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Resolution 2019-46RESOLUTION NO.2019-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TENTATIVE MAP TM 18-02, A SUBDIVISION OF A 125.32+/- ACRE SITE INTO 102 VILLAGE LOTS IN THE NEBBIOLO NEIGHBORHOOD; 46 COMPACT LOTS IN THE MALVASIA NEIGHBORHOOD; AND 23 COMPACT LOTS IN THE GLEN NEIGHBORHOOD, FOR A TOTAL OF 171 RESIDENTIAL LOTS; TWO PUBLIC OPEN SPACE PARCELS FOR THE CONSTRUCTION OF THE SANTA TERESA TRAIL; 22 PRIVATE OPEN SPACE PARCELS THAT WILL BE MAINTAINED BY THE HOMEOWNERS' ASSOCIATION; THREE LOTS FOR FUTURE DEVELOPMENT; AND ASSOCIATED PUBLIC AND PRIVATE STREETS ON PROPERTY LOCATED NORTH OF SANTA TERESA BOULEVARD, BETWEEN MERLOT DRIVE AND MILLER AVENUE (APN # 808-18-003, 808-18-024, 808-18-025, AND 808- 18-026), FILED BY GLEN LOMA GROUP, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020. WHEREAS, the Glen Loma Group submitted an application requesting a tentative map (TM 18-02) to subdivide an approximate 125.32+/- acre site into 102 Village Lots in the Nebbiolo neighborhood; 46 Compact Lots in the Malvasia neighborhood; and 23 Compact Lots in the The Glen neighborhood, for a total of 171 residential lots; and two public open space parcels for the construction of the Santa Teresa trail; 22 private open space parcels that will be maintained by the homeowners' association; three lots for future development; and associated public and private streets on property; and WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan area, north of Santa Teresa Boulevard, between Merlot Drive and Miller Avenue, commonly known as the Nebbiolo, Malvasia and The Glen neighborhoods; and WHEREAS, the Planning Commission of the City of Gilroy has considered TM 18-02 in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, TM 18-02 was referred to various public utility companies and City departments, including the Technical Advisory Committee for recommendations; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan; and WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement; and WHEREAS, an environmental impact report (EIR) was prepared and certified for this site on November 7, 2005 as part of the review of application GPA 00-01; and 4820-0682-15320 RESOLUTION 2019-46 JH104706089 WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA, as long as the project meets the requirements of that section, and City Staff has determined that the proposed residential subdivision meets the requirements of section 15182 such that no further environmental analysis is required by CEQA; and WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR; and WHEREAS, the Planning Commission held a duly noticed public hearing on June 20, 2019, at which time the Planning Commission considered the public testimony, the staff report dated June 20, 2019 ("Planning Commission Staff Report"), and all other documentation related to TM 18-02, and recommended that the City Council approve TM 18-02 with 136 conditions; and WHEREAS, the City Council held a duly noticed public hearing on August 5, 2019, at which time the City Council considered the public testimony, the staff report dated August 5, 2019 ("City Council Staff Report"), and all other documentation related to TM 18-02; and WHEREAS, the City Council finds that TM 18-02 conforms to the City's General Plan and elements thereof, including the "Glen Loma Ranch Specific Plan" and the "Neighborhood District Policy"; and NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I The City Council hereby finds as follows: 1. TM 18-02 is generally consistent with the intent of the goals and policies of the "Glen Loma Ranch Specific Plan." 2. TM 18-02 is generally consistent with the intent of the goals and policies of the City's "Neighborhood District Policy." 3. TM 18-02 is generally consistent with the intent of the goals and policies of the City's General Plan. 4. TM 18-02 is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 5. TM 18-02 is physically suitable for the type of development. 6. The design of TM 18-02 is not likely to cause substantially environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 7. The design of TM 18-02 is not likely to cause serious public health problems. 4820-0682-15320 RESOLUTION 2019-46 JH104706089 8. The design of TM 18-02 will not conflict with easements, acquired by the public at large, for access through or the use of, property within the TM 18- 02. 9. Public utilities and infrastructure improvements needed in order to serve TM 18-02 are in close proximity. SECTION II The City Council of the City of Gilroy hereby approves TM 18-02, subject to the 137 conditions of approval set forth in Exhibit "A" attached hereto. vote: PASSED AND ADOPTED this 5 h day of August 2019, by the following roll call AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE-MUNOZ, MARQUES, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Velasco, Mayor ITES' Shaa ma 4820-0682-15320 RESOLUTION 2019-46 JH104706089 EXHIBIT A CONDITIONS OF APPROVAL TM 18-02 Note: The following abbreviations identify the City department or division responsible for determining compliance with these conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. An internal condition reference number is located at the end of each condition (e.g. G-1 or 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 tentative map application TM 18-02 (hereinafter "this permit") is granted for approved plans stamped as "Approved on August 5, 2019" ("the plans") on file with the Planning Division subdividing an approximate 125.32+/- acre site into 102 Village Lots in the Nebbiolo neighborhood; 46 Compact Lots in the Malvasia neighborhood; and 23 Compact Lots in the The Glen neighborhood, for a total of 171 residential lots; and two public open space parcels for the construction of the Santa Teresa trail; 22 private open space parcels that will be maintained by the homeowners' association; three lots for future development; and associated public and private streets on property. Build -out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council. (PL, G-1) 2. Developer means permit applicant, property owner, operator, 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 hannless 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) 0 1532v1 JH\04706089 RESOLUTION 2019-46 JH17060 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) The expiration date of this approval is August 5, 2021. 