Resolution No. 2022-05 | TM 21-05; Palomino II | Adopted 03/10/2022RESOLUTION NO. 2022-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 21-05,
A SUBDIVISION OF A 2.88+/- ACRE SITE INTO FOUR COMPACT
SINGLE-FAMILY LOTS IN THE PALOMINO II NEIGHBORHOOD; ONE
PARCEL FOR A DETENTION BASIN; AND ONE PRIVATE STREET ON
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CLUB DRIVE
AND GRENACHE WAY (APN # 808-43-003), FILED BY FILICE FAMILY
ESTATE, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020.
WHEREAS, Filice Family Estate submitted an application requesting a tentative
map to subdivide an approximate 2.88+/- acre site into four Compact single-family lots in
the Palomino II neighborhood; one parcel for a detention basin; and one private street;
and
WHEREAS, the subject property is located within the Glen Loma Ranch Specific
Plan area, on Club Drive between Friedrich Place and Grenache Way, commonly known
as the Palomino II neighborhood; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
tentative map (TM 21-05), in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations; and
WHEREAS, said tentative map was referred to various public utility companies and
City departments, including the Technical Advisory Committee for recommendations; and
WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma
Ranch Specific Plan; and
WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma
Ranch Development Agreement; and
WHEREAS, the Planning Commission finds the tentative map conforms to the
City's General Plan and elements thereof, including the "Glen Loma Ranch Specific Plan"
and the "Neighborhood District Policy"; and
WHEREAS, an environmental impact report (EIR) was prepared for this site as
part of the review of application GPA 00-01; and
WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section
15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects
pursuant to a specific plan from further environmental review under CEQA, as long as the
project meets the requirements of that section.
Resolution No. 2022-05
Page 2
WHEREAS, the Planning Commission finds that the proposed residential
subdivision meets the requirements of CEQA Guidelines section 15182 because:
1. The Gilroy City Council certified the Glen Loma Ranch Specific Plan
Environmental Impact Report (EIR) and adopted the Glen Loma Ranch
Specific Plan on November 7, 2005; and
2. Tentative Map application TM 21-05 is a residential project implementing the
approved Glen Loma Ranch Specific Plan; and
3. Tentative Map application TM 21-05 was undertaken pursuant to and in
conformity with the approved Glen Loma Ranch Specific Plan.
WHEREAS, the Planning Commission finds that no additional CEQA analysis is
required; and
WHEREAS, a mitigation monitoring and reporting plan has been prepared,
consistent with the certified EIR; and
WHEREAS, the Planning Commission finds, after due study, deliberation and
public hearing, the following circumstances exist:
1. The proposed tentative map is generally consistent with the intent of the
goals and policies of the "Glen Loma Ranch Specific Plan."
2. The proposed tentative map is generally consistent with the intent of the
goals and policies of the "Neighborhood District Policy."
3. The proposed tentative map is generally consistent with the intent of the
goals and policies of the City's General Plan.
4. The proposed development is consistent with the Zoning Ordinance and
the City's Subdivision and Land Development Code, and the State
Subdivision Map Act.
5. Public utilities and infrastructure improvements needed in order to serve
the proposed project are in close proximity.
6. As identified in the certified EIR, all significant environmental impacts
associated with buildout of the Glen Loma Ranch Specific Plan area can
be reduced to a less than significant level with the implementation of
adopted mitigation measures identified in the certified EIR, except for air
quality. The proposed project would result in a significant, unavoidable
environmental impact with regard to project emissions and consistency
with the Bay Area 2000 Clean Air Plan. When adopting the specific plan in
2005, the City Council adopted a statement of overriding considerations,
finding that the benefits of the project outweighed this environmental
effect.
WHEREAS, the Planning Commission finds that the applicant agrees with the
necessity of and accepts all elements, requirements, and conditions of this resolution as
being a reasonable manner of preserving, protecting, providing for, and fostering the
Resolution No. 2022-05
Page 3
health, safety, and welfare of the citizenry in general and the persons who work, visit or
live in this subdivision in particular.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Gilroy hereby recommends to the City Council the approval of the tentative map,
subject to the following conditions:
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for tentative map TM 21-05 is granted to
subdivide an approximate 2.88+/- acre site into four Compact single-family lots in
the Palomino II neighborhood; one parcel for a detention basin; and one private
street on Assessor Parcel No. 808-43-003, as shown on Project Plans dated as
received by the Planning Division on September 13, 2021 prepared by Ruggeri -
Jensen -Azar for the Glen Loma Corporation, dated August 2021, and consisting of
six sheets.
Build -out of the project shall conform to the plans, except as otherwise specified in
these conditions. Any future adjustment or modification to the plans, including any
changes made at time of improvement plan submittal, shall be considered by the
Community Development Director or designee, may require separate
discretionary approval, and shall conform to all City, State, and Federal
requirements, including subsequent City Code requirements or policies adopted
by City Council.
2. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at
Developer's own expense, to defend, indemnify, and hold harmless the City of
Gilroy ("the City") and its officers, contractors, consultants, attorneys, employees
and agents from any and all claim(s), action(s) or proceeding(s) brought against
the City or its officers, contractors, consultants, attorneys, employees, or agents to
challenge, attack, set aside, void or annul the approval of this resolution or any
condition attached thereto or any proceedings, acts or determinations taken,
including actions taken under the California Environmental Quality Act of 1970, as
amended, done or made prior to the approval of such resolution that were part of
the approval process.
Resolution No. 2022-05
Page 4
3. Failure to appeal this decision in a timely manner, or commencement of any
activity related to the project, is understood to clarify Developer's acceptance of all
conditions and obligations imposed by this permit and waiving any challenge to
the validity of the conditions and obligations stated therein
4. WATER LIMITATIONS: Developer shall be advised that the approval is subject to
the drought emergencies provisions pursuant to the Gilroy City Code Chapter
27.98.
Mitigation Measures. The following MITIGATION MEASURES, which are contained
within the Glen Loma Ranch Specific Plan EIR and EIR addendum, prepared pursuant
to the California Environmental Quality Act, and as modified based upon changes in
applicable regulations, are included as conditions of approval.
5. All EIR mitigation measures would need to be implemented prior to submittal of
the parcel map submitted pursuant to this requested tentative map approval.
