Resolution 2020-151
RESOLUTION 2020-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TENTATIVE MAP APPLICATION TM 19-
01 A SUBDIVISION TO ALLOW 3 SINGLE-FAMILY
RESIDENTIAL LOTS AND A DESIGNATED REMAINDER ON
1.00+ ACRES AT 95 FARRELL DRIVE, APN 790-07-007, FILED
BY MICHAEL KUANG
WHEREAS, on December 12 , 2019, the property owner submitted an application
re questing a tentative map to subdivide a 1-acre site into 3 res idential lots, with a
designated remaind er lot; and
WHEREAS, the Planning Commission, by separate resolution, has recommended
application Z 19-03 to amend the zoning map for the property to change the site from R-1
PUD to R-1 zoning district, which is required to permit a conventional res idential
subdiv ision of the property; and
WHEREAS , the Pl ann ing Commission of the City of Gilroy h as considered the
tentative map request, in accordance with the Gilroy Zo ning Ordinance, C ity's
Subdivision and Land Development Code, the State Subdivision Map Act, and other
applicable st andards and regulations; and
WHEREAS, said tentati ve map was referred to various public utility companies,
outside agencies, and City departments, including the T echnical Advisory Committee for
recommendations; and
WHEREAS, re v iew and approval of Tentative Map TM 19-01 is exempt from
environmental review under the California Environmental Quality Act ("CEQA")
pursuant to the provisions of Section 15315 of the CEQA Guidelines, which applies to a
minor in-fill residential subdivision of four or fewer lots; and
WHEREAS, the Planning Commission find s, after due study, deliberation and
public hearing, the following circumstances exist:
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WHEREAS , the City Council held a duly noticed public hearing on March 16,
2020, and considered the public testimony, the Planning Commission recommendation,
the City Council Staff Rep01i, and all other documentation related to application TM 19-
01; and
WHEREAS, using its independent judgement, and analysis based on deliberation
and consideration of the materials presented at the public hearing, including any public
testimony received, the City Council concludes that TM 19-01 is exempt from
enviromnental review under the California Environmental Quality Act ("CEQA")
pursuant to the provisions of Section 15315 of the CEQA Guidelines, and that the project
as proposed and conditioned would confonn to the City's General Plan and elements
thereof, the Gilroy City Code and all applicable standards and criteria. Further, the City
of Gilroy Community Development Depaiiment is the custodian for all documents
pertaining to the FMND, including its adoption , and the project.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Gilroy does hereby make findings required by the Gilroy City Code and the State
Subdivision Map Act Section 66474 approving TM 19-01, as follows:
1. The proposed Tentative Map is consistent with the goals and policies of the
Gilroy 2020 General Plan in that proposes single family residential development
on an in-fill parcel served by utilities and streets , and at a density of four units per
acre which would implement the Low Density Residential land use designation
and 3 to 7.25 unit per acre density range.
2. The proposed development is consistent with the Zoning Ordinance and the City's
Subdivision and Land Development Code, and the State Subdivision Map Act
given that the project complies with the lot size and area, results in orderly
development and would be required to make frontage improvements, and pay all
required development impact fees for further residential development as required
by City ordinances.
3. Public utilities and infrastructure improvements needed in order to serve the
proposed project are available along the prope1iy frontage at FaiTell Avenue.
4. There will be no significant enviromnental impacts as a result of this project given
that it consists of in-fill residential development on a level site, requiring minimal
grading and there are no unique enviromnental conditions associated with the
prope1iy.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning
Commission of the City of Gilroy hereby approves the tentative map, TM 19-01 subject
to the conditions in Attachment A.
PASS ED AND ADOPTED by the City Council of the City of Gilroy at a
regular meeting duly held on the 16th day of March, 2020, by the following roll call
vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO,
LEROE-MUNOZ, MARQUES, TOVAR, TUCKER and
VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Roland Velasco, Mayor
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Attachment A
Conditions of Approval
TM19-01
Note: The following abbreviations identify the City department or division respons ible
for detennining compliance with these conditions. The first group li sted has
responsibility for compliance at plan check, the second confinns compliance with
the condition at final inspection, prior to final occupancy or issuance of a
certificate of occupancy, or as specified in the cc ndition. If only one group is
identified, the¥ 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/DXVISIONS . '
BL Building Division/Inspectors PK Parks/Landscape Design
CA City Attorney PL Planning Division
cc Chemical Control Agenc y PW Public Works/Engineering
FP Fire Prevention TR Traffic Division
PD Police Department WW Wastewater/Source Control
PLANNING DIVISION CONDITIONS
l. Approval of TM 19-01 (19120016) (hereinafter "this pennit") is subject to approval
ofrezoning Z 19-03 to rezone the subject prope11y from R-1 PUD to R-1. If the
rezoning action is denied , this approval shall be void.
