Resolution 2020-27RESOLUTION NO. 2020-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A THIRD AND FINAL TIME EXTENSION FOR
TENTATIVE MAP TM 13-11 AND ARCHITECTURE AND SITE
REVIEW AS 18-2, CREATING A 202-UNIT CONDOMINIUM
TOWNHOUSE DEVELOPMENT ON PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF SANTA TERESA BOULEVARD AND FIRST
STREET, APN's 808-01-21, 808-01-22 AND 808-01-23, FILED BY EAGLE
GARDENLLC
WHEREAS , on April 4, 2016, the City Council of the City of Gilroy approved TM 13-11
and AS 13-35 creating a 202-unit condominium townhouse development at the southeast comer
of Santa Teresa Boulevard and First Street (APNs 808-01-21, 808-01-22 & 808-01-23); and
WHEREAS , on June 18 , 2018, the City Council of the City of Gilroy approved a 12-
month time extension for TM 13-11 and AS 13-35, pursuant to the provisions in Gilroy City
Code Chapter 21 , Subdivisions and Land Development; and
WHEREAS, on October 29 , 2018, the Community Development Director of the City of
Gilroy approved AS 18-20 allowing minor revisions of a previously approved Architecture and
Site Pe1mit (AS 13-35) pursuant to Tentative Map approval TM 13-11; and
WHEREAS , on June 3, 2019, the City Council of the City of Gilroy approved a second
12-month time extension for TM 13-11 and AS 18-20, pursuant to the provisions in Gilroy City
Code Chapter 21 , Subdivisions and Land Development; and
WHEREAS, The Eagle Garden LLC submitted a third and final Time Extension request
for the Tentative Map TM 13-11 and Architecture and Site Review AS 18-20 creating a 202-unit
condominium townhouse development; and
WHEREAS, the subject prope1ty is located at the southeast corner of Santa Teresa Blvd.
and First St. and consists of approximately 10 acres ; and
WHEREAS , in accordance with the California Environmental Quality Act, the City
Council adopted the Mitigated Negative Declaration (MND) that was prepared for the project in
2016. It was detennined , with implementation of the identified mitigation measures , there would
be no significant adverse impacts resulting from the development, and that the proposed time
extension would not impose any fmther significant adverse effects; and
WHEREAS, the City Council held a duly noticed public meeting on May 4, 2020 , and
considered the public testimony, the staff repmt and all other documentation related to the
requested time extension; and
RESOLUTION 2020-27
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WHEREAS , the location and custodian of the documents or other materials that
constitute the record of proceedings upon which TM 13-11 and AS 18-20 time extension request
is based is the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT, The City Council of the City of Gilroy
hereby approves the third and final 12-month time extension for TM 13-11 and AS 18-20 to
April 4, 2021 , subject to the attached conditions of approval set forth in Exhibit "A " attached
hereto.
PASSED AND ADOPTED this 4th day of May 2020, by the following roll call
vote :
AYES:
NOES:
ABSENT:
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ATTE;S 1T: . I
COUNCILMEMBERS : BLANKLEY, BRACCO , LEROE-
MUNOZ , MARQUES, TOY AR, TUCKER and VELASCO
COUNCILMEMBERS :
COUNCILMEMBERS :
NONE
NONE
APPROVED:
Roland Velasco , Mayor
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RESOLUTION 2020-27
Exhibit A
City Council Resolution 2020-xx
TM 13-11 Conditions of Approval
Note : The following abbreviations identify the City department or division responsible for determining
compliance with these standard 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. Internal information shown in
italics at the end of each condition provides internal reference for the condition: Some are standard
permit conditions (e .g . G-1) while some are taken from environmental documents (e.g. MND-S2).
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL Building Division/Inspectors PK Parks/Landscape Design
CA City Attorney PL Planning Division
CE Code Enforcement PW Public Works/Engineering
FD Fire Department TR Traffic Division
PD Police Department WW Wastewater/Source Control
GENERAL PROJECT CONDITIONS
1. This permit is granted for the property described in the application on file with
the Planning Division, and may not be transferred from one property to
another, unless a request is requested and granted by the Planning Manager,
pursuant to the City Code. (PL , G-1)
2. This permit is granted for approved plans ("the plans") on file with the Planning
Division . The project shall conform to the plans, except as otherwise specified
in these conditions. Any subsequent modification or deviation to the approved
plans shall be considered by the Planning Manager, may require separate
discretionary approval and shall conform to City Code requirements or policies
adopted by City Council. (PL, G-2)
3. Developer means permit applicant , property owner, and/or tenants using the
space(s) for the intended use(s). Compliance with project conditions is
expected for the life of the project. (CA, G-3)
4. An approved tentative map shall expire twenty-four (24) months from
the original approval date. (PL, G-6)
5. 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-7)
6. Failure to appeal this decision in a timely manner or commencement of any
activity related to the project is understood to clarify the 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-8)
7. Developer shall complete all required off-site and on-site improvements
related to the project, including structures, paving, and landscaping , prior to
occupancy unless otherwise allowed by the Community Development
Director. (BL, G-9)
8. Developer agrees , as a condition of adoption of this resolution , at Developer's
own expense, to defend, indemnify , and hold harmless the City of Gilroy and its
officers, contractors, consultants , attorneys , employees and agents from any
and all claim(s), action(s) or proceeding(s) brought against City or it's 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-10)
9. Any covenants, cond itions, 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. (CA, G-11)
10. Developer shall complete the "Notice of Land Use Restrict ions 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, together with
the required fees to the Planning Manager. (PL, G-12)
11 . 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 pursuant to the City Code. (CA , G-13)
12. Prior to issuance of building permits , Developer shall correct all violations of
the City Code existing on the project property for which the City has open
cases. (PL/CE, G-14)
13 . Approval of this Vesting Tentative Map application is subject to approval of
Zoning/Planned Unit Development application Z 13-08 and Architectural and
Site Review Permit AS 13-35. Should either of those applications not be
approved or be rescinded , this approval shall become null and void .
14. Building and grading permits for the project shall not be issued prior
to recordation of the final map.
PLANNING DIVISION STANDARD CONDITIONS
15. Developer acknowledges that because of water limitations placed on the city
by its water prov iders, 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 w ith mandated water
conservation or allocation plans. (PL/PW , PL-1)
16. Developer shall submit plans for building permit applications that include , on all
sets, a reproduction of all conditions of approval of this permit, as adopted by
the decision-maker. (PL, PL-3)
17. Developer may not modify any use approved by this permit unless the
Community Development Director or designee determines that Developer
has provided the parking required by the City Code for the modified use.
(PL, PL-6)
18. All project on-site lighting shall be of a type and in a location that does not
constitute a hazard to vehicular traffic , either on private property or on
public property, including streets . Such lighting shall not conflict with
drainage plans, landscape plans , tree locations, parking spaces , or any
other such land use concerns. (PL , PL-7)
PLANNING DIVISION SPECIAL CONDITIONS
20. Prior to approval of the final map, the subdivision shall be modified to
address the following items to the approval of the Planning Division:
a. Elimination of the 10-foot PSE in the southeast portion of the site
b. Retention and realignment of the emergency vehicle access from the
adjacent property to the south to First St.
c. An easement to provide access from the subject property and the
adjacent property to the south to the shopping center to the east ,
subject to Shopping Center approval. In the event Shopping Center
does not agree to said easement, this condition shall not be enforced .
d. Decorative pavement at project entrances and walkways and
crosswalks, to the approval of the Public Works and Community
Development Directors .
e. Elimination of two speed tables and revision to the location of guest
parking as shown on Site Plan Alternate, dated 9/11 /15.
f. Modification of the private street behind unit 119 to provide adequate
room for backing out of that garage.
g. Minor modification of the project layout near the intersection of Santa
Teresa Blvd. and First St., not resulting in loss of units, in order to
maintain adequate front yard setbacks from the roundabout proposed
for this intersection.
21. No on-site fill material may be retained by the existing pre-cast concrete
property boundary walls.
22. Prior to approval of the final map, a phasing plan for construction of the
project shall be submitted to and approved by the Community Development
and Public Works Directors. The phasing plan shall include the timing of
installation of common area improvements, including private streets,
landscaping, recreational facilities and blocks of townhouse units .