6. Project proponents shall specify in project plans the implementation of the
following dust control measures during grading and construction activities for any
proposed development. The measures shall be implemented as necessary to
adequately control dust, subject to the review and approval by the City of Gilroy
Engineering Division (corresponds to EIR Mitigation Measure 3):
The following measures shall be implemented at all construction sites:
• Water all active construction areas at least twice daily;
• Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard;
• Pave, apply water three times daily, or apply (non -toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction sites;
• Sweep daily (with water sweepers) all paved access roads, parking areas
and staging areas at construction sites; and
• Sweep streets daily (with water sweepers) if visible soil material is carried
onto adjacent public streets.
The following measures shall be implemented at all construction sites
greater than four acres in area:
• Hydroseed or apply (non -toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more);
• Enclose, cover, water twice daily or apply (non -toxic) soil binders to
exposed stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15 mph;
Install sandbags or other erosion control measures to prevent silt runoff to
public roadways; and
• Replant vegetation in disturbed areas as quickly as possible.
Resolution No. 2022-05
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The following measures are strongly encouraged at construction sites that are
large in area, located near sensitive receptors or which for any other reason may
warrant additional emission reductions:
• Install wheel washers for all existing trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
• Install wind breaks, or plant trees/vegetative wind breaks at windward
side(s) of construction areas;
• Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 25 miles per hour; and
• Limit the area subject to excavation, grading and other construction activity
at any one time.
7. Subject to the review of the City of Gilroy Planning Division, no more than 30 days
prior to commencement of grading or construction activities for development
proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and
oak woodland), a tree survey shall be conducted by a qualified biologist to
determine if active nest(s) of protected birds are present in the trees. Areas within
200 feet of the construction zone that are not within the control of the applicant
shall be visually assessed from the project site. This survey shall be required only
if any construction would occur during the nesting and/or breeding season of
protected bird species potentially nesting in the tree (generally March 1 through
August 1). If active nest(s) are found, clearing and construction within 200 feet of
the tree, or as recommended by the qualified biologist, shall be halted until the
nest(s) are vacated and juveniles have fledged and there is no evidence of a
second attempt at nesting, as determined by the qualified biologist. If construction
activities are not scheduled between March 1 and August 1, no further shrike or
tree surveys shall be required (corresponds to EIR Mitigation Measure 5).
8. Subject to the review of the City of Gilroy Planning Division, no more than 30 days
prior to commencement of grading or construction activities for development
proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak
woodland), pre -construction surveys for bat roosts shall be performed by a
qualified biologist. If bat roost sites are found, the biologist shall implement a
program to remove/displace the bats prior to the removal of known roost sites. In
addition, an alternate roost site shall be constructed in the vicinity of the known
roost site. Specifications of the alternate roost shall be determined by a bat
specialist (corresponds to EIR Mitigation Measure 6).
9. Prior to approval of each tentative map or use permit, project plans for future
development on the project site shall be designed to avoid unnecessary filling or
other disturbance of natural drainage courses and associated oak/riparian
woodland vegetation to the greatest extent feasible, subject to review and
approval of the City of Gilroy Planning Division. In the event that disturbance of
site drainages and associated oak/riparian woodland vegetation cannot be
Resolution No. 2022-05
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avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain
outfalls, etc.), authorization from the California Department of Fish and Game
through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army
Corps of Engineers through Section 404 of the Clean Water Act and the Regional
Water Quality Control Board through Section 401 of the Clean Water Act shall be
obtained, if required, prior to issuance of building or grading permits for any
activity that might encroach on the site's drainages. Conditions imposed on these
permits and/or authorizations may include but not be limited to the following
(corresponds to EIR Mitigation Measure 8):
• Construction work shall be initiated and completed during the summer and
fall months when the drainages are dry, or at least have a very low flow. Typically,
no construction work shall be allowed between October 15th and April 15th.
• A Habitat Restoration Plan shall be prepared to identify the exact amount
and location of affected and replacement habitat, to specify on -site revegetation
with locally -obtained native species within the buffer areas to mitigate habitat loss,
and to provide specifications for installation and maintenance of the replacement
habitat. Any loss of riparian or wetland vegetation resulting from construction
activities shall be mitigated on -site at a minimum 3:1 replacement ratio.
10. Any loss of oak and/or riparian woodland habitat resulting from development shall
require the project proponent to retain a qualified biologist to prepare a Habitat
Restoration Plan to identify the exact amount and location of affected and
replacement habitat, specify an appropriate plant palette, and provide
specifications for installation and maintenance of the replacement habitat.
Replacement vegetation shall consist of locally -obtained native plant species.
Any loss of riparian woodland vegetation shall be mitigated on -site at a minimum
of 3:1 replacement ratio, unless otherwise determined by the Department of Fish
and Game and the City of Gilroy. Any loss of oak woodland vegetation shall
require preservation of on -site oak woodland at a ratio of 3:1 and replanting on -
site at a ratio of 1:1, unless otherwise determined by the Department of Fish and
Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior
to issuance of building or grading permits for any activity requiring removal of oak
and/or riparian woodland habitat, subject to review and approval of the City of
Gilroy Planning Division and California Department of Fish and Game
(corresponds to EIR Mitigation Measure 9).
11. Prior to commencement of construction activities associated with Reservoir
Canyon Creek Bridge, the project proponent responsible for construction of the
bridge shall arrange for a qualified biologist to monitor bridge construction
activities to ensure there are no impacts to wetlands and associated oak/riparian
woodland habitat (corresponds to EIR Mitigation Measure 10).
12. Prior to issuance of grading and/or building permits, subject to the review of the
Gilroy Planning Division, the project applicant shall install siltation fencing, hay
Resolution No. 2022-05
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bales, or other suitable erosion control measures along portions of natural and
manmade drainage channels in which construction will occur and within 20 feet of
construction and/or staging areas in order to prevent sediment from filling the
creek (corresponds to EIR Mitigation Measure 13).
13. Prior to issuance of grading and/or building permits, the project proponent of any
future development on the project site shall submit a Landscape Plan, for review
and approval by the City of Gilroy Planning Division. Landscaping plans for areas
adjacent to riparian habitat shall include appropriate guidelines to prevent
contamination of drainages and their associated riparian habitat by pesticides,
herbicides, fungicides, and fertilizers. Landscaping shall include appropriate
native plants species and should not include plantings of non-native, invasive
plant species (corresponds to EIR Mitigation Measure 14).
