Resolution No. 2022-88 | Architectural and Site Permit AS 21-17; Royal Way Townhomes Project | Adopted 11/21/2022
RESOLUTION NO. 2022-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN ARCHITECTURAL AND SITE
REVIEW PERMIT TO APPROVE A 45 UNIT TOWNHOME
PLANNED DEVELOPMENT ON 3.37 ACRES AT ROYAL
WAY, APN 799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110,
GILROY, CA 95020 (FILE NUMBER AS 21-17)
WHEREAS, on October 4, 2021, Michael Cady, Third Millennium Partners and property
owner Paul Sanders, TMP Royal Way, LLC filed applications requesting architectural and site
review, tentative map, and planned unit development rezoning to permit a 45 unit townhome project
on the subject 3.37 acre vacant in-fill site located on Royal Way and the Uvas Creek Trail; and
WHEREAS, on July 29, 2022, the application submittal was accepted as complete; and
WHEREAS, pursuant to Gilroy City Code Section 30.50.40 and Section 30.50.50, the
Planning Commission must recommend and City Council must approve a planned development
permit prior to development under the PUD overlay, and approve the site and building design for
medium-density housing; and
WHEREAS, the Planning Commission of the City of Gilroy has reviewed the PUD overlay
zoning amendment Z 21-05 by separate resolution, to assure that quality design elements and public
amenities are included as required for development within the PUD overlay; and
WHEREAS, the City Council has concurrently reviewed the vesting tentative map
application TM 21-04, as necessary to subdivide the property into individual townhome lots for
sale consistent with the PUD rezoning and development plan approvals; and
WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a
duly noticed public hearing on the project, independently considered the environmental
determination and the zoning and land use entitlements in accordance with the Gilroy Zoning
Ordinance, considered the staff report, and all evidence received including written and oral public
testimony and recommended approval of the project to the City Council, with certain recommended
changes as discussed in the staff report to the City Council; and
WHEREAS, the City Council held a duly noticed public meeting on November 21, 2022,
received and considered the staff report as well as all evidence received including written and oral
public testimony related to the project AS 21-17; and
WHEREAS, the City Council of the City of Gilroy has determined that the project qualifies
for an infill exemption under the California Environmental Quality Act, pursuant to section 15332
of the CEQA Guidelines, and no further environmental analysis is required; 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 City Clerk’s
Office.
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 2 of 41
NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 30.50.50 the City
Council of the City of Gilroy hereby finds as follows:
1. The PUD development plan conforms to the Gilroy general plan in terms of general
location and standards of development in that it proposes attached housing at 13.35 units
per net acre which complies with the medium density residential range of 8 to 20 units
per net acre, and the housing will integrate with the existing neighborhood which is
primarily comprised of two story multi-family and single-family homes.
2. The PUD development plan provides the type of development which will fill a specific
need of the surrounding area, in that it promotes additional home ownership
opportunities within the City as an option to the more predominant single family housing
supply.
3. The project would not require urban services beyond those which are currently available
at Royal Way to serve the infill development site.
4. The project would provide a harmonious, integrated plan for an attached housing
product that will integrate with the neighborhood, implement the desired density, and
provide desired amenities, which justifies the few minor exceptions requested for
exterior boundary side yard and front yard setbacks to the normal requirements of the
R3 zoning district.
5. The project reflects an economical and efficient pattern of site development by
providing a mix of two and three bedroom units approximately 1,200 to 1,300 square
feet in size that comply with density, open space, landscaping, parking and height
standards and integrate with the neighborhood development pattern.
6. The project would include greater provisions for landscaping and open space than would
generally be required in that the project includes private yard areas for each home
exceeding the 150 square foot minimum, minimum patio, porch and balcony areas that
exceed the 48 square foot area, active and passive recreation areas that significantly
exceed the 1,200 sf combined total required, and landscaping and maintenance of
property on the Gilroy High School would be included to ensure the area would be
visible and attractive.
7. The project would utilize creative, aesthetic design principles to create attractive
buildings, open space and site design to blend with the character of surrounding areas
in that the project includes stepbacks and setbacks from adjacent residences with
perimeter walkways to provide for increased privacy and open space between the
adjoining units, and attractive buildings that would face the Uvas Creek Trail and Royal
Way frontage so that the buildings do not back onto public space.
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 3 of 41
8. The project would not create traffic congestion, noise, odor, or other adverse effects on
surrounding areas, as the project consists of a small infill development in an existing
residential neighborhood that would not generate a significant or unusual number of
vehicle trips.
9. The project would provide adequate access, parking, landscaping, trash areas and
storage, as necessary as these features have been planned for an integrated into the plan
in compliance with standards.
10. The project proposes art as an additional public amenity consistent with the intent of the
PUD overlay district as well as the City of Gilroy Multifamily Objective Design
Standards.
NOW, THEREFORE, BE IT FURTHER RESOLVED that pursuant to Section 30.50.40
the City Council of the City of Gilroy hereby finds as follows:
1. The medium density development is in accordance with the general plan land use
designation and applicable policies as discussed in the PUD plan finding 1 above.
