest Materials. If active woodrat nests are found
within the Project boundary and avoidance is not feasible, then the
woodrats shall be evicted from their nests prior to the removal of the nests
and onset of ground -disturbing activities to avoid injury or mortality of the
woodrats. A qualified biologist shall disturb the woodrat nest such that all
woodrats would seek refuge outside of the Project activity area.
Subsequently, the nest sticks shall be removed from the site, if feasible,
these materials would be piled at the base of a nearby tree or shrub. The
spacing between relocated nests shall not be less than 100 feet, unless a
qualified biologist has determined that the habitat can support higher
densities of nests.
51. (MM BI0-4.1) Prior to issuance of a grading permit, the applicant shall submit a
final tree replacement plan to mitigate for proposed tree removals consistent with
Gilroy City Code Article XXXVIII (Landscaping) and Consolidated Landscape
Policy. The final plan shall identify the species, size, numbers, and locations for the
replacement trees. The tree replacement program will be subject to review and
approval by the Planning Manager and shall be implemented with construction of
the subdivision improvements..
RESOLUTION 2018-44
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52. (MM BI0-4.2) The project would also be required to implement tree preservation
measures before and during project construction for significant trees to be retained
(which as revised by the applicant shall include preservation of trees 46, 49, 52, 53,
54, 56, 70, 74, 75, 76, 77, 79 and 80 as shown on Table 3 Trees Recommended for
Removal of the Preliminary Arborist Report). These measures shall be included on
all plans. Tree protection measures include the following Tree Preservation
Guidelines as established in the arborist report prepared for the project
environmental analysis:
Design Recommendations.
(A) The trees identified for preservation shall be established and plotted on all
plans (including but not limited to demolition, improvement, utility,
drainage, grading, landscape and irrigation plans), subject to review and
comment by the Consulting Arborist.
(B) Changes to plans shall be subject to review and comment by the
Consulting Arborist with regard to tree impacts.
(C) A Tree Protection Zone (TPZ) shall be established around each tree to be
preserved. Specific TPZ zones are specifically required for the following
trees located within the area of development:
Tree No.
TPZ
#8
5' North. Dripline in all
other directions.
#19
5' North and West.
Dripline in all other
directions.
#31
5' South. Dripline in all
other directions.
#36, 37, 38
10' West. Dripline in all
other directions.
(D) TPZ's for trees not listed above shall be established at the dripline or a 10-
foot radius, whichever is greater.
(E) Underground services and utilities, including subdrains, water and sewer,
shall be routed around the TPZ. Where encroachment cannot be avoided,
special construction techniques such as hand digging or tunneling under
roots shall be employed where necessary to minimize root injury.
(F) All temporary access roads and staging for materials, equipment, etc.,
shall remain outside of TPZ's.
(G) Herbicides must be safe for use around trees and labeled for that use.
(H) Irrigation systems must be designed so that no trenching will occur within
the TPZ.
Pre -construction Treatments
(1) Per the City's Consolidated Landscape Policy, policies 6.2 and 6.3, the
developer shall hire a certified consulting arborist for the entire span of the
RESOLUTION 2018-44
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project. All arborist recommendations shall be drafted on the final
construction, grading, or landscape plans.
(J) The consulting arborist shall sign the final landscape plans authorizing this
plan is consistent with the recommendations made in the arborist report.
(K) The construction superintendent shall meet with the Consulting Arborist
before beginning work to discuss work procedures and tree protection.
(L) Fence all trees to be retained to completely enclose the Tree Protection
Zone prior to demolition, grubbing or grading. Fences shall be 6' high
chain link, mounted to steel posts firmly driven into the ground or on
stanchions fastened securely with rebar staples 12" deep, as required by
the City. Fences are to remain until all grading and construction is
completed.
(M) Trees recommended for preservation may require clearance
pruning for construction. All pruning shall be completed by a Certified
Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133
and A300 standards as well as the Best Management Practices -- Tree
Pruning published by the International Society of Arboriculture.
(N) Structures and underground features to be removed within the Tree
Protection Zone shall use the smallest equipment, and operate from
outside the Tree Protection Zone. The consultant shall be on -site during
all operations within the Tree Protection Zone to monitor demolition
activity.
(0) Apply and maintain 4-6" wood chip mulch within the Tree Protection
Zone,
(P) All tree work shall comply with the Migratory Bird Treaty Act as well as
California Fish and Wildlife code 3503-3513 to not disturb nesting birds.
