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Resolution 2019-01RESOLUTION NO.2019-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ARCHITECTURAL AND SITE REVIEW AS 16-19, A PLANNED UNIT DEVELOPMENT ARCHITECTURAL AND SITE REVIEW FOR THE CONSTRUCTION OF THE 78 UNIT MIXED -USE MONTEREY APARTMENT DEVELOPMENT PROJECT, FILED BY JAN HOCHHAUSER WHEREAS, Jan Hochhauser submitted an application requesting an architectural and site review ("AS 16-19") to approve the architectural and site design of the Monterey Apartment mixed -use development project ("Project"); and WHEREAS, the subject property is located to the north of downtown Gilroy and is on the west side of Monterey Road, where Union Pacific railroad tracks and vacant land are on the east of subject parcel, aka, 8955 Monterey Road (APN 790-14-025); and WHEREAS, the Mitigated Negative Declaration (MND) prepared for the Project determined that while the proposed Project would result in less than significant effects on the environment, the Project has been mitigated to a point where no significant effects will occur; and WHEREAS, said AS 16-19 was referred to various city departments, including the Technical Advisory Committee, for recommendations; and WHEREAS, the Planning Commission of the city of Gilroy has considered AS 16-19 on October 4, 2018, in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations and recommended to the City Council approval of AS 16-19; and WHEREAS, on November 19, 2018 the City Council of the City of Gilroy considered the staff report along with testimony received at the duly -noticed public hearing and other materials and continued the public hearing for AS 16-19 to January 7, 2019; and WHEREAS, on January 7, 2019 the City Council of the City of Gilroy considered the staff report along with testimony received at the continued public hearing and other materials related to AS 16-19; and WHEREAS, the City Council finds that AS 16-19 conforms to the City's General Plan and Zoning Ordinance, and elements thereof, including the High Density Residential land use designation and R4 residential zoning district; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby approves AS 16-19, subject to the conditions attached hereto as Exhibit A and Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit B. 43-4020v1 JH\04706089 RESOLUTION NO. 2019-01 H10470 PASSED AND ADOPTED this 7 h day of January 2019 by the following vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, MARQUES, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE /TTEST- S a Freels, City LEROE-MUNOZ, ZAP O ED: i\\ Role rid *elasco, Mayor M04706089 ov1 RESOLUTION NO. 2019-01 JH104706089 AS 16-19 EXHIBIT A CONDITIONS OF APPROVAL Note: The following abbreviations identify the City department or division responsible for determining compliance with these conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. An internal condition reference number is located at the end of each condition (e.g. G-1 or MND-S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CC Chemical Control Agency PW Public Works/Engineering FP Fire Prevention TR Traffic Division PD Police Department WW Wastewater/Source Control GENERAL PROJECT CONDITIONS 1. Approval of AS 16-19 & Z 17-03 Located at 8955 Monterey Road, Gilroy, PROJECT NUMBER (# [16050028 & 17030060] (hereinafter "this permit") is granted for approved plans stamped as "Approved on 01 /07/2019" ("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. The project shall include the rear pedestrian access from the subject site to Weaver Court, and that access shall be controlled and monitored by the onsite management company to avoid spillover parking on Weaver Court. (PL, G-1) 2. 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. 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 43-4020v1 JH\04706089 RESOLUTION NO. 2019-01 H10470 amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-3) 4. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G-4) Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G- 5) 6. Prior to issuance of building permits, Developer shall correct all violations of the City Code, if any, existing on the project property for which the City has open cases. (PL/CE, G-6) 7. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant. (CA, G-7) 8. Prior to occupancy, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. (BL, G-8) 9. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document to the Community Development Director or designee. (PL, G-9) 10. Developer shall request a Pre -Con meeting with City staff prior to issuance of building / grading permit. 11. Developer acknowledges that because of water limitations placed on the City by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and/or compliance with mandated water conservation or allocation plans. (PL/PW, G-10) 12. Developer shall obtain building permits for the plans within one (1) year from the date of this permit approval. If such buildings permits are not received within the time frame, this permit shall automatically become null and void. (PL, G-13) 13. Approval of this permit is subject to approval of AS 16-19 and Z 17-03. Should any of those application(s) be rescinded or not approved, this approval shall immediately become null and void. (PL, G-16) M04706089 v1 RESOLUTION NO. 2019-01 JH104706089 PLANNING DIVISION STANDARD CONDITIONS 14. Developer shall obtain necessary permits prior to initiating any new construction or modifications authorized under this approval, including but not limited to temporary construction trailers, temporary staging areas, model home sales offices, advertising signs of any kind, exterior and interior modifications. Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable. (PLBL, PL-1) 15. Developer shall submit plans for building permit applications that include all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type (e.g. stucco with sand finish, plaster with smooth finish) to be used in construction. (PL, PL-2) 16. Developer shall submit plans for building permit applications that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision -maker. (PL, PL-3) 17. Prior to issuance of building permits, Developer shall provide to the Planning Division digital photos or copies of full-size colored elevations, color and material sample boards, perspective illustrations, and any other colored exhibit approved by the decision -maker. The colored elevations should be prepared based on the latest and approved plans including architectural, civil and landscaping plans. (PL, PL-4) 18. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. Such determination may require an adjustment or modification to this permit approval. (PL, PL-5) 19. Prior to issuance of grading permits, Developer shall submit a combined landscape and lighting plan to verify all project onsite lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL-6) 20. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is directed downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Developer shall recess or conceal any under -canopy lighting elements so they are not directly visible from any public area. Prior to issuance of building permits, Developer shall submit a lighting plan with details of the proposed fixtures and locations to the satisfaction of the Community Development Director or designee. (PL, PL- 7) 4049-00v1 JH104706089 RESOLUTION NO. 2019-01 6089 21. Developer agrees, as a permit of condition approval, that no sign advertising the development project or components thereof, including individual tenants or subdivisions, shall be installed or maintained onsite or offsite except as allowed and in conformance with an approved sign permit. (PL, PL-8) 22. Concurrent with or prior to an application for a grading permit, Developer shall apply for a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The grading permit will be issued only after payment of assessed fees and approval of the Habitat Plan permit. (PL, PL- 9) 23. Prior to issuance of a grading permit, Developer shall present to the Community Development Director or designee, a receipt issued by Santa Clara County for full payment of the Santa Clara Valley Habitat Plan fees 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) 24. To minimize potential construction -related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site (PLBL, PL-11) "During earth -moving, grading, and construction activities, Developer shall implement the following measures at the construction site: (A) Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City -observed holidays; (B) Locate stationary noise -generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; (C) Construct 7-ft minimum masonry sound wall or other noise reduction measures along the northern, western and southern property lines prior to developing the project site. This requirement supersedes the 7-inch sound wall reference as shown on the approved plans. The required sound wall shall be constructed pursuant to GCC 30.34.30.b and that the developer shall bear the responsibility of constructing a comprehensive shared fence with the adjacent residential properties; (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." M04706089 v1 RESOLUTION NO. 2019-01 JH104706089 25. To minimize potential construction -related impacts to air quality, Developer shall include the following language on any grading, site work, and construction plans issued for the project site (PLBL, PL-12): "During earth -moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site: (A) All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; (B) All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered; (C) All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; (D) All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour; (E) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; (F) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; (G) All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified visible emissions evaluator; and (H) Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations." 26. In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site (BL/PL, PL-13): "If archaeological or cultural resources are discovered during earth -moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer's expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party. 55 4849-0813-40200 RESOLUTION NO. 2019-01 JH104706089 27. In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans (BL/PL, PL- 14): "If human remains are found during earth -moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner." 28. Developer shall install all roof and building rain gutters and downspouts, vents, and flashing to integrate as closely as possible with building design elements, including matching the color of the adjacent surface. (PL, PL-15) 29. Prior to issuance of building permits, Developer shall provide utility meters, mechanical equipment, mailboxes and address directories, placed in decorative cabinets and clustered for efficient access by residents and service persons. The final placement and design shall be to the satisfaction of the Community Development Director or designee. (PL, PL-16) 30. Prior to issuance of building permits, Developer shall provide screening of all mechanical equipment, post indicator valves, backflow prevention devices etc. All ground mounted utility appurtenances such as transformers shall not be visible from any public right-of-way and shall be adequately screened through the use or combination of concrete or masonry walls, berms, and landscaping. In addition to the above, backflow preventers shall be painted dark green, except the fire connection which shall be painted yellow. The final placement and design of these items shall be to the satisfaction of the Community Development Director or designee. (PL, PL-17) 31. Developer shall provide automatic garage door openers for all garages. All garage entries closer than 23 feet to the front property line shall be equipped with a sectional roll -up garage door. (PL, PL-18) M04706089 v1 RESOLUTION NO. 2019-01 