Resolution No. 2022-56 | Tentative Map Subdivide Parcels on Gurries Drive | Adopted 08/01/2022 RESOLUTION NO. 2022-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A TENTATIVE MAP TO ADJUST THE LOT LINES AND
SUBDIVIDE THREE (3) PARCELS ON GURRIES DRIVE (APN: 790-35-
038, 039, & 054) INTO A TOTAL OF FOUR (4) PARCELS (FILE NUMBER
TM 21-03)
WHEREAS, on July 22, 2021 an application was submitted by El Encanto III LLC
proposing subdivision of a 8,256 square foot site into four lots, located on Gurries Drive (APN:
790-35-038, 039, & 054) within the City of Gilroy R3 Medium Density Residential zoning district
(“Project”); and
WHEREAS, the application was resubmitted on May 11, 2022 and accepted as complete
on May 11, 2022; and
WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040
General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all
of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines
as well as all sections required to be included in an EIR; and
WHEREAS, the project has been determined to be exempt from the California
Environmental Quality Act (CEQA) under a Statutory Exemption pursuant to Public Resources
Code section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General
Plan, Community Plan or Zoning). Public Resources Code Section 21083.3 allows a lead agency
to avoid repeating analyses that were already provided in a certified General Plan EIR and where
projects are zoned to accommodate a particular density of development; and
WHEREAS, the Planning Commission held a duly noticed public meeting on July 7, 2022,
at which time the Planning Commission received and considered the staff report as well as all
evidence received including written and oral public testimony related to the project TM 21-03; and
WHEREAS the Planning Commission of the City of Gilroy determined that the proposed
Tentative Parcel Map (TM 21-03), meets the findings for approval and recommended the City
Council approve TM 21-03, subject to the Conditions of approval attached hereto as Exhibit A.;
and
WHEREAS, the City Council held a duly noticed public meeting on August 1, 2022, at
which time the City Council received and considered the staff report as well as all evidence
received including written and oral public testimony related to the Tentative Parcel Map TM 21-
03; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which the project approval is based is the Community
Development Department, Planning Division.
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Resolution No. 2022-56
Tentative Map Subdivide Parcels on Gurries Drive
City Council Regular Meeting | August 1, 2022
Page 2 of 4
NOW, THEREFORE, BE IT FURTHER RESOLVED that in order to recommend
denial of the proposed Tentative Parcel Map, the City Council would have to make one of the
seven listed findings described in Government Code Section 66474 based upon substantial
evidence in the record. The seven findings are listed below, along with an explanation for each
one as to why the Council cannot make the finding:
1. That the proposed subdivision is not consistent with applicable general and specific plans
as specified in Section 65451.
This finding for denial cannot be made. The proposed subdivision (TM 21-03) is generally
consistent with the goals and policies of the Gilroy 2040 General Plan, and no Specific
Plan applies to this property or proposed development.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
This finding for denial cannot be made. The design or improvement of the proposed
subdivision (TM 21-03) is generally consistent with the goals of the Gilroy 2040 General
Plan and no Specific Plan applies to this property or proposed development. The design of
the proposed subdivision (TM 21-03) is also consistent with the Gilroy Mixed-use
Residential and Multi-family Residential Objective Design Standards Policy.
3. That the site is not physically suitable for the type of development.
This finding for denial cannot be made. The site is physically suitable for the proposed
development (TM 21-03) because it is generally consistent with the City’s Zoning
Ordinance, Subdivision Ordinance, and Land Development Code. Public utilities and
infrastructure improvements needed to serve the proposed project are in proximity to the
site.
4. That the site is not physically suitable for the proposed density of development.
This finding for denial cannot be made. The site is physically suitable for the p roposed
density because the proposed development (TM 21-03) has been designed in conformance
with the Gilroy 2040 General Plan density allowance and the City’s Zoning Ordinance,
Subdivision Ordinance, and Land Development Code.
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Resolution No. 2022-56
Tentative Map Subdivide Parcels on Gurries Drive
City Council Regular Meeting | August 1, 2022
Page 3 of 4
5. That the design of the proposed subdivision or the proposed improvements are likely to
cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
This finding for denial cannot be made. The design of the subdivision and the proposed
improvements (TM 21-03) will not cause substantial environmental damage, or
substantially injure fish or wildlife because the site is located within a developed urban
context and is not in or adjacent to any sensitive habitat areas. There will be no significant
environmental impacts as a result of this project which is statutorily exempt from the
California Environmental Quality Act (CEQA), pursuant to Public Resources Code section
21083.3 and State CEQA Guidelines section 15183 since the project is consistent with the
Gilroy 2040 General Plan and natural resource policies.
6. That the design of the subdivision or type of improvements is likely to cause serious
public health problems.
This finding for denial cannot be made. The design of the proposed residential subdivision
and the type of proposed residential improvements (TM 21-03) will not cause serious
public health problems because the site is located within an urban context and has access
to urban services including sewer and water.
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision. In this connection, the governing body may approve a map if
it finds that alternate easements, for access or for use, will be provided, and that these
will be substantially equivalent to ones previously acquired by the public. This subsection
shall apply only to easements of record or to easements established by judgment of a
court of competent jurisdiction and no authority is hereby granted to a legislative body
to determine that the public at large has acquired easements for access through or use
of property within the proposed subdivision.
This finding for denial cannot be made. The design of the proposed Tentative Parcel Map
(TM 21-03) will not conflict with any easements identified by the Preliminary Title
Report for the site, including but not limited to public use easement, private waterline,
private utility, private ingress and egress, private parking and private overland release and
incidental purposes.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Gilroy hereby finds that the project meets the findings for approval, and approves application
TM 21-03, subject to the conditions included as Exhibit A.
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Resolution No. 2022-56
Tentative Map Subdivide Parcels on Gurries Drive
City Council Regular Meeting | August 1, 2022
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PASSED AND ADOPTED this 1st day of August, 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUÑOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
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EXHIBIT A
CONDITIONS OF APPROVAL
AS 21-14
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for Architectural and Site Review Permit
AS 21-14 is granted to allow construction of a four (4) unit two-story townhome
development on property located on Gurries Drive (APN: 790-35-038, 039, & 054)
within the City of Gilroy R3 Medium Density Residential zoning district as shown
on the project plans, consisting of 16 sheets, prepared by DZ Design Associates,
dated July 2021, and received by the Planning Department on February 11, 2022.