2. Approval is granted for approved plans stamped as "Approved on March 16 , 2020"
("the plans") on file with the Pla1ming Division. Build-out of the project shall
confonn 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 di scretionary approval,
and shall confonn to all City, State, and Federal requirements, including sub sequent
City Code requirements or policies adopted by City Council. (PL, G-1)
3. Developer means pennit applicant, property owner, operator, pennittee, lessee,
and/or tenants using th e space(s) for the intended use(s). Developer shall comply
with project conditions for the life of the project. (CA, G-2)
4. Developer agrees, as a condition of pennit approval, at D eveloper'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) brou ght against the City or its officers,
contractors, consultants, attorneys, employees, or agents to challenge, attack, set
as ide, void or a1mul the approval of thi s re so lution or any condition attached thereto
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or any proceedings, acts or detenninations taken, including actions taken under the
California Enviromnental Quality Act of 1970, as amended, done or made prior to
the approval of such resolution that were paii of the approval process. (CA, G-3)
5. Failure to appeal this decision in a timely manner, or commencement of any activity
related to the project, is understood to clarify Developer's acceptance of all
conditions and obligations imposed by this pennit a nd waiving any challenge to the
validity of the conditions and obligations stated therein. (CA, G-4)
6. Prior to occupancy, lileveloper shall complete all r equired offsite and onsite
improvements related to the project, including structures, paving, and landscaping,
unless otherwise allowed by the Community Development Director, or s tated in
these conditions. (BL, G-8)
7. Developer shalLcomp,lete the "Notic e of Land Use Restrictions and Conditions"
fonn, using the fonn provided by the City, for recording with the Santa Clara
County Recorder. (PL, G-9)
8. Developer acknowledges that because of water limitations placed on the City b y its
water providers, approval of this pennit does not guarantee that the city will issue
building pennits. Issuance of building pennits m ay be delayed and subject to
implementation and/or compliance with mandated water conservation or a llocation
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
prope1iy shall be consistent w ith the tenns of this pennit and the City Code. If there
is a conflict between the CC&Rs and the City Code or this pennit, the City Code or
thi s pennit shall prevail. (PL/CA, G-11)
10. An approved t entative map or vesting t entative map shall expire twenty-four (24)
months from the approval date if the final map is not approved p1ior to expiration .
(PL, G-12). Should Developer intend to request an extension to the pennit
expiration date, Developer must submit to the Pla1rning Division a w1i tten
application w ith app licable fees piior to the expiration date. Only timely requests
may be considered pursuant to the City Code. (PL, G-5)
11. ConcmTent with or piior to an application for a grading pennit, Developer shall
apply for a Santa C lara Valley Habitat Plan pennit from the City of Gilroy. The
grading pennit w ill be issued only after payment of assessed fees and approval of
the Habitat Plan pennit. This shall require payment of nitrogen deposition only
habitat mitigation fees for each residence at time of building pennit. (PL, PL-9)
12. To minimize potential construction-related impacts to noise, Developer shall
include the following language on any grading, site work, and constmction plans
issued for the subject site (PL/BL, PL-11)
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"Du1ing earth-moving, grading, and construction acti vities, Developer sh all
implement the following measures at the construction site:
(A) Limit construction activity to weekdays betw een 7:00 a.m. and 7:00 p.m., and
on Saturdays between 9:00 a.m. a nd 7:00 p.m. Construction noise is prohibited
on Sundays and City-observed holidays;
(B) Locate stationary noi s e-generating equipme nt as far as possib le from sensitive
receptors when sen s iti ve receptors adjoin or are near a construction project
area; r ,
(C) Construct sound walls or other noi se reduction measures prior to developing
the project s ite ;
(D) Equip all internal combus tion engine dri ven equipment w ith intake and exhaus t
mufflers that are in good condition and approp1iate for the equipment;
(E) Prohibit all unnecessary idling of interna l combustion engines;
(F) Utilize "quiet" models of air compressors and other stationary n o ise sources
where technology exi sts; and
(G) D esignate a "di s turbance coordinator' who would b e responsible for
responding to any complaints about construction noi se. T he disturbance
coordinator will detennine the cause of the noise co mplaint ( e.g. bad muffler,
etc.) a nd w ill require tha t r easonable m easures be implemented to correct the
problem."