JH104706089 32. Building additions and patio covers shall conform to the requirements of the R4 zone district setbacks, or as otherwise approved by this permit or by Z 17-03. The design of such addition or patio cover shall match the materials and style of the residence. (PL, PL-20) 33. Developer shall provide masonry walls along project perimeter property lines. Interior lot lines may be delineated by fencing, constructed of wood material. (PL, PL-22) 34. Prior to issuance of building permits, Developer shall include identify the placement and design of directory sign(s) and location map(s) for multi -family residential projects. Such signs/maps shall be installed prior to occupancy of the first unit. (PL, PL-23) 35. Light standards illuminating interior walkways shall be not more than eight (8) feet in height, and shall not intrude into the private living or patio areas. Light standards serving recreational areas held in common shall be no more than 15 feet in height, and shall be directed away from dwelling units. PL, PL-26) 36. 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) 37. 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) 38. 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-31) 39. Prior to issuance of building permits, Developer shall provide screening of all ground -level mechanical equipment, post indicator valves, backflow prevention devices etc. All ground mounted utility appurtenances such as transformers shall not be visible from any public right-of-way and shall be adequately screened through the use or combination of concrete or masonry walls, berms, and landscaping. In addition to the above, backflow preventers shall be painted dark green, except the fire connection which shall be painted yellow. The final placement and design of these items shall be to the satisfaction of the Community Development Director or designee. (PL, PL-32) 40. 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 should be in compliance with GCC Section 30.37. (PL/BL, PL-33) 434020u1 JHkG4706089 RESOLUTION NO. 2019-01 H10470 41. 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. (PLBL, PL-34) 42. Prior to issuance of building permit, the identified location and design for onsite temporary bicycle storage should be verified. Permanent bicycle storage should be shown per the approved plan. The placement and design shall be to the satisfaction of the Community Development Director or designee. (PL, PL-35) 43. Prior to issuance of building permit, Developer shall stripe all loading zones, if any, whether situated outside or inside a structure, for loading and unloading activities only and shall post a sign prohibiting storage or other non -loading activity within the designated loading zone. (PLBL, PL-36) 44. Prior to issuance of a certificate of occupancy, Developer shall remove all construction materials, debris, and vehicles from the subject property. (PLBL, PL-37) 45. This permit approval does not allow for any outdoor storage or outdoor activities as part of the development and/or operation. 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 46. Prior to issuance of building permit, the landscape plan should include a minimum of 3-ft landscaping strip around the perimeter of subject property and a 7-foot sound wall along the northern, western and southern property line for off -site noise reduction. The walls should be incorporated with onsite landscaping element and constructed between the proposed development and the existing properties. Sound wall should be constructed or treated with material that is graffiti resistant. 47. Prior to issuance of building permits, Developer shall identify landscaping or other screening method to protect glare from headlights on the subject property extending offsite. At the time of planting, such screening shall be maintained at or below three (3) feet if located in a required street frontage. Details of required screening shall be to the satisfaction of the Community Development Director or designee. (PL, PL-41) 48. 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) 49. Prior to 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, M04706089 0v1 RESOLUTION NO. 2019-01 JH104706089 including required documentation for compliance verification, and obtain approval of such plans. (PL, PL-43) 50. 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) 51. 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 landscape ordinance. (PL, PL-45) 52. Prior to final occupancy, 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) 53. Prior to issuance of certificate of occupancy, Developer shall complete installation of all landscaping and irrigation in accordance with the approved plans. (PL/ PL-48) 54. 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) 55. 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 56. Amenities proposed for the residential development as shown on the approved plans include the following: a multi -purpose room, an indoor gym, a laundry facility, a bike storage for 80 bikes, four separate resident storage areas, a roof top terrace area and two enclosed (2) playgrounds. 57. Project Scope: Five -story mixed -use development that includes approximately 4,435 square feet of commercial space facing Monterey Road that can occupy up to four (4) businesses. 78 apartments units are located over the commercial uses that range from 1 to 4 bedroom units. Of the 78 residential units, 69 units are at market -rate and no more than 9 units will be available to lower -income households (low, very -low and extremely -low income) for a minimum of 55 years, as required by the State Density Bonus law. Any modification to the total number of affordable units provided onsite is subject to City Council's approval 43-4020v1 JH\04706089 RESOLUTION NO. 2019-01 H10470 The development includes a Density Bonus request, for a 27.5% increase above the R4 density standards to achieve the total of 78 units. Nine of the units would be maintained as low-income affordable units. As part of the Density Bonus request, the applicant requests allowance for compact spaces as the project concession. 