Resolution 2018-46RESOLUTION NO, 2018-46
A RESOLUTION OF'-tn]K CITY COUNCIL OF THE CITY OF GILROY
APPROVING ARCHITECTURAL AND SITE REVIEW AS17-25, A PLANNED
UNIT DEVELOPMENT ARCHITECTURAL AND SITE REVIEW TO
APPROVE CONSTRUCTION OF THE 129000 SQUARE FOOT .FIRST
STREET AND KELTON DRIVE COMMERCIAL DEVELOPMENT
PROJECT, FILED BY DONALD VANNI LAND COMPANY
WHEREAS, on July 28, 2017, Donald Vanni* Land Company, LLC submitted an
application requesting architectural and site review for a 12,000 square foot commercial
development project on a 1.42 acre vacant in -fill site located within at the northwest intersection
of Kelton Drive and First Street (alga, the Patio), M' the C3-PUD zoning district (APN: 790-39-
025); and
WHEREAS, on December 2, 2017, the application submittal was accepted as complete
and environmental review was initiated for preparation of a mitigated negative declaration in
compliance with the California Environmental Quality Act; and
WHEREAS, the Mitigated Negative Declaration (MND) and Mitigation Monitoring and
Reporting Program (MMRP) prepared for the First Street and Kelton Drive project have been
adopted by the City Council, in compliance with the requirements of the California Environmental
Quality Act (CEQA); and
WHEREAS, the project plans were referred to various city departments, including the
Technical Advisory Committee, for recommendations and plan revisions or conditions have been
incorporated into the project to ensure compliance with City standards; and
WHEREAS, on November 1, 2018, at a duly noticed public hearing the planning commission
of the city of Gilroy considered the project environmental documents (MND and MMRP),, concurrent
zone change request Z 18-05, and subj ect application AS 17-25 in accordance with the requirements of
CEQA and the City of Gilroy Zoning Ordinance Section's 3 0.50.40, 3 0.5 0.41 and 3 0.5 0.5 0, and by a
vote of 6-0 (1 absence) recommended approval of the project to the City Council; and
WHEREAS, on December 3, 2018, the City Council of the City of Gilroy considered the staff
report along with recommendation of the Planning Commission and the testimony received at the
duly -noticed public hearing and other materials; and
%W.V 9
WHEREAS, the City Council finds that the application conforms to the City's General Plan
and elements thereof, and all applicable requirements of the Gilroy City Code, including the findings
of Gilroy City Code Section 30.50.50(d) for development plan approval in a PUD.
NOW,, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby finds as
follows:
4840-0863-19300 RESOLUTION NO. 2018-46
JH104706089
i) The project conforms to the Gilroy General Plan in terms of general location and
standards of development given that the project is consistent with the General
Services land use designation as it consists of retail development, has been reviewed
for compliance with the general plan, and would substantially implement all
applicable policies of the general plan including the following:
1 3.13 (Clustering of Commercial Uses), 3.16 (Auto -oriented Commercial Uses),
3.18 (Neighborhood Commercial Uses), and 3.21 (First Street Commercial
Development); given that the project provides vehicular and pedestrian access
between the site and adjacent Piazza commercial development, provides
inviting outdoor spaces and walkways, would not result in strip commercial
development, and provides a planned unit development approach with high
quality design details proposed for buildings and site planning details, with
generous landscape setbacks along the frontage that include a minimum 30 foot
setback from First Street, and more than 20-percent of the site area provided for
landscaping.
2. 12.07 (Commercial Driveways), 12.09 (Standard Level of Service), 12.10
(Land Use and Congestion), 12.11 (On -Site Parking), 12.12 (Shared Parking);
given that the project would utilize existing shared driveways and would not
require any new driveway access, would provide a new traffic signal at First
Street and Kelton Drive to mitigate impacts, and would pay impact fees to fund
planned traffic improvements to maintain the City LOS C conditions, promotes
bicycling to the site, would benefit from pedestrian and pass by trips to the site,
and has demonstrated that adequate parking would be provided for the use
through the implementation of a shared parking agreement with adjacent
property that has been studied and shown to have additional parking capacity.
3. 14.01 (Non -Auto Modes of Transportation), and 14.05 (Private Development
of Bike/Pedestrian Facilities); given that the site is near existing and planned
bicycle routes and would include a bicycle repair station and bicycle parking
on -site.
ii) The project provides the type of development that would fill a specific need of the
surrounding area based on the commercial restaurant and retail uses would be
consistent with the retail commercial shopping land use designation, and would serve
nearby commercial tenants and residents in the area, as well as residents city-wide
and regionally that currently drive by the site.
iii) The project will not require urban services beyond those that are currently available
based on the fact that the site is an urban in -fill site that is readily served from
existing City infrastructure including sewer and water connections available at First
Street.
iv) The project provides. a harmonious, integrated plan that justifies exceptions, if such
are required, to the normal requirements of this ordinance, given that the plan would
comply with the underlying C3 zoning district and all applicable zoning standards,
and requests no exceptions or deviations.
v) The project reflects an economical and efficient pattern of land uses given that the
infill commercial project promotes the retail land use designation and integrates
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development with adjacent commercial uses through use of shared driveways and
access between the properties. Further, the site development intensity responds to
site constraints established based on required setbacks, landscaping, storm drainage
detention,, and parking supply.
vi) The project includes greater provisions for landscaping and open space than would
generally be required, given that project provides more than 20% of the site as
landscaped area, which significantly exceeds the minimum 8% requirement, and
includes plazas and outdoor areas for customers to gather, with shade trees provided
throughout the site that would contribute to the attractiveness and comfort of site
occupants.
vii) The project utilizes aesthetic design principles to create attractive buildings and open
space areas that blend with the character of surrounding areas, given that the project
provides design documents that specify a high design quality for building finishes,
materials, landscaping and hardscape areas which will provide a long lasting and
durable high quality appearance for the life of the project. This includes landscaping
that will provide buffers between development, continuation of existing street tree
planting theme along First Street, Kelton Drive and Santa Teresa, and the tenant
design and sign criteria that would be apply to the site.
viii) The project would not create traffic congestion, noise, odor or other adverse effects
on surrounding areas, given that the project does not have any ongoing noise or odor
impacts, sufficient and well -designed lighting, and would address increased traffic,
as anticipated for the site, through payment of traffic impact fees. Further, a traffic
signal will be required to be installed by the developer to maintain acceptable traffic
levels of service at First Street and Kelton Drive.
ix) As proposed and conditioned the site would provide well -designed trash areas,
outdoor areas and improvements, landscaping, shared access, and parking through a
shared parking agreement.
x) The parking supply is sufficient based on the following:
(1) The detailed parking analysis prepared for the project demonstrated that
sufficient excess parking would be available to provide parking for both the
new 12,000 square foot retail commercial use and the existing commercial
Piazza property, with up to 43 shared parking spaces identified as available
on the Piazza property to serve the new development (which requires at least
39 additional spaces off -site to meet the 102 space demand for the project, as
proposed).
(2) The City standard parking rate requires 186 spaces for the 47,500 square
building Piazza building. The City standard for the 12,000 square foot
commercial retail and restaurant project would require 102 spaces, which
would require a combined total of 288 spaces.
(3) The parking study concluded that at peak usage, the Piazza property utilizes
only 123 of its 187 spaces; resulting in a combined demand of 225 spaces for
both properties.
(4) used on the calculated actual demand on the Piazza property, which shows
excess parking is available and sufficient to serve both uses, an agreement
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would be required and recorded to allow the new development to share up to
43 spaces on the Piazza property (whereas at least 39 additional shared spaces
are needed to meet the calculated project demand for 102 spaces). The
parking agreement would ensure that combined peak parking demand for
uses on both properties would not exceed the 187 spaces on the Piazza
property and 63 spaces on the new commercial project site; i.e., combined
supply of 256 spaces available on both properties.