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. 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) 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) 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 that could be required during drought emergencies pursuant to the Gilroy City Code Chapter 27.98. (PL/PW, G- 10) 9. 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) 10. An approved tentative map or vesting tentative map shall expire twenty-four (24) months from the approval date if the final map is not approved prior to expiration. (PL, G-12) PLANNING DIVISION STANDARD CONDITIONS 11. 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) 9532v1 M04706089 RESOLUTION 2019-46 JH1047060 12. 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) 13. 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) 14. 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) 15. 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 (PL/BL, 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 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." 16. 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 9632v1 M04706089 RESOLUTION 2019-46 JH1047060 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." 17. 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." PLANNING DIVISION ENVIRONMENTAL CONDITIONS The following MITIGATION MEASURES, which are contained within the EIR and EIR addendum, prepared pursuant to the California Environmental Quality Act, and as modified based upon changes in applicable regulations, are included as conditions of approval. 18. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 3): The following measures shall be implemented at all construction sites: 4820 9532v1 JH104706089 RESOLUTION 2019-46 7060 • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • Pave, apply water three times daily, or apply (non -toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: • Hydroseed or apply (non -toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non -toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and • Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. 19. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If JHV70608932v1 RESOLUTION 2019-46 JH104706089 construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required (corresponds to EIR Mitigation Measure 5). 20. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre - construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist (corresponds to EIR Mitigation Measure 6). 21. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site's drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following (corresponds to EIR Mitigation Measure 8): • Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on -site revegetation with locally -obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on -site at a minimum 3:1 replacement ratio. 22. Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally -obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on -site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Gaine and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on -site oak woodland at a ratio of 3:1 and replanting on -site at a ratio of 1:1, unless otherwise determined by the Department of 4820532v1 JH10470608706089 RESOLUTION 2019-46 Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game (corresponds to EIR Mitigation Measure 9). 23. Prior to issuance of grading and/or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek (corresponds to EIR Mitigation Measure 13). 24. Prior to issuance of building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non-native, invasive plant species (corresponds to EIR Mitigation Measure 14). 25. Prior to approval of a tentative map for each phase of the proposed project requiring removal or alteration to potential wetlands and/or waters of the U.S., a wetland delineation shall be prepared according to U.S. Army Corps of Engineers guidelines. The actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on project plans for each development project and the wetland delineation for each development phase. The project proponent shall obtain all necessary permits and/or approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan shall include, but not be limited to, creation of wetlands on site to mitigate for unavoidable impacts to waters of the U.S. and wetlands resulting from development activities (corresponds to EIR Mitigation Measure 15). 26. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas (corresponds to EIR Mitigation Measure 16). 27. Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 17). 4820 1532v1 JH104706089 RESOLUTION 2019-46 7060 28. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete (corresponds to EIR Mitigation Measure 19). 29. Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits (corresponds to EIR Mitigation Measure 20). 30. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits (corresponds to EIR Mitigation Measure 21). 31. Each tentative map shall include a detention pond or ponds to collect storm water in the case of 2-, 10-, 25-, and 100-year peak storm events. Detention ponds shall be designed according to the recommendations presented in the Hydrologic Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the following (corresponds to EIR Mitigation Measure 23): a. The pond(s) should be located to collect the storm water runoff from the project site and discharge to the existing drainage corridors and/or the existing outfalls tributary to Uvas Creek. b. Any discharge from the pond(s) should release a maximum of storm water runoff for pre -project conditions (see tables 18 and 19 in the Draft EIR). C. The pond(s) should be sized a total of approximately 8.9 acre-feet to provide for appropriate storm water quantities and filter pollutants for the purpose of water quality. d. The pond(s) shall not replace any proposed preserved open space at the project site, that was assumed to provide flood control and water quality benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003). 32. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project (corresponds to EIR Mitigation Measure 24). 4840 1632v1 JH104706089 RESOLUTION 2019-46 7060 33. The project applicant shall submit plans for review by, and obtain an approved permit from the Santa Clara Valley Water District for any work that requires a permit from the water district (corresponds to EIR Mitigation Measure 25). 34. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post - construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable (corresponds to EIR Mitigation Measure 26). 35. Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 28): a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine -driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and C. Stationary noise -generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. 36. Prior to the first building occupancy in the third phase of the Glen Loma Ranch Specific Plan development, signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes (corresponds to EIR Mitigation Measure 34). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. Partial mitigation (installation of a signal) for this intersection has been completed. The remaining improvements shall be deferred until the first occupancy permit in Phase 3. ENGINEERING DIVISION CONDITIONS 37. GENERAL — Proposed Development shall comply with all terms and conditions specified in the Development Agreement between City of Gilroy and Glen Loma Ranch, Doc 19158828. 38. 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. 4520 1632v1 JH1047060706089 RESOLUTION 2019-46 39. 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. 40. 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. 41. GENERAL — A complete plan set for submittal shall include civil plans, landscape plans, joint trench plans, lighting plans, and photometric plans. 42. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval. 43. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy General Guidelines. 44. GENERAL — Improvement plan set cover sheet shall include an Ownership & Responsibility table indicating proposed infrastructure ownership and future maintenance responsibilities. 45. 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. 46. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage. 47. 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. 48. GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City. 49. 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 and future public streets. The private streets shall be designated as a Public Utility Easement (PUE), Water Line Easement (WLE), and Emergency Vehicle Access Easement (EVAE). 50. GENERAL - The developer shall submit an AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. 51. 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. 52. GENERAL — Applicant shall obtain will serve and review letter from Recology confirming serviceability and site accessability of solid waste pickup. Contact Steven Lucchetti, Operations Manager 408-842-3358. 0 1532v1 JH\047060706089 RESOLUTION 2019-46 JH1 53. 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. 54. GENERAL - Prior to final map approval, developer shall submit for City approval water, sewer and storm drain studies for the development. These studies shall confirm the development's consistency with the City's present Master Plans. These studies shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline. 55. During construction if deemed necessary by the City Engineer, developer will pothole to confirm the location of existing utility lines along the project frontage where proposed improvements may conflict with existing utilities. 56. GENERAL - Prior to building permit issuance, the applicant's Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with their recommendations and the peer review comments. The applicant's Geotechnical engineer's approval shall then be conveyed to the City either by letter or by signing the plans. 57. 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 the time of each 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. 58. FEE — The Impact Fee calculation is based on project density calculation at the time of Final Map approval. Submitted Tentative Map shows Nebbiolo and The Glen Neighborhoods is Low Density, and Malvasia Neighborhood is considered a High Density development. 59. FEE - At first improvement plan submittal, Developer shall submit a $25,000 (Twenty Five Thousand) initial deposit for plan check and processing. This deposit will be credited/accounted for toward final plan check and inspection fee. 60. 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. 61. FEE - Prior to final improvement 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. 62. GRADING & DRAINAGE - Prior to final map approval, the developer shall submit a grading plan and a drainage study prepared by a registered Civil Engineer. The drainage study shall analyze the existing and ultimate conditions and facilities, and the study shall include all off -site tributary areas. The study and the design shall be in compliance with the City's Stormwater Management Guidance Manual (latest edition). Existing offsite drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be adversely altered by the development. The developer shall satisfy the conclusions and recommendations of the approved drainage study and storm water management plan. 0 1532v1 JHk047060706089 RESOLUTION 2019-46 JH1 63. GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge Elimination System (NPDES) requirements. As part of the Improvement Plan set 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 or work. 64. 