14. A schematic lighting plan shall be submitted with each development proposal for
review and approval by the Planning Division. Exterior lighting for any
development proposed adjacent to open space areas shall be of low stature (i.e.,
20 feet) and shall be of a full cutoff design or include opaque shields to reduce
illumination of the surrounding landscape. Lighting shall be directed away from
open space areas (corresponds to EIR Mitigation Measure 16).
15. Prior to approval of a tentative map for each phase of the proposed project
containing or adjacent to preserved natural open space areas, a signage plan
shall be prepared to outline the language, number and location of signs to
dissuade people from straying off trails and to prohibit unleashed dogs in the open
space areas, subject to approval by the City of Gilroy Planning Division
(corresponds to EIR Mitigation Measure 17).
16. Prior to commencement of construction activities, the protected zone of any trees
or groups of trees to be retained shall be fenced to prevent injury to the trees
during construction. Soil compaction, parking of vehicles or heavy equipment,
stockpiling of construction materials, and/or dumping of materials shall not be
allowed within the protected zone. The fencing shall remain in place until all
construction activities are complete (corresponds to EIR Mitigation Measure 19).
17. Project proponents shall submit a soils investigation prepared by a qualified soils
engineer for future development on the project site. The recommendation of the
soils investigation shall be incorporated into final building plans, subject to the
review and approval by the Gilroy Engineering Division prior to approval of any
building permits (corresponds to EIR Mitigation Measure 20).
18. The project applicant shall design all structures in accordance with the Uniform
Building Code for seismic design. In addition, all recommendations in the
Resolution No. 2022-05
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geotechnical reports prepared for the project shall be implemented. Structural
design is subject to the review and approval by the Gilroy BLES Division prior to
the issuance of building permits (corresponds to EIR Mitigation Measure 21).
19. The project applicant for any proposed development on the project site, shall, for
each phase of the development, submit a Notice of Intent (NOI) and detailed
engineering designs to the Central Coast RWQCB. The associated permit shall
require development and implementation of a SWPPP that uses storm water "Best
Management Practices" to control runoff, erosion and sedimentation from the site.
The SWPPP must include Best Management Practices that address source
reduction and, if necessary, shall include practices that require treatment. The
SWPPP shall be submitted to the City of Gilroy Engineering Division for review
and approval prior to approval of a building permit for each phase of the project
(corresponds to EIR Mitigation Measure 24).
20. The project applicant shall submit plans for review by, and obtain an approved
permit from, the Santa Clara Valley Water District for any work that requires a
permit from the water district (corresponds to EIR Mitigation Measure 25).
21. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post -
construction storm water management plan, subject to the review and approval of
the Gilroy Engineering Division prior to the approval of final improvement plans,
that shall include structural and non-structural best management practices (BMPs)
for the reduction of pollutants in storm water to the maximum extent practicable
(corresponds to EIR Mitigation Measure 26).
22. Prior to issuance of a grading permit for all areas within the Specific Plan area, the
following measures shall be incorporated into the project plans to mitigate
construction noise, subject to the review and approval of the City of Gilroy
Engineering Division (corresponds to EIR Mitigation Measure 28):
a. Construction shall be limited to weekdays between 7 AM and 7 PM and
Saturdays and holidays between 9 AM and 7 PM, with no construction on
Sundays;
b. All internal combustion engine -driven equipment shall be equipped with
mufflers that are in good condition and appropriate for the equipment; and
c. Stationary noise -generating equipment shall be located as far as possible
from sensitive receptors when sensitive receptors adjoin or are near a
construction project area.
23. Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add
eastbound and westbound left turn lanes (corresponds to EIR Mitigation Measure
34).
The project proponent shall be responsible for paying for the design and
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implementation of this mitigation measure, prior to the issuance of the first building
permit in Phase II.
24. Add a northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection.
The project proponent shall be responsible for paying for the design and
implementation of this mitigation measure, prior to the issuance of the first building
permit in Phase II (corresponds to EIR Mitigation Measure 35).
25. Add second eastbound and westbound left turn lanes to the Santa Teresa
Boulevard/First Street intersection (corresponds to EIR Mitigation Measure 37).
The project proponent shall be responsible for paying for the design and
implementation of this mitigation measure, prior to the issuance of the first building
permit in Phase III.
26. Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and
southbound left -turn lanes (corresponds to EIR Mitigation Measure 39).
The project proponent shall be responsible for paying for the design and
implementation of this mitigation measure, prior to the issuance of the first building
permit in Phase III.
Note: This intersection would operate at LOS C during the AM and PM peak
hours with implementation of this improvement. However, under General Plan
Buildout Conditions, the Tenth Street Bridge would be required to be constructed.
With the Tenth Street Bridge, this intersection would operate at LOS A during the
AM peak hour and LOS C during the PM peak hour with NO improvements, e.g.
signalization and lane additions. Therefore, the mitigation measure identified
above would not be required under General Plan Buildout Conditions, assuming
the Tenth Street Bridge were constructed.
One option would be to only add the northbound left -turn lane as recommended in
the previous scenario (Background Plus Project Phases I and II) and consider
LOS E as an acceptable short term level of service for this intersection. Another
option is to implement the mitigation measure above (signalize the intersection
and add the left -turn lanes, which would improve operations to LOS C during the
AM and PM peak hours), with the knowledge that the signal could be removed
once the Tenth Street Bridge is constructed at General Plan Buildout Conditions.
27. If the Thomas Road/Luchessa Avenue intersection was converted to a one lane
modern roundabout, add a second lane to the roundabout and widen the
Luchessa Avenue Bridge to four lanes. This would result in LOS A during both
the AM and PM peak hours (corresponds to EIR Mitigation Measure 41).
Resolution No. 2022-05
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OR
If the Thomas Road/Luchessa Avenue intersection was signalized and a
northbound right turn lane was added, add a second westbound left turn lane and
westbound through lane and widen the Luchessa Avenue Bridge to four lanes.
The project proponent shall be responsible for paying for the design and
implementation of this mitigation measure, prior to the issuance of the first building
permit in Phase III.
28. Add second northbound and westbound left turn lanes at the Monterey
Street/Luchessa Avenue intersection (corresponds to EIR Mitigation Measure 43).
The project proponent shall be responsible for paying for the design and
implementation of this mitigation measure, prior to the issuance of the first building
permit in Phase III.