NOW,, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Gilroy hereby approves Architectural and Site Review AS 17-25, subject to the conditions attached
hereto as Exhibit A and MMRP attached hereto as Exhibit B.
PASSED AND ADOPTED this 3rd day of December 2018 by the following vote:
AYES: COUNCILMEMBERS:
TOVAR., TUCKER and VELASCO
NOES: COUNCILMEMBERS:
FAV.10'1 a YA - 11 v 'T I lob
'a I-PUTIOU I
ATTEST%-
Shawna Freels,
C erk
fW
BLANKLEY,, BRACCO, LEROE-MUNOZ,
NONE
APPIS
Do
qY
Roland Velasco,, Mayor
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CONDITIONS OF APPROVAL
Note: The following abbreviations identify the City department or division responsible for
determining compliance with these conditions. The first group listed has responsibility for
compliance at plan check, the second confirms compliance with the condition at final
inspection, prior to final occupancy or issuance of a certificate of occupancy, or as
specified in the condition. If only one group is identified, they have responsibilities from
initial review through compliance verification. An internal condition reference number is
located at the end of each condition (e.g. G- I or MND-S2).
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL Building Division/Inspectors PK Parks/Landscape Design
CA City Attorney PL Planning Division
CC Chemical Control Agency PW Public Works/Engineering
FP Fire Prevention TR Traffic Division
PD Police Department WW Wastewater/Source Control
GENERAL PROJECT CONDITIONS
I Approval of Architectural and Site Plan Review Permit No. AS 17-25 shall be approved
together with (and subject to) concurrent PUD Plan Zone Change No. ZI 8-05 (hereinafter
"this -permit") based upon the approved plans stamped "Approved on December 3, 2018"
("the plans") on file with the Planning Division, and shall become effective if and only if
Ordinance No. PUD permit Z 18-05 is in full force and effect. The project consists of
development of a 1.42 acre site within the C3-PUD overlay zone district (APN: 790-39-
025), granting design approval for 12,000 square feet of commercial space and related site
improvements, consisting of the following. -
(A) Two (2) 2,500 square foot drive -through restaurants;
(B) 4,000 square foot general retail-,
(C) 3,000 square foot sit-down restaurant;
(D) 63 on -site parking spaces;
(E) Up to 43 off -site parking allowed on the Piazza commercial property at 8050-8080
Santa Teresa Blvd (APN: 790-39-035) to meet the estimated project parking
demand for 102 parking spaces, as proposed (at least 39 shared spaces are required
based on the approved plans, with 63 on -site spaces to meet the 102 total required
spaces); and
(F) The provision of public amenities required to comply with the requirements of the
PUD approval ZI 8-05, which shall be as stipulated under the Special Planning
Conditions.
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2. 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 or conditions of approval
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)
3. Developer means permit applicant, property owner, operator, permittee, lessee, and/or
tenants using the space(s) for the intended uses}. Developer shall comply with project
conditions for the life of the project. (CA, G-2)
4. Developer agrees, as a condition of permit approval, at Developer's own expense, to defend,
indemnify, and hold harmless the City of Gilroy ("the City") and its officers, contractors,
consultants,, attorneys, employees and agents from any and all claim(s), action(s) or
proceeding(s) brought against the City or its officers, contractors, consultants,, attorneys,
employees, or agents to challenge, attack, set aside, void or annul the approval of this
resolution or any condition attached thereto or any proceedings, acts or determinations
taken, including actions taken under the California Environmental Quality Act of 1970, as
amended, done or made prior to the approval of such resolution that were part of the
approval process. (CA, G-3)
5. Failure to appeal this decision in a timely manner, or commencement of any activity related
to the project, is understood to clarify Developer's acceptance of all conditions and
obligations imposed by this permit and waiving any challenge to the validity of the
conditions and obligations stated therein. (CA, G-4)
6. Should Developer intend to request an extension to the permit expiration date, Developer
must submit to the Planning Division a written application with applicable fees prior to the
expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G-
5)
7. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the
Developer, owner or tenant shall be subject to permit revocation or enforcement actions
pursuant to the City Code. All costs associated with any such actions shall be the
responsibility of Developer,, owner or tenant. (CA, G-7)
8. Prior to occupancy, Developer shall complete all required offsite and onsite improvements
related to the project, including structures, paving, and landscaping, unless otherwise
allowed by the Community Development Director, or stated in these conditions. (BL, G-8)
9. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form, using
the form provided by the City, for recording with the Santa Clara County Recorder. Before
the City issues building pen -nits, Developer shall submit the original completed, signed and
notarized document to the Community Development Director or designee. (PL, G-9)
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10. Developer acknowledges that because of water limitations placed on the City by its water
providers, approval of this permit does not guarantee that the city will issue building
permits. Issuance of building permits may be delayed and subject to implementation and/or
compliance with mandated water conservation or allocation plans; pursuant to the provisions
of Municipal Code Chapter 27.98 regarding a Level 3 Water Supply Shortage — Emergency
Condition. (PL/PW, G-10)
11. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall
be consistent with the terms of this permit and the City Code. If there is a conflict between
the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail.
(PL/CA, G- 11)
12. Developer shall obtain building permits for the plans within one (1) year from the date of
this permit approval (i.e., the effective date of concurrent ordinance ZI 8-05). If such
buildings permits are not received within the time frame, this permit shall automatically
become null and void, unless an extension of time is requested prior to the initial I year
expiration date and subsequently approved. (PL, G- 13)
PLANNING DIVISION STANDARD CONDITIONS
13. Developer shall obtain necessary permits prior to initiating any new construction or
modifications authorized under this approval, including but not limited to temporary
construction trailers, temporary staging areas, model home sales offices, advertising signs of
any kind, exterior and interior modifications. Developer shall pay all requisite fees in effect
at the time of plan submittal and/or issuance, as applicable. (PL/BL, PL- 1)
14. Developer shall submit plans for building permit applications that include all exterior
building materials and colors, including product and finish manufacturer name, color name
and number, and surface finish type (e.g. stucco with sand finish, plaster with smooth finish)
to be used in construction. (PL, PL-2)
15. Developer shall submit plans for building permit applications that include, on all sets, a
reproduction of all conditions of approval of this permit, as adopted by the decision -maker.
(PL, PL-3)
16. Developer may not modify any use approved by this permit unless the Community
Development Director or designee determines that Developer has provided the parking
required by the City Code for the modified use. Uses that require less parking intensity and
comply with the applicable zoning will be permitted; e.g., conversion from restaurant to
general retail use. Such determination may require an adjustment or modification to this
permit approval. (PL, PL-5)
17. Prior to issuance of grading permits, Developer shall submit a combined landscape and
lighting plan for development of the subject property APN 790-39-025 (the "Patio"
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commercial project) to verify all project onsite lighting shall be of a type and in a location
that does not constitute a hazard to vehicular traffic, either on private property or on public
property, including streets. Such lighting shall not conflict with drainage plans, landscape
plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL-6)
18. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is directed
downward only, minimizing glare and light pollution,, and shall not cast light on any
adjacent property or roadway. Developer shall recess or conceal any under -canopy lighting
elements so they are not directly visible from any public area. Prior to issuance of building
permits, Developer shall submit a lighting plan for development of the subject property APN
790-39-025 (aka, the "Patio" commercial project) with details of the proposed fixtures and
locations to the satisfaction of the Community Development Director or designee. (PL, PL-
7)
19. Developer agrees, as a permit condition of approval, that no sign advertising the
development project or components thereof, including individual tenants or subdivisions,
shall be installed or maintained onsite or offsite except as allowed and in conformance with
an approved sign permit. (PL, PL-8)
20. Concurrent with or prior to an application for a grading permit, Developer shall apply for a
Santa Clara Valley Habitat Plan permit from the City of Gilroy. The grading permit will be
issued only after payment of assessed fees and approval of the. Habitat Plan permit. (PL, PL-
9)
21. Prior to issuance of a grading permit, Developer shall present to the Community
Development Director or designee, a receipt issued by Santa Clara County for full payment
of the Santa Clara Valley Habitat Plan fees 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)
22. 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 (PLBL, PL-1 1)
"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;
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(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."