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. 65. 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. 66. 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 Plan shall be approved prior to the commencement of any work within the public right of way. 67. TRANSPORTATION - The Project shall comply with all the traffic related mitigation measures identified in the project's Mitigation Monitoring Plan, and contained within the adopted CEQA document. 68. TRANSPORTATION - Developer shall submit final photometric plans prior to first building permit issuance. 69. 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. 70. TRANSPORTATION - Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. 9532v1 M04706089 RESOLUTION 2019-46 JH1047060 71. TRANSPORTATION - Developer shall design driveway grades to keep a standard design vehicle from dragging or "bottoming out" on the street or driveway and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. 72. 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. 73. 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. 74. FINAL MAP - The Final Tract Map shall be presented to the City Council for review and action. The City Council meeting will be scheduled approximately fifty (50) days after the Final Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Executed Final Map shall be returned to the City Public Works Department if Final Map has not been filed in the County Recorder's Office within ninety (90) days from the date of City Council's approval. 75. FINAL MAP - The tentative map and all final maps shall designate all common lots as lettered lots. The Final map should be clear on the limits of Public vs. Private (HOA) designations. 76. FINAL MAP - Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R's shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. 77. 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. 78. PUBLIC IMPROVEMENTS - Prior to building permit issuance for a phase of development within this tentative map, the developer shall obtain improvement plan approval and bond for the portion of public improvements shown on this tentative map that are necessary to serve the phase being developed. 79. 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. 80. PUBLIC IMPROVEMENTS — The developer shall slurry all new public streets prior to project acceptance. A slurry may not be necessary with approval of the City Engineer, if after a final inspection the condition of the street is free of any surface defects. 4820 9532v1 JH104706089 RESOLUTION 2019-46 7060 81. PUBLIC IMPROVEMENTS — Prior to Final map approval, developer shall coordinate with Santa Clara Water District for construction of the 36" recycle water line and related facilities within the proposed W. Luchessa extension; and complete project cost estimate to be used in the reimbursement agreement with the City. The recycle water line will only be installed if a reimbursement agreement is in place prior to the start of construction. 82. 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. Construction of W. Luchessa Avenue extension, and related surface improvements from Merlot Drive/W. Luchessa Avenue RBT to W.Luchessa/Vintner Street RBT. b. Construction of new RBT at W. Luchessa and Vintner Street. c. Construction of Zone 2 water main and related facilities in the proposed W. Luchessa Avenue extension and proposed private streets within the subdivision. d. Construction of 36" recycle water line and related facilities within the proposed W. Luchessa extension; if a reimbursement agreement is in place prior to the start of construction. e. Construction of 18" storm drain line and related facilities on the proposed W. Luchessa Avenue extension. f. Installation of street lighting and pedestrian lighting along the proposed public street. g. Landscaping and trees along all public street frontages, including the proposed roundabouts and median islands. 83. WATER — Water lines and related facilities within the proposed subdivision is publicly owned and maintained. 84. WATER — Developer shall provide separate irrigation meter to serve this development landscaping. 85. SEWER — Proposed sewer force main and pump system is private facility owned and maintained by HOA. HOA shall hire a qualified firm to perform quarterly inspection of the sewer main force and pumping system. The test result/inspection report shall be provided to the City Engineer. Project improvement plan will clearly show maintenance responsibility. 86. SEWER - The sewer pumping system electrical panel and equipment must be designed to prevent tampering. 87. SEWER — Proposed sewer pumps shall be evaluated in a failed scenario and have mitigation measures in place to City Engineer satisfaction. The bubble -up design of the failed pump shall be in the middle of the roadway and visible to the community. Any emergency work performed by the City in case of failed system will be back charged to the HOA, and HOA is responsible for payment of all cost occurred by the City. Project improvement plan will clearly show maintenance responsibility. 88. LANDSAPING — The proposed landscaping along the project public street frontages and Roundabouts are maintained by project HOA. Landscape plan will clearly show and identify limits of HOA responsibilities. 4820 9532v1 JH104706089 RESOLUTION 2019-46 7060 89. 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 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: a. Site address; b. Date and time of inspection; c. Name of the person conducting the inspection; d. List of stormwater facilities inspected; e. Condition of each stormwater facility inspected; f. Description of any needed maintenance or repairs; and g. 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 15t" of the following year for the Winter report. JK047060 9532v1 RESOLUTION 2019-46 JH104706089 f. Before commencing any grading or construction activities, the developer shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. 90. 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 project stop order. 