2. The land use is in harmony with the surrounding environment as the size, placement,
orientation and design of homes would compatible with the type and scale of
existing development in the neighborhood which includes two story single and
multifamily development, units face onto public areas and open spaces, the buildings
and landscaping details provide detailed architecture and dense landscaping with
trees, and the project will promote private home ownership in the area.
3. The project has been reviewed to ensure traffic, signs, site development,
landscaping, drainage, fire protection and environmental impacts were adequately
evaluated by all departments and the project meets or exceeds the standards as
discussed in the detailed project staff report.
4. Conditions have been included as part of the approval to ensure construction of the
project including landscaping, trash areas, lighting, screening design quality will be
maintained and remain covered by these findings.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Gilroy hereby approves application AS 21-17, subject to the conditions included as
Attachment A.
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 4 of 41
PASSED AND ADOPTED this 21st day of November 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, LEROE-
MUÑOZ, MARQUES, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILTON
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (Nov 22, 2022 11:21 PST)
Marie Blankley
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 5 of 41
ATTACHMENT A
CONDITIONS OF APPROVAL
AS 21-17
PLANNING DIVISION
The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for AS 21-17 is granted to construct 45 two story
townhomes in 11 buildings with associated parking, landscaping, amenities and site
improvements located on the 3.37 acres of land at Assessor Parcel No. 799-44-93, 94, 95,
96, 97, 98, 101, 109 & 110,as shown on Project Plans dated 4/26/22 3rd planning submittal
for Royal Way Townhomes prepared by Hochhauser Blatter Architecture and Planning,
BFS Landscape Architects and Civil Design Studio, and consisting of 49 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 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 shall be concurrent with
the Vesting Tentative Map TM 21-04. If building permits have not been obtained within 12
months after the Final Map is recorded, the approval shall be deemed automatically
revoked. 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 entitlement represents the approved development
plan for Z 21-05, R3-PUD rezoning. Subdivision of the site into individual townhomes may
be permitted consistent with approval TM 21-04.
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 from any
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 6 of 41
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. 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.
7. SINGLE-PHASE DEVELOPMENT: Construction of the project shall be done in a
single-phase unless a phased construction project schedule is approved by the Community
Development Director or designee.
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. OTHER REVIEW AGENCIES: This project requires review and approval by outside
agencies including, but not limited to [REVIEWING AGENCIES]. Proof of approval from
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 7 of 41
these agencies may be required prior to building permit issuance, inspections, or prior to
Certificate of Occupancy.
13. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall obtain a Habitat Permit HP 21-13 and pay all applicable mitigation fees.
(See 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.
14. WINDOWS: The manufacturer type, design, material, and installation details for all
windows within the project shall be specified in the construction drawings for review and
approval by the Community Development Director or designee.
15. GARAGE DOORS: Developer shall provide automatic garage door openers for all
garages. All garage entries closer than 23 feet to the front property line shall be equipped
with a sectional roll-up garage door.
16. FENCES AND WALLS: All fencing and walls are to be shown on construction drawings
submitted for building permit, consistent with the details shown on sheet A 4.5.
17. BICYCLE RACKS OR STORAGE: Developer shall provide “inverted U,” or equivalent
short term bicycle racks as shown on detail 2 sheet A 4.5. Racks on bicycle pads shall be
located along public walkways near each building as shown on sheet A1.1.
18. REFUSE STORAGE: Developer shall provide a level pad adjacent to the street for each
unit to place receptacles for trash service pickup service, and storage space shall be
maintained in the garage for placement of the bins during the rest of the week (as shown on
approved plans).
19. SCREENING OF APPERTUNANCES: Developer shall show on construction drawings
details of screening for all exterior equipment, including but not limited to mechanical
equipment, post indicator valves, backflow prevention devices, utility meters, mailboxes
and address directories, etc. Ground mounted utility appurtenances such as transformers
shall not be visible from any public right-of-way and shall be adequately screened through
the use or combination of concrete or masonry walls, berms, and landscaping.
In addition to the above, backflow preventers shall be painted dark green, except the fire
connection which shall be painted yellow. The final placement and design of these items
shall be to the satisfaction of the Community Development Director or designee.
20. ROOFTOP EQUIPMENT: Developer shall ensure rooftop mechanical equipment,
including but not limited to heating and cooling systems, plumbing vents, ducts, antennas
and other appurtenances protruding from the roof are recessed or otherwise screened.
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 8 of 41
Details of the roof equipment and roof screens shall be included in the building permit
drawings and approved by the Community Development Director or designee.
21. 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.
22. ADDRESS DIRECTORIES: Address directories shall be placed in decorative cabinets
and clustered for efficient access by residents and service persons, etc.
23. PLAY STRUCTURE: Provisions for a children’s play yard, including appropriate
equipment, shall be included on the landscape plans to be approved by the Community
Development Director or designee, and installed prior to any occupancy. The provisions of
such facilities and their location must be included in sales information to prospective
buyers.