58. Public amenities proposed for the development as shown on the approved plans include the following: bus shelter, wider sidewalk improvement, a centralized piazza area with seating area and low canopy trees in front the commercial businesses on Monterey Road frontage, and a piece of public art that is produced by a local artist not to exceed the total value of $10,000. Parking Spaces 59. Total parking provided for both residential and commercial uses is 171 spaces, 5 spaces exceeding the minimum requirement. Parking is calculated based ratio stipulated in the State Density Bonus provisions for 8 one -bedroom units, 32 two -bedroom units, 37 three - bedroom units and 1 four -bedroom unit (total of 148 spaces for the apartment use). 18 parking spaces and 1 loading space are shown at the front of property to serve the commercial spaces. All commercial spaces should be reserved and clearly delineated. Intended commercial uses include retail, office and/or small food establishment. If other commercial uses are proposed in which additional parking spaces are required, further planning review and approval may be warranted. Parking Dimension 60. Standard parking space for residential uses should be 10-ft wide x 20-ft deep. Standard parking space for commercial uses should be 9-ft wide x 18-ft deep. Of the total parking spaces provided, 25% of total parking count can be compact spaces which cannot be smaller than 8.5-ft wide x 14-ft deep. Tandem compact spaces are allowed as a concession through the Density Bonus approval, and minimum dimension should be 9-ft wide x 14-ft deep. 61. All tandem parking should be provided per approved plans and for residential uses only. No tandem parking for commercial uses are allowed. 62. Developer shall maintain the parking areas free or liter and debris. Developer shall sweep sidewalks, drive aisles, and parking lots regularly to prevent accumulation of litter and debris. When swept or cleaned, debris must be trapped and collected to prevent entry into the storm drain system. Developer may not discharge any cleaning agent into the storm drain system. Parking Management Plan 63. A parking management plan that assigns parking spaces for each residential unit should be included in the rental agreement. The plan should include and indicate the location of guest spaces and the assignment of spaces to unit within the development. The onsite management company shall ensure and monitor that there is no offsite parking affecting the Weaver Court neighborhood. An annual parking monitoring program should be submitted 4049-00v1 JH104706089 RESOLUTION NO. 2019-01 6009 to City staff for review. Prior to issuance of final occupancy, a sample rental agreement should be submitted to City staff for review to ensure its adequacy. Should onsite parking is found to be insufficient and causing any congestion program to the existing neighborhood, then the Architecture and Site Review permit may be subject to revocation or modification. Placement of Satellite Dishes 64. Prior to issuance of building permits, the applicant shall submit a plan that will eliminate the use of any satellite dishes located on the exterior of individual apartment units for review. Density Bonus and Affordability 65. The project proposes a 27.5% density bonus above the R4 density standards and one concession to allow compact spaces. 66. Prior to issuance of building permits, Developer shall execute and record an agreement with the City that will ensure the continued affordability of all units within the project for a minimum period of 30 years. The agreement should be recorded as a deed restriction with the Santa Clara County Recorder's Office which explains the affordability requirement and ensures that continued affordability consistent with GCC Section 30.46.40(i)(4). A longer period may be necessary if required by the construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program. 9 units (15%) shall remain for low-income households. 67. The developer shall enter into a contract with the city agreeing to restrict the rental rates of affordable units and age of residents within this development, such that they are consistent with the State Densitv Bonus provisions of Gilroy City Code see4 o 30.46.40. This condition shall be subject to the review and approval of the Planning Division Manager. Trash Enclosure 68. Prior to issuance of building permit, location of the trash enclosure should be shown per the approved plans (one in the middle of the residential building and one towards the front of property). The developer shall ensure that the trash enclosure is consistent with the architecture, exterior color and material of the main building. A solid cover for the trash enclosure should be included. Pedestrian Pathway to Weaver Court 69. Entrance from Weaver Court to the proposed residential development should be provided via an electronic key fob issued to current resident only. 70. Residents and guests should not use Weaver Court for additional parking. Bus Shelter 71. Prior to issuance of building permit, coordinate with VTA on the location and final design of the proposed bus shelter. Public Amenities 43-4020v1 JH\04706089 RESOLUTION NO. 2019-01 H10470 72. Prior to final occupancy, install the required public amenities as shown on the approved plans. The approved public amenities include the bus shelter, wider sidewalk, seating arrangement, and/or water -fountain feature in a public piazza along Monterey Road, and a piece of public art that is produced by a local artist not to exceed the total value of $10,000. Public Art 73. Prior to issuance of building permit, conceptual plans for the art piece shall be submitted to City for review and approved by the Arts & Culture Committee. The art must be approved by the City and installed prior to final occupancy. Exterior Glass Balcony Treatment 74. Prior to issuance of building permit, the developer shall provide a copy of the rental lease