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 building permit 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. PERMIT EXPIRATION: The expiration date of this approval is one year from the date
of recordation of the Final Map for TM 21-03. Building permits must be obtained for the
project within one (1) year from that date. Otherwise this approval shall expire unless a
timely extension has been obtained. Upon application, an extension of time may be
granted by the Community Development Director or designee. 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.
3. RELATED ENTITLEMENTS: This permit is subject to the conditions of approval of
Tentative Map application TM 21-03. If the tentative map is not approved and executed or
if the tentative map expires, this approval shall be null and void.
4. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply
with any of the conditions of this permit, the Developer, owner or tenant shall be subject
to permit revocation or enforcement actions pursuant to the City Code. All costs
associated with any such actions shall be the responsibility of Developer, owner or tenant.
5. 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
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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.
6. SIGNAGE: All signage advertising the development project or components thereof,
including individual tenants or subdivisions, shall be installed or maintained onsite or
offsite as allowed and in conformance with an approved sign permit.
7. 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.
The following conditions shall be addressed prior to issuance of any BUILDING PERMIT,
GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise
specified in the condition.
8. 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 decision-
maker.
9. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall
certify in writing that the architectural design shown in the building permit plans match
the plans approved by the Community Development Director or designee/Planning
Commission/City Council. Any changes must be clearly noted. The project architect shall
also certify that the structural plans are consistent with the architectural plans. In the event
of a discrepancy between the structural plans and the architectural plans, the architectural
plans shall take precedence, and revised structural drawings shall be submitted to the
Building Division.
10. COLORS AND MATERIALS: Plans submitted for building permit applications shall
include all exterior building materials and colors, including product and finish
manufacturer name, color name and number, and surface finish type (e.g. stucco with sand
finish, plaster with smooth finish) to be used in construction.
11. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior to
initiating any new construction or modifications authorized under this approval, including
but not limited to temporary construction trailers, temporary staging areas, model home
sales offices, advertising signs of any kind, exterior and interior modifications. Developer
shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as
applicable.
12. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall submit a Habitat Permit application to the City of Gilroy. The application
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shall consist of the application processing fee, Santa Clara Valley Habitat Plan Application
For Private Projects and Fees and Conditions Worksheet (available on the Santa Clara
Valley Habitat Agency website: https://www.scv-habitatagency.org/). The grading permit
will be issued only after approval of the Habitat Plan permit and payment of assessed fees.
13. PAYMENT OF FEES: Developer shall pay all required development impact fees prior to
issuance of permits. This includes required park in lieu fees, school fees, traffic impact
fees, etc.
14. GARAGE DOORS: Developer shall provide automatic garage door openers for all
garages. All garage entries shall be equipped with a sectional roll-up garage door.
15. FENCES AND WALLS: All fencing and walls are to be shown on construction drawings
submitted for building permit review and shall not exceed six (6) feet in height, measured
from adjacent grade to the top of the fence or wall. The design and location must comply
with all setback requirements.
16. REFUSE STORAGE: Developer shall show on construction documents a minimum 9-
foot by 3-foot level concrete pad for storage of three refuse containers in the side yard area
or other location approved by the Community Development Director or designee that is
out of view from the street. All refuse storage bins (trash, recycling, landscaping, organics)
shall be kept in the garage or behind a private fence.
17. RAIN GUTTERS AND DOWNSPOUTS: Developer shall install all roof and building
rain gutters and downspouts, vents, and flashing to integrate as closely as possible with
building design elements, including matching the color of the adjacent surface.
18. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall
clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil surfaces,
as required by the State Model Water Efficient Landscape Ordinance (MWELO).
19. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant species,
such as those listed by the California Invasive Plant Council.
20. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building permits
or initiation of the proposed use, whichever comes first, Developer shall submit a
completed Landscape Documentation Package, including a soil analysis/management
report along with appropriate application review fees, to the Community Development
Department, including required documentation for compliance verification, and obtain
approval of such plans.
21. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall (as part
of the irrigation system) indicate on construction drawings sensors that suspend or alter
irrigation operation during unfavorable weather conditions (e.g. automatic rain shut-off
devices).
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22. PRECONSTRUCTION NESTING BIRD SURVEY: To the extent practicable,
vegetation removal and construction activities shall be performed from September 1
through January 31 to avoid the general nesting period for birds. If construction or
vegetation removal cannot be performed during this period, preconstruction surveys will
be performed no more than two days prior to construction activities to locate any active
nests as follows:
“The Developer shall be responsible for the retention of a qualified biologist to
conduct a survey of the project site and surrounding 500’ for active nests – with
particular emphasis on nests of migratory birds – if construction (including site
preparation) will begin during the bird nesting season, from February 1 through
August 31. If active nests are observed on either the project site or the surrounding
area, the project applicant, in coordination with the appropriate City staff, shall
establish no-disturbance buffer zones around the nests, with the size to be determined
in consultation with the California Department of Fish and Wildlife (usually 100’ for
perching birds and 300’ for raptors). The no-disturbance buffer will remain in place
until the biologist determines the nest is no longer active or the nesting season ends. If
construction ceases for two days or more and then resumes during the nesting season,
an additional survey will be necessary to avoid impacts on active bird nests that may
be present.”
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL
INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs
first, or as otherwise specified in the condition.
23. ON- AND OFF-SITE IMPROVEMENTS: Prior to occupancy, Developer shall
complete all required offsite and onsite improvements related to the project, including
structures, paving, and landscaping, unless otherwise allowed by the Community
Development Director, or stated in these conditions.
24. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate
of occupancy or building permit final sign-off, Developer shall complete installation of all
landscaping and irrigation in accordance with the approved plans.
25. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation of
the proposed use, or completion of each build-out phase of development, Developer shall
submit a signed Certificate of Completion, along with all necessary supporting
documentation and payment to the Community Development Department, for compliance
verification of the landscape installation. Developer is required under the Model Water
Efficient Landscape Ordinance (MWELO) to provide a copy of the approved Certificate
of Completion to the property owner or his or her designee.
26. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required for
the foundation, framing, application of exterior materials, and final completion of each
structure to ensure that the construction matches the approved plans.
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27. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall
remove all construction materials, debris, and vehicles from the subject property.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.
28. 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
“During earth-moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on
Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on
Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project area;
c. Construct sound walls or other noise reduction measures prior to developing the
project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize “quiet” models of air compressors and other stationary noise sources where
technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for responding to
any complaints about construction noise. The disturbance coordinator will
determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require
that reasonable measures be implemented to correct the problem.”
29. 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
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power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per
hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points;
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked by a certified
visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact at the
lead agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.”
30. 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.