To the extent feasible tree pruning and removal should be scheduled
outside of the breeding season. Breeding bird surveys should be conducted
prior to tree work. Qualified biologists should be involved in establishing
work buffers for active nests.
During Construction
(Q) Prior to beginning work, all contractors working in the vicinity of trees to
be preserved are required to meet with the Consulting Arborist at the site
to review all work procedures, access routes, storage areas and tree
protection measures.
(R) No grading, construction, demolition or other work shall occur within the
Tree Protection Zone. Any modifications must be approved and monitored
by the Consulting Arborist.
(S) Any excavation within the dripline or other work that is expected to
encounter tree roots should be approved and monitored by the Consulting
Arborist. Roots shall be cut by manually digging a trench and cutting
exposed roots with a sharp saw. The Consulting Arborist will identify
RESOLUTION 2018-44
19
where root pruning is required.
(T) If injury should occur to any tree during construction, it should be
evaluated as soon as possible by the Consulting Arborist so that
appropriate treatments can be applied.
(U) Any roots damaged during grading or construction shall be exposed to
sound tissue and cut cleanly with a saw.
(V) Fences have been erected to protect trees to be preserved. Fences define a
specific Tree Protection Zone (TPZ) for each tree or group of trees. Fences
are to remain until all site work has been completed. Fences may not be
relocated or removed without permission of the Consultant.
(W) Construction trailers, traffic and storage areas must remain outside
fenced areas at all times.
(X) Prior to grading, pad preparation and excavation work trenching may
require root pruning outside of the TPZ. The Consulting Arborist shall
identify where root pruning is required prior to the start of work. Roots
shall be cleanly cut to the depth of the excavation. Roots shall be cut by
manually digging a trench and cutting exposed roots with a saw, with a
vibrating knife, rock saw, narrow trencher with sharp blades, or other
approved root pruning equipment.
(Y) No materials, chemicals, debris or equipment shall be dumped or stored
within the TPZ.
(Z) Any tree pruning required for clearance during construction must be
performed by a Certified Arborist.
Post Construction
(AA) Trees preserved and replacement trees shall be monitored
following construction of site improvements to assure the health of trees
post construction. Occasional pruning, fertilization, mulch, pest
management, replanting and irrigation may be required.
ENGINEERING DIVISION CONDITIONS
GENERAL
53. 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.
54. 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.
RESOLUTION 2018-44
f►Q
55. 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.
56. Applicant shall obtain will serve and review letter from Recology confirming
serviceability and site accessibility of solid waste pickup. Contract Steven
Lucchetti, Operations Manager 408-842-3358.
57. 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.
58. Prior to building permit issuance, developer shall dedicate necessary easements for
the project development, including but not limited to 16-foot Public Service
easement along all the project proposed and future street frontages. The private
streets shall be designated as a Public Utility Easement (PUE), Water Line
Easement (WLE), and Emergency Vehicle Access Easement (EVAE).
59. Prior to the Final Map recordation applicant shall successfully obtain and record
necessary ingress/egress and public utility easement from adjacent property owner,
APN 808-19-020, for the extension of the Greenfield Drive to serve the proposed
development.
60. Improvement plan shall include all approved Conditions of Approval (COA) and
approved mitigation measures for the project on the 2nd sheet of the improvement
plan set.
61. Improvement plan set submittal shall include civil, landscape, electrical and joint
trench plan.
62. Public Improvement Plan title sheet shall include a table identifying ownership and
maintenance responsibilities for all existing and proposed improvements, including
but not limited to, streets, water, sewer, storm, street lights, landscaping and
stormwater treatment areas.
FEES
63. 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.
64. At improvement plan submittal, Developer shall submit a $25,000 (Twenty Five
Thousand) initial deposit for plan check and processing. This deposit will be
credited/accounted for toward final plan check and inspection fee.
65. Prior to plan approval, developer shall submit a detailed project cost estimate with
appropriate contingency, subject to City Engineer approval.
21
66. Prior to final plan approval, Developer shall pay 100% of the plan check and
inspection fees and other related fees that the property is subject to, enter into a
property improvement agreement, and provide payment and performance bonds.
GRADING & DRAINAGE
67. 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.
68. 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 (S)APPP). 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.
69. All grading operations and soil compaction activities shall be per the approved
project's geotechnical report that was prepared for the design of the project and
shall be subject to the approval of the Public Works Director. Site preparation and
cut/fill construction shall be conducted under the observation of, and tested by, a
licensed soils or geotechnical engineer. A report shall be filed with the City of
Gilroy for each phase of construction, stating that all site preparation and cut/fill
construction were performed in conformance with the requirements of the project's
geotechnical report. This shall be subject to review and approval by the
Engineering Division. The developer shall add this condition to the general notes on
the grading plan.