23. Prior to approval of the final map, a copy of the CC&Rs and By-Laws for the
homeowners association shall be submitted to and approved by the Planning
Division. The Homeowners Association shall be responsible for enforcing all
requirements of the CC&Rs and By-Laws, with special attention to the
following. These documents shall include at a minimum the following
provisions that may only be modified or deleted upon City approval :
a. At all times, unit garages shall maintain a minimum 20' x 20' clear
space be used for parking of vehicles only. Resident vehicles shall be
parked in the unit garages and not in guest parking spaces or on
public streets.
b. For the life of the development, the Homeowner Association shall
contract for the placement of garbage and recycling taters on the
resident driveway aprons of each unit within two hours after rubbish
pick-up and within two hours after recycling pick-up.
c. For the life of the development, no parking shall be allowed on the
private streets within the subdivision except as shown and conditioned
on the approved plans.
24 . Prior to issuance of a grading permit, the applicant shall obtain a Santa Clara
Valley Habitat Plan permit from the City of Gilroy. The permit will require
implementation of all applicable project conditions and payment of appropriate
land cover fees.
The applicant shall be responsible for the implementation of this
mitigation measure, subject to monitoring by the City of Gilroy.
25. Due to the possibility that significant buried cultural resources might be found
during construction, the applicant shall include the following language on any
grading, site work, and construction plans issued for the project site, subject to
the review and approval of the Gilroy Planning Division (pursuant to Gilroy
General Plan Policy 5.07):
If archaeological resources are discovered during construction, work shall be
halted within 50 meters (165 feet) of the find until a qualified professional
archaeologist can evaluate it. If the find is determined to be significant,
appropriate mitigation measures shall be formulated and implemented.
26. In the event of an accidental discovery or recognition of any human remains in
any location other than a dedicated cemetery, the applicant shall include the
following language is included in all grading, site work , and construction plans
in accordance with CEQA Guidelines section 15064.5(e), subject to the
review and approval of the City of Gilroy Planning Division:
If human remains are found during construction 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 Nat ive 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 recommendat ion; or c) the landowne r 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.
27 . Compliance with all conditions of approval of Zoning/Planned Unit
Development 13-08 and Architectural and Site Review Permit AS 13-35 shall
also be a condition of this approval.
Environmental Mitigation Measures
28. The following Best Management Practices (BMPs) (as set forth in Table 8-1,
BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD
CEQA Air Quality Guidelines), shall be included in the Project's construction-
contract specifications. The control measures shall be included on all grading ,
site work , and construction plans and implemented during the duration of all
proposed construction activities:
a. All exposed surfaces (e.g., parking areas , staging areas , soil piles,
graded areas , and unpaved access roads) shall be watered two times
per day.
b. All haul trucks transporting so il, sand, or other loose material off-site
shall be covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per
day. The use of dry power sweep ing is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways , driveways , and sidewalks to be paved shall be
completed as soon as possible.
f. Idling times shall be minimized either by shutting equipment off when
not in use or reducing the maximum idling time to five m inutes (as
required by the California airborne toxics control measure Title 13,
Section 2485 of California Code of Regulations [CCR]). Clear signage
shall be provided for construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified mechanic and determined to be running in
proper condition prior to operation.
h. Post a publicly visible sign with the telephone number and person to
contact at the City regarding dust complaints. This person shall
respond and take corrective action w ithin 48 hours . The BAAQMD's
phone number shall also be visible to ensure compliance with
applicable regulations. (MND AQ -1)
29. Prior to issuance of building permits , the Project shall implement the
following design recommendations:
a . Establish and plot onto all plans the vertical and horizontal locations of
all trees identified for preservation, and forward the plans to the
Consulting Arborist for review and comment.
b. Any changes to the plans affecting the trees shall be reviewed by the
Consulting Arborist with regard to tree impacts. These include, but
are not limited to, demolition plans , improvement plans, utility and
drainage plans, grading plans , and landscape and irrigation plans.
c. A Tree Protection Zone (TPZ) shall be established around each tree to
be preserved. TPZs for trees identified for preservation are identified in
the following table. No trenching, excavation , construction or storage of
materials shall occur within that zone. No underground services
including utilities, sub-drains, water or sewer shall be placed in the TPZ .
Spoil from trench, footing, utility, or other excavation shall not be placed
within the TPZ, either temporarily or permanently.
29 . Tree No. 30.TPZ
31.#21 and 25-32. 5'W. DL in all other directions
31
33.#81-84 34. 5' N. DL in all other directions
35 . #22 and 23 36. 1 O' W. DL in all other directions
37. Note: DL = Dripline
d. The Tree Preservation Guidelines, prepared by the Consulting
Arborist, shall be included on all plans.
e. Underground services including utilities, sub-drains, water or sewer shall
be routed around the Tree Protection Zone. Where encroachment
cannot be avoided, special construction techniques such as hand
digging or tunneling under roots shall be employed to minimize root
injury.
f. Locate all temporary access roads to remain outside TPZs.
g. Any herbicides placed under paving materials must be safe for
use around trees and labeled for that use.
h. Irrigation systems must be designed so that no trenching shall
occur within the TPZs. (MND BIO-1)
30 . The Project shall implement the following pre-construction treatments
and recommendations:
a. The construction superintendent shall meet with the Consulting
Arborist before beginning work to discuss work procedures and tree
protection.
b. Fence all trees to be retained to completely enclose the TPZ prior to
demolition, grubbing or grading. Fences shall be 6' high chain link,
mounted to steel posts firmly driven into the ground or on stanchions
fastened securely with rebar staples 12" deep, as required by the
City . Fences are to remain until all grading and construction is
completed.
c. Trees recommended for preservation may require clearance pruning
for construction. All pruning shall be completed by a Certified Arborist
or Tree Worker and adhere to the latest edition of the ANSI Z133 and
A300 standards as well as the Best Management Practices-Tree
Pruning, published by the International Society of Arboriculture.
d. Structures and underground features to be removed within the TPZ
shall use the smallest equipment, and operate from outside the TPZ.
The consultant shall be onsite during all operations within the TPZ to
monitor demolition activity.
e. A 4-6" wood chip mulch shall be applied and maintained within the
TPZ. (MND BIO-2)
31. The Project shall implement the following recommendations for tree
protection during construction:
a. Prior to beginning work, all contractors working in the vicinity of trees to
be preserved are required to meet with the Consulting Arborist at the
site to review all work procedures, access routes, storage areas and tree
protection measures.
b. No grading, construction, demolition or other work shall occur within
the TPZs. Any modifications must be approved and monitored by the
Consulting Arborist.
c. Any excavation within the dripline or other work that is expected to
encounter tree roots shall be approved and monitored by the
Consulting Arborist. Roots shall be cut by manually digging and
trench and cutting exposed roots with a sharp saw. The Consulting
Arborist shall identify where root pruning is required.
d. If injury should occur to any tree during construction, it shall be
evaluated as soon as possible by the Consulting Arborist so that
appropriate treatments can be applied.
e. Any roots damaged during grading or construction shall be exposed
to sound tissue and cut cleanly with a saw.
f. Fences have been erected to protect trees to be preserved; these
fences define a specific TPZ for each tree or group of trees. Fences
shall remain until all site work has been completed. Fences shall not be
relocated or removed without permission of the Consultant.
g. Construction trailers, traffic and storage areas shall remain outside
fenced areas at all times.
h. Prior to grading, pad preparation, excavation for
foundations/footings/walls, trenching, trees may require root pruning
outside the TPZ by cutting all roots cleanly to the depth of the
excavation. Roots shall be cut by manually digging a trench and cutting
exposed roots with a saw, with a vibrating knife, rock saw, narrow
trencher with sharp blades, or other approved root pruning equipment.