24. LIGHTING PLAN: Developer shall submit a lighting plan with the application for
building permit. This plan should include photometric contours, manufacturer’s
specifications on the fixtures, and mounting heights. Parking lot and exterior light fixtures
shall be full cutoff type so that lighting is directed downward only, minimizing glare and
light pollution, and shall not cast light on any adjacent property or roadway. Developer
shall recess or conceal any under-canopy lighting elements so they are not directly visible
from any public area. The lighting plan must be approved by the Community Development
Director or designee.
25. LANDSCAPE AND LIGHTING PLAN: A combined landscape and lighting plan shall
be included to verify all project onsite lighting shall be of a type and in a location that does
not constitute a hazard to vehicular traffic, either on private property or on public property,
including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree
locations, parking spaces, or any other such land use concerns.
26. LANDSCAPING: Prior to building permit issuance, proposed landscaping shall be shown
on the site plan and submitted with the construction drawings for review and approval by
the Community Development Director or designee, which substantially comply with
approved plans except as conditioned herein.
27. 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).
28. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant species,
such as those listed by the California Invasive Plant Council.
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
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29. 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.
30. 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).
31. TREE SPECIES: Olive tree species shall be replaced with a less invasive tree, to avoid
seedlings entering the creek channel.
32. TREE LOCATIONS: Trees shall be removed from the Valley Water pipeline easement.
This potentially impacts three trees located behind Building D and the recreation lot.
33. PLANNED UNIT DEVELOPMENT AMENITIES: In compliance with the Planned
Unit Development Combining District (City Code 30.26), the Developer is required to
provide a higher standard of amenities than a standard development. The Developer has
proposed to landscape unused property on the adjacent high school site, provide increased
active and passive recreation and open space areas in the complex, and a location for public
art near the community gazebo. Final details of the amenities must be reviewed and
approved during building permit review and completed prior to occupancy of the first unit.
34. PUBLIC ART: Prior to issuance of building permits, submit a process, timetable, and
evidence of commitment acceptable to the City to ensure installation of a suitable,
significant piece of public-oriented sculpture or similar public art installation prior to
occupancy. This shall include involving the Community Development Director or designee
in reviewing preliminary concepts, artist, and type of work. All public art must be reviewed
and approved by the City of Gilroy Arts and Culture Commission.
35. PLAN REVISIONS: The project plans shall incorporate the following revisions:
1. Garage Doors: Add a top panel that includes windows.
2. Garage Doors: Lighten the paint color on the garage doors.
3. Neighbors:
a. Privacy – install a solid 8-foot tall redwood good-neighbor fence along the
shared property line of the lots on Antonio Ct.. The fence shall be
constructed with a minimum of 6-inch by 6-inch posts and pressure-treated
kickboard to close the bottom of the fence.
b. Privacy – in the front yards of Bldg. E that will face neighboring backyards
install 24” box trees in this area.
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
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c. Dust - increase daily watering from “two” to “three” times-a-day during
grading (as specified in revised standard COA 42a below).
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.
36. 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.
37. 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.
38. 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.
39. 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.
40. 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.
41. 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
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 11 of 41
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.”
42. 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 three 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;
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
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 12 of 41
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.”
43. 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.
44. 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.
45. 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
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 13 of 41
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.”
46. 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.
47. ADDITIONS, ACCESSORY BUILDINGS, AND PATIO COVERS: Building additions
and patio covers shall conform to the zoning district or PUD approval, as applicable.
48. GARAGE USE: Garage spaces shall be maintained for resident parking. Storage is
permitted in designated areas on the plan, and shall not prevent use of garage for required
vehicle parking.
49. 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
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 14 of 41
of plant species may require a modification to this approval, to be determined by the
Community Development Director or designee.
PUBLIC WORKS DEPARTMENT
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.
50. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the
time of first improvement plan submittal, the applicant shall submit a $20,000.00 (Twenty
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).
51. PLAN SUBMITTAL: The Site Improvements engineering project plans shall be submitted
to Public Works, Land Development Section, in full, per the Public Works Engineering
Submittal Checklist available on the City’s website under Land Development or by
contacting the Public Works Engineering Project Manager assigned to this project.
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 civil
project plans including, but not limited to, site plans, grading plans, utility plans, joint
trench, off-site plans, lighting (photometric) plans, and landscaping plans. The plans shall
clearly identify both public and private utilities. The improvement plans shall be submitted
per the Public Works Engineering Submittal Checklist provided by the City, and available
on the City website.