70. 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.
RESOLUTION 2018-44
22
The applicant's soils engineer's approval shall then be conveyed to the City either
by letter or by signing the plans.
TRANSPORTATION
71. 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.
72. At first plan submittal developer shall model all Emergency Vehicle circulation
movements, as separate plan sheet. The circulation plan shall be prepared to the
city Engineer's satisfaction, and modeled with AutoTurn Swept analysis software,
all turning and street circulation movements.
73. At first plan submittal developer shall model all Solid Waste Vehicle circulation
movements, as separate plan sheet. The circulation plan shall be prepared to the
city Engineer's satisfaction, and modeled with AutoTurn Swept analysis software,
all turning and street circulation movements.
74. Developer shall submit final photometric plans as part of Improvement plans for
review and approval.
75. Developer shall install all joint trench to have (4) dedicated I""' SCH 80 PVC
conduit for City Fiber Optic need in a quad duct arrangement along public Collector
and Arterial streets. Quad duct shall be per City STD EL-11.
76. 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.
77. The developer shall not obstruct the noted sight distance areas. Overall cumulative
height of the grading, landscaping & signs as determined by sight distance shall not
exceed 2 feet when measured from street elevation.
78. Project shall connect to the existing 12-foot Class-1 Bike Path (trail) at the easterly
boundary of the project by lot 14.
FINAL MAP
79. The Final Tract Map shall be presented to the City Council for review and action.
The City Council meeting will be scheduled approximately fifty (50) days after the
Final Map is deemed technically correct, and Subdivision Improvement Plans with
supporting documents, reports and agreements are approved by the City. Executed
Final Map shall be returned to the City Public Works Department if Final Map has
RESOLUTION 2018-44
R
not been filed in the County Recorder's Office within ninety (90) days from the
date of City Council's approval.
80. 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 (HOA) responsibilities. The Final map should also be clear of the
HOA vs. Homeowners responsibilities.
81. Prior to final map approval, the developer shall establish a homeowner association.
The homeowner association shall be responsible for the maintenance of the
landscaping, walls, private streetlights, private utilities, private streets, and common
areas, and shall have assessment power. HOA shall be responsible maintenance
of the Storm Water Control treatment areas and the CC&R's shall describe how
the stormwater BMPs associated with privately owned improvements and
landscaping shall be maintained by the association. This information shall be
clearly included in the Conditions, Covenants, and Restrictions (CC&R) and
recorded documents. The CC&R document shall be submitted for review and
approval by the City Engineer.
82, Uvas Creek Parcel A. Prior to or concurrent with final snap approval, Developer
shall dedicate Parcel A for the use of the public. Developer shall complete all
improvements, including but not limited to the proposed Bicycle Trail and its
extension to the adjacent properties. Property Homeowner's Association shall take
full responsibility for management and maintenance of the proposed improvements
within Parcel A. Seasonal vegetation management shall be scheduled to occur at the
end of the rainy season and consistent with the annual weed abatement resolution.
The HOA shall implement any vegetation management within Parcel A and Fuel
Transition Zones at the beginning of weed abatement season. This language shall
be included in the HOA conditions, covenants and restrictions.
83. The bicycle trail alignment within Parcel A shall avoid identified wetland areas.
84. The City shall in good faith support efforts by Developer to facilitate dedication of
the open space parcel to a suitable non -City public agency as a means of ensuring
long term preservation and management of the open space parcel. This shall be
without cost or liability to the City. In the absence of such dedication, the Home
Owners Association shall have the responsibility for the long-term preservation and
management of such area.
PUBLIC IMPROVEMENTS
85. 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.
86. The developer shall repair or replace all existing improvements not designated for
removal that are damaged or removed because of developer's operations.
RESOLUTION 2018-44
24
Developer shall request a walk-through with the Engineering Construction
Inspector before the start of construction to verify existing conditions.
87. The developer shall obtain all local and state permits necessary for all project onsite
and offsite construction.
88. Prior to any work within public right of way or City easement, the developer shall
obtain an encroachment permit from the City.