The Consulting Arborist shall identify where root pruning is required.
i. No excess soil, chemicals, debris, equipment or other materials shall
be dumped or stored within the TPZs.
j. Any additional tree pruning needed for clearance during construction
shall be performed by a Certified Arborist and not by PG&E or
construction personnel. (MND B10-3)
32 . For the life of the development, the Project shall implement the
following measure for tree maintenance:
a. Tree health and structural stability shall be monitored, since preserved
trees may experience a physical environment different from that of pre-
development. Occasional pruning, fertilization, mulch, pest
management, replanting and irrigation may be required. (MND B10-4)
33. Significant Trees -Replacement and Planting Measures. Prior to Grading
Permit issuance, the Applicant shall contract with a certified arborist to
determine the value of the significant trees to be removed. The value of the
significant trees to be removed shall be used to enhance tree planting on the
site, to the approval of the Community Development Director or designee.
(MND B10-5)
34. Prior to excavation, any soil that is excavated and/or hauled away for disposal
shall be characterized by a qualified environmental professional for the
possible presence of agricultural chemicals, according to state and federal
regulations, in order to profile the soil for disposal. (MND HAZ-1)
35. Prior to issuance of a Demolition Permit for any structures within the Project
area (or prior to issuance of a Grading Permit for vacant properties), the
property and any ons ite structure(s) shall be evaluated for occurrence of
asbestos-containing materials , lead-based paints , and/or other hazardous
materials. The City of Gilroy Hazardous Materials Program would perform
oversight of cleanup and investigation of hazardous materials and hazardous
waste contamination. (MND HAZ-2)
36 . Prior to the issuance of the Grading Permit , the Applicant shall prepare a
detailed Hydrology Study, approved by the City Engineer, demonstrating that
all runoff would be treated and contained onsite. The Study shall
demonstrate that all storm drain facilities are designed for the 25-year storm
event protection. (MND HYD-1)
37 . Prior to Grading Permit issuance , the Applicant shall demonstrate, to the
satisfaction of the City of Gilroy Community Development Director or
designee that the Project complies with the following :
a. Construction contracts specify that all construction equipment , fixed or
mobile, shall be equipped with properly operating and maintained
mufflers and other state required noise attenuation devices .
b. Construction haul routes shall be designed to avoid noise sensitive
uses (e.g., residences , convalescent homes, etc.), to the extent
feasible.
c. During construction, stationary construction equipment shall be
placed such that emitted noise is d irected away from sensitive noise
receivers .
d . Construction activities shall not take place outside of the allowable
hours specified by Gilroy City Code Section 16.38 , Hours of
Construction (between 7:00 AM and 7:00 PM on weekdays, and
between 9:00 AM and 7:00 PM on Saturdays). Construction activities
are not permitted on Sundays or City holidays. (MND N-1)
38 . After the plot plans and architectural drawings have been developed, and prior
to the issuance of Building Permits, the City of Gilroy Building Official shall
confirm that the applicable project plans and specifications include sound -rated
windows for Project residential areas immediately adjacent to First Street (SR-
152) and Santa Teresa Boulevard (i.e ., along the roadway or with a direct line of
sight). All exterior windows for residences adjacent to First Street (SR-152) and
Santa Teresa Boulevard shall be constructed with upgraded windows to provide
an airborne sound insulation system achieving a minimum Sound Transmission
Class (STC) of 33 . The final site design shall also implement centralized
heating/ ventilation/air-conditioning (HVAC) units on all these dwelling units to
ensure noise levels would be below 45 dBA CNEL with windows and doors
closed . The Applicant, as an alternative , may retain a qualified acoustical
consultant whom shall submit a report for an alternative means of sound
insulation satisfactory to the City of Gilroy which achieves a maximum interior
noise level of 45 dBA CNEL. (MND N-2)
39. Intersection 1 (Santa Teresa Boulevard/ Fitzgerald Avenue) -The significant
project impact to this intersection shall be mitigated with the addition of a
separate northbound right-turn land on Santa Teresa Blvd. to eastbound
Fitzgerald Ave. Adding a separate northbound right-turn lane would improve
the intersection level of service conditions to better than background
conditions (LOC C and E during the AM and PM peak hours, respectively.)
This improvement has been identified in the City's Traffic Circulation Master
Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement
Agreement would be developed between the City and the developer to
complete the improvement such that the developer would be reimbursed for
the cost of the improvement, less the project's fair-share contribution.
Since this is a County facility and a County encroachment permit will be
required, it is prudent to have the developer provide a fair-share contribution,
in lieu of construction. Details as to fair-share amount, schedule for payment
of fair-share contribution, or construction, shall be established in a
subsequent agreement. It is estimated that the fair share contribution will be
based on 5% of cumulative project trips passing through this intersection. The
estimated cost of the improvement is $2,062,181 in 2015 TIF dollars. The
developer's fair-share cost is estimated at $103,109.
The Developer shall pay the 5% improvement fair-share contribution in an
amount reflective of the current project cost. This value shall be calculated
using the 2015 improvement cost plus an escalated amount based on the
Engineering News Record Construction Cost Index. Payment of this 5% fair-
share cost shall be made by the developer prior to the issuance of the first
building permit.
40. Intersection 3 (Santa Teresa Boulevard/ Day Road East) -The cumulative
project impact to this intersection shall be mitigated with the addition of a
second northbound through lane on Santa Teresa Blvd. Adding a second
northbound through lane would improve the intersection level of service
conditions to better than cumulative (no project) conditions (LOS D during the
AM peak hour.)
This improvement has been identified in the City's Traffic Circulation Master
Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement
Agreement would be developed between the City and the developer to
complete the improvement such that the developer would be reimbursed for the
cost of the improvement, less the project's fair-share contribution.
This condition was also assigned to another developer (Silveira -Tract 10230).
This condition has been fully met by the Tract 10230 developer and is no longer
in need of subsequent mitigations by the lmwalle Townhomes project.
41. Intersection 4 (Santa Teresa Boulevard/ Sunrise Drive)-The significant
project impact to this intersection shall be mitigated with the addition of a
second northbound through lane on Santa Teresa Blvd. Adding a second
northbound through lane would improve the intersection level of service
conditions to better than background conditions (LOS B during the AM peak
hour.)
This improvement has been identified in the City's Traffic Circulation Master
Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement
Agreement would be developed between the City and the developer to
complete the improvement such that the developer would be reimbursed for
the cost of the improvement, less the project's fair-share contribution.
Timing for completion of this improvement is revised as follows: Construction
shall commence prior to issuance of the 100th building permit and
construction shall be complete prior to issuance of the 150th building permit,
and to the satisfaction of the City Traffic Engineer.
42. Intersection 10 (Kelton Drive-Project Access/ First Street) -This intersection
is within Caltrans jurisdiction, the Project Applicant shall: 1) Construct the
fourth leg of the existing First/Kelton intersection on the south side of the
intersection to align with Kelton Street on the north side of First Street to form
a four-leg intersection. 2) Coordinate construction of signal improvements at
this intersection in conjunction with development of the First and Kelton
Commercial Project (AS 17-25). 3) Provide adequate dedication of any Public
Service Easement necessary for placement of signal equipment for the
signalized intersection improvements. 4) Obtain any necessary permit from
Caltrans for work along the project's First Street frontage.
Should the First and Kelton Commercial Project (AS 17-25) proceed with the
intersection signal improvements in advance of any site construction work on
this project site, the developer shall provide the necessary site
accommodation for the signal equipment to be installed.
43. Intersection 13 (Wren Avenue/ Welburn Avenue) -The construction of signal
improvements at this intersection are underway. Mitigation of this intersection
traffic impacts are no longer necessary for this project.
44. Intersection 17 (Monterey Street/ Fitzgerald Avenue-Masten Avenue)-The
significant project impact to this intersection shall be mitigated by providing
protected left-turns on the east and west approaches of the intersection.
Additionally, by changing the east-west signal phase from split to protected,
Fitzgerald Ave. would need to be widened to provide an exclusive eastbound
left-turn lane. Implementation of the proposed improvements would improve
the intersection level of service conditions to better than background
conditions (LOS C and D during the AM and PM peak hours, respectively.)
This improvement has been identified in the City's Traffic Circulation Master
Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement
Agreement would be developed between the City and the developer to
complete the improvement such that the developer would be reimbursed for
the cost of the improvement, less the project's fair-share contribution.