In addition:
a. Plans and all required documents (per the Public Works Land Development
Submittal Checklist) shall be made by appointment only by contacting the Public
Works Project Manager assigned to this project. A complete set of improvement
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 15 of 41
plans shall consist of Civil site design, landscape site design, Electrical, Joint
Trench. Any walls or structural features part of the landscape design shall also be
included;
b. Improvement plans are required for both on-site and off-site improvements. A
separate plan set for each shall be prepared, or at the approval of the City Engineer,
onsite and offsite sheets can be combined into one plan set;
c. The improvement plan submittal, including utility sheets, shall show appropriate
line types and labels to identify different type of utilities and pipe sizes. Utility
boxes, hydrants, backflow preventers, etc. shall be relocated/installed behind the
back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved Conditions
of Approval;
e. Improvement plans shall include General Notes found in the City of Gilroy General
Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering submittal
checklist, which can be found in the City’s website. At first submittal, a completed
checklist shall be included in the submittal package and shall show which items
have been included.
g. The improvement plan cover sheet shall include a table summarizing all facilities
(Streets, Utilities, Parks, Landscaping, etc.), showing the ownership of all facilities,
access rights to, and the maintenance responsibilities of all facilities;
h. Improvement and grading plans shall show existing topo and features at least 50’
beyond the project boundary. The plan shall clearly show existing topo, label
contour elevations, drainage patterns, flow lines, slopes, and all other property
encumbrances;
i. 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 Haul Permit is required. A
statement indicating the need to obtain a Haul Permit must be added as a general
note to the Grading and Drainage Plan;
j. All grading and improvement plans shall identify the vertical elevation datum, date
of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An
existing site plan shall be submitted showing all existing site conditions and title
report easements. The plan shall include bearing and distance information for all
right-of-way and easements;
l. The plan shall show any proposed easements to be dedicated for any needed
purpose, or any easement expected to be abandoned through separate instrument.
This includes PUE, PSE, EVAE, Cross-Property Access Easement, Landscape
Easement, Drainage Easement, Pole Line Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts between disciplines,
the applicant shall provide a “composite exhibit” showing Civil, Landscape,
Electrical, and Joint Trench design information (as a separate sheet titled
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 16 of 41
“Composite Plan”) to confirm that there are no conflicts. This sheet recommended
to be provided by the Civil Engineer.
n. All Solid Waste Vehicle circulation movements shall be modeled and shown on a
separate plan sheet. The circulation plan shall be prepared to the City Engineer’s
satisfaction, and modeled using AutoTurn swept analysis software, and shall include
all turning and street circulation movements;
o. All Emergency Vehicle circulation movements shall be modeled and shown on a
separate plan sheet. The circulation plan shall be prepared to the City Engineer’s
satisfaction, and modeled using AutoTurn swept analysis software, and shall include
all turning and street circulation movements;
p. All utility boxes exposed to or near to (and necessarily exposed to) traffic or in a
driveway, including sanitary sewer and/or water meter boxes, shall have traffic-
rated boxes and lids;
q. All on-site recycled water system improvements, including appurtenances, shall be
located within a PSE. (PUBLIC WORKS)
52. UTILITY PLANS: A utility plan shall be provided and included as part of the site
improvements package 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)
53. 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
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 17 of 41
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)
54. 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)
55. 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)
56. WATER 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 to Public Works, Land Development Section. The manual can be found at the
following site: www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)
57. DEVELOPER STORM WATER 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)
58. 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)
59. 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)
60. 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. This project shall apply for a recycled
water use permit, by sending a request to Saeid Vaziry, Senior Civil Engineer,
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 18 of 41
Saied.Vaziry@cityofgilroy.org, 408-846-0492. Project information to be provided includes,
but not limited to: Site plan, proposed connection point in the rec water system, volume of
water need, duration (what months), time of days. (PUBLIC WORKS)
61. 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 De sign 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)
62. 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)
63. 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)
64. STORMWATER CONTROL PLAN: At first improvement plan submittal, the applicant
shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to
include background, summary, and explanation of all aspects of stormwater management.
The 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. The plan shall provide a separate
hatch or shading for landscaping/pervious areas on-site including those areas that are not
bio-retention areas. This stormwater control plan report format does not replace or is not in-
lieu of any stormwater control plan sheet in the improvement plans. The stormwater
control plan shall include a signed Performance Requirement Certifications specified in the
Stormwater Guidance Manual. At applicant’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 submittal and approved by the City
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 19 of 41
Engineer prior to the issuance of the first building permit. (PUBLIC WORKS)
65. 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)
66. 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)
67. 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
All new driveways servicing multiple units shall be design as to not affect or impact any
street or public right of way. This includes, but not limited to the use, operation, queuing,
maneuver, or delay of passenger vehicles, emergency vehicles, pedestrian use.
68. GRADING & DRAINAGE: All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. There shall be no earthwork
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)
69. GEOTECHNICAL ENGINEER: Prior to improvement plan approval, the applicant’s
Geotechnical Engineer shall review the final grading, pavement design and drainage plans
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
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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)
70. TREE REMOVAL PERMIT: The applicant shall obtain a Tree Removal Permit from the
Engineering Division for removal of existing trees in the public right-of-way, prior to the
issuance of a building permit or demolition building permit, whichever is issued first.
(PUBLIC WORKS)
71. 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),
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
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 21 of 41
topographic surveys or by potholing if survey data is not able to provide accurate data on
critical conforms or points of connection. 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 remove and replace all sidewalk surrounding the
project site to City standards. Sidewalk replacement shall be constructed per the
City Standard Drawings.
c. CURB AND GUTTER: The applicant shall replace any damaged and non-City
Standard 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.
f. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out at the
property line in accordance with the City Standard Drawing SWR-6.
g. SEWER MAIN: New sewer line shall be PVC, SDR 26 or equal. Applicant is
required to submit plans and drawings for approval prior to submitting the first
building permit. Construction of the new mainline shall be completed prior to
issuance of the certificate of occupancy.