13. To minimize potenti a l constructi on-related impacts to a ir quality, Develope r sh all
include the following language on any grading, si t e work, and construction pl ans
issue d for the project site (PL/BL, PL-12):
"Dming earth-mov ing, gradin g, and construction activities , Develope r sh a ll
impleme nt the following b asic control measures at th e construction s ite:
(A) All exposed surfaces ( e.g. parking ar eas, staging a reas, so il piles, graded areas,
and unpaved access roads) shall be watered two times per d ay;
(B) All haul trucks transp01iing s oil, sand , or other loose m ateri al onsite or offsite
shall be covered;
(C) All v is ibl e mud or di1i tracked out onto adj acent public roads shall be removed
u s ing wet power vacuum s treet sweepers at least once per day. The use of dry
power sweeping is prohibited;
(D) All vehicle speeds o n unpaved roads or p athways shall b e limited to 15 miles
per hour;
(E) All roadways, driveways, and s idewalks to be p aved shall b e compl eted a s
soon as possible. Building pads shall be la id as soon as possible after grading
unless s eeding or so il binders are used ;
(F) Idling t imes sh all b e minimiz ed e ither by shutting equipment off when n ot in
u se or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measu re Title 13, Section 2485 of California
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Code of Regulations [CCR]). Clear signage shall be provided for constrnction
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."
14. In the event of an accidental discovery of archaeological resources during grading
or constrnction 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 rep01i to the City. If the find is
detennined to be significant, approp1iate mitigation measures shall be fonnulated
by the professional archaeologist and implemented by the responsible party."
15. 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 detennine that no investigation of the
cause of death is required. If the coroner detennines the remains to be Native
American the coroner shall contact the Native American He1itage Commission
within 24 hours. The Native American He1itage Commission shall identify the
person or persons it believes to be the most likely descendent (MLD) from the
deceased Native Ame1ican. 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 dishirbance 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
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make a recommendation; or c) the landow ner or hi s authorized representative
r eject s the recommendation of the descendent, and the mediation by the Nati ve
American Heritage Commission fails to prov ide measures acceptable to the
landowner."
GENERAL ENGINEERING CONDITIONS OF APPROVAL
16. GENERAL -At firs t improvement plan s ubmittal , utility sheets sh a ll show
appropriate line types and labels to identify different type of ut ilities and pipe sizes.
Clearly identify b oth public and p1i vate utilities.
17. GEN ERAL -Improvement plans (as second s heet in plan set) shall contain
Approved Conditions of Approval.
18. GENERAL -Improvement plan s shall include General Notes found in the City of
Gilroy General Guidelines.
19. GENERAL -Improvement pla n cover sheet shall include a t able s ummariz ing all
facilities (Streets, Uti lities, Landscaping, etc.), show ing the ownership of all
facilities, and the m a intenance resp o n s ibilities of all faci lities .
20. GENERAL -The applica nt sh all obtain all applicable pennits from federal , state,
and local agen c ies as re quired to construct the proposed improvem e nts . A copy of
these pennits will b e provided prior to building pennits.
2 1. GENERAL -Improvement plans are required for both on-s ite and off-site
improv ements.
22. GENERAL -Existing overhead utilities sh a ll be underground ed and related utility
poles removed along the prope1iy frontage. Show the n ew risers locatio n , the poles
b eing removed and the overh an g w ires being undergrounded.
23. GENERAL -All existing public utilities sh a ll b e protected in place and if n ecessary
relocated as approved b y the C ity Engineer. No pennanent structure is p erm itted
w ithin City easements w ithout the appro val of the Cit y of Gilroy.