31. 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 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.
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32. 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.”
33. 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; 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.”
The following conditions shall be complied with AT ALL TIMES that the use permitted by this
entitlement occupies the premises.
34. ADDITIONS, ACCESSORY BUILDINGS, AND PATIO COVERS: Building
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additions and patio covers shall conform to the zoning district or PUD approval, as
applicable.
35. GARAGE USE: Garages shall be used for resident parking only. Storage is permitted so
long as it does not prevent use of garage for required vehicle parking. The use and
availability of garage spaces for parking shall be specified in the project CC&R’s.
36. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall maintain
landscaping and irrigation in accordance with the approved plans, except as otherwise
permitted or required by law. Significant changes to the number, placement, and selection
of plant species may require a modification to this approval, to be determined by the
Community Development Director or designee.
PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project
ENTITLEMENT(S); and which shall be addressed on the construction plans submitted for any
BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be satisfied prior
to issuance of whichever permit is issued first, or if another deadline is specified in a condition, at
that time.
37. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the
time of first improvement plan submittal, the applicant shall submit a $10,000 (Ten
Thousand Dollar) initial deposit for project plan check and construction inspection. This
deposit will be credited/accounted toward final plan check and inspection fee for the
project. In addition, the applicant shall submit a detailed project cost estimate prepared by
the project engineer, to approval of the City Engineer, with the initial project plan
submittal. The cost estimate shall be broken out into on-site and off-site improvements.
Prior to plan approval, the applicant shall pay 100% of the plan check and inspection fee
based on the approved project cost estimate. Public Works will not sign-off on the issuance
of the project building permit without full payment of this plan check and inspection fee.
(PUBLIC WORKS).
38. PLAN SUBMITTAL: The Engineering project plans shall be submitted, in full, with the
building permit plans. Improvement plans are required for both on-site and off- site
improvements, and the improvement plan set cover sheet shall include an index referencing
on-site and off-site improvements. All improvements shall be designed and constructed in
accordance with the City of Gilroy Municipal Code and Standard Specifications and Details
and are subject to all laws of the City of Gilroy by reference. The improvement plans shall
include all improvements per the Public Works Site Improvement Plan Checklist. (PUBLIC
WORKS).
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39. UTILITY PLANS: A utility plan shall be provided for all projects as specified within
these conditions of approval. To ensure coordination between the applicant and the
relevant utility company:
a. The applicant 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 applicant shall negotiate any necessary right-of-way or easement with PG&E, or
any other utilities, subject to the review and approval by the Engineering Division
and the utility companies.
c. A “Will Serve Letter” shall be provided for each utility company expected to service
the subdivision. Early coordination with the utility companies is necessary to obtain
this letter. Coordination of City utilities shall be through the Engineering Division.
d. 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.
(PUBLIC WORKS)
40. UTILITY RESPONSIBILITIES: Storm and sewer utilities in private areas shall be
privately owned and privately maintained. The water system in Gilroy is owned and
maintained by the City. Conversely, public utilities within utility easements on private
property remain the responsibility of the individual utility companies to maintain. The
plans shall note the inspection, ownership and maintenance responsibility for each utility
shown on the plans within a Table of Responsibilities on the project cover sheet of the
improvement plans submitted with the initial plan submittal. The table shall include the list
of streets, the responsible party for inspection of the improvements, who is responsible for
the ownership of the utility, and who is responsible for the maintenance of the utility. An
example of this table, including the types of utilities to be listed, can be provided by the
Engineering Division upon request. (PUBLIC WORKS)
41. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be
prepared by a registered professional engineer experienced in preparing these types of
plans. The applicant shall submit, with the improvement plans submitted with the initial
plan submittal, a letter from the design Electrical or Civil Engineer that states the electrical
plan conform to City Codes and Standards, and to the approved improvement plans. The
letter shall be signed and stamped by the professional engineer that prepares the
improvement plans. (PUBLIC WORKS)
42. EXISTING FACILITIES PROTECTION: 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.
(PUBLIC WORKS)
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43. STORMWATER QUALITY: Project design shall comply with the Stormwater
Management Guidance Manual for Low Impact Development & Post-Construction
Requirements. The applicant shall submit the Source Control Checklist as well as the
appropriate Performance Requirements Checklist found in Appendix A of the manual at the
time of the initial submittal for building permit. The manual can be found at the following
site: www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)
44. DEVELOPER STORMWATER QUALITY RESPONSIBILITY: 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. (PUBLIC
WORKS)
45. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all
construction activities in accordance with Gilroy Municipal Code Section 27C, Municipal
Storm Water Quality Protection and Discharge Controls, and Section E.10, Construction
Site Storm Water Run-Off Control Program of the Regional NPDES Permit. Detailed
information can be located at:
www.flowstobay.org/documents/business/construction/SWPPP.pdf. This sheet shall be
printed and included in all building construction plan sets permitted for construction in the
City of Gilroy. (PUBLIC WORKS)
46. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire
Hydrant flow test to confirm the 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. Applicant shall coordinate with Fire Department for the Fire Hydrant flow test.