23. Prior to issuance of building permits, Developer shall locate rooftop mechanical equipment,
including but not limited to heating and cooling systems, plumbing vents, ducts and other
appurtenances protruding from the roof are recessed or otherwise screened so that they will
not be visible from the front of the property or other major public vantage points. (PL, PL-
29)
24. Developer shall install all roof and building drainpipes and downspouts inside building
elements. These items shall not be visible on any exterior building elevations. (PL, PL-30)
25. Prior to issuance of building permits, Developer shall provide architectural screening for any
exterior utility meters. The final placement and design shall be to the satisfaction of the
Community Development Director or designee. (PL, PL-3 1)
26. Prior to issuance of building permits, Developer shall provide screening of all ground -level
mechanical equipment, post indicator valves, backfiow prevention devices etc. All ground
mounted utility appurtenances such as transformers shall not be visible from any public
right-of-way and shall be adequately screened through the use or combination of concrete or
masonry walls, berms, and landscaping. In addition to the above, backflow preventers shall
be painted dark green, except the fire connection which shall be painted yellow. The final
placement and design of these items shall be to the satisfaction of the Community
Development Director or designee. (PL, PL-32)
27. Prior to issuance of building permits, Developer shall submit and obtain approval of a
master sign program for the project, which shall indicate on the site plan the elevations, the
size, placement, materials, and color of all proposed free-standing and building signs. The
total square footage of all signs for the project shall not exceed the square footage calculated
for the proposed development in accordance with the City Code. (PL/BL, PL-33)
28. Prior to issuance of a sign permit for this site, Developer shall propose well -designed,
quality signs that comply with the allowances of the City Code, and are to the satisfaction of
the Community Development Director or designee. Cabinet or box -style signs will not be
permitted onsite. (PL/BL, PL-34)
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29. Prior to issuance of building permit, Developer shall identify the location and design of
bicycle storage onsite. The placement and design shall be to the satisfaction of the
Community Development Director or designee. (PL, PL-35)
30. Prior to issuance of a certificate of occupancy, Developer shall remove all construction
materials, debris, and vehicles from the subject property. (PURL, PL-37)
31. This permit approval does not allow for any outdoor storage or outdoor activities as part of
the development and/or operation; except for debris collection storage within the trash
enclosure and outdoor seating within areas that may be allowed in patio and expanded
walkway areas, subject to review and approval of the placement and furnishings by the
Community Development Director or designee. Any future consideration of outdoor uses
onsite shall only be considered as allowed by the City Code, including any subsequent
permitting for such outdoor use. (PL, PL-39)
PLANNING LANDSCAPING CONDITIONS
32. Prior to issuance of building permits, Developer shall include and identify landscaping or
other screening method to protect Ware from headlights on the subject property extending
offsite. At the time of planting, such screening shall be maintained at or below three (3) feet
if located in a required street frontage or front yard. Details of required screening shall be to
the satisfaction of the Community Development Director or designee. (PL, PL-4 1)
33. Prior to issuance of building permits, Developer shall (as part of the irrigation system)
include sensors that suspend or alter irrigation operation during unfavorable weather
conditions (e.g. automatic rain shut-off devices). (PL, PL-42)
34. Prior to issuance of building permits or initiation of the proposed use, whichever comes first,
Developer shall submit a completed Landscape Documentation Package, including a soil
analysis/management report along with appropriate application review fees, to the
Community Development Department, including required documentation for compliance
verification, and obtain approval of such plans. (PL, PL-43)
3 5. 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)
36. 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 MWEL®.
(PL,, PL-45)
37. Prior to occupancy or initiation of the proposed use, whichever comes first, Developer shall
submit a signed Certificate of Completion, along with all necessary supporting
documentation and payment to the Community Development Department, for compliance
verification of the landscape installation. (PL, PL-47)
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3 8. Prior to issuance of certificate of occupancy or building permit final sign -off, Developer
shall complete installation of all landscaping and irrigation in accordance with the approved
plans. (PL/ PL-48)
39. Developer is required under MVVELO 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)
40. For the life of the project, Developer shall maintain landscaping and irrigation in accordance
with the approved plans, except as otherwise permitted or required by law. Significant
changes to the number, placement, and selection of plant species may require a modification
to this approval, to be determined by the Community Development Director or designee.
(PL, PL-50)
PLANNING DIVISION SPECIAL CONDITIONS
41. The approved development plans and details for approval AS 17-25, together with the
concurrent Z 18-05 approval, include and 'incorporate the following details (or equivalent) as
submitted by the Developer for approval:
Color Board consisting of the following:
o Medium and dark body colors for building walls (SW 6154 Narce and SW
6172 Hardware);
o Aluminum Dark Bronze Door & Window; Metal Siding with 6" Wood Grain
Dark Walnut;
o 1 " Depth Dark Bronze Aluminum Channel Reveal-,
o Powder Coated Dark Bronze Aluminum Metal Awning;
o Cultured Stone Veneer Ledge Stone;
o Fine Sand Finish Stucco;
o Rust Color Vine Fence
o Bicycle bike, repair station lockers to match, flat black or similar.
"The Patio" Signage Program and Tenant Guidelines document dated January 2018 by
Pinnacle Sign Solutions.
Phillips Lumec and Gardco light standards.
Final colors and materials shall be of durable and high quality materials and finishes within
the palette as proposed. Changes shall be subject to review and approval by the Community
Development Director or designee to confirm substantial conformance with approved
palette, project conditions, and Gilroy City Code.
42. Developer shall specify times and location for loading and unloading activities in lease
agreements, which shall occur outside of regular business hours. If necessary signs shall be
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posted prohibiting loading activity outside of designated hours in order to avoid conflicts.
(PLBL, PL-36)
43. Prior to occupancy, Developer shall obtain approval for public amenities consistent with the
requirements of the PUD overlay district. Amenities shall consist of the following:
(A) Installation of a bicycle repair "fix -it" station on the site, subject to review and
approval of design and location details by the Community Development Director
or designee
(B) Contribution of $10,000.00 toward installation of Gilroy Welcome Signage off -site
at Santa Teresa and First Street intersections.
(C) Developer shall contact the Union Bank property at 8000 Santa Teresa in a
reasonable effort to obtain approval by Union Bank property to allow the City to
install a sign at the property comer, if this location is determined to be feasible.
Modifications, to the proposed public amenities shall be subject to approval by the
Community Development Director or designee to ensure substantial conformance with the
conditions of approval and City Code.
44. Project plans for "The Patio" project development on the subject parcel APN 790-39-025
shall identify electric vehicle, clean air and bicycle parking spaces in compliance with the
Green Building Code Standards. Bicycle parking facilities design and location shall be
subject to review and approval by the Community Director or designee and the Building
Official.
.L-- ...
45. Any change in uses, square footages, etc. shall be subject to further review by the City
Planning Division to confirm that City parking standards shall remain satisfied.
46. Landscaping 'including landscaped setbacks and site improvements shall be installed as
indicated on approved plans. Any changes shall be subject to review and approval of the
Community Development Director or designee to confirm compliance with these conditions
and Gilroy City Code.
