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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 RESOLUTION 2018-44 2 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 RESOLUTION 2018-44 3 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. RESOLUTION 2018-44 5 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 RESOLUTION 2018-44 2 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) RESOLUTION 2018-44 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) RESOLUTION 2018-44 10 "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; RESOLUTION 2018-44 11 (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 RESOLUTION 2018-44 12 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) RESOLUTION 2018-44 13 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 17 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 18 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. RESOLUTION 2018-44 29 112. 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. RESOLUTION 2018-44 30 121. 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 31 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)