The flow test results shall be submitted with the initial plan submittal. (PUBLIC WORKS)
47. 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. (PUBLIC WORKS)
48. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water,
sewer, storm drain or traffic studies for the development deemed appropriate by the City
Engineer. These studies shall provide the supporting hydraulic calculation for pipe sizing
per the City Standard Design Guidelines. The study shall be reviewed and approved by
Engineering. If the results of the study indicate that this development contributes to the
over-capacity of the trunk line, the applicant will be required to mitigate the impact by
removing and replacing, or upsizing of the existing utilities to accommodate the appropriate
level of project flows to the approval of the City Engineer. The improvements shall be
addressed on the construction drawings, to the approval of the City Engineer, prior to the
issuance of the first building permit. (PUBLIC WORKS)
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49. MASTER PLAN COMPLIANCE: The project shall comply with all City Master Plans to
the approval of the City Engineer. Street improvements, all street sections, the design of all
off-site storm drainage facilities, sewer and water lines shall be in accordance with City
Standards and shall follow the most current City Master Plan as approved by the City
Engineer. Improvements deemed necessary by the City Engineer shall be shown on the
project improvement plans. (PUBLIC WORKS)
50. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees. The City’s latest impact fee
schedule is available on the City’s website. Payment of all Impact Fees is required at first
building permit issuance. Fees shall be based on the current fee schedule in effect at the
time of fee payment, consistent with and in accordance with City policy. Note that impact
fees increase at the beginning of each fiscal year, July 1. Specific fee language is provided
further in these conditions of approval. (PUBLIC WORKS)
51. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the
applicant 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 off-site drainage patterns, i.e., tributary areas, drainage amount, and velocity shall
not be altered by the development. The plan shall be to the approval of the City Engineer
and shall be approved prior to the issuance of the building permit. (PUBLIC WORKS)
52. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all
existing improvements not designated for removal, and all new improvements that are
damaged during construction or removed because of the applicant’s operations. The
applicant shall request a walk-through with the Engineering Construction Inspector before
the start of construction to verify existing conditions. Said repairs shall be completed prior
to the first occupancy of the project. (PUBLIC WORKS)
53. TRIANGULAR AREA OF VISIBILITY : Landscaping and permanent structures located
within the 10' triangular area of visibility at the driveway, and 45’ triangular area of
visibility at any project corner, shall have a minimum vertical clearance of 9’, and/or be less
than 2’ in height. This includes all PG&E above ground structures and other utility
facilities. The sight triangle shall be shown on the site civil plans, to the approval of the
City Engineer, to demonstrate this condition. (PUBLIC WORKS)
54. DRIVEWAY DESIGN: Driveway grades shall be designed 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 on the site civil plans to the satisfaction of the City Engineer. (PUBLIC WORKS)
55. GRADING & DRAINAGE: All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. There shall be no earthwork
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disturbance or grading activities between October 15th and April 15th unless otherwise
approved by the City Engineer. If approved, the applicant shall submit a Winterization
Erosion Control Plan to the City Engineer for review and approval. This plan shall
incorporate erosion control devices and other techniques in accordance with Gilroy
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. A project
WDID# shall be added to the grading plans prior to plan approval. (PUBLIC WORKS)
56. GEOTECHNICAL ENGINEER: 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 the recommendations or the project
geotechnical study, 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.
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
applicant shall add this condition to the general notes on the grading plan.
Certification of grades and compaction are required prior to Building Permit final. This
statement must be added as a general note to the Grading and Drainage Plan. (PUBLIC
WORKS)
57. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must
obtain an encroachment permit, posting the required bonds and insurance, and provide a
one (1) year warranty for all work to be done in the City's right-of-way or City easement.
This encroachment permit shall be obtained prior to the issuance of a foundation building
permit and prior to any work being done in the City's right-of-way. All existing public
utilities shall be protected in place and if necessary relocated as approved by the City
Engineer. No permanent structures are permitted within the City right-of-way, or within
any City easement unless otherwise approved by the City Engineer. The applicant shall
have street improvement plans prepared for all work in the public right-of-way by a
licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Prior to
issuance of the encroachment permit, the applicant shall submit any applicable pedestrian
or traffic control plans for any lane or sidewalk closures. The traffic control plan shall
comply with the State of California Manual of Uniform Traffic Control Devices (MUTCD),
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and standard construction practices. [(For major street improvements) Construction plans
for improvements in the right-of-way shall be submitted to the City Engineer at 30%, 60%,
and 90% design for review. All design assumptions and criteria shall be submitted with
each phase of design submittal. Project specifications shall be included for review with the
90% design review.]
Final construction plans and specifications shall be approved by the City Engineer, and
released for construction, prior to the issuance of the encroachment permit. The applicant
is required to confirm the location of existing utility lines along the project frontage by
potholing. Prior to any potholing, applicant shall submit a pothole plan for City review and
approval. Applicant shall provide the pothole result to the City Engineer prior to final
design. Right-of-way improvements shall include, at a minimum, the following items:
(PUBLIC WORKS)
a. STREET MARKINGS: The applicant shall install necessary street markings of a
material and design approved by the City Engineer and replace any that are
damaged during construction. These include but are not limited to all pavement
markings, painted curbs and handicap markings. All permanent pavement markings
shall be thermoplastic and comply with Caltrans Standards. Color and location of
painted curbs shall be shown on the plans and are subject to approval by the City
Engineer. Any existing painted curb or pavement markings no longer required shall
be removed by grinding if thermoplastic, or sand blasting if in paint.
b. SIDEWALK: The applicant shall replace to existing City standards all sidewalk
surrounding the project site. The actual amount of sidewalk to be replaced shall be
determined by the Public Works Construction Inspector in the field prior to
construction. Sidewalk replacement shall be constructed per the City Standard
Drawings.
c. CURB AND GUTTER: The applicant shall replace to existing City standards all
curb and gutter surrounding the project site. The actual amount of curb and gutter to
be replaced shall be determined by the Public Works Construction Inspector in the
field prior to construction. New curb and gutter shall be constructed per the City
Standard Drawing STR-12.
d. DRIVEWAY APPROACHES: The applicant shall install City Standard
Residential driveway approaches as shown on the approved plans. The new
residential driveway approach shall be constructed per the City Standard Drawing.
e. SEWER LATERAL::
i. The applicant shall install as a minimum a six (6) inch City Standard sewer
lateral connection from the property line to the sewer main located in the
street right-of-way. The installation shall be done in accordance with the City
Standard Drawing SWR-6 including a 6" property line clean-out.
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f. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out behind
the public service easement in accordance with the City Standard Drawing SWR-6.
g. SEPARATE WATER SERVICES: The applicant shall provide separate water
services for residential and irrigation use of the project. These separate services
shall be clearly identified on the plans.
h. SANITARY (STORM) SEWER MANHOLE(S): The applicant shall install
standard sanitary sewer manholes per approved plans and in accordance with the
City Standard Drawing.
i. STORM WATER CATCH BASIN(S): The applicant shall install standard storm
water catch basins per approved plans and in accordance with the City Standard
Drawing.
j. SIDEWALK UNDERDRAIN(S): The applicant shall install standard sidewalk
underdrains in accordance with the City Standard Drawing STR-19.
58. 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. (PUBLIC WORKS)
59. EXTERIOR SITE LIGHTING STANDARDS: The applicant shall submit a photometric
plan for on-site lighting showing lighting levels to Illuminating Engineering Society (IES)
Standards. The plan shall comply with the requirement of an average of 1 foot-candle with
a 4:1 minimum to average ratio and a minimum lighting of 0.3 foot-candle. This lighting
standard is applicable to all publicly-accessibly parking lots, driveways, circulation areas,
aisles, passageways, recesses, and publicly accessible grounds contiguous to all buildings.