2 4 . GENERAL -Prior to a ny wo rk w ithin public right of way or C ity easement, the
developer shall obtain a n encroachment pennit from the C ity.
2 5 . GENERAL -D evel op er is r equire d to confirm the location of exis ting utility lines
along the project frontage b y potholing. Prior to any potholing, developer sh all
submit a pothole plan for City review a nd a pproval. Developer sh a ll provide the
pothole result to the City En gineer prio r to final desi gn.
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26. GENERAL -All improvements shall be des igned and constructed in accordance
with the C ity of Gilroy Municipal Code and Standard Specifications and Details,
and is subject to all laws of the City of Gilroy by reference.
27. GENERAL -Prior to issuance of any building pennits, developer shall submit for
City approval water, sewer and stonn drain s tudies for the devel opment. These
studies shall provide supporting hydraulic calculation for pipe s izing per City
standard design guideline.
28. GENERAL -At first improvement plan submittal, developers engineer shall submit
a calculation for sanitary sewer and water generation per the City's Master Plan
design crite1ia.
29. FEE -The project is subject to the City's S treet Tree, Stonn, Sewer, Water, Traffic,
and Public Facilities Development Impact Fees. Latest City impact fee schedule is
availabl e on the City's website. Payment oflmpact Fees is required at first building
pennit issuance. Fees shall be based on the cmTent comprehensive fee schedule in
effect at the time of fee payment, consistent with and in accordance with City
policy.
30. FEE -P1ior to plan approval, developer shall s ubmit a detailed project cost estimate
by the project engineer, subject t o City Engineer approval. Cost estimate s hall be
broken out into on-site and off-site improvements.
3 1. FEE -P1ior to final plan approva l, Developer shall pay 100% of the p l an check and
processing fees and other related fees that the prope11y is subject to, enter into a
prope11y improvement agreement, and provi de payment and perfonnance bonds.
32. GRADING & DRAINAGE -All grading activity shall address National Polluta nt
Discharge E limination System (NPDES) concerns. If all or pat1 of the construction
occurs during the rainy season, the developer shall submit an Erosion Control Plan
to the Public Works Director for review a nd approval. This pl an shall incorporate
erosion control devices and other techniques in accordance with Municipal Code §
27C to minimize erosion. Specifi c measures to control sediment runoff,
con struction pollution and other potential construction contamination sediment
nmoff, constru ction pollution and other potential construction contamination shall
be addressed throiigh the Erosion Control Plan and Stonn Water Pollution
Prevention P l an (SWPPP). The SWPPP shall supplement the Erosion Control Plan
and project improvement plans. These documents shall also be kept on-site whil e
the project is u nder construction. A Notice of Intent (NOI) shall be filed with the
State Water Resources Contro l Board, with a copy provided to the Engineering
Division before a grading pe1mit will be issued. WDID# shall be added to the
grading plans prior to plan approval.
33. GRADING & DRAINAGE -Prior to building pe1mit i ssuance, the applicant's
Geoteclmical Engineer shall review the final grading, p avement design and drainage
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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.
34. GRADING & DRAINAGE -At first improvement plan submittal, the developer
shall submit a Stonn Water Management Plan (SWMP) prepared by a registered
Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and
facilities, and the study shall include all off-s ite tributary areas. Study and the
design shall be in compliance w ith the C ity's Stonnwater Management Guidance
Manual (latest edition). Existing offsite drainage patterns, i.e., tiibutary areas,
drainage amount and velocity shall not be altered by the development.
35. GRADING & DRAINAGE -All grading and improvement plans shall identify the
vertical elevation datum, date of survey, and surveyor.
36. GRADING & DRAIN GE -Improvement and grading plans shall show existing
topo and features at l east 50' beyond the project boundary. C learly show existing
topo, label contour e levations, drainage patterns, flow lines, slopes, and all other
prope1iy encumbrances.
37. GRADING & DRAINAGE -Geotechnical Engineer to confinn infiltration rates
through core sample testing w ith appropriate safety factors of all stonnwater
detention and/or retention facilities.
38. PUBLIC IMPROVEMENTS -Prior to Parcel Map recordation, developer shall
execute a public improvement agreement and post Payment and Perfonnance 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 tenns
of the agreement.