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 22 of 41
h. SANITARY SEWER MANHOLES: 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, in accordance with the City Standard Drawings.
j. STREET TREES: The applicant shall install street trees along the project frontage
in accordance with the City Standards.
k. STREET LIGHT(S):
i. The applicant shall provide and install standard aluminum electrolier street
light(s) per City Standard Drawing EL-1 to EL-5. The applicant is
responsible for all PG&E service fees and hook-up charges. Any new service
point connection required to power the new lights shall be shown on the
construction drawings along with the conduit, pull boxes and other items
necessary to install the street lights. An Isometric lighting level needs to be
provided by the designer/contractor. A separate light study may be required
by the City Engineer. The new street light shall have 32’ mounting height per
Standard Drawing EL-3, with mounting arm length per Standard Drawing
EL-4, the Fixture shall be Leotek GC1 or GC2 series in an approved
configuration per detail EL-2 or approved equal. The arm shall be installed at
the location as shown on the approved plans.
l. FIRE HYDRANTS: The applicant shall install new fire hydrants along the project
frontage. Spacing shall meet City and Fire Marshall requirements.
72. 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)
73. STREET LIGHTING STANDARDS: The applicant shall submit photometric plans for
parking lots, driveways, circulation areas, aisles, passageways, recesses, and publicly-
accessible grounds contiguous to all buildings showing lighting levels to Illuminating
Engineering Society (IES) Standards. The lighting system shall be 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
comply with lighting requirements as follows:
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
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a. Arterial Streets: 1.0 fc average. 3/1 average to minimum uniformity. 0.34 fc
minimum
b. Collector/Local Streets: 0.6 fc average. 4/1 average to minimum uniformity. 0.2 fc
minimum
c. Local Streets: 0.4 fc average. 6/1 average to minimum uniformity. 0.07fc
minimum.
d. High Volume Intersections: 1.1fc average. 3/1 average to minimum uniformity. 0.4
fc minimum.
e. Low Volume Intersections: 0.7 fc average. 4/1 average to minimum uniformity. 0.2
fc minimum.
The applicant shall submit a photometric plan identifying how these lighting levels are
being met given the site geometrics, using the City Standard street lights, and a Type III
lighting distribution. The width of the street shall, and lighting levels shall determine the
lighting spacing. Street lights and pull boxes shall be installed in the planter strip if one is
present, or behind the back of walk where feasible so as to maintain sidewalk clear of
obstructions to the approval of the City Engineer. The photometric plan shall be approved
prior to the issuance of the building permit. (PUBLIC WORKS)
74. FENCES AND OTHER PERMANENT STRUCTURES WITHIN CITY RIGHT-OF-
WAY: The applicant shall locate all project fencing and foundation of a permanent nature
within the project’s property and out of the City right-of-way whenever possible. If located
within the City right-of-way, the applicant shall have a license agreement recorded against
the owner’s property that indemnifies and holds harmless the City. The license agreement
shall also include language in which the applicant agrees to allow access to any utility
company wishing to have access to the public right-of-way for existing or new utility
installation. The license agreement shall also include language that requires the removal of
the fence and foundation, at the owner’s expense, should the City desire to use the right-of-
way for street, sidewalk or other purposes identified by the City Engineer. The license
agreement shall be approved as to form by the City Attorney’s Office and shall be recorded
against the owner’s property prior to the issuance of any City encroachment permit.
(PUBLIC WORKS)
75. FLOOR DRAINS: All floor drains shall be plumbed to connect to the sanitary sewer
system and shall not be connected to stormwater collection system. The plumbing
connections shall be shown on the plans to the approval of the City Engineer. (PUBLIC
WORKS)
76. 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
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
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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
permitted in the City of Gilroy. (PUBLIC WORKS)
77. GARBAGE/RECYCLE STORAGE AND SERVICE: The applicant shall provide an
adequate area for the purposes of storing garbage and recycling collection containers for
scheduled servicing by the franchise solid waste collection service. If required, the
containers may be placed on the street within the loading zone for a maximum of two
hours; one hour prior to the scheduled servicing time and must be removed from the street
within one hour after the service. The containers shall be placed at the service location
allowing enough room for the truck to safely approach the containers. The collection
containers shall be brought to the service area on the day of service and returned to the
storage enclosure by the property owner. The containers are not to be in public view or in
the public right-of-way prior to, or beyond the scheduled service times. A letter shall be
provided, to the approval of the City Engineer, from the City’s franchise solid waste
collection service provider (Recology) confirming serviceability and site accessibility of the
solid waste pickup as designed and shown on the project plans. Contact Recology at 408-
842-3358. (PUBLIC WORKS)
78. DRAINAGE: Drainage improvements made on-site shall conform to standard engineering
practices and shall not allow any site drainage to impact adjacent properties. All drainage
capacity calculations shall be performed by a licensed Civil Engineer, whose signed
engineer’s stamp shall appear on the calculations sheets and shall be submitted to the City
for review and approval with the project civil plans.