PLANNING DIVISION ENVIRONMENTAL CONDITIONS
47. AQ-1. Include basic measures to control dust and exhaust during construction. 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 any construction period ground disturbance, the applicant shall ensure that the project
contractor implement measures to control dust and exhaust. Implementation of the measures
recommended by BAAQMD and listed below would reduce the air quality impacts associated
with grading and new construction to a less -than -significant level. These measures shall be
incorporated into all grading plan sets and the applicant shall implement the following best
management practices:
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• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off -site shall be covered.
• All visible mud or dirt track -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.
• All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
• 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.
ol
• 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, that provides regulations for idling times, shall be provided for construction
workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified mechanic and
determined to be running in n proper condition prior to operation.
0 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.
48. AQ-2. Selection of equipment during construction to minimize emissions. The project shall
develop a plan demonstrating that the off -road equipment used on -site to construct the project
would achieve at least a fleet -wide average of forty-six percent reduction in Diesel Particulate
Matter (DPM) exhaust emissions. The -plan shall be approved prior to the issuance of the first
construction -related permit.
49. CUL-1. Perform Construction Monitoring, Evaluate Uncovered Archaeological Features, and
Mitigate Potential Disturbance for Identified Significant Resources at the Project Site. Prior to
grading or excavation on the Project site, the applicant shall hire a qualified professional
archaeologist (i.e., one who meets the Secretary of the Interior's professional qualifications for
archaeology or one under the supervision of such a professional) to monitor the construction, to
the extent determined necessary by the archaeologist. 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):
"In the event that any prehistoric or historic -period subsurface archaeological features or
deposits, including darkened soil (midden), that could conceal cultural deposits, animal bone,
obsidian and/or mortar are discovered during earth -moving activities, all ground -disturbing
activity within 50 feet of the discovery shall be halted immediately, and the Planning and
Building Divisions shall be notified within 24 hours. City staff shall consult with the Project
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archeologist to assess the significance of the find. Impacts on any significant resources shall be
mitigated to a less -than -significant level through data recovery or other methods determined
adequate by the City and that are consistent with the Secretary of the Interior's Standards for
Archaeological Documentation. If Native American archaeological, ethnographic, or spiritual
resources are discovered, all identification and treatment of the resources shall be conducted by a
qualified archaeologist and Native American representatives who are approved by the local
Native American community as scholars of the cultural traditions. In the event that no such
representative is available- persons who represent tribal governments and/or organizations in and
in
around Gilroy in which resources could be affected shall be consulted."
50. CUL-2. Comply with State Regulations Regarding the Discovery of Human Remains at the
Project Site. Developer shall include the following language on any grading, site work, and
construction plans issued for the project site:
"If human remains are discovered during any construction activities, all ground -disturbing
activity within fifty feet of the remains shall be halted immediately, and the County Coroner shall
be notified immediately, according to Section 5097.98 of the State Public Resources Code and
Section 7050.5 of California's Health and Safety Code. Additionally, the Building Division shall
be notified. If the remains are determined by the County Coroner to be Native American, the
Native American Heritage Commission (NAHC) shall be notified within twenty-four hours, and
the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains.
The Project Sponsor shall also retain a professional archaeologist with Native American burial
experience to conduct a field investigation of the specific site and consult with the Most Likely
Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide
professional assistance to the Most Likely Descendant, including the excavation and removal of
the human remains. The City of Gilroy Planning Division shall be responsible for approval of
recommended mitigation as it deems appropriate, taking account of the provisions of state law,
as set forth in State CEQA Guidelines Section 15064.5(e) and Public Resources Code Section
5097.98. The applicant shall implement approved mitigation, to be verified by the Planning
Division, before the resumption of ground -disturbing activities within 50 feet of where the
remains were discovered."
51. TR- 1. Traffic Signal — I st Street and Kelton Drive. Prior to the issuance of the first building
permit,, the applicant shall submit improvements plans to Caltrans for the installation of a traffic
signal at the intersection of 1st Street and Kelton Drive. Prior to the issuance of the first
occupancy permit, the applicant shall install a traffic signal, or other measures to address
intersection level of service., acceptable to the City and Caltrans.
In the event installation of the traffic signal or other measure(s) to address intersection level of
service is delayed, either by Caltrans or the First Street improvements being constructed by the
City and Caltrans, the applicant shall be permitted to gain occupancy permits on a temporary
occupancy pen -nit basis, subject to submittal of financial securities for the signal improvements
or other measures, to the approval of the City Engineer, to ensure construction of the
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improvement. When the traffic signal or other measure has been installed, the City shall issue the
final Certificate of Occupancy.
52. TR-2. Intersection Improvements — 3rd Street and Santa Teresa Blvd. Prior to the issuance of the
first building permit the applicant shall pay the applicable Traffic Impact Fee as a fair -share
contribution toward the improvements of this intersection.
53. TR-3. Recordation of Parking Agreement: Prior to the issuance of the first building permit, the
applicant shall record a parking agreement with the adjacent site consistent with the requirements
of Gilroy City Code Section 30.31.30(g), to ensure that patrons of the center shall have access to
at least thirty-nine (3 9) parking spaces at all times as long as there is insufficient on -site parking.
The form of the parking agreement shall be approved by the City Attorney.
54. GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line
types and labels to identify different type of utilities and pipe sizes. Clearly identify both
public and private utilities.
55. GENERAL -Improvement plans (as second sheet in plan set) shall contain Approved
Conditions of Approval.
56. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy
General Guidelines.
57. GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities
(Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the
maintenance responsibilities of all facilities.
58. GENERAL - Until such time as the Improvements are accepted by City, Developer shall be
responsible for and bear the risk of loss to any of the Improvements constructed or installed.
59. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local
agencies as required to construct the proposed improvements. A copy of these permits will
be provided prior to building permits.
60. GENERAL — A complete plan set for submittal shall include civil plans, landscape plans,
joint trench plans, lighting plans, and photometric plans. The Developer may request plans
to be deferred only for specific circumstances.
61. GENERAL — Improvement plan set cover sheet shall include an Ownership &
Responsibility table indicating proposed infrastructure ownership and future maintenance
responsibilities.
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62. GENERAL — Improvement plans are required for both on -site and off- site 'improvements;
and improvement plan set cover shall include an index sheet referencing on -site and off -site
improvements.
63. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles
removed along the property frontage.
64. GENERAL -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.
65. GENERAL - Prior to any work within public right of way or City easement, the developer
shall obtain an encroachment permit from the City.
66. GENERAL — Developer is required to confirm the location of existing utility lines along the
project frontage by potholing. Prior to any potholing, developer shall submit a pothole plan
for City review and approval. Developer shall provide the pothole result to the City
Engineer prior to final design.
67. GENERAL — Developer is required to evaluate the conditions of the existing utility lines
along the project frontage by videotaping and providing the result to the City Engineer. If
the integrity of existing utilities found to be compromised, developer will be required to
repair, or remove and replace if necessary, to the City Engineer satisfaction.
68. GENERAL - All improvements shall be designed and constructed in accordance with the
City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all
laws of the City of Gilroy by reference. Street improvements and the design of all off -site
storm drainage facilities, sewer and water lines, and all street sections shall be in accordance
with City Standards and shall follow the most current City Master Plan for streets, as
approved by the City of Gilroy's Public Works Director/City Engineer.
69. GENERAL - Prior to any work within public right of way or City easement, the developer shall
obtain an encroachment permit from the City.
70. GENERAL - Prior to issuance of any building permits, developer shall submit for City approval
water, sewer and storm drain studies for the development. These studies shall provide
supporting hydraulic calculation for pipe sizing that meet City standard design guideline.
71. GENERAL - At first improvement plan submittal, developers engineer shall submit a
calculation for sanitary sewer and water generation by the proposed project. Calculations shall
be prepared per the 'City's Master Plan design criteria and signed and stamped by the civil
engineer.