39. PUBLIC IMPROVEMENTS -The developer shall repair or replace a ll existing
improvements not designated for removal and a ll new improvements 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 ve1ify exi sting conditions.
40. CONSTRUCTION -All construction water from fire hydrants shall be metered and
billed at the cutTent hydrant meter rate.
41. CONSTRUCTION -The City shall be notified at least ten (10) working days prior
to th e start of any construction work and at that time the contractor sh all provide a
project schedule and a 24-hour emergency telephone number list.
42. CONSTRUCTION -Construction activity shall be restticted to the period between
7:00 a.m. to 7:00 p.m. Mondays tlu·ough Fridays, Saturday 9:00 a.m. to 7 :00 p.m.
for general construction activity. No work shall be done on Sundays and City
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Holidays. The Public Works Director will apply additional construction period
restrictions, as necessary, to accommodate standard commute traffic along arterial
roadways and along school commute routes.
43. CONSTRUCTION -All work shown on the improvement plans, if applicable , shall
be inspected. Uninspected work sha ll be removed as deemed appropriate by the
Public Works Director.
44. 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 limi ts of Gilroy, an additional pennit is
required. This statement must be added as a general note to the Grading and
Drainage Plan.
45. 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 stonn
drains.
46. CONSTRUCTION -At least one week prior to c01mnencement of work, the
Developer shall post at the site and mail to the Engineering Division and to owners
of prope1iy within (300') tlu-ee hundred feet of the exterior boundary of the project
site a notice that construction work will c01m11ence 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 ctment at all times and shall consist of persons with
authmity to initiate corrective action in their area of responsibility. The names of
individuals responsible for dust, noise and litter contro l shall be expressl y identified
in the notice.
47. CONSTRUCTION -Prior to final inspections, all petiinent conditions of approval
and all improvements shall be completed to the satisfaction of the Pl aiming Director
and City Engineer.
48. TRANSPORTATION -Any work in the public right-of-way shall require a traffic
control plan prepared by a licensed professional engineer with expe1ience in
prepming such plans. Traffic Control Plan shall be prepared in accordance with the
requirements of the latest edition of the California Manual on Unifonn Traffic
Control Devices. The Traffic Control Plan shall be approved prior to the
commencement of any work withi n the public right of way.
49. UTILTIES -The Developer/Contractor shall make accessibl e any or all City
utilities as directed by the Public Works Director.
PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL
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50. FEE -The project is subject to the City's Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities D evelopment Impact Fees. The following are
approximate impact fees based on planning phase square footage and other
information for a Residential-Low Development project. Actual fees will be
based on Final Design information.
a. Street Tree Development =$74.42
b. Storm Development = $564.00
c. Sewer Development = $50,004.00
d. WaterDevelopment = $17,176.00
e. Traffic Impact= $47,632 .00
f. Public Facilities= $85 ,272.00
Latest City impact fee schedule is available on the City's website. Payment of
Impact Fees is required at building permit issuance. Fees shall be based on the
ctment comprehensive fee schedule in effect at the time of fee payment,
consistent with and in accordance with City policy.
51. FEE -Prior to Parcel Map recordation, developer s hall submit a $10,000 (Ten
Thousand) initial deposit for plan check and processing. This deposit will be
credited/accounted for toward final at first improvement plan submittal plan check
and inspection fee.
52. GENERAL -Developer is required to evaluate the conditions of the existing
utility lines along the project frontage by videotaping and providing the res ult 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.
53. GENERAL -A Title Rep01i shall be submitted with firs t submittal improvement
plans. An existing site plan shall be submitted showing all existing site conditions
and title report easements. Include bearings and distances for all Right of Way
and Easements on the plans.
54. GENERAL -The Developer shall provide a "compos ite plan" showing C ivil,
Landscape, Electrical, and Joint Trench design infonnation (as a separate sheet
titled "Composite Plan") to confinn that there are no conflicts.
55. GRADING & DRAINAGE -All grading operations and soil compaction
activities shall be per the approved project's design level geotechnical report. All
grading activities shall be conducted under the observation of, and tested by, a
licensed geotechnical engineer. A report shall be filed with the City of Gilroy for
each phase of construction, s tating that all grading activities were performed in
confonnance with the requirements of the project's geotechnical report. The
developer shall add this condition to the general notes on the grading plan.