WATER QUALITY
89. Proposed development shall comply with state mandated regional permits for both
pre -construction and post -construction storm water quality requirements per chapter
27D of the Gilroy Municipal Code, and is subject to, but not limited to, the
following:
a. At grading permit phase, submit a final design Stormwater Management Plan and
final signed Performance Requirement Certifications specified in the City of
Gilroy Stormwater Management Guidance Manual (latest edition).
b. At improvement plan phase, confirm that the bioretention basin locations shown
on the Stormwater Control Plan match with the locations shown on the
Landscape Plans.
c. Prior to building permit issuance, the Developer of the site shall enter into a
formal written Stormwater BMP Operation and Maintenance Agreement with
the City.
i. The City shall record this agreement against the property or properties
involved and it shall be binding on all subsequent owners of land served by
the storm water management treatment BMPs. The City -standard Stormwater
BMP Operation and Maintenance Agreement will be provided by Public
Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP
maintenance activities not alter the designed function of the facility from its
original design unless approved by the City prior to the commencement of the
proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance
or repair is neglected, or the storm water management facility becomes a
danger to public health or safety, the city shall have the authority to perform
maintenance and/or repair work and to recover the costs from the owner.
iv. All on -site storm water management facilities shall be operated and
maintained in good condition and promptly repaired/replaced by the property
owner(s) or other legal entity approved by the City.
M 00-1 C91 It[6) K11ICZAEA
25
v. Any repairs or restoration/replacement and maintenance shall be in
accordance with City -approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the
life of any storm water management facility and shall describe the
maintenance to be completed, the time period for completion, and who shall
perform the maintenance. This maintenance schedule shall be included with
the approved Stormwater Runoff Management Plan.
d. Stormwater BMP Inspections will be required for this project and shall
adhere to the following:
i. The property owner(s) shall be responsible for having all storm water
management facilities inspected for condition and function by a
knowledgeable third party.
ii. Unless otherwise required by the City Engineer or designee, storm
water facility inspections shall be done at least twice per year, once in Fall, in
preparation for the wet season, and once in Winter. Written records shall be
kept of all inspections and shall include, at minimum, the following
information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of storm water facilities inspected;
5. Condition of each storm water facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re -inspection.
e. Upon completion of each inspection, an inspection report shall be
submitted to Public Works Engineering no later than October I" for the Fall
report, and no later than March 15'h of the following year for the Winter report.
f. Before commencing any grading or construction activities, the developer
shall obtain a National Pollutant Discharge Elimination System (NPDES)
permit and provide evidence of filing of a Notice of Intent (NOI) with the State
Water Resources Control Board.
90. 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
RESOLUTION 2018-44
007
approved construction BMPs will result in the issuance of correction notices,
citations or a project stop order.
UTILITIES
91. 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.
92. Improvement plans are required for all on -site and off -site improvements. The
following items will need to be completed prior to first building permit submittal:
a) The Developer shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and
cables including the size, location and details of all trenches, locations of building
utility service stubs and meters and placements or arrangements of junction
structures as a part of the Improvement Plan submittals for the project. Show
preferred and alternative locations for all utility vaults and boxes if project has not
obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the
composite drawings and/or utility improvement plans. (All dry utilities shall be
placed underground).
b) The Developer shall negotiate right-of-way with Pacific Gas and Electric and
other utilities subject to the review and approval by the Engineering Division and
the utility companies.
c) Will Serve Letter" from each utility company for the subdivision shall be supplied
to the City.
93. 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 trench consultant shall provide the City a separate "project utility
composite plan" showing all Civil, Landscape, electrical, and joint trench
information to confirm that there are no conflicts with joint trench plan utilities.
Joint Trench Shall not be conceptual.
94. Storm and sewer lines in private areas shall be privately owned and maintained by
the HOA.
95. Prior to any construction of the dry utilities in the field, the following will need to
be supplied to the City:
a) A professional engineer- original electrical plan.
RESOLUTION 2418-44
27
b) 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.
96. Sanitary sewer laterals and/or water meters located in driveways shall have traffic
rated boxes and lids.
97. The Developer/Contractor shall make accessible any or all City utilities as directed
by the Public Works Director.
98. 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.
WATER CONSERVATION
99. Landscape design shall comply with the State Water Efficient Landscape
requirements. Prior to building permit issuance complete landscape documentation
package shall be submitted along with landscape plan for review and approval of
the City Engineer; and prior to final/occupancy permit issuance, project Landscape
Architect shall certify compliance with the State requirements and submit a
Certificate of Completion by the owner.
100. 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.
101. 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.
WATER
102. The proposed 8" DIP water main within the proposed subdivision shall be
connected to the existing water main line on Riverview Circle to provide a looping
water system with two points of connection.
103. All construction water from fire hydrants shall be metered and billed at the current
hydrant meter rate.