91. WATER QUALITY — The developer at its sole cost shall submit the Storm Water Control Plan to a third party reviewer, acceptable to the City Engineer to ensure compliance with state mandated regional permits for post -construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code. Copy of the peer review response shall be part of the Storm Water Control Plan submittal package. 92. WATER QAULITY — Prior to final acceptance the project Design Engineer shall provide a letter to the City verifying that SWC treatment facilities are built per approved Storm Water Control Plan. 93. UTILITIES - Storm and sewer lines in private areas shall be privately owned and maintained by the HOA, unless approved by the Public Works Director. 94. UTILITIES - All services to the development shall be an "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted prior to installation. 95. UTILITIES - Improvement plans are required for all on -site and off -site improvements. The following items will need to be completed prior to first building permit submittal: a. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). b. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. c. Will Serve Letter from each utility company for the subdivision shall be supplied to the City. 96. 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. H04706089 32v1 RESOLUTION 2019-46 JH104706089 97. 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 subdivision improvement plans. 98. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 99. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities, within the limits of work, as directed by the Public Works Director. 100. UTILITIES - 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. 101. UTILITIES - The Developer/Applicant shall obtain a SCVWD permit for any new recycled water mains connected to the existing Gilroy Water Reclamation Facility system. 102. UTILTIES — All recycled water system improvements, including appurtenances, shall be located within a PSE. 103. LANDSCAPING - Landscape Plans shall provide a "composite plan" showing Civil, Landscape, Electrical, and Joint Trench information to confirm that there are no conflicts. 104. 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. 105. WATER - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 106. 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. 107. 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. 108. WATER - 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. 109. WATER - The Developer shall perform field verification testing of the proposed water system and will modify any part of the system that does not perform to the standards established by the City. M04770608532v1 RESOLUTION 2019-46 JH104706089 110. CONSTRUCTION BMP - 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. 111. CONSTRUCTION BMP - Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non -toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late -afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Public Works Director. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 112. GENERAL 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. 113. GENERAL 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. 114. GENERAL CONSTRUCTION — Prior to commencement of construction, the Developer/Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Project, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weekly. 115. GENERAL 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. 116. GENERAL 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. 117. GENERAL CONSTRUCTION - All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 4820 9532u1 JH104706089 RESOLUTION 2019-46 7060 118. GENERAL 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. 119. GENERAL 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. 120. CONSTRUCTION PARKING - 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). 121. MONUMENTS — All monuments shall be set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer. 122. 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. 123. 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. 124. ACCEPTANCE - The developer shall submit an AutoCAD drawing file for all consultants composite basemap linework showing all public improvements and utility layouts. Separate AutoCAD file shall be submitted for civil, final map, landscape, joint trench, electrical and photometric. 125. 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 DEPARTMENT CONDITIONS The following conditions shall be shown or included on off -site improvement plans as "Fire Department Notes." Prior to street completion, the Fire Marshal shall be contacted and a fire clearance for off -site improvements shall be scheduled. No building permits will be issued without a Fire —Off -Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal. 126. A Fire - Site improvement Inspection Card shall be obtained at Grading Permit. The Fire Site improvement Inspection card will be used for Fire Inspection of Fire Access 4820 1532v1 JH1047060706089 RESOLUTION 2019-46 Compliance, Fire Water Supply Compliance and Fire Marshal Acceptance of the Improvement Plans. 127. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any building. Off -site improvement plan shall provide Fire Hydrants per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials. . 128. Homes in the WUI shall be provided with 2-inch water laterals and 2-inch meters unless a water service plan is filed prior to improvement plan submittal that shows that a NFPA 13D fire sprinkler system can be provided, to the size and configuration, of the maximum sized home and most remote home in the development using the standard 1.5 inch lateral and 1 inch meter used in non- WUI areas. The water service plan will be reviewed and confirmed by the City's water engineering firm and at the expense of the developer. The applicant shall maintain access to fire hydrants during all phases of the project. 