agreement that demonstrates the prohibition regarding storage and/or cloth -hanging in the clear -glass balcony area. Statement such as "the exterior clear -glass balcony area facing Monterey Road shall be kept free of storage or trash that is unsightly. Such area should not allow any hanging of laundry, cloth, brooms, mops, rugs or any other similar objects, and that such effort shall be closely monitored and enforced by the onsite management company" shall be included. PLANNING DIVISION ENVIRONMENTAL CONDITIONS (MMRP) Selection of equipment during construction to minimize emissions 75. Prior to the issuance of each demolition or building, developer shall prepared a plan demonstrating that the off -road equipment used on -site to construct the project would achieve a fleet -wide average 78 percent reduction in DPM exhaust emissions or greater. Common approaches to achieve this reduction could include the use of Tier 4 equipment for all mobile diesel -powered off -road equipment larger than 25 horsepower that operate on the site for more than two days continuously, limiting the use of cranes to no more than four hours per work day, the use of electrically powered welders, the use of equipment with CARB-certified Level 3 Diesel Particulate Filters or alternatively -fueled equipment, and added exhaust devices, or a combination of measures, provided that these measures are approved by the City (MND / AQ-1) Nesting Bird Surveys 76. If Project -related work is scheduled during the nesting season for smaller bird species such as passerines (February 15 to August 30); for owls (January 15 to September 15); and for other raptors (February 15 to September 15), a qualified biologist will conduct two surveys for active nests of such birds. The first survey shall be within 14 days prior to the beginning of Project construction. The second survey shall be conducted within 48 hours prior to construction. The minimum survey radii surrounding the work area shall be the following: for passerines - 250 feet; for small raptors such as accipiters - 500 feet; and for larger raptors such as buteos - 1,000 feet. Surveys will be conducted at the appropriate times of day and during appropriate nesting times. (MND / 13I0-1A). Active Nest Buffers M04706089 v1 RESOLUTION NO. 2019-01 JH104706089 77. If active nests are found, a qualified biologist will establish an appropriate buffer between the nest and active construction. The buffer shall be clearly marked. The buffer will be maintained until the young have fledged and are foraging independently. The qualified biologist will document pre -construction baseline monitoring of the nest to characterize "normal" bird behavior and will establish a buffer distance in which the birds exhibit normal behavior. The qualified biologist will monitor the nesting birds daily during construction activities and will increase the buffer if the birds are showing signs of unusual or distressed behavior (e.g. defensive flights and vocalizations, standing up from a brooding position, and flying away from the nest). If buffer establishment is not possible, work will cease in the area until young have fledged and the nest is no longer active." (MND / BIO-1B) 78. Prior to the issuance of any grading or building permit incorporate the recommendations of a site specific geotechnical engineering report, as may be amended, into the construction plans and permits. (MND / GEO-1) Reduce Off -site Noise Levels 79. Prior developing the site, the developer shall construct a seven -foot tall masonry sound wall along the northern, western and southern property lines. At a minimum the sound wall needs to begin 85 feet from the centerline of Monterey Road and continue for 200 feet. (MND / NIO-1) Noise Insulation to Reduce Interior Noise Levels 80. Prior to the issuance of a building permit, a report by a qualified acoustical expert shall be submitted to the City to ensure that interior noise levels within residences do not exceed 45 dBA Ldn. Noise reduction measures may include a suitable form of forced -air mechanical ventilation, and windows and doors with higher STC ratings. The recommendations of the report shall be incorporated into the approved construction plan set. (MND / NEO-2) Reduction of Ground -borne Vibration during Construction (MND / NOI-3) 81. The use of alternative equipment and construction techniques are possible means for minimizing the vibration impacts to existing nearby structures. Prior to the issue of any permit for site preparation or grading the developer shall submit a report documenting the type of equipment to be used in site construction with thirty feet of the property line. If the size and type of the proposed equipment has the potential to cause damage to any existing structure, based upon information contained in Table 9 of the Noise and Vibration Assessment or other reliable information, the following shall be implemented. a. The contractor shall alert heavy equipment operators to the close proximity of the adjacent structures along the northern, western, and southern boundaries so they can exercise extra care. The contractor shall prohibit the use of techniques involving substantial vibration, such as vibratory rollers, the dropping of heavy equipment, large drilling machines, and large bulldozers, within 20 feet of the northern, western, and southern boundaries. Smaller, portable equipment should be used in place of the heavier equipment. 