Since this is a County facility and a County encroachment permit will be
required , it is prudent to have the developer provide a fair-share contribution,
in lieu of construction . Details as to fair-share amount, schedule for payment of
fair-share contribution , or construction , shall be established in a subsequent
agreement. It is estimated that the fair share contribution will be based on 5%
of cumulative project trips passing through this intersection . The estimated
cost of the improvement is $1 ,776 ,143 in 2015 TIF dollars. The developer's
fair-share cost is estimated at $88 ,807.
The Developer shall pay the 5% improvement fair-share contribution in an
amount reflective of the current project cost. This value shall be calculated
using the 2015 improvement cost plus an escalated amount based on the
Engineering News Record Const ruction Cost Index. Payment of this 5% fair-
share cost shall be made by the developer prior to the issuance of the first
building permit.
45. Intersection 22 (US-101 SB Ramps/ Masten Avenue) -The significant project
impact to this intersection shall be mitigated by installing a traffic signal. The
intersection level of service would be LOS B during both peak hours with
signalization .
This improvement has been identified in the City's Traffic Circulation Master
Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus , a Reimbursement
Agreement would be developed between the City and the developer to
complete the improvement such that the developer would be reimbursed for
the cost of the improvement , less the project's fair-share contribution.
Since this is a County facility and a County encroachment permit will be
required, it is prudent to have the developer provide a fair-sha re contribution,
in lieu of construction. Details as to fair-share amount, schedule for payment
of fair-share contribution , or construction , shall be established in a subsequent
agreement. It is estimated that the fair share contribution will be based on
2 .5% of cumulat ive project trips passing through this intersection . The
estimated cost of the improvement is $765 ,618 in 2015 TIF dollars. The
developer's fair-share cost is estimated at $19 ,140.
The Develolper shall pay the 5% improvement fair-share contribution in an
amount reflective of the current project cost. This value shall be calculated
using the 2015 improvement cost plus an escalated amount based on the
Engineering News Record Construction Cost Index. Payment of this 5% fair-
share cost shall be made by the developer prior to the issuance of the first
building permit.
46. Intersection 23 (US 101 Northbound Ramps/ Masten Ave.) -The significant
project impact to this intersection shall be mitigated by installing a traffic signal.
The intersection level of service would be LOS C and B during the AM and PM
peak hours, respectively, with signalization.
This improvement has been identified in the City's Traffic Circulation Master
Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement
Agreement would be developed between the City and the developer to
complete the improvement such that the developer would be reimbursed for the
cost of the improvement, less the project's fair-share contribution.
Since this is a County facility and a County encroachment permit will be
required, it is prudent to have the developer provide a fair-share contribution, in
lieu of construction. Details as to fair-share amount, schedule for payment of
fair-share contribution, or construction , shall be established in a subsequent
agreement. It is estimated that the fair share contribution will be based on 2.5%
of cumulative project trips passing through this intersection. The estimated cost
of the improvement is $788,118 in 2015 TIF dollars. The developer's fair-share
cost is estimated at $19,703.
The Developer shall pay the 5% improvement fair-share contribution in an
amount reflective of the current project cost. This value shall be calculated
using the 2015 improvement cost plus an escalated amount based on the
Engineering News Record Construction Cost Index. Payment of this 5% fair-
share cost shall be made by the developer prior to the issuance of the first
building permit.
PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS
47. GENERAL
a. Developer shall perform all work in compliance with the City of Gilroy
Specifications, Standards Design Criteria, and Development Agreement
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.
b. 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 .
c. The applicant shall obtain all necessary permits from federal, state, and
local agencies as required to construct the proposed improvements
including , but not limited to , the Santa Clara County Roads & Airports
Department, Caltrans and Regional Water Quality Control Board.
d. All existing utility poles shall be removed, and all utilities
placed underground. No new poles are allowed .
48. GENERAL -Applicant shall obtain will serve and review letter from Recology
confirming serviceability and site accessibility of solid waste pickup . Contract Steven
Lucchetti, Operations Manager 408-842-3358.
49. FEES
a . The project is subject to the City 's Street Tree , Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees . Payment of
Street Tree and Storm Development Impact Fees is required at first
building permit issuance. Sewer, Water, Traffic, and Public Facilities
Development Impact Fees are due prior to building occupancy. Note
that there will be a fee increase beginning 7/1/2018 .
b . At improvement plan submittal, Developer shall submit an estimate of
the probable cost of improvements and shall pay 40% of the plan
check and inspection fees.
c. Prior to final map/improvement plan approval , Developer shall submit a
final construction cost estimate and pay the remaining 60% of the
revised plan check and inspection fees based on the final revised
construction cost estimate and other related fees that the property is
subject to , enter into a property improvement agreement , and provide
payment and performance bonds.
d. The fees shall be based on the current comprehensive fee schedule
in effect at the time of fee payment , consistent with city policy .
e. The sum of all fair-share contributions in lieu of construction of the
improvements shall be recalculated to reflect current construction costs
as identified in each traffic mitigation improvement condition as
indicated . Details as to fair-share amount, schedule for payment of fair-
share contribution , or construction , shall be established in a subsequent
agreement , to be worked out between City and developer, prior to
issuance of the first building permit.
f. The project's estimated Traffic Impact Fee for 202 units is $9,099per unit
(high density residential) for a total of $1,837,998.00 based on the
currently effective fee schedule dated July 1, 2015 . Based on the fee
schedule that will be effective on July 1, 2018, the estimated Traffic
Impact Fee is $9 ,372per unit (high density residential) for a total of
$1 ,893,144.00 . The Traffic Impact Fee will be due prior to building
occupancy. Note that there will be another 3% traffic impact fee increase
beginning July 1, 2019. The Traffic Impact fee and other development
impact fees due for this project shall be based on the current
comprehensive fee schedule in effect at the time of fee payment,
consistent with city policy .
50. TRANSPORTATION
a. Developer shall submit photometric plans prior to first building
permit issuance.
b. Developer shall install all joint trench to have (4) dedicated 1112 " SCH 80
PVC conduit for City Fiber Optic need in a quad duct arrangement
along Santa Teresa and First Street frontage . Quad duct shall be per
City STD EL -11.
c . 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.
d. Final streetlight locations shall be to the satisfaction of the
City Transportation Engineer and shall follow City
standards .
e. Developer shall design driveway grades to keep the automobile
from dragging or "bottoming out" on the street or driveway and to
keep water collected in the street from the 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.
f. Any work in the public right-of-way shall require a traffic control plan
prepared by a licensed , profess ional 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 Un iform Traffic Control Devices. The Traffic
Control Plan shall be included in the Improvement Plans and shall be
approved prior to grading permit issuance.
g . Prior to the issuance of 100th building permit, provide for VT A-approved
bus stop along the First Street frontage of the project to support the
extension of the Line 19 bus route. Contact Rod Ballesteros , Operations
Manager at VTA (408) 321-2300 for design requirements .
h. At improvement plan phase , Developer shall provide street lighting
per current Public Works standard LED type 15 arrangement.
i. Prior to the issuance of the first building permit , Developer shall
provide an on-site/off-site striping plan for review and approval by the
Engineering Division.
51 . GRADING/DRAINAGE
a . All grading activity shall address National Pollutant Discharge
Elimination System (NPDES) concerns. If all or part of the construction
occurs during the rainy season , the developer shall submit an Erosion
Control Plan to the Public Works Director for review and approval. This
plan shall incorporate erosion control devices and other techniques in
accordance with Municipal Code§ 27C to minimize erosion. 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
Improvement Plan/Final Map approval.
b. 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.
c . Prior to issuance of the first building permit, the applicant's soils
engineer shall review the final grading and drainage plans to ensure
that designs for foundations, retaining walls, site grading, and site
drainage are in accordance with their recommendations 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.
52. TRANSPORTATION
All streets and alleys shall be private and maintained by the HOA.
53. 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 swepth
analysis software, all turning and street circulation movements.
54. 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 swepth analysis software , all
turning and street circulation movements.
55. 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.
a. All construction water from fire hydrants shall be metered and billed at
the current hydrant meter rate .
b. 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 .
c. Where recycled wate r 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.
56. WATER: The Developer shall perform field verification testing of the water
system and will modify any part of the systems that does not perform to
the standards established by the City .