104. Where recycled water is not available, as determined by the Public Works Director,
potable water shall be used. All City potable water will be billed based on the City's
comprehensive fee schedule under the Portable Fire hydrant meter rate.
105. 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.
RESOLUTION 2018-44
28
CONSTRUCTION BMP
106. 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.
107. Blowing dust shall be reduced by timing construction activities so that paving and
building construction begin as soon as possible after completion of grading, and by
landscaping disturbed soils as soon as possible. Further, water trucks shall be
present and in use at the construction site. All portions of the site subject to
blowing dust shall be watered as often as deemed necessary by the City, or a
minimum of three times daily, or apply (non -toxic) soil stabilizers on all unpaved
access roads, parking areas, and staging areas at construction sites in order to insure
proper control of blowing dust for the duration of the project. Watering on public
streets shall not occur. Streets will be cleaned by street sweepers or by hand as
often as deemed necessary by the Public Works Director, or at least once a day.
Watering associated with on -site construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall include at least one late -afternoon watering to
minimize the effects of blowing dust. All public streets soiled or littered due to this
construction activity shall be cleaned and swept on a daily basis during the
workweek to the satisfaction of the Public Works Director. Demolition or
earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed
25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered.
CONSTRUCTION
108. 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.
109. 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.
110. 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.
111. 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.
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112. 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.
113. All work shown on the improvement plans shall be inspected. Uninspected work
shall be removed as deemed appropriate by the Public Works Director.
114. 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.
115. 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.
116. 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.
CONSTRUCTION PARKING
117. 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).
MONUMENTS
118. 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.
ACCEPTANCE
119. 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.
120. 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.
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121. The developer shall submit as -built plans for civil, landscape, electrical, joint
trencb.
122. The developer shall submit AutoCAD files each consultant's composite basemap
linework showing all public and private improvements and utility layouts. Utility
layers shall be clearly labeled to identify private and public status and separate pen
color designated.
FIRE DEPARTMENT CONDITIONS
123. TM 16-02 Conditions shall be included on off -site improvement plans as "Fire
Department Notes." Prior to street completion, the Fire Marshal shall be contacted
and a fire clearance for off -site improvements be scheduled. No building permits
will be issued without a Fire —Off-Site Improvement Inspection and Fire Flow Test
administered by the Fire Marshal.
124. Open Spaces, including parcel A (between residential lots and the trail) and parcel
C, 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. Trees in this area shall be limbed up 6' off the ground. In HOA
managed areas the HOA shall be responsible. For privately owned property it shall
be performed by the property owner.
125. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure shall
be spaced every 300 ft., and within 150 ft. of any building. Blue reflectors shall be
adhered to the road surface in front of each hydrant. Improvement plan shall
provide Fire Hydrants per the City Standard. Hydrants shall be installed prior to
commencement of construction with combustible materials. A hydrant flow test
shall be performed by Fire Marshal prior to possession by the water department.
126. All homes shall be provided with water laterals and meters sized to allow for a
residential NFPA 13d fire sprinkler system. Off -site improvement plan shall
provide all homes shall be provided with 1.5 inch water laterals and 1" meters sized
to allow for a residential NFPA 13d fire sprinkler system. Plot plans for tract homes
shall specify that the house is to be provided with fire sprinklers.
127. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical
clearance of not less than 13.5 ft. shall be provided. Turning radius shall not be less
than 32' inside and 40' outside. Parking,restrictions as follows: For road widths less
than 28 ft., no parking on either side, road width less than 36 ft., no parking on one
side, road width at or over 36 ft., parking not restricted.
128. Where parking is restricted, it shall be posted with signs for No Parking -Fire Lane
and curbs shall be painted red. Include details in Off -Site improvement plans.
129. Final Map shall include a paragraph that reads: "Red curbing and signage shall be
maintained by the Home Owners Association. A parking enforcement shall be
RESOLUTION 2018-44
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implemented by the Homeowners Association and lots A and C subject to
vegetation management by the HOA."
130. All individual lots (lots 1, 2, 9 — 14) that border open space must have non-
combustible perimeter fences, as well as maintain a minimum 30 foot vegetation
zone within their respective lots.
131. The homeowners association will be responsible for vegetation management for
parcels A, B, and C.
RFSOTJJTTON 2019-44
1, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2018-44 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 5th day of November, 2018, at which meeting a quorum was present.
W WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 6h dayof November, 2018.
Shawna OFreels,
City Clerk of the City of Gilroy
(Seal)