4849-000v1 JH104706089 RESOLUTION NO. 2019-01 6089 b. The contractor shall retain a qualified firm to conduct a pre- and post -construction cosmetic crack survey of the buildings adjacent to the northern, western, and southern boundaries and shall repair any cosmetic damage attributable to project construction activities. If the property owner does not allow the pre- and/or post -construction survey to occur, this measure shall be deemed to have been satisfied Reduction of Construction -Related Noise (M D / NOI-4) 82. In addition to the provisions of the City Municipal Code relating construction noise, the developer shall prepare a construction noise control plan for incorporation into the approved building permit plan set, including, but not limited to, the following available controls. a. Construct temporary noise barriers, where feasible, to screen stationary noise -generating equipment. Temporary noise barrier fences would provide a 5 dBA noise reduction if the noise barrier interrupts the line -of -sight between the noise source and receptor and if the barrier is constructed in a manner that eliminates any cracks or gaps. b. Equip all internal combustion engine -driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. c. Unnecessary idling of internal combustion engines should be strictly prohibited. d. Locate stationary noise -generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors as feasible. If they must be located near receptors, adequate muffling (with enclosures where feasible and appropriate) shall be used to reduce noise levels at the adjacent sensitive receptors. Any enclosure openings or venting shall face away from sensitive receptors. e. Utilize quieter models of air compressors and other stationary noise sources where technology exists. f. Construction staging areas shall be established at locations that will create the greatest distance between the construction -related noise sources and noise -sensitive receptors nearest the project site during all project construction. g. Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors. h. Control noise from construction workers' radios to a point where they are not audible at existing residences bordering the project site. i. The contractor shall prepare a detailed construction schedule for major noise -generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize Disturbance Coordinator 83. 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. Conspicuously post a 24-hour telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors regarding the construction schedule. (MND / NOI-5) PUBLIC WORKS DEPARTMENT CONDITIONS 434020v1 JH\04706089 RESOLUTION NO. 2019-01 H10470 84. 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. 85. 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. 86. 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. 87. GENERAL — A complete plan set for submittal shall include civil plans, landscape plans, joint trench plans, lighting plans, and photometric plans. 88. GENERAL — Improvement plan set cover sheet shall include an Ownership & Responsibility table indicating proposed infrastructure ownership and future maintenance responsibilities. 89. 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. 90. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage. 91. 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. 92. GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City. 93. GENERAL — 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 frontages within existing public streets. 94. GENERAL - The approved construction schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents. 484M813A0200 JH\04706089 RESOLUTION NO. 2019-01 H10470 95. 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. 96. 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 website. Payment of Impact Fees is required at 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. 97. 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. 98. 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. 99. 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. 100. GENERAL - At first improvement plan submittal, project 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, label boundary record information (i.e. bearings/distances), existing easements and all other property encumbrances. 101. 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 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 upsizing of the existing utilities. These studies shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline. 102. 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. 103. 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. 4311020v1 JHk04706089 RESOLUTION NO. 2019-01 H10470 104. GRADING & DRAINAGE - Prior to building permit 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. The study and the design shall be in compliance with the City's Stormwater Management Guidance Manual (latest edition). The developer shall satisfy the conclusions and recommendations of the approved drainage study and storm water management plan. 105. GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge Elimination System (NPDES) requirements. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. The developer shall have a QSP on site as necessary to ensure implementation and maintenance of all erosion control measures. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on -site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to the commencement of work. 106. GRADING & DRAINAGE - 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. 107. 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. 108. TRANSPORTATION - 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 43-0020v1 JH\04706089 RESOLUTION NO. 2019-01 H10470 Plan shall be approved prior to the commencement of any work within the public right of way. 109. TRANSPORTATION - The Project shall comply with all the traffic mitigation measures identified in the project's Traffic Study. 110. TRANSPORTATION - Developer shall submit final photometric plans prior to first building permit issuance. 111. TRANSPORTATION -Developer shall install all joint trench to have (4) dedicated 11/2" SCH 80 PVC conduit for City Fiber Optic need in a quad duct arrangement along public Collector and Arterial streets. Quad duct shall be per City STD EL-11. 112. 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. 113. 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. 114. 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. 115. EASEMENTS — Prior to improvement plan approval or building permit issuance, whichever occurs first, developer shall provide and record necessary easements for the Pedestrian access, Fire line connection and sanitary sewer line connection to Weaver Court on the adjacent property. 