57. UT ILI T IES
a . Sanitary sewer laterals and/or water meters located in driveways
shall have traffic rated boxes and lids.
b. 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 .
c. The Developer/Contractor shall make accessible any or all City utilities
as directed by the Public Works Director.
d. Storm and sewer lines in private areas shall be privately
maintained unless approved by the Public Works Director.
e. Improvement plans are required for all on-site and off-site
improvements. The following items wil l need to be completed prior to
first building permit submittal :
i. 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).
ii. 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.
iii. "Will Serve Letter" from each utility company for the subdivision
shall be supplied to the City.
f. Joint trench composite plans shall be approved prior to final
map/improvement plan approval or as otherwise determined by the
Public Works Director/City Engineer.
g. 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.
h. Prior to any construction of the dry utilities in the field, the following
will need to be supplied to the City:
i. A professional engineer-signed and PG&E-approved 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 subdivision improvement plans.
58. NOTICING: At least one week prior to commencement of work, the Developer
shall post at the site and mail to owne rs of property within (300') three hundred
feet of the exterior boundary of the project site, to the homeowner associations
of nearby residential projects and to the Engineering Division, 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.
59 . START OF CONTRUCTION: 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.
60. WORKING HOURS: 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 will apply additional
construction period restrictions, as necessary, to accommodate standard
commute traffic along arterial roadways and along school commute routes.
61. WORK INSPECTION: All work shown on the improvement plans shall be
inspected . Uninspected work shall be removed as deemed appropriate by
the Public Works Director.
62. HAUL PERMIT: 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.
63. DUST CONTROL: 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.
64. CONSTRUCTION STREET 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).
65. STREET MAINTENANCE: 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.
66 . RESTORATION OF 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. Improvements such as, but not
limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised
pavement markers, thermoplastic pavement markings, etc. shall be repaired
and replaced to a condition equal to or better than the original condition.
Existing improvement to be repaired or replaced shall be at the direction of the
Engineering Construction Inspector, and shall comply with all Title 24 Disabled
Access provisions. Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify
existing conditions.
67. FINAL MAP : The tentative map and all final maps shall designate all common lots and
easements as lettered lots or lettered easements. The Final map should be clear on
the limits of Public vs. Private (HOA) responsibilities . The Final map should also be
clear of the HOA vs . Homeowners responsibilities .
68 . 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. This information shall be clearly included in the
Conditions ,
69. MONUMENTS
a. A minimum of one exterior monument shall be set. Additional
monuments can be required by the City Engineer or City Surveyor as
deemed necessary.
b. Location of monuments shall be tied out prior to work . Any City
monument damaged, displaced or destroyed sha ll be replaced
at the developer's sole expense .
c. In accordance with the California Professional Land Surveyors' Act
(Business and Professions Code) Chapter 15 Sect ions 8771 and
8725 , California Penal Code 605 , and California Government Code
27581, the developer, their employees, subcontractors , and/or any
person performing construction activities that will or may disturb an
existing roadway/ street monument , corner stake, or any other
permanent surveyed monument shall show all current monuments on
the plans and shall ensure that a Corner Record and/or Record of
Survey are filed with the County Surveyor Office prior to disturbing
said monuments . All disturbed or destroyed monuments shall be
reset and filed in compliance with Section 8771.
70. GRADE CERTIFICATION: 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 .
71. ACCEPTANCE OF IMPROVEMENTS: 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
p rior 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.
PUBLIC WORKS/ENGINEERING DIVISION SPECIAL CONDITIONS
72 . UTILITY PLAN: Prior to issuance of construction permits , appl icant shall revise
the Utility Plan to comply with the following :
a. Provide missing invert elevations for the sanitary sewer system.
b. Revise invert information on private streets to show the correct
direction of flow.
73. UTILITY PLAN: All utilities shall be private (Storm, Water, Sewer)
7 4. STORMWATER: This project shall comply with post-construction stormwater
quality requirements per Chapter 27D of the Gilroy Municipal Code.
a. At grading permit phase, submit design level Stormwater
Management Plan for review and approval that includes the
following :
i. Areas to be converted to pervious surface: The type of
pervious surface(s) and proposed areas for conversion shall
be to the satisfaction of the Community Development Director
and Public Works Di rector or their designees.
ii . Stormwater Treatment Summary Table that meets the
required percentage of equivalent impervious surface
area.
iii . stormwater calculations
iv. Overland release arrows
v . A report including the above items and summarizing existing
conditions , design summary, oportunities/constraints regarding the
stormwater management design , and detailed explanation of all
aspects of the stormwater management design.
b. At grading permit phase, appl icant shall submit the final
signed Performance Requirement Certifications specified in
the Stormwater Guidance Manual.
c. Stormwater BMP Operation and Maintenance Agreement
i. Prior to the issuance of the first building permit , the Developer of
the site shall enter into a formal written Stormwater BMP
Operation and Maintenance Agreement with the City . The City
shall record this agreement , against the property or properties
involved , w ith the County of Santa Clara and it shall be binding
on all subsequent owners of land served by the storm water
management treatment BMPs. The City-standard Stormwater
BMP Operation and Maintenance Agreement will be provided by
Public Works Engineering.
ii. This Agreement shall require that the BMPs not be modif ied and
BMP maintenance activities not alte r 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), an owners' or
homeowners' association or other legal entity approved by the
City.
v. Any repairs or restoration/replacement and maintenance
shall be i n 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:
iii. Site address;
iv . Date and time of inspection ;
v. Name of the person conducting the inspection;
vi. List of stormwater facilities inspected;
vii. Condition of each stormwater facility inspected ;
viii. Description of any needed maintenance or repairs ; and
ix. 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 1s t for
the fall report, and no later than March 15 th of the following year for
the winter report .
75. STORMWATER: All stormwater management design facilities shall not
conflict with surrounding structures, footings, utilit ies, etc. All BMP and LID
design shall consider the proximity to existing and proposed structures.
76 . STORMWATER: The Civil design engineer shall ensure that the landscape
design does not conflict or obstruct the design , use, and maintenance of
stormwater management facilities. All landscape planting shall not interfere
with the stormwater management design and facilities.
FIRE DEPARTMENT STANDARD CONDITIONS
77. TM Condit ions shall be included on off-site improvement plans as "Fire
Department Notes" Prior to street completion the Fire Marshal shall be
contacted and a fire clearance for off-site improvements be scheduled. No
building permits will be issued without a Fire -Off-Site Improvement Inspection
and Fire Flow Test administered by the Fire Marshal.
78 . Secondary access shall be provided when 30 or more units served .
Secondary Access does not need to serve as public access , however the
roadway shall meet the City standards as a street. Any alternative des igns
are subject to review and approval by the Fire Ch ief.
79. Gated Access Roadways shall be provided with electronic and provided with
a click to open electronic opening system compatible with the Fire
Department equipment as well as KNOX key over ride for both Fire and
Police access.
80. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi res idual pressure.
Street Hydrants shall be spaced every 300 ft., and within 150 ft. of any
building . Off-site improvement plan shall provide Fire Hydrants per the City
Standard for type , location , red curb and blue reflective marker placement.
Hydrants shall be installed prior to commencement of construction with
combustible materials. Note: if hydrant placement causes a parking space to
be obstructed the parking space shall be replaced at another location in the
development.
81. All homes shall be provided with water laterals and meters sized to allow for
a residential NFPA 13d fire sprinkler system. At a minimum the off-site
improvement plan shall provide 1.5 inch water laterals and 1" meters sized
to allow for a residential NFPA 13d fire sprinkler system. A fire flow test
shall be obtained from the Fire Marshal fo r the purpose of Fire Sprinkler
design.
82 . Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical
clearance of not less than 13 .5 ft. shall be provided. Turning radius shall not
be less than 32 ' inside and 39 '. Dead end streets greater than 150 ' in shall
be provided with a cul-de-sac of 78 'diameter unless they qualify for an
exemption.
83. Road widths shall be as follows:
a. Less than 28 ft., no parking on either side
b. Less than 36 ft.,. no parking on one side.
c. At or over 36 ft., parking not restricted.
d. 78' diameter cul de sac-no parking
e. 98' diameter cul de sac-parking not restricted
84 . Where parking is restricted, curbs shall be painted red at installation with the
stencil FIRE LANE every 25 feet, or every 75 feet No Parking -Fire Lane signs
shall be installed per MUTCD standard at street completion. Repainting may
be necessary at final project completion and prior to tract acceptance.