29. Add an eastbound and westbound through lane on First Street at its intersection
with Santa Teresa Boulevard (corresponds to EIR Mitigation Measure 44).
The project proponent shall be responsible for paying for the design and
implementation of this mitigation measure, prior to the issuance of the first building
permit in Phase III.
30. Residential fire sprinklers shall be installed in all residences within the specific
plan area over 3,000 square feet, including single-family and multi -family town
homes or apartments, and residential clusters with more than 25 units that lack
secondary access. Residential fire sprinklers shall be installed prior to occupancy.
Prior to approval of future development projects within the specific plan area, the
City Fire Marshal may require that all residences have residential fire sprinkler
systems, regardless of conditions stated above, especially if streets are narrow,
buildings are closely spaced, emergency response time is not met, there is
inadequate fire flow, building are adjacent to natural areas, or other conditions
exist that could hinder the ability of the City of Gilroy Fire Department to perform
fire suppression acts in such case they would be needed. The sprinklers shall be
designed and installed in accordance with City of Gilroy Fire Department policies
(corresponds to EIR Mitigation Measure 50).
31. The Glen Loma Ranch Homeowner's Association shall take full responsibility for
management and maintenance of the preserved open space areas within the
project site. Seasonal vegetation management should be scheduled to occur at
the end of the rainy season and consistent with the annual weed abatement
resolution. The HOA should implement any vegetation management in the
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Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed
abatement season. This language shall be included in the HOA conditions,
covenants, and restrictions (corresponds to EIR Mitigation Measure 52).
The following conditions shall be addressed prior to issuance of any GRADING
PERMIT or IMPROVEMENT PLAN.
32.
CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that
includes a reproduction of all conditions of approval of this permit, as adopted by
the City Council.
The following conditions shall be met prior to tract acceptance.
33. ON- AND OFF -SITE IMPROVEMENTS: Prior to tract acceptance, Developer shall
complete all required offsite and onsite improvements related to the project,
including structures, paving, and landscaping, unless otherwise allowed by the
Community Development Director, or stated in these conditions.
The following conditions shall be met prior to the approval of the FINAL MAP or
PARCEL MAP, or other deadline as specified in the condition.
34. TENTATIVE MAP: The approved tentative map shall expire twenty-four (24)
months from the approval date and may be extended pursuant to the provisions of
the Subdivision Map Act and Gilroy City Code section 21.41 (i), if the final map is
not approved prior to expiration.
35. HOMEOWNERS' ASSOCATION: Developer shall establish Homeowners'
Associations (HOA) for the Palomino II neighborhood or annex this neighborhood
into the existing Glen Loma Ranch HOA. The HOA shall be responsible for the
maintenance and enforcement of parking, private streets, landscaping, recreation
and other interior areas held in common by the HOA. Such responsibilities shall
be provided within the Covenants, Conditions, and Restrictions (CC&Rs) for the
development. The City shall review all CC&Rs prior to recordation.
36. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions,
and restrictions (CC&Rs) applicable to the project property shall be consistent with
the terms of this permit and the City Code. If there is a conflict between the
CC&Rs and the City Code or this permit, the City Code or this permit shall prevail.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the
condition.
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Page 12
37. CONSTRUCTION RELATED NOISE: To minimize potential construction -related
impacts to noise, Developer shall include the following language on any grading,
site work, and construction plans issued for the subject site
a.
b.
c.
d.
e.
f.
g.
"During earth -moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m.,
and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is
prohibited on Sundays and City -observed holidays;
Locate stationary noise -generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a
construction project area;
Construct sound walls or other noise reduction measures prior to
developing the project site;
Equip all internal combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate for the
equipment;
Prohibit all unnecessary idling of internal combustion engines;
Utilize "quiet" models of air compressors and other stationary noise sources
where technology exists; and
Designate a "disturbance coordinator' who would be responsible for
responding to any complaints about construction noise. The disturbance
coordinator will determine the cause of the noise complaint (e.g. bad
muffler, etc.) and will require that reasonable measures be implemented to
correct the problem."
38. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction -
related impacts to air quality, Developer shall require all construction contractors
to implement the basic construction mitigation measures recommended by the
Bay Area Air Quality Management District (BAAQMD) and shall include the
following language on any grading, site work, and construction plans issued for
the project site
"During earth -moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or
offsite shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited;
Resolution No. 2022-05
Page 13
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15
miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of
California Code of Regulations [CCR]). Clear signage shall be provided for
construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to
contact at the lead agency regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The Air District's phone
number shall also be visible to ensure compliance with applicable
regulations."
39. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered,
the Developer will ensure the contractor employs engineering controls and Best
Management Practices (BMPs) to minimize human exposure to potential
contaminants. Engineering controls and construction BMPs will include, but not be
limited to, the following:
a. Contractor employees working on -site will be certified in OSHA's 40-hour
Hazardous Waste Operations and Emergency Response (HAZWOPER)
training;
b. Contractor will stockpile soil during development activities to allow for
proper characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor
emissions with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto
transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing
winds; and
f. Contractor will cover the bottom of excavated areas with sheeting when
work is not being performed.
40. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil
is discovered during construction of the project, excavations within 50' of the find
shall be temporarily halted or delayed until the discovery is examined by a
qualified paleontologist, in accordance with the Society of Vertebrate Paleontology
standards. The City shall include a standard inadvertent discovery clause in every
Resolution No. 2022-05
Page 14
construction contract to inform contractors of this requirement. If the find is
determined to be significant and if avoidance is not feasible, the paleontologist
shall design and carry out a data recovery plan consistent with the Society of
Vertebrate Paleontology standards.
41. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an
accidental discovery of archaeological resources during grading or construction
activities, Developer shall include the following language on any grading, site
work, and construction plans issued for the project site:
"If archaeological or cultural resources are discovered during earth -moving,
grading, or construction activities, all work shall be halted within at least 50
meters (165 feet) of the find and the area shall be staked off immediately.
The monitoring professional archaeologist, if one is onsite, shall be notified
and evaluate the find. If a monitoring professional archaeologist is not
onsite, the City shall be notified immediately and a qualified professional
archaeologist shall be retained (at Developer's expense) to evaluate the
find and report to the City. If the find is determined to be significant,
appropriate mitigation measures shall be formulated by the professional
archaeologist and implemented by the responsible party."
42. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or
recognition of any human remains, Developer shall include the following language
in all grading, site work, and construction plans:
"If human remains are found during earth -moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or
any nearby area reasonably suspected to overlie adjacent human remains
until the coroner of Santa Clara County is contacted to determine that no
investigation of the cause of death is required. If the coroner determines
the remains to be Native American the coroner shall contact the Native
American Heritage Commission within 24 hours. The Native American
Heritage Commission shall identify the person or persons it believes to be
the most likely descendent (MLD) from the deceased Native American. The
MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of,
with appropriate dignity, the human remains and associated grave goods
as provided in Public Resources Code Section 5097.98. The landowner or
his authorized representative shall rebury the Native American human
remains and associated grave goods with appropriate dignity on the
property in a location not subject to further disturbance if: a) the Native
American Heritage Commission is unable to identify a MLD or the MLD
failed to make a recommendation within 24 hours after being notified by the
commission; b) the descendent identified fails to make a recommendation;
Resolution No. 2022-05
Page 15
or c) the landowner or his authorized representative rejects the
recommendation of the descendent, and the mediation by the Native
American Heritage Commission fails to provide measures acceptable to the
landowner."
ENGINEERING CONDITIONS
43. GENERAL - At first improvement plan submittal, utility sheets shall show
appropriate line types and labels to identify different type of utilities and pipe
sizes. Clearly identify both public and private utilities.
44. GENERAL - Improvement plans (as second sheet in plan set) shall contain
Approved Conditions of Approval.
45. GENERAL - Improvement plans shall include General Notes found in the City
of Gilroy General Guidelines. A complete set of improvement plans shall
consist of Civil site design, landscape site design, Electrical, Joint Trench.
46. GENERAL - Improvement plan cover sheet shall include a table summarizing
all facilities (Streets, Utilities, Landscaping, etc.), showing the ownership of all
facilities, and the maintenance responsibilities of all facilities.
47. GENERAL - The applicant shall obtain all applicable permits from federal,
state, and local agencies as required to construct the proposed improvements.
A copy of these permits will be provided prior to building permits for that
phase/tract.
48. GENERAL — Improvement plans are required for both on -site and off -site
improvements.
49. GENERAL - Existing overhead utilities shall be undergrounded and related
utility poles removed along the property frontage
50. GENERAL - All existing public utilities shall be protected in place and if
necessary, relocated as approved by the City Engineer. No permanent
structure is permitted within City easements without the approval of the City of
Gilroy.
Resolution No. 2022-05
Page 16
51. GENERAL - Prior to any work within public right of way or City easement, the
developer shall obtain an encroachment permit from the City.
52. GENERAL - All improvements shall be designed and constructed in
accordance with the City of Gilroy Municipal Code and Standard Specifications
and Details, and is subject to all laws of the City of Gilroy by reference. Street
improvements and the design of all off -site storm drainage facilities, sewer and
water lines, and all street sections shall be in accordance with City Standards
and shall follow the most current City Master Plan for streets, as approved by
the City of Gilroy's Public Works Director/City Engineer.
53. GENERAL - Prior to issuance of any building permits, developer shall submit
for City approval water, sewer and storm drain studies for the development.
These studies shall provide supporting hydraulic calculation for pipe sizing per
City standard design guideline.
54. GENERAL - At first improvement plan submittal, developer's engineer shall
submit a calculation for sanitary sewer and water generation per the City's
Master Plan design criteria.
55. FEE - The project is subject to the City's Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees. Latest City impact fee
schedule is available on the City's website. Payment of development impact
fees will be required for each unit prior to permit issuance and shall be based
on the current comprehensive fee schedule in effect at the time of fee
payment, consistent with and in accordance with City policy.
56. FEE - Prior to plan approval, developer shall submit a detailed project cost
estimate by the project engineer, subject to City Engineer approval. Cost
estimate shall be broken out into on -site and off -site improvements.
57. FEE - Prior to Parcel map approval, Developer shall pay 100% of the plan
check and processing fees and other related fees that the property is subject
to, enter into a property improvement agreement, and provide payment and
performance bonds each for 100% of the cost for improvements with the City
that shall secure the construction of the improvements. Insurance shall be
provided per the terms of the agreement.
Resolution No. 2022-05
Page 17
58. GRADING & DRAINAGE - 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 added to the grading
plans prior to plan approval.
59. GRADING & DRAINAGE - Prior to building permit issuance, the applicant's
Geotechnical Engineer shall review the final grading, pavement design and
drainage plans to ensure that said designs are in accordance with their
recommendations and the peer review comments. The applicant's
Geotechnical engineer's approval shall then be conveyed to the City either by
letter or by signing the plans.
60. GRADING & DRAINAGE - At first improvement plan submittal, the developer
shall submit a Storm Water Management Plan (SWMP) prepared by a
registered Civil Engineer. The SWMP shall analyze the existing and ultimate
conditions and facilities, and the study shall include all off -site tributary areas.
Study and the design shall be in compliance with the City's Stormwater
Management Guidance Manual (latest edition). Existing offsite drainage
patterns, i.e., tributary areas, drainage amount and velocity shall not be altered
by the development.
61. GRADING & DRAINAGE - All grading and improvement plans shall identify the
vertical elevation datum, date of survey, and surveyor.
62. GRADING & DRAINAGE - Improvement and grading plans shall show existing
topo and features at least 50' beyond the project boundary. Clearly show
Resolution No. 2022-05
Page 18
existing topo, label contour elevations, drainage patterns, flow lines, slopes,
and all other property encumbrances.
63. GRADING & DRAINAGE — Geotechnical Engineer to confirm infiltration rates
by conducting Double Ring Infiltrometer Testing with appropriate safety factors
of all stormwater detention and/or retention facilities.
64. PUBLIC IMPROVEMENTS — Prior to Parcel Map approval, developer shall
execute a property improvement agreement and post Payment and
Performance bonds each for 100% of cost for improvement with the City that
shall secure the construction of the public improvements. Insurance shall be
provided per the terms of the agreement.
65. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing
damaged improvements not designated for removal and all new improvements
that are damaged or removed because of developer's operations. Developer
shall request a walk-through with the Engineering Construction Inspector
before the start of construction to verify existing conditions.
66. CONSTRUCTION - 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 Valley Water's municipal industrial rate.
67. CONSTRUCTION - All construction water from fire hydrants shall be metered
and billed at the current hydrant meter rate.