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72. FEE - The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and
Public Facilities Development Impact Fees. Latest City impact fee schedule is available on
the City's website. Payment of Impact Fees is required at first building permit issuance.
Fees shall be based on the current comprehensive fee schedule in effect at the time of fee
payment, consistent with and in accordance with City policy.
73. FEE - At first improvement plan submittal, Developer shall submit a $10,000 (Ten
Thousand) initial deposit for plan check and processing. This deposit will be
credited/accounted for toward final plan check and inspection fee.
74. FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the
project engineer, subject to City Engineer approval. Cost estimate shall be broken out into
on -site and off -site improvements.
75. FEE -Prior to final plan approval, Developer shall pay 100% of the plan check and processing
fees and other related fees that the property is subject to, enter into a property improvement
agreement, and provide payment and performance bonds.
76. GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge
Elimination System (NPDES) concerns. If all orpartof 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. Specific
measures to control sediment runoff, construction pollution and other potential construction
contamination sediment runoff, construction pollution and other potential construction
contamination shall be addressed through the Erosion Control Plan and Storm Water
Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control
Plan and project improvement plans. These documents shall also be kept on -site while the
project is under construction. A Notice of Intent (NQI) 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. VVDID# shall be added to the grading plans prior to plan approval.
77. GRADING & DRAINAGE - Prior to building permit issuance, the applicant's soils engineer
shall review the final grading, pavement design and drainage plans to ensure that designs for
foundations, retaining walls, site grading, and site drainage are in accordance with their
recommendations and the peer review comments. The applicant's soils engineer's approval
shall then be conveyed to the City either by letter or by signing the plans.
78. GRADING & DRAINAGE - At first improvement plan submittal, 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. Study and the design shall be in compliance with
the City's Stormwater Management Guidance Manual (latest edition). Existing offsite
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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.
79. PUBLIC IMPROVEMENTS — Prior to building permit issuance, developer shall execute a
public improvement agreement and post Payment and Performance bonds each for 100% of
cost for improvement with the City that shall secure the construction of the public
improvements. Insurance shall be provided per the terms of the agreement.
80. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing
improvements not designated for removal that are damaged or removed because of
developer's operations. Developer shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
81. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at
the current hydrant meter rate.
82. CONSTRUCTION - The City shall be notified at least ten (l0) 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.
83. CONSTRUCTION - Construction activity shall be restricted to the period between 7:00 a.m.
to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. with City approval
for general construction activity. No work shall be done on Sundays and City Holidays. The
Public Works Director will apply additional construction period restrictions, as necessary, to
accommodate standard commute traffic along arterial roadways and along school commute
routes.
84. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be
inspected. Uninspected work shall be removed as deemed appropriate by the Public Works
Director.
85. CONSTRUCTION - If the project has excess fill or cut that will be off -hauled to a site or
on -hauled from a site within the city limits of Gilroy, an additional permit is required. This
statement must be added as a general note to the Grading and Drainage Plan.
86. CONSTRUCTION - 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.
87. CONSTRUCTION - The developer shall repair or replace all existing improvements not
designated for removal that are damaged or removed because of developer's operations.
Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs,
pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be
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4840-0863-19300 RESOLUTION NO. 2018-46
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repaired and replaced to a condition equal to or better than the original condition. Existing
repaired
to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access provisions.
Developer shall request a walk-through with the Engineering Construction Inspector before
the start of construction to verify existing conditions.
88. ACCEPTANCE - Until such time as all improvements required are fully completed and
accepted by City, Developer will be responsible for the care maintenance of and any damage
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.
PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL
89. GENERAL — Applicant shall obtain will serve and review letter from Recology confirming
serviceability and site accessibility of solid waste -pickup. Contact Steven Lucchetti,
Operations Manager 408-842-3358.
90. GENERAL - A Title Report shall be submitted with first submittal improvement plans. An
existing site plan shall be submitted showing all existing site conditions and title report
easements.
91. GENERAL - All existing easements (if serving private owners) shall provide approval from
said easement owner.
ai
92. GENERAL - The Developer shall provide a "composite plan" showing Civil, Landscape,
Electrical, and Joint Trench design information (as a separate sheet titled "Composite Plan")
to confirm that there are no conflicts.
93. GENERAL - Studies shall identify the development's effect on the City's present Master Plans
and the impact of this development to surrounding utility lines. If the results of the study
indicate that this development contributes to the over -capacity of the trunk line, developer will
be required to mitigate the impact by remove and replace or capsizing of the existing utilities.
94. GRADING & DRAINAGE - All grading operations and soil compaction activities shall be per
the approved project's design level geotechnical report. All grading activities shall be
conducted under the observation of, and tested by, a licensed geotechnical engineer. A report
shall be filed with the City of Gilroy for each phase of construction, stating that all grading
activities were performed in conformance with the requirements of the project's geotechnical
report. The developer shall add this condition to the general notes on the grading plan.
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95. GRADING & DRAINAGE - All grading plans shall identify the vertical elevation datum, date
of survey, and surveyor.
96. GRADING & DRAINGE - Improvement and grading plans shall show existing topo and
features at least 50' beyond the project boundary. Clearly show existing topo, label contour
elevations, drainage patterns, flow lines, slopes, and all other property encumbrances.
97. PUBLIC IMPROVEMENTS — Prior to building permit issuance, the developer shall obtain
design approval and bond for all necessary public improvements, including but not limited to
the following:
A. New curb, gutter, and 10' sidewalk along Kelton Drive project frontage.
B. New trees along First Street and Kelton Drive.
C. New tree wells shall be located at the back of walk (consistent with the existing street
tree planting program along this section of First Street) and shall have tree grates 4'x6',
model OT-T24 by Urban Accessories. Tree grates shall be black power coated.
D. Removal and replacement of the existing driveway along Kelton Street project
frontage.
E. Relocation of the proposed fire hydrant on the south side of the project driveway
farther south of the driveway, in order to avoid vehicles accidently hitting it as they
make a right -turn out of the project driveway.
F. I st Street & Kelton Drive 'Intersection curb ramps to be reconstructed as necessary to
satisfy new signalized intersection pedestrian crossing.
G. Installation of new City standard streetlights along project frontage. Final streetlight
locations shall be to the satisfaction of the City Transportation Engineer and shall
follow City standards.
H. Extension of the exiting utilities and installation of new utilities, including but not
limited to, water, sewer and storm drain main lines,, services and related facilities.
I. Landscaping and trees along all public street frontages.
J. Existing overhead utilities shall be undergrounded and related utility poles removed
along the property frontage.
K. Grind and overlay the entire width of Kelton Drive frontage with a minimum 2-1/2"
hot mix AC, and with dig -outs and repair as necessary to the City Engineer satisfaction.
Extend of the dig -outs to be determined by field inspection between Developer and
City inspector.
L. The project shall provide pavement markings and stripinp, along project frontage (full
r0i
roadway width).
All improvements must be built to the city Engineer's satisfaction, and accepted by the City
prior to 'issuance of any first certificate of occupancy for the project.
98. CONSTRUCTION - 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)
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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.
99. CONSTRUCTION - The trash enclosure shall be connected to the SS system.
100. CONSTRUCTION — The Developer/Applicant shall submit a proposed construction
phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft
Prospect,- and s- hall -identify the scheduled critical path for the installation of -improvements.
The schedule shall be updated weekly.
101. CONSTRUCTION -At least one week prior to commencement of work, the Developer
shall post at the site and mail to the Engineering Division and to owners of property within
(300') three hundred feet of the exterior boundary of the project site a notice that construction
work will commence on or around the stated date. The notice shall include a list of contact
persons with name, title, phone number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be current at all times and shall consist of
persons with authority to initiate corrective action in their area of responsibility. The names of
individuals responsible for dust, noise and litter control shall be expressly identified in the
notice,
102. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all
improvements shall be completed to the satisfaction of the Planning Director and City
Engineer.