Include curbing and/or signage details in the Off-Site improvement plans.
Private roadway striping and/or signage shall be enforced and maintained by
the HOA. A parking enforcement plan will be required.
85. Street naming shall be done prior to off-site improvement plan and building
plan submittal. Street A shall be named as two streets as the City Street
naming policy does not provide for a street name to continue in a
perpendicular route. Addresses shall be assigned by the City Engineering
Section prior to improvement plan and building permit submittal. Street
signage shall be installed prior to any on-site improvements (foundations or
buildings) has begun.
86. 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 April to November of each year.
In HOA managed areas the HOA shall be responsible. For privately owned
property it shall be performed by the property owner.
FIRE DEPARTMENT SPECIAL CONDITIONS
87. Turning radii for Fire Apparatus on private streets in the project shall be to
the approval of the Fire Marshal prior to approval of the final map.
88. The EVA shall meet City Standard Roadway criteria for compaction,
drainage and weight bearing for a Fire apparatus. If a design is not
accepted the EVA shall be constructed as a roadway.
89 . Prior to scheduling the proposed development for City Council consideration,
the applicant shall re-design the site plan to properly accommodate the turning
movement of all emergency response vehicles to the satisfaction of the Fire
Chief and Community Development Director. The necessary re-design shall not
result in any loss of existing landscaping or parking, as conditioned, nor shall
the re-design result in any significant alterations to the on-site stormwater
retention requirements.
Exhbit B
Zoning Amendment Z 13-08, Vesting Tentative Map TM 13-11
and Architectural and Site Review AS 13-35
MITIGATION MONITORING AND REPORTING PROGRAM
Monitoring
Phase/Timing
Monitoring
Procedure
Implementing
Party/Agency
Verification of Compliance
Mitigation Measure
Air Quality
AQ-1 The following Best Management Practices (BMPs) (as
set forth in Table 8-1, BAAQMD Basic Construction
Mitigation Measures, outlined in the BAAQMD CEQA
Air Quality Guidelines), shall be included in the
Proje ct's construction-contract specifications. The
control measures shall be implemented during the
duration of all proposed construction activities :
• All exposed surfaces (e.g ., parking areas , staging
areas , soil piles , graded areas , and unpaved
access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other
loose material off-site shall be covered.
• All visible mud or dirt track-out onto adjacent public
roads shall be removed using wet power vacuum
street sweepers at least once per day. The use of
dry power sweeping is prohibited .
• All veh icle speeds on unpaved roads shall be
limited to 15 mph.
• All roadways , driveways , and sidewalks to be
paved shall be completed as soon as possible.
• Idling times shall be minimized either by shutting
equ ipment off when not in use or reducing the
ma ximum idling time to five minutes (as required by
the California airborne to xics control measure
Prior to Issuance
of Demolition
Permit or Grading
Permit
Review of Project I Building & Safety
Plans ; Construction Division
Inspections
Initials Date Remarks
Mitigation Measure
• Title 13 , Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be
provided for construction workers at all access
points .
• All construction equipment shall be maintained and
properly tuned in accordance with manufacturer 's
specifications. All equipment shall be checked by a
certified mechanic and determined to be running in
proper condition prior to operation.
• Post a publ icly visible sign with the telephone
number and person to contact at the Town
regarding dust complaints . This person shall
respond and take corrective action within 48 hours .
The BAAQMD 's phone number shall also be visible
to ensure compliance with applicable regulations .
Monitoring
Phase/Timing
Biological Resources
B10-1 The Project shall implement the following design I Prior to Issuance of
recommendation: Demolition
Permit or Grading
a. Establish and plot onto all plans the vertical and I Permit
horizontal locations of all trees identified for
preservation, and forward the plans to the
Consulting Arborist for review and comment.
b. Any changes to the plans affecting the trees shall
be reviewed by the Consulting Arborist with regard
to tree impacts. These include , but are not limited
to , demolition plans, improvement plans , utility and
drainage plans, grading plans , and landscape and
irrigation plans.
c. A Tree Protection Zone {TPZ) shall be
established around each tree to be preserved .
TPZs for trees identified for preservation are
identified in the following table. No trenching ,
excavation , construction or storage of materials
shall occur within that zone . No underground
services including_ utilities , sub-drains , water or
Monitoring
Procedure
Review of Project
Plans ; Construction
Inspections
Implementing
Party/Agency
Planning
Division
Verification of Cempliance
Initials Date Remarks
Monitoring Monitoring Implementing Verification of Compliance
Mitigation Measure Phase/Timing Procedure Party/Agency Initials Date Remarks
sewer shall be placed in the TPZ . Spoil from
trench , footing , utility , or other excavation shall not
be placed within the TPZ , either temporarily or
permanently.
Tree No . TPZ
#2 1 and 25-31 5'W. DL in all other dir ect ion s
#81-84 5' N. DL in all other direc tio ns
#22 and 23 10' W. DL in all other directio ns
Note: DL = Dripl ine
d. The Tree Preservation Guidelines , prepared by the
Consulting Arborist , shall be included on all plans .
e. Underground services includ ing utilities , sub -drains ,
water or sewer shall be routed around the Tree
Protection Zone . Where encroachment cannot be
avoided , special construction techniques such as
hand digging or tunneling under roots shall be
employed to minimize root injury .
f. Locate all temporary access roads to remain
outside TPZs .
g. Any herbicides placed under paving materials must
be safe for use around trees and labeled for that
use .
h. Irrigat ion systems must be designed so that no
trenching shall occur within the TPZs .
B10-2 The Project shall implement the following preconstruction Prior to Issuance Review of Project Planning
treatments and recommendations : of Demolition Plans ; Construction Division
Permit or Grading Inspections
a. The construction superintendent shall meet with Permit
the Consulting Arborist before beginning work to
discuss work procedures and tree protection.
b. Fence all trees to be retained to completely
enclose the TPZ prior to demolition , grubbing or
B10-3
Mitigation Measure
grading . Fences shall be 6' high chain link ,
mounted to steel posts firmly driven into the
ground or on stanchions fastened securely with
rebar staples 12" deep, as required by the City.
Fences are to remain until all grading and
construction is completed.
c. Trees recommended for preservation may require
clearance pruning for construction . All pruning
shall be completed by a Certified Arborist or Tree
Worker and adhere to the latest edition of the
ANSI Z133 and A300 standards as well as the
Best Management Practices-Tree Pruning ,
published by the International Society of
Arboriculture .
d. Structures and underground features to be
removed within the TPZ shall use the smallest
equipment , and operate from outside the TPZ. The
consultant shall be onsite dur ing all operations
within the TPZ to monitor demolition activity .
e. A 4-6 " wood chip mulch shall be applied and
maintained within the TPZ .
The Project shall implement the following
recommendations for tree protection during
construction:
a. Prior to beginning work , all contractors working in
the vicin ity of trees to be preserved are required to
meet with the Consulting Arborist at the site to
review all work procedures , access routes , storage
areas and tree protection measures .
b. No grading, construction , demolition or other work
shall occur within the TPZs . Any modifications
must be approved and monitored by the
Consulting Arborist.
c. Any excavation within the dripline or other work
that is expected to encounter tree roots shall be
approved and monitored by the Consulting
Monitoring
Phase/Timing
Prior to Issuance
of Demolition
Permit or Grading
Permit
Monitoring
Procedure
Review of Project
Plans ; Construction
Inspections
Implementing
Party/Agency
Planning
Division
Building & Safety
Division
Verification of Compliance
Initials Date Remarks
Mitigation Measure
Arborist. Roots shall be cut by manually digging
and trench and cutting exposed roots with a sharp
saw . The Consulting Arborist shall identify where
root pruning is required.
d. If injury should occur to any tree during
construction , it shall be evaluated as soon as
possible by the Consulting Arborist so that
appropriate treatments can be applied .
e. Any roots damaged during grading or construction
shall be exposed to sound tissue and cut cleanly
with a saw .
f. Fences have been erected to protect trees to be
preserved; these fences define a specific TPZ for
each tree or group of trees . Fences shall remain
until all site wor k has been completed. Fences
shall not be relocated or removed without
permission of the Consultant.
g. Construction trailers , traffic and storage areas shall
remain outside fenced areas at all times .
h. Prior to grading , pad preparation, excavation for
foundations/footings/walls , trenching, trees may
require root pruning outside the TPZ by cutting all
roots cleanly to the depth of the excavation . Roots
shall be cut by manually digging a trench and
cutting exposed roots with a saw , with a vibrating
knife , rock saw , narrow trencher with sharp blades ,
or other approved root pruning equipment. The
Consulting Arborist shall identify where root
pruning is required .
i. No excess soil , chemicals, debris , equipment or
other materials shall be dumped or stored within
the TPZs .
j. Any add itional tree pruning needed for clearance
during construction shall be performed by a
Certified Arborist and not by PG&E or construction
Monitoring
Phase/Timing
Monitoring
Procedure
Implementing
Party/Agency Initials
Verification of Compliance
Date Remarks
B10-4
B10-5
Mitigation Measure
personnel.