Private, interior courtyards not accessible to the public are not required to meet this
standard. The lighting system shall be so designed as to limit light spill beyond property
lines and to shield the light source from view from off site. The photometric plan shall be
approved by the City Engineer or their designee and shall be addressed on the construction
plans submitted for any demolition permit, building permit, or grading permit and shall be
satisfied prior to issuance of whichever permit is issued first. Any subsequent building
permits that include any site lighting shall also meet these requirements. (PUBLIC
WORKS)
60. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water Program’s
requirements, the applicant shall mark with the words “No Dumping! Flows to Bay,” or
equivalent, using methods approved by the City standards on all storm inlets surrounding
and within the project parcel. Furthermore, storm drains shall be designed to serve
exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not
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permitted in the City of Gilroy. (PUBLIC WORKS)
61. SITE LANDSCAPING COORDINATION: The site landscaping needs to be coordinated
between the stormwater treatment area and the overall site landscaping plan area. The
landscaping within the stormwater treatment area will not count towards the site
landscaping requirement. Stormwater treatment areas should be identified on the site first,
and then site landscaping to make sure the correct plant material is identified for each area.
Some site landscaping plant material may not be suitable in stormwater treatment areas due
to the nature of the facility. Sewer facilities cannot be aligned through stormwater
treatment facilities. It is the applicant’s responsibility to coordinate the civil stormwater
treatment facilities and the plans from the project landscaper. (PUBLIC WORKS)
62. ADDRESS PLAN: The applicant shall submit to the Public Works Department a final
address plan. The plan shall be substantially in conformance with the address plan
approved with the Arch & Site application. Said submittal shall be approved by the City
Engineer prior to the submittal of plans for any demolition permit, building permit, or site
development permit and shall be satisfied prior to issuance of whichever permit is issued
first. (PUBLIC WORKS)
63. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to
prove funding towards additional tree planting in the City. The fee is based on the amount
of added hardscape the project is adding. The estimated impact fee, based on the approved
plans, is $400.00 (Four-Hundred Dollars). This fee is only an estimate. The actual impact
fee will be calculated based on building permit plans submitted, and the fees approved by
the City Council in place at the time of the building permit submittal. The fee shall be
collected by the Public Works Department and paid prior to issuance of the first building
permit. (PUBLIC WORKS)
64. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to
the project's share of storm drainage flowing off-site and shall be used to enhance the City’s
storm drainage system based on the recommendations of the adopted Storm Drainage
Master Plan. The estimated impact fee, based on the approved plans, is $174.00 (One-
Hundred Seventy-Four). This fee is only an estimate. The actual impact fee will be
calculated based on building permit plans submitted, and the fees approved by the City
Council in place at the time of the building permit submittal. The fee shall be collected by
the Public Works Department and paid prior to issuance of the first building
permit. (PUBLIC WORKS)
65. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee
proportional to the project’s share of the increase amount of sewage generated by the
project, which shall be used to enhance the City’s sewer system based on the adopted
Sewer Master Plan. The estimated impact fee, based on the approved plans, is $27,868
(Twenty-Seven Thousand Eight-Hundred Sixty-Eight). This fee is only an estimate. The
actual impact fee will be calculated based on building permit plans submitted, and the fees
approved by the City Council in place at the time of the building permit submittal. The fee
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shall be collected by the Public Works Department and paid prior to issuance of the first
building permit. At first improvement plan submittal, applicant’s engineer shall submit a
calculation for sanitary sewer and water generation per the City’s Master Plan design
criteria. The fee shall be collected by the Public Works Department and paid prior to
issuance of the first building permit. (PUBLIC WORKS)
66. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to
the project's share of impact to the City’s water system, and the water needs of the
development. The fee shall be used to fund improvements identified in the City’s Water
Master Plan. The estimated impact fee, based on the approved plans, is $7,156 (Seven-
Thousand One-Hundred Fifty-Six). This fee is only an estimate. The actual impact fee will
be calculated based on building permit plans submitted, and the fees approved by the City
Council in place at the time of the building permit submittal. At first improvement plan
submittal, applicant’s engineer shall submit a calculation for water generation per the City’s
Master Plan design criteria. The fee shall be collected by the Public Works Department and
paid prior to issuance of the first building permit. (PUBLIC WORKS)
67. TRANSPORTATION IMPROVEMENT FEE: The applicant shall pay a fee
proportional to the project's share of transportation improvements needed to serve
cumulative development within the City of Gilroy. The funds shall be used to fund
improvements identified in the City Traffic Circulation Master Plan. The estimated impact
fee, based on the approved plans, is $40,964 (Forty Thousand Nine-Hundred Sixty-Four) .
This fee is only an estimate. The actual impact fee will be calculated based on building
permit plans submitted, and the fees approved by the City Council in place at the time of
the building permit submittal. The fee shall be collected by the Public Works Department
and paid prior to issuance of the first building permit. (PUBLIC WORKS)
68. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to the
project’s share of the increase to the use of City Public facilities. The estimated impact fee,
based on the approved plans, is $73,896 (Seventy-Three Thousand Eight-Hundred Ninety-
Six). This fee is only an estimate. The actual impact fee will be calculated based on
building permit plans submitted, and the fees approved by the City Council in place at the
time of the building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)
69. CONSTRUCTION NOTICING: At least one week prior to commencement of any on or
off-site work, the applicant shall post at the site, and to property owners 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. Noticing shall be in both English and Spanish. The notice shall be
submitted for review to the approval of the City Engineer two weeks prior to the issuance
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of the building permit. (PUBLIC WORKS)
70. DRAIN BOX LOCATIONS: The proposed drain boxes are shown to be located in within
the public utility easement (PUE). Public easements and right of ways to be kept clear of
private structures. Relocate the proposed drain boxes out of the PUE. (PUBLIC WORKS)
71. SAWCUT LINES: The Grading and Drainage plans do not show the proposed sawcut
lines for the proposed water services connections to the existing water main along the
project frontage. Show all sawcut lines for the required work in the paved areas of the
public right of way. (PUBLIC WORKS)
72. PAVEMENT IN RIGHT OF WAY: The landscaping and grading and drainage plans
show a 2-foot wide landscape strip behind the proposed sidewalk to the public right of way.
Extend the concrete pavement up to the existing right of way boundary. (PUBLIC WORKS)
The following conditions shall be met prior to the approval of the PARCEL MAP.