103. CONSTRUCTION - All public improvements, including the complete installation of all
improvements relative to streets, fencing, sanitary sewer, storm drainage.,, water system,,
underground utilities, etc., shall be completed and attested to by the City Engineer before
approval of occupancy of any unit. Where facilities of other agencies are involved, such
installation shall be verified as having been completed and accepted by those agencies.
104. TRANSPORTATION - Any work in the public fight -of -way shall require a traffic control
plan prepared by a licensed professional engineer with experience in preparing such plans.
Traffic n c 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.
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105. TRANSPORTATION - The Project shall comply with all the traffic mitigation measures
identified in the project's Traffic Study.
106. TRANSPORTATION - Developer shall submit final photometric plans prior to first
building permit issuance.
107. TRANSPORTATION - Developer shall install all street light conduits as 2" SCH40
PVC per City Standard EL-1 and related pull boxes shall follow City Standard EL- 14.
108. TRANSPORTATION - At first plan submittal developer shall model all Solid Waste
Vehicle circulation movements, as a 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.
109. TRANSPORTATION - At first plan submittal developer shall model all Emergency
Vehicle circulation movements, as a 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.
110. MONUMENTS — Any monuments get damaged during the construction shall be replaced
and set per the recorded final map. A certificate letter by the Surveyor or Engineer will be
provided to the City Engineer.
111. UTILITIES — All new services to the development shall be "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.
112. UTILITIES - 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-5 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
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the City.
113. UTILITIES -A note shall be placed on the joint trench composite plans which states that
the plan agrees with City Codes and Standards and that no underground utility conflict exists.
The Joint consultant shall provide the City a separate "project utility composite plan" showing
all Civil, Landscape, electrical, and joint trench information to confirm that there are no
conflicts with joint trench plan utilities.
114. UTILITIES - Prior to any construction of the dry utilities in the field, the following Will
need to be supplied to the City:
i. A professional engineer- original electrical plan.
ii. A letter from the design Electrical or Civil Engineer that states the electrical plan
conforms to City codes and Standards, and to the approved improvement plans.
115. UT11LTIES -The Developer/Contractor shall make accessible any or all City utilities as
directed by the Public Works Director.
116. UTILTIES - All mainline storm drain piping shall have a minimum diameter of 18 inches
and the lateral connections shall have a minimum diameter of 15 inches.
117. WATER — Developer shall provide separate irrigation meter to serve this development
landscaping.
118. WATER - The Developer shall perform Fire Hydrant test to confirm water system Will
adequately serve the development, and will modify any part of the systems that does not
perform to the standards established by the City. Developer shall coordinate with Fire
Department for the Fire Hydrant test.
119. WATER CONSERVATION -The project shall fully comply with the measures required
by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27,
Article VI), and subsequent amendments to meet the requirements imposed by the State of
California's Water Board. This ordinance established permanent voluntary water saving
measures and temporary conservation standards.
120. WATER CONSERVATION - Recycled water shall be used for construction water, where
available, as determined by the Public Works Director. Recycled water shall be billed at the
municipal industrial rate based on the current Santa Clara Valley Water District's municipal
industrial rate.
121. WATER QUALITY - Proposed development shall comply with state mandated regional
permits for both pre -construction and post -construction stonnwater quality requirements per
chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following:
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4840-0863-19300 RESOLUTION NO. 2018-46
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a. At first improvement plan submittal, project shall submit a, design level Stormwater
Control Plan Report (in 8 V2x 11 report format), to include background, summary, and
explanation of all aspects of stormwater management. Report shall also include exhibits,
tables, calculations, and all technical information supporting facts, including but not
limited to, exhibit of the proposed site conditions which clearly delineates impervious and
pervious areas on site. Provide a separate hatch or shading for landscaping/pervious areas
on -site including those areas that are not bioretention areas. This stormwater control plan
report format does not replace or is not in lieu of any stormwater control plan sheet in
improvement plans.
b. The stormwater control plan shall include a signed Performance Requirement
Certifications specified in the Stormwater Guidance Manual.
C. Prior to plan approval, the Developer of the site shall enter into a formal written
Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit
A and Exhibit 13.
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 stormwater
management treatment BMPs. The City -standard Stormwater BMP Operation and
Maintenance Agreement will be provided by Public Works Engineering.
I 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 stormwater 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 stormwater management facilities shall be operated and maintained in
good condition and promptly repaired/replaced by the property owner(s) or other
legal entity approved by the City.
V. Any repairs or restoration/replacement and maintenance shall be in accordance with
City -approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of any
stormwater 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 Operations and Maintenance Agreement shall include inspections to be
required for this project and shall adhere to the following:
i. The property owner(s) shall be responsible for having all stormwater management
facilities inspected for condition and function by a certified third party QSP or QSD.
ii. Stormwater facility inspections shall be done at least twice per year, once in Fall by
October I St, in preparation for the wet season, and once in Winter by March 15th.
Written records shall be kept of all inspections and shall include, at minimum, the
following information:
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1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater 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't for the Fall report, and no later than March 151,
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.
122. WATER QUALITY - The developer is responsible for ensuring that all contractors are aware
of all storm water quality measures and implement such measures. Failure to comply with the
approved construction BMPs will result in the issuance of correction notices, citations or a prof" ect
stop order.
123. WATER QUALITY -The developer shall secure a QSD or QSP to maintain all erosion
control and BMP measures during construction. The developers QSD or QSP shall provide the
City weekly inspection reports.
124. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management
water treatment plan.
125. TRAFFIC SIGNAL — Per the project Traffic Impact Analysis dated June 26, 2018, the
applicant shall procure all equipment and install, at his cost, signal improvements at the
intersection of First/Kelton. The signal equipment shall be to Caltrans standards, with the
exception of the signal equipment controller type as specified herein. The signal equipment
shall include a 2070 controller, type 332 cabinet, and meet the requirements of the City Traffic
Signal Design Standards. Signal equipment shall be installed at the back of walk, wherever
feasible, to provide for a clear sidewalk at the intersection. Design shall be to the approval of
Caltrans and the City Engineer, and shall be installed prior to occupancy of the first project
building. (PUBLIC WORKS, NIND Mitigation).
126. EMPLOYEE PARKING — The applicant shall designate an appropriate amount of parking
spaces on The Piazza site for project site employees. The parking spaces shall be clearly
marked and signed. The applicant shall ensure that all project site employees are required to
park in the off -site locations, and not on the project site. The applicant shall provide a plan, in
;
writing, to the approval of the Planning ..In
..L Manager and City Engineer indicating how this
requirement will be met, and said plan shall be approved by the Planning Manager and City
Engineer prior to occupancy of the first site building. (PLANNING, PUBLIC WORKS)
25
4840-0863-19300 RESOLUTION NO. 2018-46
JH104706089
127. BICYCLE PARKING —The applicant shall provide both long-term bicycle lockers and
bike racks on -site, as shown on the approved site plan, to the approval of the City Engineer.
(PUBLIC WORKS)
128. OFF -HOURS MATERIAL DELIVERY — The applicant shall coordinate with the future
site operators so that all site delivery of materials and goods are delivered off -hours and on -
site. This will allow the on -site customer parking for the development site to be utilized
during business hours, and not be impacted by the staging of delivery vehicles. The applicant
shall provide a written plan, to ensure that this condition is satisfied, prior to occupancy of the
first site building. The plan shall be to the approval of the Planning Manager and City
Engineer. (PLANNING, PUBLIC WORKS)
FIRE CONDITIONS OF APPROVAL
(Note standard conditions may include items which are not being proposed for this project at
this time, but are included for informational purposes)
129. Fire Access Roadways and Fire Water Supply shall be shown on the Civil Plans to be a
complete A & S submittal. Fire Access and Water Supply shall comply with Chapter 5 of the
IFC/CFC as amended by the City of Gilroy.