The Project shall implement the following measure for
tree maintenance:
a. a. Tree health and structural stability shall be
monitored , since preserved trees may experience
a physical environment different from that of
predevelopment. Occasional pruning , fertilization ,
mulch , pest management , replanting and irrigation
may be required .
Significant Trees -Replacement and Planting
Measures . Prior to Grading Permit issuance , the
Applicant shall contract with a certified arborist to
determine the value of the significant trees to be
removed. The value of the significant trees to be
removed shall be used to enhance tree planting on the
site , to the approval of the Planning Manager.
Hazards and Hazardous Materials
HAZ-1
HAZ-2
Prior to excavation , any soil , including soil that is
excavated and/or hauled away for disposal shall be
characterized by a qualified environmental professional
for the possible presence of agricultural chemicals,
according to state and federal regulations , in order to
profile the soil for use and disposal.
Prior to issuance of a Demolition Permit for any
structures within the Project area (or prior to issuance
of a Grading Permit for vacant properties), the property
and any onsite structure(s) shall be evaluated for
occurrence of asbestos-containing materials , lead-
based paints , and/or other hazardous materials . The
City of Gilroy Hazardous Materials Program would
perform oversight of cleanup and investigation of
hazardous materials and hazardous waste
contamination . Cleanup activities shall include
necessary techniques as determined by the City to
verify conformance with regulatory cleanup levels for
residential use.
Monitoring
Phase/Timing
Prior to Issuance
of Demolition
Permit or Grading
Permit
Prior to Issuance
of Demolition
Permit or Grading
Permit
Prior to Issuance
of Demolition
Permit or Grading
Permit
Prior to Issuance
of Demolition
Permit or Grading
Permit
Monitoring
Procedure
Inclusion in
Conditions of
Approval
Inclus ion in
Conditions of
Approval
Oversight of
Investigation and
Cleanup
Oversight of
Investigation and
Cleanup
Implementing
Party/Agency
Planning
Division
Planning
Division
Building & Safety
Division
Building & Safety
Division
Hazardous
Materials
Program
Building & Safety
Division
Hazardous
Materials
Program
Verification of Compliance
Initials Date Remarks
Mitigation Measure
Hydrology and Water Quality
HYD-1
Noise
N-1
N-2
Prior to the issuance of the Grading Permit , the
Applicant shall prepare a detailed Hydrology Study ,
approved by the City Engineer , demonstrating that all
runoff would be treated and contained onsite . The Study
shall demonstrate that all storm drain facilities are
designed for the 25-year storm ev ent protection .
Prior to Grading Permit issuance , the Project Appl icant
shall demonstrate , to the satisfaction of the City of
Gilroy Planning Manager that the Project complies with
the following:
• Construction contracts specify that all construction
equipment, fi xed or mobile , shall be equipped with
properly operating and maintained mufflers and
other state required noise attenuation devices.
• Construction haul routes shall be designed to avoid
noise sensitive uses (e .g., residences ,
convalescent homes, etc .), to the extent feasible.
• During construction, stationary construction
equipment shall be placed su ch that emitted no ise
is directed away from sensitive noise receivers .
• Construction activities shall not take place outside
of the allowable hours specified by Gilroy City Code
Section 16.38 , Hours of Construction (between 7:00
AM and 7:00 PM on weekdays , and between 9:00
AM and 7:00 PM on Saturdays). Construction
activities are not permitted on Sundays or City
holidays .
After the plot plans and architectural drawings have
been developed , and prior to the issuance of Build ing
Permits , the City of Gilroy Building Official shall confirm
that the applicable project plans and specifications
include sound-rated windows for Project residential
areas immediately adjacent to First Street (SR-152) and
Monitoring
Phase/Timing
Prior to Issuance
of Demolition
Permit or Grading
Permit
Prior to Issuance
of Demolition
Permit or Grading
Permit
Prior to Issuance
of Demolition
Permit or Grading
Permit
Monitoring
Procedure
Review and
Approval of
Hydrology Study
Review of Project
Plans; Construction
Inspections
Review of Project
Plans
Implementing
Party/Agency
Engineering
Division
Building & Safety
Division
Planning
Division
Engineering
Division
Building & Safety
Division
Planning
Division
Building & Safety
Divis ion
Verification of Compliance
Initials Date Remarks
Mitigation Measure
Santa Teresa Boulevard (i.e ., along the roadway or with
a direct line of sight). All exterior windows for
residences adjacent to First Street (SR-152) and Santa
Teresa Boulevard shall be constructed with upgraded
windows to provide an airborne sound insulation system
achieving a minimum Sound Transmission Class (STC)
of 33. The final site design shall also implement
centralized heating/ ventilation/air-conditioning (HVAC)
units on all these dwelling units to ensure noise levels
would be below 45 dBA CNEL with windows and doors
closed . The Applicant , as an alternative , may retain a
qualified acoustical consultant whom shall submit a
report for an alternative means of sound insulation
satisfactory to the City of Gilroy which achieves a
maximum interior noise level of 45 dBA CNEL.
Transportation/Traffic
TRA-1 Intersection 1 (Santa Teresa Boulevard / Fitzgerald
Avenue) -The significant project impact to this
intersection shall be mitigated with the addition of a
separate northbound right-turn land on Santa Teresa
Blvd . to eastbound Fitzgerald Ave . Adding a separate
northbound right-turn lane would improve the
intersection level of service conditions to better than
background conditions (LOC C and E during the AM
and PM peak hours , respectively.)
This improvement has been identified in the City's
Traffic Circulation Master Plan (TCMP) and Traffic
Impact Fee (TIF) Program. Thus , a Reimbursement
Agreement would be developed between the City and
the developer to complete the improvement such that
the developer would be reimbursed for the cost of the
improvement , less the project 's fair-share contribution.
Since this is a County facility and a County
encroachment permit will be required , it is prudent to
have the developer provide a fair-share contribution , in
lieu of construction . Details as to fair-share amount,
schedule for payment of fair-share contribution , or
construction , shall be established in a subsequent
Monitoring
Phase/Timing
Prior to Issuance
of a Building
Permit
Monitoring
Procedure
Enter into an
agreement
Implementing
Party/Agency
Engineering
Division
Verification of Compliance
Initials Date Remarks
TRA-2
TRA-3
Mitigation Measure
agreement. It is estimated that the fair share
contribution will be based on 5% of cumulative project
trips passing through this intersection. The estimated
cost of the improvement is $2 ,062 ,181 in 2015 TIF
dollars . The developer 's fair-share cost is estimated at
$103 ,109 .
Intersection 3 (Santa Teresa Boulevard / Day Road
East) -The cumulative project impact to this
intersection shall be mitigated with the addition of a
second northbound through lane on Santa Teresa Blvd.
Adding a second northbound through lane would
improve the intersection level of service conditions to
better than cumulative (no project) conditions (LOS D
during the AM peak hour.)
This improvement has been identified in the City 's
Traffic Circulation Master Plan (TCMP) and Traffic
Impact Fee (TIF) Program. Thus , a Re imbursement
Agreement would be developed between the City and
the developer to complete the improvement such that
the developer would be reimbursed for the cost of the
improvement , less the project 's fair-share contribution .