73. PARCEL MAP: It shall be the applicant's responsibility to have a parcel map, prepared by
a person authorized to practice land surveying in California, delineating all parcels created
or deleted and all changes in lot lines in conformance with the Gilroy Municipal Code. The
parcel map shall be approved by the Department of Public Works and recorded with the
County Recorder’s Office prior to the issuance of any City permits. A parcel map
guarantee shall be submitted to the City, by the applicant’s title company, prior to release of
the parcel map to the title company for recordation. Prior to the City’s release of the parcel
map to the title company, the applicant may, at the discretion of the City Engineer, be
required to submit to the City an electronic copy of the map in the AutoCAD Version being
used by the City at the time of recordation. It is the applicant's responsibility to check with
their title company and the County Recorder’s Office to determine the time necessary to
have the map recorded after City approval. (PUBLIC WORKS)
74. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall
prepare project Covenants, Conditions and Restrictions (CC&R) for the project. The
CC&Rs shall be submitted with the project map for review and approval of the City
Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall include relevant
project Conditions of Approval and shall include language that restricts the Homeowner’s
Association from making changes to the CC&Rs without first obtaining approval from the
City. The CC&Rs shall be reviewed and approved prior to permit issuance. (PUBLIC
WORKS)
75. RECORD DRAWINGS: The applicant shall submit one full set of original record
drawings and construction specifications for all off-site improvements to the Department of
Public Works. All underground facilities shall be shown on the record drawings as
constructed in the field. The applicant shall also provide the City with an electronic copy of
the record drawings in the AutoCAD Version being used by the City at the time of
completion of the work. The applicant shall also submit an AutoCAD drawing file of all
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consultants composite base map linework showing all public improvements and utility
layouts. This condition shall be met prior to the release of utilities, final inspection, or
issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)
76. PAVEMENT RESTORATION: Due to construction activities, new utility cuts along the
project frontage, and the anticipated project’s truck traffic the applicant shall grind and
overlay with 2-inches of asphalt concrete the roadways anticipated to be damaged as a
result of construction activities within the general area of the project or along the
designated haul route. If the street abutting the property has been classified as being in a
failed condition or a Pavement Condition Index (PCI) of 50 or below, the applicant will be
required to reconstruct the street. Limits of the roadway repair shall be from the west
property line to the east property line. The City Engineer shall approve the roadway repair
prior to the release of utilities, final inspection, or issuance of a certificate of occupancy,
whichever occurs first. (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a condition,
at that time.
77. PUBLIC WORKS CONSTRUCTION ACTIVITIES: 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 construction and phasing schedule, and a 24-hour
emergency telephone number list. The schedule shall be in Microsoft Project, or an
approved equal, and shall identify the scheduled critical path for the installation of
improvements to the approval of the City Engineer. The schedule shall be updated weekly.
The approved construction and phasing 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. (PUBLIC WORKS)
a. All work shown on the improvement plans shall be inspected to the approval of
the City Engineer as applicable. Uninspected work shall be removed as deemed
appropriate by the City Engineer.
b. Construction activities related to the issuance of any Public Works permit shall
be restricted to the weekday between 7:00 a.m. and 7:00 p.m., Saturday 9:00
a.m. to 7:00 p.m. for general construction activities. No work shall be done on
Sundays and on City Holidays unless otherwise approved by the City Engineer.
Please note that no work shall be allowed to take place within the City right-of-
way after 5:00 p.m. Monday through Friday. In addition, no work being done
under the issuance of a Public Works encroachment permit may be performed
on the weekend unless prior approvals have been granted by Public Works. The
City Engineer may apply additional construction period restrictions, as
necessary, to accommodate standard commute traffic along arterial roadways
and along school commute routes. Signs outlining the project construction
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times shall be posted at conspicuous locations on site where it is visible to the
public. The signs shall be per the City Standard Drawing for posting
construction hours. The sign shall be kept free of graffiti at all times. Contact
the Public Works Department to obtain sample City Standard sign outlining
hours of operation.
c. The allowed hours of Public Works construction activities may be waived or
modified through an exemption, for limited periods, if the City Engineer finds
that the following criteria are met:
i. Permitting extended hours of construction will decrease the total time
needed to complete the project thus mitigating the total amount of
noise associated with the project as a whole; or,
ii. Permitting extended hours of construction are required to
accommodate design or engineering requirements, such as a large
concrete pour. Such a need would be determined by the project's
design engineer and require approval of the City Engineer.
iii. An emergency situation exists where the construction work is
necessary to correct an unsafe or dangerous condition resulting in
obvious and eminent peril to public health and safety. If such a
condition exists, the City may waive any of the remaining
requirements outlined below.
iv. The exemption will not conflict with any other condition of approval
required by the City to mitigate significant impacts.
v. The contractor or owner of the property will notify residential and
commercial occupants of property adjacent to the construction site of
the hours of construction activity which may impact the area. This
notification must be provided three days prior to the start of the
extended construction activity.
vi. The approved hours of construction activity will be posted at the
construction site in a place and manner that can be easily viewed by
any interested member of the public.
vii. The City Engineer may revoke the exemption at any time if the
contractor or owner of the property fails to abide by the conditions of
exemption or if it is determined that the peace, comfort and tranquility
of the occupants of adjacent residential or commercial properties are
impaired because of the location and nature of the construction. The
waiver application must be submitted to the Public Works
Construction Inspector ten (10) working days prior to the requested
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date of waiver.
d. The following provision to control traffic congestion, noise, and dust shall be
followed during site excavation, grading and construction:
i. All construction vehicles should be properly maintained and equipped
with exhaust mufflers that meet State standards.
ii. 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.
iii. 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.
iv. Watering on public streets and wash down of dirt and debris into storm
drain systems will not be allowed. Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the Construction
Inspector, 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. Recycled water shall be used for
construction watering to manage dust control where possible, as
determined by the City Engineer. Recycled water shall be billed at the
municipal industrial rate based on the current Santa Clara Valley Water
District’s municipal industrial rate. Where recycled water is not
available potable water shall be used. All potable construction water
from fire hydrants shall be metered and billed at the current portable fire
hydrant meter rate.
v. 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 Construction Inspector.
vi. Construction grading activity shall be discontinued in wind conditions
that in the opinion of the Public Works Construction Inspector cause
excessive neighborhood dust problems.
vii. Site dirt shall not be tracked into the public right-of-way, and shall be
cleaned immediately if done, or the project may risk being shut down.