(A) Two Fire Access driveways are required
0 For buildings exceeding 3 stories or 30 ft in height
0 When there is an individual building exceeding 62,000 sq ft in area
0 When a building project or complex exceeds 120,000 sq ft of total building area
(B) Fire access shall not be less than 20 feet in width. For buildings 3 or more stories in height
access roadways shall be a minimum of 26 feet wide. The proposed project does not
include 3 story buildings. Fire access shall be completed to the satisfaction of the Fire
Marshal prior to approval of the Architectural and Site process.
(C) Buildings shall not have high voltage power lines pass over them and shall have a
minimum horizontal set -back of 10 feet from such lines.
(D) Fire Access roadways shall be shown on the Civil and site plans. A 150 ft radius shall be
identified that shows access from the roadways to the most remove building, storage
and/or use area. A striping & signage plan shall be included.
(E) Gates shall be shown on the AS site plan. A building permit shall be obtained prior to
installation of a gate. Gates shall provide Fire and PD KNOX key access and be recessed
per City Engineering Standards. Electric gates shall be equipped with Click to Open
technology to eliminate delays in fire response. No gates currently proposed for this
project. Standard condition only applicable if gates were to be installed.
(F) Private Firewater Supply (underground), shall be designed to the NFPA 24 standard and
subj ect to a permit from the Fire Marshal's office. Private Fire Water Supply to a property
shall consist of an aboveground DDCA. In many projects, the FDC can be integrated
with the DDCA. In those cases, a public hydrant (street hydrant) shall be within 50
ft of the DCCA unless otherwise exempted. The DDCA shall be provided with
supervision (monitoring). A Fire Flow calculation for the project shall be based on the
largest building and its construction type in conformance with the IFC/CFC Appendix B
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4840-0863-19300 RESOLUTION NO. 2018-46
A04706089
-r-11 Tests
a
Table B 105. Fire Flow are conducted by the Fire Marshal by request and payment of
applicable fees. Note that 6" is the minimum underground fire hydrant supply line pipe
size. 8" supply line pipe has been proposed.
(G) When two Fire Access Driveways are required, a Looped Fire Line is also required
(connected to the Public Mains at each driveway via the City Standard DDCA/FDQ. For
multiple buildings on a site each shall have a supervised PIV and FDC with a tag
indicating the building to which it is connected.
(H) Private (site) Fire Hydrants are required such that there is a hydrant within 150 feet of the
most remote part of any building, combustible materials, or hazardous operations.
Hydrant details shall refer to the City Standards.
130. The following Conditions listed are standard conditions to be provided as notes on the
Building Permit Submittal. Some systems require a separate permit from the Fire Marshal as
noted.
(A) Buildings over 3 600 sq ft shall have a fire sprinkler system installed. Buildings 4 stories
and higher shall have a dedicated and pressurized standpipe,(fire pump). Not applicable
for this project. Fire Sprinkler Systems and Fire Pumps require a separate installation
Permit from the Fire Marshal and are subject to the appropriate NFPA standards. Contact
the Fire Marshal's office for Fire Protection system questions.
(B) Any building with a specific occupant and use shall submit plans and information
regarding Fire Code Permit Operations (Fire Code Chapter 105.6), including but not
limited to high piled storage,, rack storage,, storage of combustible commodity,
refrigeration systems, hazardous materials and any processes regulated by the Fire Code as
adopted by the City of Gilroy.
(C) For Shell Only (Spec) Buildings and multi -tenant sites, tenants shall obtain Fire Permits
and a Business License prior to occupancy by that tenant. The tenant shall submit plans, as
needed, by the Fire and Building Official, to verify Occupancy Classification and occupant
load factor/exiting requirements as well as compliance with the various codes and
standards for that use. In some cases a change of use or tenant improvement permits will
be required.
(D) All aboveground and underground tanks with contents identified shall be shown on the
architectural and site plan submittal. Size and type of tank (and listing agency) shall be
identified. All tanks shall be provided with secondary containment and spill control. No
hazardous materials tanks have been proposed for this project.
(E) SCRWA Ordinance 13-1 requires industrial and commercial discharges (non -domestic) to
the sanitary sewer to be managed under a permit. Businesses using more than 10,000
gallons / day shall obtain a significant discharge permit. Please see the SCRWA Ordinance
at: http://ca-vilroy.civicplus.com/232/Sewer-Ordinance
(F) All new commercial and industrial buildings shall have a sewer test manhole installed on
the property (see City Specifications) and in an area that can be readily accessed by an
inspector, (minimum of one for each building). For tenants with industrial waste treatment
systems, a separate sewer test manhole may be required.
(G) For Restaurants and Food Preparation/Processing when an in -ground grease/oil interceptor
is required it shall be shown and specifications included on the Architectural and Site
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4840-0863-19300 RESOLUTION NO. 2018-46
JH\04706089
Review Plans. In ground interceptors shall have a test manhole/inspector box located
immediately after the grease interceptor. The grease interceptor shall not be blocked
but shall be accessible for service/inspection. Exterior interceptors in drive areas shall be
traffic rated.
(H) When vehicle or equipment washing is proposed show wash pad location on Architectural
and Site Review Plans. Pursuant to the Sewer Ordinance all wash -waters shall be
discharged to the Sanitary Sewer via a sand/oil interceptor. Rain water shall not be
allowed and means to prevent rainwater intrusion provided.
(I) City Code Chapter 27C provides requirements for Storm Water Pollution Prevention.
http://www.codepublishin�.com/CA/Gilro-v/#!/Gilrov27C.html
(J) For Food Facilities, Grocery Stores and other sites with food waste: Trash Enclosures are
required to be covered where there are food wastes and/or grease generated. They shall
provide room for tallow bins, as well as garbage and recycling. Floors of trash enclosures
shall not drain to the front of the enclosure. The enclosure shall be maintained clean using
dry cleaning methods. The trash enclosure shall be secured against unauthorized use (i.e.
doors- shall be lockable),
(K) Discharge of any materials,, wastes, wastewater,, dirt,, or debris to the City's storm water
collection system., streets, channels or creeks is not permitted. Buildings and exterior uses
shall be provided with Best Management Practices and controls to prevent, or eliminate,
pollutants from the site's storm water runoff prior to entering the city's system, a street,
channel or creek. Sources of Pollutants and the storm water BMP's and/or treatment
systems shall be shown on the architectural and Site Review Plans for the kinds of uses
and operations to be conducted on the site.
28
4840-0863-19300
JH\04706089 RESOLUTION NO. 2018-46
Exhibit B
(Under Separate Cover)
29
4840-0863-19300 RESOLUTION NO. 2018-46
JH\04706089
City of Gilroy, California
Community Development Department
Planning Division
7351 Rosanna Street,, Gilroy,, CA 94583
Project Name: 1st Street & Kelton Drive Commercial Project
Project Number: Zone Change ZC18-05
Architectural and Site Review - AS 16-19
Address/ Location: Northwest corner of 1st Street and Kelton Drive,, City of
Gilroy,, CA
-- ------- ---------------------- _ . .. ... ........
The Mitigation Monitoring and Reporting Program (MMRP) has been prepared in according to Section
21081.6 of the California Environmental Quality Act (CEQA) and 15097 of the CEQA Guidelines, which
requires a MMRP as part of the Mitigated Negative Declaration (MND) process. The results of the
environmental analysis., including findings related to the proposed mitigation measures, are documented in
the Final MND.