116. PUBLIC IMPROVEMENTS - Prior to building permit issuance, the developer shall obtain improvement plan approval and bond for the portion of public improvements that are necessary to serve the proposed developed. 117. 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. 118. 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. 43-0020v1 JH\04706089 RESOLUTION NO. 2019-01 H10470 119. 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. Removal and replacement of all existing curb and gutter along Monterey Road frontage. B. Removal of existing sidewalk and installation of new 10-foot sidewalk and tree wells with City approved trees along Monterey Road frontage. C. Installation of two new City standard streetlights along Monterey Road and one on Weaver Court frontage at new pedestrian access location. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. D. Installation of a new stormdrain manhole on Monterey Boulevard at southerly point of connection. E. 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. F. Landscaping and trees along all public street frontages. G. Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage. H. Grind, overlay and restripe the entire width of Monterey Road 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. 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. 120. UTILITY — Developer shall provide separate water and sewer service laterals for the commercial and residential components of the project. 121. WATER — Developer shall provide separate irrigation meter to serve this development landscaping. 122. WATER QUALITY — Proposed development shall comply with state mandated regional permits for both pre -construction and post -construction stormwater 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 stormwater 4849-081340200 RESOLUTION NO. 2019-01 JH104706089 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 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 Inspections will 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 knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater 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 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 1" 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. 123. 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 43-4020u1 JH\04706089 RESOLUTION NO. 2019-01 H10470 with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order. 124. 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. 125. 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, 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. 126. 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. 127. UTILITIES - Storm and sewer lines in private areas shall be privately owned and maintained, unless approved by the Public Works Director. This should be noted on the title sheet of the project improvement plan. 128. UTILITIES - 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. 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 improvement plans 129. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 4849-081340200 RESOLUTION NO. 2019-01 JHk04706089 130. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. 131. 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. 132. LANDSCAPING - Landscape Plans shall provide a "composite plan" showing Civil, Landscape, Electrical, and Joint Trench information to confirm that there are no conflicts. 133. 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. 134. 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. 135. 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. 136. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 137. CONSTRUCTION - 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. 138. 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. 139. 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) 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 4849-0813AO20v1 RESOLUTION NO. 2019-01 N04706089 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. 140. 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. 141. CONSTRUCTION - 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. 142. CONSTRUCTION — 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 Prospect, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weekly. 143. 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. 144. 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. 145. CONSTRUCTION - All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 146. 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. 4849-081340200 RESOLUTION NO. 2019-01 JH104706089 147. 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. 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. 148. CONSTRUCTION - 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. 149. CONSTRUCTION - 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). 150. 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. 151. ACCEPTANCE - 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. 152. 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. 153. ACCEPTANCE - The developer shall submit an AutoCAD drawing file for all consultants composite base map linework showing all public improvements and utility layouts. Separate AutoCAD file shall be submitted for civil, final map, landscape, joint trench, electrical and photometric. 154. ACCEPTANCE — Developer shall provide all final construction cost and back-up documents for City review and approval, and in a format acceptable to City Engineer. FIRE MARSHAL CONDITIONS 155. Apartment and Community Buildings shall have a fire sprinkler system installed to meet NFPA 13 with all concealed spaces protected. 4849-0813-40200 RESOLUTION NO. 2019-01 JH104706089 156. Emergency lighting shall be provided in any community rooms, commercial areas, laundry rooms, stairwells and hallways/corridors. These areas shall also have illuminated exit signage to include and emergency egress lighting in the path of egress and exit discharge. 