If the project is proposing to connect to an existing storm drain system within or
downstream from the site, the design engineer shall provide calculations with the final
design plans to demonstrate that the downstream drainage system has adequate capacity to
accommodate the additional site flows being added to the system for the design storm per
City Standards. The calculations shall be to the approval of the City Engineer prior to the
issuance of the first building permit. (PUBLIC WORKS)
79. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall
submit results from a third-party review of the project’s stormwater design. The results
shall confirm that the project is complying with requirements set in the City of Gilroy
Stormwater Management Guidance Manual for Low Impact Development and Post-
Construction Requirements. (PUBLIC WORKS)
80. 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,
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
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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)
81. ADDRESS PLAN: The applicant shall submit to the Public Works Department a proposed
street naming street address plan. Applicant shall contract the planning department to obtain
a list of potential street names. The applicant shall make suggested street names, which will
be forwarded and confirmed or changed by the City’s street naming committee. 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 and City Street Naming
Committee 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)
82. PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all
applicable permits from federal, state, and local agencies as required to construct the
proposed improvements. If project is within jurisdiction of any of these agencies,
verification of permit or waiver of permit must be given to the Public Works Department
prior to issuance of any required City permits. If the City is required to be a party to the
permit application and a fee is required, the applicant shall reimburse the City for its cost.
A copy of these permits shall be provided to the satisfaction of the City Engineer prior to
the issuance of the building permit. (PUBLIC WORKS)
83. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to
provide 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 $1,398.40. This fee is only an estimate based on the planning documents
provided. The actual impact fee will be calculated based on the final 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)
84. 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 $3,092.60. This
fee is only an estimate based on the planning documents provided. The actual impact fee
will be calculated based on the final 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)
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 26 of 41
85. 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
$322,920.00. This fee is only an estimate based on the planning documents provided. The
actual impact fee will be calculated based on the final 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. 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)
86. 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 $82,935.00. This
fee is only an estimate based on the planning documents provided. The actual impact fee
will be calculated based on the final 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)
87. 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 $474,660.00. This fee is only an estimate based on the
planning documents provided. The actual impact fee will be calculated based on the final
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)
88. 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 $856,260.00. This fee is only an estimate based on the
planning documents provided. The actual impact fee will be calculated based on the final
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)
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 27 of 41
89. PUBLIC STORMWATER MANAGEMENT IMPACT FEE: The applicant shall pay a
fee for the initial set up of each stormwater postconstruction BMP and an annual
administration and monitoring fee associated with soliciting, accepting, and entering each
postconstruction BMP inspection and monitoring report to compl y with mandated state
reporting. The estimated impact fee, based on the approved plans, is $1,200.00. This fee is
only an estimate based on the planning documents provided. The actual impact fee will be
calculated based on the final 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)
90. CONSTRUCTION NOTICING: At least two weeks 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
of the building permit. (PUBLIC WORKS)
91. JOINT TRENCH PLANS: The developer shall submit a joint trench plan set at initial
improvement plan submittal. The joint trench plans shall show all joint trench boxes outside
of the sidewalk path of travel. All proposed meter pedestals and above ground facilities
shall be at least 3-ft clear from the back of sidewalk in private streets and 5-ft clear from
back of sidewalk in public streets. The joint trench plans shall include a typical detail from
the face of curb to the back of the easement showing the joint trench and boxes relative to
the sidewalk.
92. DRIVEWAY APPROACHES: The proposed driveway approaches design along the
Royal way frontage between buildings K, H, & G shall be designed per City Standard.
Driveways shall be designed to not affect or impact street or public right of way operation,
queuing, maneuver, delay, passenger vehicles, emergency vehicles, pedestrian. (PUBLIC
WORKS)
93. PRIVATE DRIVEWAYS: The proposed driveways between buildings K, H, & G shall be
designed per City Standard to maintain full ingress egress at all times (2-way traffic).
Driveways shall be designed to not affect or impact street or public right of way operation,
queuing, maneuver, delay, passenger vehicles, emergency vehicles, pedestrian.
(PUBLIC WORKS)
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 28 of 41
94. PRIVATE DRIVE ISLES: The proposed driveway approaches for 24-ft drive isles off the
Royal Way Cul-De-Sacs shall be per City Standard and align with the proposed private
drive isle centerlines. (PUBLIC WORKS)
95. FIRE TRUCK CIRCULATION PLAN: The developer shall submit for review an
updated fire truck circulation plan demonstrating through vehicle Auto-Turn movements
that a westbound fire engine can enter the project meeting Fire Department criteria. This
Conditions of approval shall be confirmed with the Fire Department. (PUBLIC WORKS)
96. VEHICLE PARKING AND LINE OF SITE PLAN: At initial building submittal, the
developer shall submit for review a Vehicle Parking and Line of Site Plan as a part of the
plan set. This Plan shall include an existing parking conditions plan (along Royal Way) and
a post development parking condition plan. The post development parking condition plan
shall show line of sight triangles for all proposed driveways and identify the total amount of
public parking removed from Royal Way. (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.
97. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at least
fifteen (15) 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. allowed only for general construction activities that require no
inspection and only with approval of the Public Works Director. 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
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 29 of 41
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
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
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 30 of 41
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
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. 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.
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 31 of 41
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.
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.
98. HERITAGE TREE PROTECTION MEASURES: 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.
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 32 of 41
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)
99. PROJECT CLOSE-OUT: Prior to City acceptance of all tract subdivision and property
improvement agreements, the applicant shall comply with all City construction close-out
procedures to the approval of the City Engineer. City construction close-out procedures can
be found the City’s website under Public Works. 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. A letter indicating that all project conditions have
been met shall be submitted prior to the first occupancy. All public improvements,
including the complete installation of all improvements relative to streets, fencing, sanitary
sewer, storm drainage, water system, underground utilities, etc., shall be completed and
attested to by the City Engineer before approval of occupancy of any unit. Where facilities
of other agencies are involved, such installation shall be verified as having been completed
and accepted by those agencies. In addition, the applicant shall submit a detailed project
cost estimate of all improvements (public and private) constructed on-site and within the
public right-of-way. The cost estimate shall be prepared by the project engineer and be to
the approval of the City Engineer. The cost estimate shall be broken out into on-site and
off-site improvements based on the format provided by the City.
Until such time as all improvements required are fully completed and accepted by City, the
applicant shall 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 applicant. (PUBLIC WORKS)
100. 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. 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
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 33 of 41
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)
101. CONSTRUCTION STAGING AND WORKER PARKING: Prior to construction, the
applicant shall provide a construction staging and parking plan that minimizes the effect of
construction materials, delivery, and worker parking and/or material staging in the
neighborhood and shall include an estimate of the number of workers, equipment, and
materials staging square footage 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)
102. 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)
103. 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
The following conditions shall be complied with AT ALL TIMES that the use permitted by this
entitlement occupies the premises
104. 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
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 34 of 41
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
105. CONDITIONS OF APPROVAL: All conditions of approval shall be included on the first
sheet after the cover sheet of the construction drawing submitted for a building permit.
106. PRE-CONSTRUCTION MEETING: 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.
107. TEMPORARY FENCING: 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
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 35 of 41
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.
108. JOB SITE SIGNAGE: Prior to construction, A 36-inch by 48-inch weatherproof sign shall
be posted on the site and located to be clearly readable from the public right-of-way, 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.
City of Gilroy Code Enforcement complaint telephone number (408-846-0264).
109. CONSTRUCTION ACTIVITIES: The following provisions to control traffic congestion,
noise, and dust shall be followed during site excavation, grading and construction:
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.
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.
110. FINAL GRADING AND DRAINAGE PLAN: At the time of building permit plan
submittal, the project developer shall submit a final grading 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.
111. PAD ELEVATION CERTIFICATION: The applicant and/or developer shall submit a
pad elevation certification letter 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.
112. SITE SURVEY: The applicant shall provide a site survey of entire parcel stamped and
signed by a Land Surveyor licensed by the State of California. The survey shall include,
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Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 36 of 41
but not be limited to, the following: location and dimensions of property line, location of
streets and easements, existing buildings, topographic contour lines, trees/landscape,
miscellaneous structures, etc. The purpose of the site survey is to accurately verify
compliance with items such as setback dimensions, heights of buildings from established
contours, compliance with heritage tree ordinance, etc.
113. PERMIT CARD: The stamped, approved, job copy of the plans and permit card shall be
located onsite at all times.
114. TITLE 24:The building(s) covered by this approval shall be designed and constructed to
the 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.
115. GREEN BUILDING STANDARDS: The building shall be designed to include the green
building measures specified as mandatory in the application checklists contained in the
California Green Building Standards Code. The applicant shall incorporate the checklist
along with a notation on the checklist to specify where the information can be located on
the plans, details, or specifications, etc. All measures will be verified by the Building
Inspector at final inspection.
116. GEOTECHNICAL REPORT: 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. Additional studies may be necessary to
evaluate soil strength, the effect of moisture variation on soil-bearing capacity,
compressibility, liquefaction, seismically induced soil liquefaction, soil instability, and
expansiveness. 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:
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
has been retained to provide soil site observation and provide periodic and final
reports to the City of Gilroy.
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 conform to the
approved plans, specifications and investigations.