CEQA requires that agencies adopting MNDs take the necessary steps to ensure that designated mitigation
measures are appropriately implemented during all stages of the project including construction and
throughout the project build -out. Therefore, the purpose of this MMRP is to document execution of
required mitigations,, identify the appropriate entity responsible for mitigation monitoring and reporting.,
document and establish frequency/duration of monitoring and reporting,, and ultimately to ensure
compliance.
The following MMRP matrix lists each of the mitigation measures adopted as a condition of project
approval, the method required for implementation, the party or permit responsible for implementing the
measures., the timeframe for which the measure is relevant,, and the status of compliance.
AQ-1. Include basic measures to control dust and exhaust during Inclusion of measures on
construction. approved construction plan
During any construction period ground disturbance, the applicant shall sets..
ensure that the project contractor implement measures to control dust and
exhaustImplementationof -the measures recommended-by-BAAQMD -and
listed below would reduce the air quality impacts associated with grading
and new construction to a less -than -significant level. These measures shall
be incorporated into all grading plan sets and the applicant shall implement
the following best management practices:
• All exposed surfaces (e.g., parking areas, staging areas., soil piles.,
graded areas., and unpaved access roads) shall be watered two times
per day.
• All haul trucks transporting soil., sand., or other loose material off -site
shall be covered.
• All visible mud or dirt track -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.
• All vehicle speeds on unpaved roads shall be limited to 15 miles per
hour (mph).
• 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.
• 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., that provides regulations for idling times., shall be provided
for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified mechanic and determined to be running in
proper condition prior to operation.
• 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
City of Gilroy Prior to issuance of
grading and building
permits.
OCTOBER 2018 1 m-group.us P A G E 11 GILROY I 1ST STREET 81 KELTON DRIVE COMMERCIAL
FINAL LITIGATION MONITORING AND REPORTING PROGRAM
_
• e • A A
6 B •
with applicable regulations.
•
A
AQ-2. Selection of equipment during construction to minimize
Inclusion of approved plan on City of Gilroy Prior to issuance of
emissions. The project shall develop a plan demonstrating that the
approved construction plan grading and building
off -road equipment used on -site to construct the project would
sets. permits.
achieve at least a fleet -wide average of forty-six percent reduction
in Diesel -Particulate Matter (DPM) exhaust emissions.- The plan shall
be approved prior to the issuance of the first construction -related
permit.
� t a M
CUL-1. Perform Construction Monitoring, Evaluate Uncovered
Submit a signed copy of the City of Gilroy Prior to the issuance
Archaeological Features, and Mitigate Potential Disturbance for
contract with a qualified of the first grading or
Identified Significant Resources at the Project Site.
professional archeologist. building permit.
Prior to grading or excavation on the Project site, the applicant shall hire a
qualified professional archaeologist (i.e., one who meets the Secretary of
the Interior's professional qualifications for archaeology or one under the
supervision of such a professional) to monitor the construction, to the
extent determined necessary by the archaeologist. In the event that any
prehistoric or historic -period subsurface archaeological features or
deposits, including darkened soil (midden), that could conceal cultural
deposits, animal bone, obsidian and/or mortar are discovered during earth -
moving activities, all ground -disturbing activity within 50 feet of the
discovery shall be halted 'immediately, and the Planning and Building
Divisions shall be notified within 24 hours. City staff shall consult with the
Project archeologist to assess the significance of the find. Impacts on any
significant resources shall be mitigated to a less -than -significant level
through data recovery or other methods determined adequate by the City
and that are consistent with the Secretary of the Interior's Standards for
Archaeological Documentation. If Native American archaeological,
ethnographic, or spiritual resources are discovered, all identification and
treatment of the resources shall be conducted by a qualified archaeologist
and Native American representatives who are approved by the local Native
American community as scholars of the cultural traditions. In the event
that no such representative is available, persons who represent tribal
governments and/or organizations in and around Gilroy in which resources
could be affected shall be consulted.
OCTOBER 2018 1 m-group.us
P A G E 12 GILROY ( IST STREET & KELTON DRIVE COMMERCIAL
CUL 2. Comply with State Regulations Regarding the Discovery of
Noted on the approval City of Gilroy Prior to the issuance
Human Remains at the Project Site.
construction plan set. of the First grading or
If human remains are discovered during any construction activities., all
building permit.
ground -disturbing activity within fifty feet of the remains shall be halted
immediately., and the County Coroner shall be notified immediately.,
according to Section 5097.98 of the State Public Resources Code and
Section 7050.5 of California's Health and Safety Code. Additionally, the
Building Division shall be notified. If the remains are determined by the
County Coroner to be Native American,, the Native American Heritage
Commission (NAHC) shall be notified within twenty-four hours, and the
guidelines of the NAHC shall be adhered to in the treatment and disposition
of the remains. The Project Sponsor shall also retain a professional
archaeologist with Native American burial experience to conduct a field
investigation of the specific site and consult with the Most Likely
Descendant,, if any, identified by the NAHC. As necessary, the archaeologist
may provide professional assistance to the Most Likely Descendant.,
including the excavation and removal of the human remains. The City of
Gilroy Planning Division shall be responsible for approval of recommended
mitigation as it deems appropriate., taking account of the provisions of
state law,, as set forth in State CEQA Guidelines Section 15064.5(e) and
Public Resources Code Section 5097.98. The applicant shall implement
approved mitigation,, to be verified by the Planning Division., before the
resumption of ground -disturbing activities within 50 feet of where the
remains were discovered.
TR-1. Traffic Signal — 1st Street and Kelton Drive. Prior to the
Verification of the submittal of a City of Gilroy Prior to issuance of
issuance of the first building permit,, the applicant shall submit
complete application to first building permit.
improvements plans to Caltrans for the installation of a traffic signal at the
Caltrans,
intersection of 1st Street and Kelton Drive.
Prior to the issuance of the first occupancy permit, the applicant shall Approval of an encroachment
install a traffic signal., or other measures to address intersection level of permit by Caltrans allowing the
service, acceptable to the City and Caltrans. intersection improvements.
In the event installation of the traffic signal is delayed, either by Caltrans
or the First Street improvements being constructed by the City and
Caltrans, the applicant shall be permitted to gain occupancy permits on a
City of Gilroy Prior to the first
occupancy permit.
OCTOBER 2018 1 m-group.us P A G E 13 GILROY I IST STREET & KELTON DRIVE COMMERCIAL
temporary occupancy permit basis,, subject to submittal of financial
securities for the signal improvements, to the approval of the City
Engineer, to ensure construction of the improvement. When the traffic
signal has been installed,, the City shall issue the final Certificate of
Occupancy.
TR2. Intersection Improvements — 3rd Street and Santa Teresa Payment of Fee, presentation of City of Gilroy Prior to issuance of
Blvd. Prior to the issuance of the first building permit the applicant shall receipt. grading or building
pay the applicable Traffic Impact Fee as a fair -share contribution toward permit.
the improvements of this intersection.
TR3. Recordation of Parking Agreement: Prior to the issuance of the Proof of recordation of the City of Gilroy Prior to issuance of
first building permit., the applicant shall record a parking agreement with approved parking agreement. first building permit.
the adjacent site consistent with the requirements of Gilroy City Code
Section 30.31.30(g)., to ensure that patrons of the center shall have access
to at least thirty-nine parking spaces at all times as long as there is
insufficient on -site parking. The form of the parking agreement shall be
approved by the City Attorney.
FWI
OCTOBER 2018 1 m-group.us P A G E 14 GILROY I 1ST STREET & KELTON DRIVE COMMERCIAL
L SHAWNA FREELS!, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2018-46 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 3rd day of December, 2018, at which meeting a quorum was present.
IN WITNESS WHEREOF,, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 4th day of December, 2018.
Sha a Freels, MMC , V
City Clerk of the City of Gilroy
(Seal)