157. All doors to be compliant for signage, direction of swing and hardware. Note the community room is an A occupancy and shall have exiting in conformance with A occupancy standards. Any gates shall provide swing in the direction of travel for exiting the area. 158. Knox Boxes shall be provided at: each stairwell, Fire Riser Room, Fire Alarm Panel location, Electrical Room and each commercial space. To be located at the upper right hand side of the main doorway to each, 72" above finished grade. 159. Note deferred submittal for Fire Alarm system on cover page. The Fire alarm system shall provide water flow monitoring for each floor level, a tamper switch at the DDCA and PIV (if one is present), a pull station and smoke detector at the riser location. Water flow shall cause alarm to sound in each unit. The smoke detection and CO monitoring shall only sound in the unit of alarm and as a supervisory alarm to the main office. Public areas including the community rooms, laundry rooms, hallways shall have smoke detectors located in them and send an alarm to the central station. 160. Fire Extinguishers shall be provided so that there is one within 75 ft travel distance. 161. Building to be tested for adequate public safety emergency radio coverage. Any building which fails to support adequate radio coverage for the city's public safety communication systems, shall include an amplification system to provide for voice and data communications for police and fire division personnel. 162. A parking enforcement (signage and striping plan) shall be provided to ensure fire access is maintained. This is a deferred item and shall be submitted prior to final inspection with enough time for review and comment by the Fire Marshal. 163. The Fire Department requires a $200 per unit training fee for buildings over 30 feet tall to fund equipment and training. 164. A public Hydrant shall be located at each driveway. 165. On sheet C200 the Fire Line shall be looped and connect at both Monterey and Weaver Ct. The 6 " DDCA / FDC shall be located adjacent to the driveway to each street and adjacent to the street hydrant. The North parking lot for the project does not appear to have any fire hydrants being proposed for installation. Provide proper fire hydrant coverage in the North lot as provided in the South lot. 166. All fire hydrants on the private fire main shall be dry barrel and painted red with a blue reflector street marker. 4849-081340200 RESOLUTION NO. 2019-01 JH104706089 167. A minimum of 2 stairwells diagonally opposed shall be accessible from the exterior. Those stairways shall be provided with a Fire Department Standpipe. The hose connection shall be on the intermediate stairway for each floor. You may need to enlarge those stairwells. Those stairwells shall be 2-hour rated enclosures. Stairwells shall also provide roof access. See page A 2.2 with pink highlighted notes. 168. Provide stairway roof access from the stairways. 169. The elevator must be at least a 35001b capacity elevator, able to accommodate an ambulance gurney size of 80" x 65". A minimum of one elevator shall meet ADA requirements. 170. The gate from Weaver Ct. to the parking lot must be adequately sized to 1' wider than the paved surface. 171. 172. As applicable, any required fire pump must have a pump room. Backup power shall be required unless it's a diesel pump. 173. There shall be a fire hose connection within 150 feet of the furthermost point in any room. This may be connected to the fire sprinkler system. 174. Smoke control fans shall be provided in the garage to meet all applicable codes. The smoke control system shall be activated by the Fire Sprinkler system with manual override switch (on and off) for Fire Department use. 175. Need separate (deferred) submittals for the following items: a) fire sprinkler system, b) fire alarm system, c) fire service underground, d) fire pump system and smoke control system. 176. Private Fire Hydrants and/or Fire Standpipes shall be provided so that one is within 150 ft of the most remote portion of any building. System shall meet NFPA 24 on the private side of the system. 177. Buildings shall have fire engine access within 150 feet of any portion of the building. 178. Stairwells shall be sized based on the building code and the plans shall provide exiting calculations. A minimum of two (2) Fire Access Stairwells diagonally opposed shall be provided and accessible from the exterior. Stairwells shall have a 2 hour enclosure with self -closing doors at each level and a Fire Standpipe connection at each intermediate stair well landing. The stairwell landing shall be sized to allow for the hose standpipe and not degrade the required stair width. All Fire Access Stairwells shall also provide access to the roof. 179. Buildings 4 or more stories in height shall have a separate fire standpipe. The standpipe shall be pressurized by a dedicated fire pump to provide 100 psi at the roof. The fire pump shall be located in a code compliant pump room. Also, back-up power shall be required 4849-0813-40200 RESOLUTION NO. 2019-01 JH104706089 when required by the Fire Code or NFPA 22. A separate plan review and permit are required for fire pump installation. 180. 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D to 0 0 # � 0 7 U � � � a 0 9 # t \ c c # o £ ® ° o ®®� G k # -- + o » m /cuok�\ \ k S� R 5 10 \wa\ /t7® @ ° ® % \ 9 o t5 ° coco m 3 » 0- « \ u %k �u\� �kk I 0 ® � n • » ƒ 0 ƒ OU %� � O �-�%k 2o' A" /kk tt ou � % W. « / \ q / o fo (2 k CD k/�k« : & 2 '$ ° � 6 7 5 Q%t/t2» a- 2 t Q $ 2 au),9 & � % c- t ",--e o �? ?OUe k�k� \%ƒ kA' % � 2 .S:: Z� c- ° %225 /%/� . ga) � \� E'a) U k 0 ���ƒ� �Co- S-0"� k « 7 \ \ ƒ� t��+� �3;\akkt� $ & o » t / I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2019-01 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 held on the 7 h day of January, 2019, 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 8 h day of January, 2019. awns Freels, MMC City Clerk of the City of Gilroy (Seal)