68. CONSTRUCTION - The City shall be notified at least ten (10) 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.
69. CONSTRUCTION - Construction activity shall be restricted to the period
between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m.
to 7:00 p.m. for general construction activity. No work shall be done on
Sundays and City Holidays. The Public Works Director will apply additional
construction period restrictions, as necessary, to accommodate standard
commute traffic along arterial roadways and along school commute routes.
Resolution No. 2022-05
Page 19
70. CONSTRUCTION - All work shown on the improvement plans, if applicable,
shall be inspected. Uninspected work shall be removed as deemed
appropriate by the Public Works Director.
71. CONSTRUCTION - If the project has excess fill or cut that will be off -hauled to
a site or on -hauled from a site within the city limits of Gilroy, an additional
permit is required. This statement must be added as a general note to the
Grading and Drainage Plan.
72. CONSTRUCTION - It is the responsibility of the contractor to make sure that
all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud,
silt, concrete and other construction debris shall not be washed into the City's
storm drains.
73. CONSTRUCTION - At least one week prior to commencement of work, the
Developer shall post at the site and mail to the Engineering Division and to
owners of property within (300') three hundred feet of the exterior boundary of
the project site a notice that construction work will commence on or around the
stated date. The notice shall include a list of contact persons with name, title,
phone number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be current at all times and
shall consist of persons with authority to initiate corrective action in their area
of responsibility. The names of individuals responsible for dust, noise and litter
control shall be expressly identified in the notice.
74. CONSTRUCTION - Prior to final inspections, all pertinent conditions of
approval and all improvements shall be completed to the satisfaction of the
Planning Director and City Engineer.
75. TRANSPORTATION - Any work in the public right-of-way shall require a traffic
control plan prepared by a licensed professional engineer with experience in
preparing such plans. Traffic Control Plan shall be prepared in accordance
with the requirements of the latest edition of the California Manual on Uniform
Traffic Control Devices. The Traffic Control Plan shall be approved prior to the
commencement of any work within the public right of way.
76. UTILTIES - The Developer/Contractor shall make accessible any or all City
utilities as directed by the Public Works Director.
Resolution No. 2022-05
Page 20
PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL
77. FEE — The project is subject to the City's Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees. The following are
approximate impact fees based on planning phase information for a
Residential - High Density project. Actual fees will be based on Final Design
information.
i. Street Tree Development =$273
ii. Storm Development = $2,630
iii. Sewer Development = $27,868
iv. Water Development = $7,156
v. Traffic Impact = $40,964
vi. Public Facilities = $73,896
Latest City impact fee schedule is available on the City's website. Payment of
Impact Fees are required at each unit building permit issuance. Fees shall be
based on the current comprehensive fee schedule in effect at the time of fee
payment, consistent with and in accordance with City policy.
78. GENERAL - No building permits shall be issued until the Parcel Map is
recorded.
79. GENERAL - The approved construction schedule shall be shared with Gilroy
Unified School District (GUSD) to avoid traffic impacts to surrounding school
functions. An approved construction information handout(s) shall also be
provided to GUSD to share with school parents.
80. GENERAL - A current Title Report dated within the last six months, shall be
submitted with the first submittal improvement plans. An existing site plan shall
be submitted showing all existing site conditions and title report easements.
Include bearings and distances for all Right of Way and Easements on the
plans.
81. GENERAL - The Developer shall provide a "composite plan" showing Civil,
Landscape, Electrical, and Joint Trench design information (as a separate
sheet titled "Composite Plan") to confirm that there are no conflicts.
82. GENERAL - At first submittal, developer shall provide a Geotechnical report
that includes pavement section recommendations for all public and private
street pavement sections.
Resolution No. 2022-05
Page 21
83. GRADING & DRAINAGE - All grading operations and soil compaction activities
shall be per the approved project's design level geotechnical report. All
grading activities shall be conducted under the observation of, and tested by, a
licensed geotechnical engineer. A report shall be filed with the City of Gilroy for
each phase of construction, stating that all grading activities were performed in
conformance with the requirements of the project's geotechnical report. The
developer shall add this condition to the general notes on the grading plan
84. PUBLIC IMPROVEMENTS — All work in the public right of way, or for public
use, shall require an encroachment permit issued by Public Works, and shall
be contained in one set. Plans are to be submitted to Public Works for review
and approval.
85. PUBLIC IMPROVEMENTS — Offsite improvement plans shall be completed
per the Public Works Engineering Checklist found in the Public Works,
Engineering, portion of the City's website. Partial submittals shall not be
accepted. Applicant shall make a pre -submittal appointment with the Public
Work Land Development Section, to review that all submittal applications items
are complete.
86. PUBLIC IMPROVEMENTS — Prior to Final Map Approval, the developer shall
obtain design approval and bond for all necessary improvements. All
improvements must be built to the city Engineer's satisfaction prior to issuance
of the last certificate of occupancy.
87. PUBLIC IMPROVEMENTS — At first plan submittal, provide all sight distance
exhibits showing adequate sight distance.
88. PUBLIC IMPROVEMENTS - The developer shall microsurface Grenache Way
and Club drive along project frontage prior to project acceptance.
89. CONSTRUCTION - 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. 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.
90. CONSTRUCTION - The minimum soils sampling and testing frequency shall
conform to Chapter 8 of the Caltrans Construction Manual. The subdivider
Resolution No. 2022-05
Page 22
shall require the soils engineer to daily submit all testing and sampling and
reports to the City Engineer.
91. CONSTRUCTION — Prior to Parcel Map approval, the Developer/Applicant
shall submit a proposed construction phasing and schedule for approval by the
City Engineer. Schedule format shall be Microsoft Prospect, and shall identify
the scheduled critical path for the installation of improvements. The schedule
shall be updated weekly.
92. CONSTRUCTION - Grading operations between October 15 and April 15 will
require a winterized grading and erosion control plan to be submitted to the
Department of Public Works for approval. Grading activities will not be allowed
unless the winterized grading permit is approved by Public Works. The plan shall
include (at a minimum) the following items:
• Specify the work to be conducted during the winter months with estimated
number of working days to complete activity and the type of equipment to
be used.
• Provide a general schedule of the proposed work activities with a written
narrative/description of work that includes the procedures for completing
said work.