This condition was also assigned to another developer
(Silveira -Tract 10230). This condition has been fully
met by the Tract 10230 developer and is no longer in
need of subsequent mitigations by the lmwalle
Townhomes proJect.
Intersection 4 (Santa Teresa Boulevard / Sunrise Drive)
-The significant project impact to this intersection shall
be mitigated with the addition of a second northbound
through lane on Santa Teresa Blvd . Adding a second
northbound through lane would improve the intersection
level of service conditions to better than background
conditions (LOSB during the AM peak hour.)
This improvement has been identified in the City's
Traffic Circulation Master Plan (TCMP) and Traffic
Impact Fee (TIF) Program. Thus , a Reimbursement
Agreement would be developed between the City and
the developer to complete the improvement such that
the developer would be reimbursed for the cost of the
improvement , less the project's fair-share contribution .
Monitoring
Phase/Timing
Implemented by
Tract 10230.
No additional
action needed
Prior to Issuance
of a Building
Permit
Monitoring
Procedure
Enter into an
agreement
Implementing
Party/Agency
Engineering
Division
Verification of Compliance
Initials Date Remarks
TRA-4
TRA-5
Mitigation Measure
Timing for completion of this improvement is revised as
follows : Construction shall commence prior to issuance
of the 100th building permit and construction shall be
complete prior to issuance of the 150th building permit ,
and to the satisfa ction of the City Traffi c Engineer .
Intersection 10 (Kelton Drive -Project Access / First
Street) -This intersection is within Caltrans jurisdiction ,
the Project Applicant shall : 1) Coordinate with and
obtain concurren ce from Caltrans for the improvements
outlined below ; and 2) Fully design and install the
following improvements pr ior to occupancy of first unit:
Install "pork chop island " at northbound (Project
driveway) approach to restrict Project driveway access
to only right-turns in and right-turns out. Northbound
and southbound approaches would continue to be
unsignalized stop-sign controlled . Full left-turn access
would continue to be allowed from First Street onto
Kelton Drive and from Kelton Drive onto First Street.
(RBF mitigation MND TRA-6)
Intersection 13 (Wren Avenue/ Welburn Avenue) -The
significant project impact to this intersection shall be
mitigated by installing a traffic signal , as planned in the
City 's TCMP . This improvement includes signalizing
the intersection , restriping all of the intersection
approaches, and adding left-turn pockets on the east
and west approaches. Additionally , 260 feet of parking
would need to be removed on the east leg to
accommodate the left-turn pocket. With implementat ion
of these improvements , the overall intersection level of
service would be LOS C during both peak hours .
These improvements have been identified in the City 's
Traffic Circulation Master Plan (TCMP) and Traffic
Impact Fee (TIF) Program. Thus , a Reimbursement
Agreement would be developed between the City and
the developer to complete the improvement such that
the developer would be reimbursed for the cost of the
improvement , less the project's fair-share contribution.
The intersection of Wren Avenue and Welburn Avenue
Monitoring
Phase/Timing
Prior to Issuance
of a Building
Permit
Prior to Issuance
of a Building
Permit
Monitoring
Procedure
Enter into an
agreement
Enter into an
agreement
Implementing
Party/Agency
Engineering
Division
Engineering
Division
Verification of Compliance
Initials Date Remarks
TRA-6
Mitigation Measure
is also projected to be impacted by another proposed
project , Las Animas Residential development , located
along the east side of Wren Avenue just north of
Welburn Avenue. The Las Animas project is currently
awaiting city approval. Pending approval of the
proposed project and the Las Animas Residential
development , responsibility for implementation of the
above mitigation measures may be shared between the
two proposed projects . City suggests that both
developers coordinate this mitigation for project
delivery .
Timing for completion of this improvement is revised as
follows: Construction shall commence prior to issuance
of the 100th building permit and construction shall be
complete prior to issuance of the 150th building permit,
and to the satisfaction of the City Traffic Engineer .
Intersection 17 (Monterey Street / Fitzgerald Avenue-
Masten Avenue) -The significant project impact to this
intersection shall be mitigated by providing protected
left-turns on the east and west approaches of the
intersection. Additionally , by changing the east-west
signal phase from split to protected , Fitzgerald Ave .
would need to be widened to provide an exclusive
eastbound left-turn lane . Implementation of the
proposed improvements would improve the intersection
level of service conditions to better than background
conditions (LOS C and D during the AM and PM peak
hours , respectively .)
This improvement has been identified in the City 's
Traffic Circulation Master Plan (TCMP) and Traffic
Impact Fee (TIF) Program . Thus , a Reimbursement
Agreement would be developed between the City and
the developer to complete the improvement such that
the developer would be reimbursed for the cost of the
improvement , less the project's fair-share contribution .
Since this is a County facility and a County
encroachment permit will be required , it is prudent to
have the developer provide a fair-share contribution , in
lieu of construction. Details as to fair-share amount ,
Monitoring
Phase/Timing
Prior to Issuance
of a Building
Permit
Monitoring
Procedure
Enter into an
agreement
Implementing
Party/Agency
Engineering
Division
Verification of Compliance
Initials Date Remarks
TRA-7
TRA-8
Mitigation Measure
schedule for payment of fair -share contribution , or
constru ction , shall be established in a subsequent
agreement. It is estimated that the fair share
contribution will be based on 5% of cumulative project
trips passing through this intersection. The estimated
cost of the improvement is $1 ,776 ,143 in 2015 TIF
dollars . The developer 's fair-share cost is estimated at
$88 ,807 .
Intersection 22 (US-101 SB Ramps/ Masten Avenue) -
The significant project impact to this intersection shall
be mitigated by installing a traffic signal. The
intersection level of service would be LOS B during both
peak hours with signalization .
This improvement has been identified in the City's
Traffic Circulation Master Plan (TCMP) and Traffic
Impact Fee (TIF) Program . Thus , a Reimbursement
Agreement would be developed between the City and
the developer to complete the improvement such that
the developer would be reimbursed for the cost of the
improvement , less the project 's fa ir-share contribution.
Since this is a County facility and a County
encroachment permit will be required, it is prudent to
have the developer provide a fair-share contribution, in
lieu of construction . Details as to fair-share amount ,
schedule for payment of fair-share contribution , or
construction , shall be established in a subsequent
agreement. It is estimated that the fair share
contribution will be based on 2.5% of cumulative project
trips passing through this intersection . The estimated
cost of the improvement is $765 ,618 in 2015 TIF
dollars. The developer 's fair-share cost is estimated at
$19 ,140 .
Intersection 23 (US 101 Northbound Ramps / Masten
Ave .) -The significant project impact to this intersection
shall be mitigated by installing a traffic signal. The
intersection level of service would be LOS C and B
during the AM and PM peak hours , respectively , with
signalizat ion .
This improvement has been identified in the City 's
Monitoring
Phase/Timing
Prior to Issuance
of a Building
Permit
Prior to Issuance
of a Building
Permit
Monitoring
Procedure
Enter into an
agreement
Enter into an
agreemen t
Implementing
Party/Agency
Engineering
Division
Engineering
Division
Verification of Compliance
Initials Date Remarks
Mitigation Measure
Traffic Circulation Master Plan (TCMP) and Traffic
Impact Fee (TIF) Program. Thus, a Reimbursement
Agreement would be developed between the City and
the developer to complete the improvement such that
the developer would be reimbursed for the cost of the
improvement, less the project 's fair-share contribution.
Since this is a County facility and a County
encroachment permit will be required , it is prudent to
have the developer provide a fair-share contribution , in
lieu of construction. Details as to fair-share amount,
schedule for payment of fair -share contribution, or
construction , shall be established in a subsequent
agreement. It is estimated that the fair share
contribution will be based on 2.5% of cumulative project
trips passing through this intersection. The estimated
cost of the improvement is $788,118 in 2015 TIF
dollars . The developer's fair-share cost is estimated at
$19 ,703 .
Monitoring
Phase/Timing
Monitoring
Procedure
Implementing
Party/Agency
Verification of Compliance
Initials Date Remarks
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2020-27 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 4th day of May, 2020 , at which meeting a quorum was present.
(Seal)