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Mud, silt, concrete and other construction debris shall not be washed into
the City’s storm drains.
viii. Construction activities shall be scheduled so that paving and foundation
placement begin immediately upon completion of grading operation.
ix. All aggregate materials transported to and from the site shall be covered
in accordance with Section 23114 of the California Vehicle Code during
transit to and from the site.
x. Prior to issuance of any permit, the applicant shall submit any applicable
pedestrian or traffic detour plans, to the satisfaction of the City Engineer,
for any lane or sidewalk closures. The traffic control plan shall be
prepared by a licensed professional engineer with experience in
preparing such plans. The Traffic Control Plan shall be prepared by a
licensed engineer in accordance with the requirements of the latest
edition of the California Manual on Uniform Traffic Control Devices
(MUTCD) and standard construction practices. The Traffic Control Plan
shall be approved prior to the commencement of any work within the
public right-of-way.
xi. During construction, the applicant shall make accessible any or all City
utilities as directed by the City Engineer.
xii. The minimum soils sampling and testing frequency shall conform to
Chapter 8 of the Caltrans Construction Manual. The applicant shall
require the soils engineer submit to daily testing and sampling reports to
the City Engineer.
78. HERITAGE TREE PROTECTION MEASURES: (use the following condition for
projects with Heritage Trees that require protection) The applicant shall submit a tree
protection plan showing how all on and off-site heritage trees will be protected during
construction. All approved and installed Heritage Tree protection measures shall be
installed prior to any site activities and maintained throughout the period of construction.
The Project Arborist shall complete inspections on an as-need basis during the construction
period and shall submit a monthly report of his/her findings in a letter sent by fax or email
to the City Planner assigned to this project. (PUBLIC WORKS)
79. HOLIDAY CONSTRUCTION MORATORIUM: Due to concerns for businesses within
the vicinity of the Gilroy Outlets and within the Downtown area during the holiday season
(November 20 to January 1), there shall be no construction activities within the right-of-
way which would create lane closures, eliminate parking, create pedestrian detours, or other
activities that may create a major disturbance as determined by the City Engineer. This
prohibition shall apply to Leavesley Road east of US101, and Camino Arroyo in the
vicinity of the Gilroy Outlets. For the Downtown, the prohibition shall be along Monterey
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Road between 4th Street and 8th Street, and for one block east and west of Monterey in the
specified restricted zone. (PUBLIC WORKS)
80. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal
to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by
FHWA Standards, the applicant shall submit a truck hauling route and receive a haul permit
that conforms to City of Gilroy Standards to the approval of the City Engineer. Note that
the City requires a Haul Permit be issued for any hauling activities. The project sponsor
shall require contractors to prohibit trucks from using “compression release engine brakes”
on residential streets. The proposed haul route for this project shall be established prior to
building permit issuance. A letter from the applicant confirming the intention to use this
hauling route shall be submitted to the Department of Public Works, and approved, prior to
the issuance of any City permits. All material hauling activities including but not limited
to, adherence to the approved route, hours of operation, staging of materials, dust control
and street maintenance shall be the responsibility of the applicant. All storage and office
trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and walks
will not be allowed. The applicant must provide an approved method of cleaning tires and
trimming loads on-site. Any job-related dirt and/or debris that impacts the public
right-of-way shall be removed immediately. No wash down of dirt into storm drains will
be allowed. All material hauling activities shall be done in accordance with applicable City
ordinances and conditions of approval. Mud, silt, concrete and other construction debris
shall not be washed into the City’s storm drains. Violation of such may be cause for
suspension of work. (PUBLIC WORKS)
81. CONSTRUCTION WORKER PARKING: The applicant shall provide a construction-
parking plan that minimizes the effect of construction worker parking in the neighborhood
and shall include an estimate of the number of workers that will be present on the site
during the various phases of construction and indicate where sufficient off-street parking
will be utilized and identify any locations for off-site material deliveries. Said plan shall be
approved by the City Engineer prior to issuance of City permits and shall be complied with
at all times during construction. Failure to enforce the parking plan may result in
suspension of the City permits. 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 City
Engineer (§15.40.070). (PUBLIC WORKS)
82. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code,
Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City Engineer
may approve the discharge of uncontaminated pumped ground waters to the sanitary sewer
only when such source is deemed unacceptable by State and Federal authorities for
discharge to surface waters of the United States, whether pretreated or untreated, and for
which no reasonable alternative method of disposal is available. Following the verification
of the applicable local, state and/or federal approvals, a Discharge Plan will be approved
and monitored by the City Engineer. (PUBLIC WORKS)
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83. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition of
Illegal Discharges, the applicant shall follow the specific best management practices for the
installation of the Architectural Copper. For detailed information please distribute the flyer
to all construction personnel involved in the fabrication and installation of the Architectural
Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf
(PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES that the use permitted by this
entitlement occupies the premises
84. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In
accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm Water
Pollution Prevention all projects that meet the criteria described in the Storm Water
Guidance Manual for Low Impact Development and Post-Construction Requirements shall
prepare a storm water control plan (SWCP) and shall meet the requirements of the design
standards and selection of best management practices and shall be selected and designed to
the satisfaction of the City Engineer or designee. Requirements shall include:
a. Owner/occupant shall inspect private storm drain facilities at least two (2) times per
year and sweep parking lots immediately prior to and once during the storm season.
b. The applicant shall be charged the cost of abatement for issues associated with, but
not limited to, inspection of the private storm drain facilities, emergency
maintenance needed to protect public health or watercourses, and facility
replacement or repair in the event that the treatment facility is no longer able to
meet performance standards or has deteriorated. Any abatement activity performed
on the applicant’s property by City staff will be charged to the applicant at the
City’s adopted hourly rate.
c. Label new and redeveloped storm drain inlets with the phrase “No Dumping: Drains
to Bay” plaques to alert the public to the destination of storm water and to prevent
direct discharge of pollutants into the storm drain. Template ordering information is
available at www.flowstobay.org.
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides, and
similar chemical products, as well as petroleum-based wastes, tallow, and grease
planned for storage outdoors shall be stored in covered containers at all times.
e. All public outdoor spaces and trails shall include installation and upkeep of dog
waste stations.
Garbage and recycling receptacles and bins shall be designed and maintained with
permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be
connected to the sanitary sewer system. (PUBLIC WORKS)
Building Division - Standard Conditions of Approval
1. All conditions of approval shall be included on the first sheet after the cover sheet of the
construction drawing submitted for a building permit.
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2. A pre-construction meeting shall be held at a time and location agreed upon by the City and
applicant for the purpose of reviewing conditions of approval, pre-occupancy requirements
/ temporary certificate of occupancy and construction-site procedures. This meeting shall
be held prior to the issuance of any permit issued by the building department. The applicant
shall be represented by his design and construction staff, which includes any sub-
contractors. Departments having conditions of approval for the project will represent the
City.