• Show how the entire site will be protected "Winterized" from sediment
erosion and transport and show how all exposed soil will be managed.
• Show temporary sediment basins to be used for collecting
stormwater. Sediment basins shall be sized appropriately and calculations
shall be provided as part of the plan submittal.
• Provide details of the temporary sediment basin's erosions control
measures such as sediment berms, Hydroseeding, and bank stabilization.
• On a single plan sheet, show the entire site at an appropriate scale
sufficient to make grading information legible with the location of temporary
sediment basins, overland flow arrows indicating flow to the temporary
sediment basins, and indicate the discharge locations.
93. CONSTRUCTION PARKING - No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to
park on the portion of a street which abuts property in a residential zone
without prior approval from the Public Works Director (§ 15.40.070).
94. TRANSPORTATION — At first plan submittal, developer shall submit on -site
and off -site photometric plans.
Resolution No. 2022-05
Page 23
95. TRANSPORTATION - At first plan submittal developer shall model all
Emergency Vehicle circulation movements, as a separate plan sheet. The
circulation plan shall be prepared to the City Engineer's satisfaction, and
modeled with AutoTurn swept analysis software, all turning and street
circulation movements.
96. TRANSPORTATION — Applicant shall obtain a letter from Recology confirming
serviceability and site accessibility of solid waste pickup, Contact Lisa Patton,
Operations Manager 408-846-4421. Include Recology letter with first building
permit submittal.
97. TRANSPORTATION - Developer shall design driveway grades to keep a
standard design vehicle from dragging or "bottoming out" on the street or
driveway and to keep water collected in the street from flowing onto the lots.
The details of such design shall be provided at improvement plan phase and
shall be to the satisfaction of the City Transportation Engineer.
98. UTILITIES — All new services to the development shall be "underground
service" designed and installed in accordance with the Pacific Gas and Electric
Company, AT&T (phone) Company and local cable company regulations.
Transformers and switch gear cabinets shall be placed underground unless
otherwise approved by the Planning Director and the City Engineer.
Underground utility plans must be submitted to the City prior to installation.
99. UTILITIES - The following items will need to be completed prior to first building
permit submittal:
a. The Developer shall provide joint trench composite plans for the
underground electrical, gas, telephone, cable television, and communication
conduits and cables including the size, location and details of all trenches,
locations of building utility service stubs and meters and placements or
arrangements of junction structures as a part of the Improvement Plan
submittals for the project. Show preferred and alternative locations for all utility
vaults and boxes if project has not obtained PG&E approval. A licensed Civil
or Electrical Engineer shall sign the composite drawings and/or utility
improvement plans. (All dry utilities shall be placed underground).
b. The Developer shall negotiate right-of-way with Pacific Gas and Electric
and other utilities subject to the review and approval by the Engineering
Division and the utility companies.
Resolution No. 2022-05
Page 24
c. Will Serve Letter" from each utility company for the subdivision shall be
supplied to the City.
100. UTILITIES - A note shall be placed on the joint trench composite plans which
states that the plan agrees with City Codes and Standards and that no
underground utility conflict exists. The Joint consultant shall provide the City a
separate "project utility composite plan" showing all Civil, Landscape,
electrical, and joint trench information to confirm that there are no conflicts with
joint trench plan utilities.
101. UTILITIES — Storm and sewer lines in private streets shall be privately owned
and maintained. This should be noted on the title sheet of the project
improvement plan.
102. UTILITIES - Prior to any construction of the dry utilities in the field, the
following will need to be supplied to the City:
i. A professional engineer signed original electrical plan.
ii. A letter from the design Electrical or Civil Engineer that states the electrical
plan conforms to City codes and Standards, and to the approved improvement
plans.
103. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways
shall have traffic rated boxes and lids.
104. UTILITIES - The Developer shall perform Fire Hydrant test to confirm water
system will adequately serve the development and will modify any part of the
systems that does not perform to the standards established by the City.
Developer shall coordinate with Fire Department for the Fire Hydrant test.
105. UTILITIES - 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.
106. UTILTIES - All new mainline storm drain piping shall have a minimum diameter
of 18 inches and the lateral connections shall have a minimum diameter of 15
inches.
Resolution No. 2022-05
Page 25
107.
UTILITIES - Developer shall provide separate irrigation meter to serve this
development's common area landscaping.
108. UTILITIES - Water lines and related facilities within the proposed subdivision
will be publicly owned and maintained.
109. WATER QUALITY - Proposed development shall comply with state mandated
regional permits for both pre -construction and post -construction stormwater
quality requirements per chapter 27D of the Gilroy Municipal Code, and is
subject to, but not limited to, the following:
a. At first improvement plan submittal, project shall submit a design level
Stormwater Control Plan Report (in 8 1A x 11 report format), to include
background, summary, and explanation of all aspects of stormwater
management. Report shall also include exhibits, tables, calculations, and all
technical information supporting facts, including but not limited to, exhibit of the
proposed site conditions which clearly delineates impervious and pervious
areas on site. Provide a separate hatch or shading for landscaping/pervious
areas on -site including those areas that are not bioretention areas. This
stormwater control plan report format does not replace or is not in lieu of any
stormwater control plan sheet in improvement plans.
b. The stormwater control plan shall include a signed Performance
Requirement Certifications specified in the Stormwater Guidance Manual.
c. At developer's sole expense, the stormwater control plan shall be
submitted for review by an independent third party accepted by the City for
compliance. Result of the peer review shall be included with the submittal for
City evaluation.
d. Prior to plan approval, the Developer of the site shall enter into a formal
written Stormwater BMP Operation and Maintenance Agreement with the City,
including Exhibit A and Exhibit B.
i. The City shall record this agreement against the property or properties
involved and it shall be binding on all subsequent owners of land served by the
stormwater management treatment BMPs. The City -standard Stormwater BMP
Operation and Maintenance Agreement will be provided by Public Works
Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP
maintenance activities not alter the designed function of the facility from its
original design unless approved by the City prior to the commencement of the
proposed modification or maintenance activity.