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56. GRADING & DRAINAGE -All project stonn drains shall be connected to Farrell
A venue s tonn drain system.
57. PUBLIC IMPROVEMENTS -Prior to issuance of any building pennit, a parcel
map shall be recorded showi ng Farrell A venue street right of way dedications.
58. PUBLIC IMPROVEMENTS -Prior to building pennit issuance, the developer
shall obtain design approval and bond for all necessary public improvements,
including but not limited to the following:
A. Widening of Farrell A venue to ultimate right of way consistent with future
street right of way line.
B. New pavement, curb, gutter, driveway and sidewalk along Farrell Avenue
project frontage.
C. Installation of one new City standard streetlights along project frontage.
Final streetlight locations sh all be to the sati sfacti on of the C ity
Transportation Engineer and shall follow City standards.
D. Landscaping and trees along Farrell Avenue frontage.
E. Existing overhead utilities shall be undergrounded and related utility poles
removed a long the property frontage. C learly show the new riser location
and the poles to be removed.
F. Grind and overlay the entire width of Farrell Avenue frontage with a
minimum 2 -1/2" hot mix AC, and with dig-outs and repair as necessary to
the C ity Engineer satisfaction. Extend of the dig-outs to be detennined by
field inspection between Developer and City ins pector.
G. The project shall provide pavement markings and striping a long project
frontage (full roadway width).
H. Project shall provide transition fonn existing to new sidewalk. The
sidewalk transition shall be in compliance with ADA requirements.
I. Utility boxes, hydrants, backflow preventers, etc. to be relocated and
installed behind the back of sidewalk.
All improvements must be built to the c ity Engin eer's satisfaction, and
accepted by the City prior to issuance of any first cettificate of occupancy for
the project.
59. CONSTRUCTION -All portions of the site subject to blowing dust shall be
water ed as often as deemed necessary or a minimum of three times daily. Streets
w ill be cleaned by street sweepers or by hand as often as deemed necessary by the
Public Works Director, or at l east once a day.
60. 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 whi ch abuts prope1ty in a res idential zone w ith out ptior
approval from the Public Works Director(§ 15.40.070).
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61. UTILITIES -All new services to the development shall be "underground service"
designed and installed in accordance w ith the Pacific Gas and Electtic Company,
AT&T (phone) Company and local cable company regulations. Transfonners and
switch gear cabinets shall be placed underground unless otherwise approved by
the Planning Directo r and the City Engineer. Underground utility plans must be
submitted prior to installation.
62. UTILITIES -The following items will need to be completed prior to first building
pennit 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 p art 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 s hall
sign the composite drawings and/or utility improvement plans. (All dry
utilities shall be placed underground).
b. The Developer s hall negotiate right-of-way with Pacific Gas and Electric
and other utilities subject to the review and approval by the E nginee1ing
Divi sion and the utility companies.
c. Will Serve Letter" from each utility company for the subdivision shall be
supplied to the City.
63. UTILITIES -A note shall be placed on the joint trench composite plans whi ch
states that the plan agrees with City Codes and Standards and that no underground
utility conflict exists. The Joint consultant shall prov ide the City a sep arate
"project utility composite plan" showing all Civil, Landscape, electtical, and joint
trench info1mation to confirm that there are no conflicts with joint trench pla n
utilities.
64. UTILITIES -P1ior to any construction of the dry utilities in the fi eld, the
following will need to be supplied to the City:
i . A professional engineer-original electrical plan.
ii. A letter from the design Electrical or Civil Engineer that states the
electrical plan conforms to City codes and Standards, and to the
approved improvement plans.
65. UTILITIES -Sanitary sewer laterals and/or water meters located in driveways
shall have traffic rated boxes and lids.
66. UTILITIES -The Developer shall perfonn Fire H ydrant test to confinn water
system will adequately serve the development, and will modify any pati of the
RESOLUTION 2020-15
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systems that does not perfonn to the standards established by the City. Developer
shall coordinate with Fire Depa1iment for the Fire Hydrant test.
67. UTILITIES -The project shall fully comply with the measures required by the
City's Water Supply Shmiage 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 pennanent
vo luntary water saving measures and temporary conservation standards.