3. Temporary fencing along the perimeter of a building site, during construction is required to
ensure security, public safety, and/or noise/dust mitigation. “Temporary” shall mean the
placement of fencing in a manner that is not permanently attached to the ground or attached
to any other structure or material that is itself permanently attached to the ground.
Temporary construction fences consisting of chain-link or plywood, no more that 6-feet in
height above the ground and shall not require any permits or special authorization.
Unless letters of permission from adjacent property owners or a City encroachment permit
have been obtained, temporary construction fencing shall be placed only on the property
that contains the subject construction project. All temporary construction fencing shall be
thoroughly removed from the project site upon completion of construction.
4. Prior to construction, A 24-inch by 36-inch weatherproof copy of the approved Construction
Management Plan shall be posted on the site as part of a job site sign and located so as to
be clearly readable from the public right-of-way. In addition to the approved construction
management plan, the sign shall include the following information:
a) Address of the project site.
b) Permitted hours of construction and of deliveries/off-haul.
c) Name, e-mail address and direct phone number of the General Contractor.
d) Name, e-mail address and direct phone number of the person responsible for
managing the project.
e) Name and direct phone number of the party to call in case of an emergency.
f) City of Gilroy Code Enforcement Officer (408-846-0264).
7. Construction activities shall be limited between the hours of seven am and seven pm
Monday through Friday and nine am to seven pm on Saturday. These hours do not apply to
construction work that takes place inside a completely enclosed building and does not
exceed the exterior ambient noise level as measured 10 feet from the exterior property lines.
Construction Activities shall not occur on Sundays or city holidays which include New
Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas.
8. At the time of building permit submittal, the project developer shall submit a final grading
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and drainage plan prepared by a licensed civil engineer depicting all final grades (with
accurate elevations above sea level indicated) and on-site drainage control measures to
prevent storm water runoff onto adjoining properties.
9. The applicant and/or developer shall submit a pad elevation certification prepared by a
licensed land surveyor or registered civil engineer to the Building Official certifying that
the pad elevation(s) and building location (setbacks) are pursuant to the approved plans,
prior to receiving a foundation inspection for the structure.
10. The building(s) covered by this approval shall be designed and constructed to current
adopted Title 24 Building Standards, including Building, Electrical, Mechanical, Plumbing,
Energy, Fire, Green Building and both State and Federal accessibility requirements in effect
and as amended by the City of Gilroy at the time of building permit submittal.
11. The project developer shall include erosion control/stormwater quality measures on the
project grading plan which shall specifically address measures to prevent soil, dirt, and
debris from entering the public storm drain system. The project developer is responsible for
ensuring that the contractor is aware of and implements such measures.
a) Install filter materials (such as sandbags, filter fabric, etc.) at the storm drain inlet
nearest the downstream side of the project site in order to retain any debris or dirt
flowing in the storm drain system. Maintain and/or replace filter materials to ensure
effectiveness and to prevent street flooding.
b) Never clean machinery, equipment, tools, brushes, or rinse containers into a street,
gutter, or storm drain.
c) Ensure that concrete/gunite supply trucks or concrete/plaster operations do not
discharge wash water into a street, gutter, or storm drain.
d) Concrete wash area: 1) locate wash out area away from storm drains and open
ditches; 2) construct a temporary pit large enough to store the liquid and solid waste;
3) clean the pit by allowing concrete to set; 4) break up the concrete; and then 5)
recycle or dispose of properly.
12. Portable toilets used during construction shall be emptied on a regular basis as necessary to
prevent odor.
13. The applicant shall provide a stamped, signed, and dated soil investigation report containing
design recommendations to the Building Official. The classification shall be based on
observation and any necessary tests of materials disclosed by boring or excavations made
in appropriate locations. Additionally, the applicant shall submit a stamped, signed, and
dated letter from the Geotechnical Engineer or Civil Engineer who prepared the soil
investigation stating the following:
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a) The plans and specifications substantially conform to the recommendations in the
soil investigation.
b) The Geotechnical Engineer or Civil Engineer who prepared the soil investigation
shall provide soil site observation and provide periodic and final reports to the City
of Gilroy.
c) Prior to final inspection for any building or structure, the Geotechnical Engineer or
Civil Engineer who prepared the soil investigation shall issue a final report stating
the completed pad, foundation, finish grading and associated site work substantially
conforms to the approved plans, specifications and investigations.
14. Demolition permit(s) shall be issued in accordance with Section 6.1 of the Gilroy Municipal
Code. Safeguards during construction shall be provided in accordance with Chapter 33 of
the California Building Code.
15. Acceptance of the plans does not release the developer from correction of mistakes, errors,
or omissions contained therein. If, during the course of construction, the public interest
requires a modification or a departure from these accepted plans, the City shall have the
authority to require such modifications to be made.
16. All construction materials, debris and equipment shall be stored on site. If that is not
physically possible, an encroachment permit shall be obtained from the Department of
Public Works prior to placing any construction materials, debris, debris boxes or unlicensed
equipment in the right-of-way. Portable restroom facilities shall not be permitted in the City
right-of-way.
All portions of the job site shall be maintained in an organized and professional condition.
All sidewalks, driveways and public/private roadways fronting the subject site shall be
broom cleaned at the end of each business day.
Fire Prevention - Standard Conditions of Approval
1. All residential structures shall be provided with residential fire sprinklers (13d) including
garages. City standards include:
a) A 1 inch meter and 1.5 inch laterals shall be provided to the two story townhomes.
b) System to comply with NFPA 13D (2016) subject to inspection by the City.
c) Riser shall be installed in the garage or approved exterior cabinet.
d) If the water supply to the home is not at the garage, water supply from point of entry to the
riser shall be approved fire sprinkler line.
e) All enclosed garages shall be provided with sprinkler protection.
f) At least 1 sprinkler of each type shall be present in the spare head box at final.
g) An exterior bell/horn shall be installed on the bedroom side of the home. The water-flow
switch shall be wired to smoke alarms for interior notification.
h) Each attic access shall be protected by a pilot head. The pilot head piping (CPVC) shall
be provided with adequate insulation or be done with a copper riser.
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i) Sprinkler coverage shall be provided underneath stairwells when used as storage, closets
or bathrooms (even if less than 55 sq ft). Concealed spaces used for storage in attics or
crawl spaces that exceed 55 sq ft in area and 6 ft in height, shall be provided with sprinkler
coverage.
j) A fire flow test shall be obtained from the Deputy Fire Marshal and included in the
sprinkler system design calculations.
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CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2022-56 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 Monday, August 1, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this Monday, August 1, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)
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