Resolution No. 2022-05
Page 26
iii. This Agreement shall also provide that in the event that maintenance or
repair is neglected, or the stormwater management facility becomes a danger
to public health or safety, the city shall have the authority to perform
maintenance and/or repair work and to recover the costs from the owner.
iv. All on -site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired/replaced by the property
owner(s) or other legal entity approved by the City.
v. Any repairs or restoration/replacement and maintenance shall be in
accordance with City -approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of
any stormwater management facility and shall describe the maintenance to be
completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the approved
Stormwater Runoff Management Plan.
e. Stormwater BMP Operations and Maintenance Agreement shall include
inspections to be required for this project and shall adhere to the following:
i. The property owner(s) shall be responsible for having all stormwater
management facilities inspected for condition and function by a certified third
party QSP or QSD.
ii. Stormwater facility inspections shall be done at least twice per year, once
in Fall by October 1st, in preparation for the wet season, and once in Winter by
March 15th. Written records shall be kept of all inspections and shall include,
at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re -inspection.
f. Upon completion of each inspection, an inspection report shall be
submitted to Public Works Engineering no later than October 1st for the Fall
report, and no later than March 15th of the following year for the Winter report.
g. Before commencing any grading or construction activities, the developer
shall obtain a National Pollutant Discharge Elimination System (NPDES)
permit and provide evidence of filing of a Notice of Intent (NOI) with the State
Water Resources Control Board.
Resolution No. 2022-05
Page 27
110. WATER QUALITY - The developer is responsible for ensuring that all
contractors are aware of all storm water quality measures and implement such
measures. Failure to comply with the approved construction BMPs will result in
the issuance of correction notices, citations or a project stop order.
111. WATER QUALITY - The developer shall secure a QSD or QSP to maintain all
erosion control and BMP measures during construction. The developers QSD
or QSP shall provide the City weekly inspection reports.
112. WATER QUALITY — Sequence of construction for all Post Construction
Required facilities (PCR's) / stormwater facilities (bioswales,
detention/retention basins, drain rock, etc.) shall be done as a final phase of
construction to prevent silting of facilities and reduce the intended use of the
facilities. Prior to final inspection, all stormwater facilities will be tested by a
certified QSP or QSD to meet the minimum design infiltration rate. A
maximum of 9 percolation tests shall be completed.
113. STORMWATER — All soil and infiltration properties for all stormwater facilities
shall be evaluated by the geotechnical engineer. Percolation tests at
horizontal and vertical (at the depth of the stormwater facility) shall be
conducted for each stormwater facility. A 50% safety factor shall be applied to
the calculated percolation test and shall be used as the basis for design (the
design percolation rate). The geotechnical report shall include a section
designated for stormwater design, including percolation results and design
parameters.
114. STORMWATER — This project may be subject to an audit by the Central Coast
Regional Board. City may be required to provide the project stormwater
design and storm water management plan for Regional Board review and
comment. The project may need to provide the Regional Board any and all
necessary documents (including reports, technical data, plans, etc.) for the
Regional Board approval.
115. LANDSCAPING - Landscaping plans shall not conflict with the stormwater
management water treatment plan.
116. LANDSAPING — The proposed landscaping along the project public street
frontages are maintained by project HOA. Developer shall submit a separate
Resolution No. 2022-05
Page 28
exhibit showing all the HOA maintained landscape areas for Glen Loma Ranch
that are within the public right-of-way.
117. MASTER PLANS - Confirm the project is in compliance with the City's Utility
Master Plans. Project utility calculations and reports shall identify conformance
to the City's adopted Utility Master Plans.
118. PROJECT ACCEPTANCE — At first improvement plan submittal, plans must
show current topographic survey including current improvements along all
adjacent public and private streets.
119. PROJECT ACCEPTANCE — Until such time as all improvements required are
fully completed and accepted by City, Developer will be responsible for the
care maintenance of and any damage to such improvements. City shall not,
nor shall any officer or employee thereof, be liable or responsible for any
accident, loss or damage, regardless of cause, happening or occurring to the
work or Improvements required for this project prior to the completion and
acceptance of the work or Improvements. All such risks shall be the
responsibility of and are hereby assumed by the Developer.
120. PROJECT ACCEPTANCE — Certification of grades and compaction is required
prior to Building Permit final. This statement must be added as a general note
to the Grading and Drainage Plan
121. PROJECT ACCEPTANCE — Prior to project acceptance, developer shall
submit for review and approval all of the items identified in the Public Works
Department "Development Project Closeout" list.
122. PARCEL MAP - All parcel maps shall designate all common lots as lettered
lots. The Parcel map should be clear on the limits of Public vs. Private (HOA)
designations.
123. PARCEL MAP - Prior to Parcel 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
Resolution No. 2022-05
Page 29
privately owned improvements and landscaping shall be maintained by the
association.
124. PARCEL MAP —The Parcel Map shall be presented to the City Council for
review and action. The City Council meeting will be scheduled approximately
fifty (50) days after the Final Map is deemed technically correct, and
Subdivision Improvement Plans with supporting documents, reports and
agreements are approved by the City. Developer shall dedicate necessary
right of way and public easements for the project development.
125. Prior to Parcel Map Approval, the developer shall enter into a landscape
maintenance agreement with the City for all related landscape and trails within
the limits of the Glen Loma Ranch Specific Plan. This Agreement shall also
include any landscape, road, and trail easements related Santa Teresa Blvd.
A detailed map of all areas covered shall be approved by the City Engineer
and the County of Santa Clara.
126. GRADING & DRAINAGE — All cut and fill slopes along public right of way shall
be 3:1 or flatter.
127. GRADING & DRAINAGE — Final grading shall achieve minimum 10' from
basin to the top of slope of any permanent structure (Fence, sidewalks, etc.)
128. GRADING & DRAINAGE — Maintain 2' flat area adjacent to the back of walk,
and 3:1 slope from top of basin to the flat area along the sidewalk at Club
Drive and Grenache Way frontage.
129. GRADING & DRAINAGE — At final design, the basin shall have an all-weather
surface (minimum 10' wide) around the basin for year-round maintenance.
130. LANDSCAPING — The final landscaping design shall screen the basin from all
sides and views from the public right of way. This may require multiple rows of
landscaping.
PASSED AND ADOPTED this 10th day of March 2022 by the following roll call vote:
Resolution No. 2022-05
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AYES: Chair Bhandal, Vice -Chair Kushner, Commissioner Elle, Commissioner
Jezabel Moreno, Commissioner Leongardt, Commissioner Lewis
NOES:
ABSENT: Commissioner Doyle
ATTEST:
APPROVED:
iggs, ecretary Manny Bhandal, Chairperson