129. Homes in the WUI shall be provided with a 100-foot fuels reduction zone from the nearest portion of the home, including patio covers. The fuels reduction zone can include areas on the home's parcel, streets, and open space areas maintained by the HOA. Fuels reduction zones cannot be on property not controlled by the HOA unless there is an access easement on adjacent lands and recorded on the deed of the adjacent land. Fuels reduction shall be maintained from May to November of each year. Fuels reduction zones include that grasses shall not exceed 8 inches in height, all scrub brush and dead trees removed and trees limbed up 6 ft off the ground unless the branches are major branches. Exception: The fuels reduction zone can be decreased in width upon approval by the Fire Marshal of a plan provided by a Wildland Vegetation Management Specialist and prepared at the cost of the Developer. The fuel reduction zone shall not be less than 30 ft. The improvement plans shall include the fuels reduction zone and management plan. 130. Fire Access Roadways shall be in conformance with Chapter 5 of the Gilroy Fire Code. A Fire Access Roadways shall provide fire apparatus access within 150 feet of the most remote part of a building. The Fire Marshal shall be called to inspect Fire Access Roadways prior to combustible construction. Where permanent roadways are not completed, a temporary roadway, approved by the Fire Chief may be allowed during construction. Tentative Maps shall provide the turning movements of the largest Gilroy Fire Department Apparatus when roadways are less than 36 ft in width. Obtain the apparatus dimensions from the Fire Marshal's office. 4620-0662-15320 JH104706089 RESOLUTION 2019-46 131. Secondary access shall be provided when 30 or more homes are served on street or in a development. Secondary Access that only serves as an EVA shall meet the City standards as a street except curb and gutter are not required. Secondary Access Roadways that are only an EVA shall be secured by an approved method that prevents tampering. The HOA shall exercise the gate or bollards at least annually and submit a report to the Fire Department that it is functional. EVA Secondary Access Roadways shall be managed by the HOA. The City Engineering Division shall review and approve the details construction and driveways for EVA. WUI EVA's shall not be turf block or DG. 132. Gated Developments shall be provided with electronic opener equipped with a click to open, electronic opening system, compatible with the Fire/Police radios as well as KNOX key over ride for both Fire and Police access. Gates shall open the full width of the roadway. be exempted from automatic opening after 133. Roadways shall not exceed 15 % grade, shall provide a minimum 20 feet of unobstructed travel and provide vertical clearance of not less than 13.5 feet. Turning radius shall not be less than a 40-foot outside radius. Fire Apparatus shall not be required to cross to the opposite side of a street as part of a turn and sharp turns may require a "bulb out". Dead end streets in excess of 150 feet shall be provided with a cul-de-sac of 78-foot diameter. Exception: An alternative turn around configuration can be submitted using auto -turn to showing that the largest City of Gilroy Apparatus can make the turn in 3 or fewer movements. Cul de sacs or turn-arounds shall be red curbed and provided with No Parking Fire Lane signage. The inside and outside radius of roadway turns and curves shall be red curbed to allow for Fire Apparatus movement through the turn. This includes red curbing at intersections when streets are less than 36 ft in width, or unless auto -turn can show the apparatus making the turn with parking present at/in the turn. Road widths shall be signed and striped for no parking as follows:. a. Less than 28 feet, no parking on either side b. Less than 36 feet, no parking on one side. 134. Where parking is restricted, curbs shall be painted red and provided with No Parking - Fire Lane signs installed per MUTCD standard. Include curbing and signage details in the Off -Site improvement plans. Private roadway striping and/or signage shall be enforced and maintained by the HOA. 135. Street naming and addressing shall be completed prior to final snap approval. Street naives shall be based on the current street naming policy. Addresses shall be assigned by the City Engineering Section. Prior to Building Permit submittal a street address and APN map shall be provided to the Building Permit Technician for entry into the 4620-0662-15320 JH104706069 RESOLUTION 2019-46 Permitting System. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has begun. 136.Open Spaces, including storm water detention/retention basins, agricultural lots, landscaped and naturally vegetated areas shall have vegetation management to remove dead plants and debris, and to remove, disc or mow weeds during weed abatement season from May to November of each year. The HOA shall be responsible for maintenance. Open spaces in the WUI are subject to the prohibited plants list approved by the Fire Marshal. Existing prohibited plants shall be eliminated prior to development. Landscape plans shall be reviewed by the Fire Marshal. CITY COUNCIL CONDITIONS 137. The developer shall provide a disclosure statement disclosing to future buyers of lots within this subdivision that the Gilroy Unified School District does not provide transportation to schools within its district. The statement shall also disclose that the Gilroy Unified School District is considering closing a school, and that the school closure could include a school that currently serves the Glen Loma Ranch Specific Plan area. This statement shall be subject to the review and approval of the Gilroy Planning Manager prior to Final Map approval. JK04706089 2v1 RESOLUTION 2019-46 JH104706089 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2019-46 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 held on the 5'' day of August, 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 day of August, 2019. i 0 awna Fr City Clerk of the City of Gilroy (Seal) I