68. WATER CONSERVATION -Recycled water shall be used for constrnction
water, where available, as detennined 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.
69. WATER QUALITY -Proposed development shall comply with state mandated
regional pe1mits for both pre-constrnction and post-constrnction stormwater
quality requirements per chapter 27D of the Gilroy Municipal Code, a nd is
subject to , but not limited to , the following:
g. At first improvement plan submittal, project shall submit a design level
Stonnwater Control Plan Repmi (in 8 ½ x 11 repmi fonnat), to include
background, smmnary, and explanation of all aspects of sto nnwater
management. Report shall also include exhibits, tables, calculations, and
all technical infonnation supporting facts, including but not limited to,
exhibit of the proposed site conditions which clearly delineates impervious
and pervious areas on site. Provide a separate hatch or shading for
landscaping/pervious areas on-site including those areas that are not
bioretention areas. This stonnwater contro l plan repmi f01mat does not
replace or is not in li eu of any stormwater control plan sheet in
improvement plans.
h. The stonnwater control plan shall include a signed Performance
Requirement Ce1iifications specified in the Stonnwater Guidance Manual.
i. At developer's so le expense, the stormwater contro l plan shall be submitted
for review by an independent third pmiy accepted by the City for
compliance. Result of the peer r eview shall be included with the submittal
for City evaluation.
j . Prior to plan approval, the Developer of the site shall enter into a forn1al
written St01mwater BMP Operation and Maintenance Agreement with the
City, including Exhibit A and Exhibit B.
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 stonnwater management treatment
BMPs. The City-standard Stonnwater BMP Operation and
Maintenance Agreement will be provided by Public Works
Engineering.
RESOLUTION 2020-15
16
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 01iginal desi gn unless approved by the City p1ior
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 stonnwater
management facility becomes a danger to public health or safety,
the city shall have the authority to perfonn maintenance and/or
repair work and to recover the costs from the owner.
iv . All on-site s tonnwater 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 rep a irs or restoration/replacement and maintenance s h all be in
accordance w ith City-approved plans.
vi. The propetiy owner(s) shall develop a maintenance schedule for
the life of any stonnwater management facility and shall describe
the maintenance to be completed, the time period for completion,
and who shall perfonn the maintenance. This maintenance
schedule shall be included with the approved Stonnwater Runoff
Management Plan.
k. Stonnwater BMP Operations and Maintenance Agreement shall include
inspections to be required for this project and shall adhere to the
following:
1. The property owner(s) shall be responsible for having all
stormwater management facilities inspected for condition and
function by a certified third patty QSP or QSD.
11. Sto1mwater facility inspections shall be done at least twice per
year, once in Fall by October 1 s\ in preparation for the wet
season, and once in Winter by March 15th . Written records shall
be kept of all inspections and shall include, at minimum, the
fo ll owing infonnation:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stonnwater facilities inspected;
5. Condition of each stonnwater facility inspected;
6. Description of any needed maintenance or repairs;
and
7. As applicable, the need for site re-inspection.
I. Upon completion of each inspection, an inspection report shall be
submitted to Public Works Engineering no l ater than October 1st for the
Fall report, and no later than March 15 th of the fo llowing year for the
Winter rep01i.
m. Before commencing any grading or construction activities, the developer
shall obtain a National Pollutant Discharge E l imination System (NPDES)
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pennit and provide evidence of filing of a Notice of Intent (NOi) with the
State Water Resources Control Board.
70. WATER QUALITY -The developer is responsible for ensuring that all
contractors are aware of all storn1 water quality measures and implement such
measures. Failure t o comply with the approved construction BMPs will result
in the issuance of con-ection notices, citations or a project stop order.
71. WATER QUALITY -The developer shall secure a QSD or QSP to maintain
all erosion control and BMP measures during construction. The developers
QSD or QSP shall provide the City weekl y inspection reports.
72. Prior to s ite improvement plan submittal , address all red-mark comments and
concerns sh own on the Engineering Exhibit "S" date 10/7/2019
RESOLUTION 2020-15
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2020-15 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
Council held on the 16th day of March, 2020, at which meeting a quorum was present.
IN WllNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
of March, 2020.
s
City Clerk
(Seal)