117. 1. The project developer is responsible for implementing the following BMPs.
a) The project developer shall include erosion control/stormwater quality
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 37 of 41
measures on the project grading plan which shall specifically address measures to
prevent soil, dirt, and debris from entering the public storm drain system. Such
measures may include, but are not limited to, hydroseeding, hay bales, sandbags,
and siltation fences and shall be subject to the review and approval of the City
Engineer/Building Official. If no grading plan is required, necessary erosion
control/stormwater quality measures shall be shown on the site plan submitted for
a building permit and shall be subject to the review and approval of the Building
Division. The project developer is responsible for ensuring that the contractor is
aware of and implements such measures.
b) All cut and fill slopes shall be revegetated and stabilized after completion of
grading, but in no case later than October 15. Hydroseeding shall be
accomplished before September 15 and irrigated with a temporary irrigation
system to ensure that the vegetated areas are established before October 15. No
grading shall occur between October 15 and April 15 unless approved erosion
control/stormwater quality measures are in place, subject to the approval of City
Engineer/Building Official. Such measures shall be maintained until such time as
permanent landscaping is in place.
c) Gather all sorted construction debris on a regular basis and place in the
appropriate container for recycling; to be emptied at least on a weekly basis.
When appropriate, use tarps on the ground to collect fallen debris or splatters that
could contribute to stormwater runoff pollution.
d) Remove all dirt, gravel, rubbish, refuse, and green waste from the street
pavement and storm drains adjoining the site. Limit construction access routes
onto the site and place gravel on them. Do not drive vehicles and equipment
off paved or graveled areas during wet weather. Broom sweep the street
pavement adjoining the project site on a daily basis. Scrape caked on mud and dirt
from these areas before sweeping.
e) 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.
f) Create a contained and covered area on the site for the storage of cement, paints,
oils, fertilizers, pesticides, or other materials used on the site that have the
potential of being discharged into the storm drain system by being windblown or
by being spilled.
g) Never clean machinery, equipment, tools, brushes, or rinse containers into a
street, gutter, or storm drain.
h) Ensure that concrete/gunite supply trucks or concrete/plaster operations do not
discharge wash water into a street, gutter, or storm drain.
i) Concrete wash area:
I. locate wash out area away from storm drains and open ditches
II. construct a temporary pit large enough to store the liquid and solid
waste
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 38 of 41
III. clean the pit by allowing concrete to set
IV. break up the concrete; and then
V. recycle or dispose of properly
j) The project shall comply with the following:
I. Cleaning all on-site storm drains at least twice a year with one cleaning
immediately prior to the rainy season. The City may require additional
cleanings.
Sweeping regularly but not less than once a month, driveways, sidewalks and paved areas
to minimize the accumulation of litter and debris. Corners and hard to reach areas shall be
swept manually. Debris from pressure washing shall be trapped and collected to prevent
entry into the storm drain system. Wastewater containing any soap, cleaning agent or
degreaser shall not be discharged into the storm drain.
118. PORTABLE TOILETS: Portable toilets used during construction shall be emptied on a
regular basis as necessary to prevent odor. A containment pan is required under all portable
toilets.
119. CONSTRUCTION STORAGE: 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. The placing of portable restroom
facilities in the City right-of-way will not be permitted.
120. CONSTRUCTION SITE MAINTENANCE: All portions of the job site shall be
maintained in an organized and professional condition. All trash, debris, construction scraps
and broken/deteriorated machinery shall be removed from the site at the end of each week.
If off loaded construction materials are not used within 2 weeks, they shall be screened
from view. All sidewalks, driveways and public/private roadways fronting the subject site
shall be broom cleaned at the end of each business day.
121. PLAN MODIFICATIONS: 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 or departure and
specify the manner in which the same is to be made.
FIRE PREVENTION
122. Fire Department Access – Using Autoturn vehicle pathway tracking software, demonstrate
that large vehicles (e.g. fire ladder truck, garbage trucks, school buses) can navigate into,
throughout, and out of this development. Show offsite and onsite, ingress, egress, and
onsite navigation. Please note that the proposed plans indicate 24 foot wide roads will serve
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 39 of 41
the development. Please review the Engineering Department’s design standards for
roadways. Fire Apparatus shall not be required to cross to the opposite side of a street as
part of a turn on that street or onto another street. Dead end streets in excess of 150 feet
shall be provided with a cul-de-sac of 78’diameter unless they qualify for use of an
alternative turn around standard. See the Fire Department approved dead end turn around
standards.
123. For roads less than 28 feet in width, no vehicle street parking is allowed. Because of this,
the HOA shall develop enforceable conditions such that the garage and driveways shall be
available to accommodate all vehicle parking.
124. Gates & Fencing – Gates and fencing were not shown on the plans submitted. There has
been some discussion about security for this project. If the project designer decides to
install gates and fences, then Fire Prevention and Engineering Department requirements
will need to be met.
125. The plan reviewer could only locate one fire hydrant shown on the plans for the proposed
53,946 square feet of new structures. For future plans submitted to the City of Gilroy, show
public and private fire hydrants distributed throughout the proposed development in a
logical fashion. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual
pressure. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any
building. Offsite improvement plan shall provide Fire Hydrants per the City
Standard. Hydrants shall be installed prior to commencement of construction with
combustible materials.
126. All buildings shall be provided with water meters and water laterals sized for the type and
size of building being proposed. All buildings shall have a fire sprinkler system using the
current and appropriate NFPA standard based on the building type and size. All fire
sprinkler systems shall be designed using the hydraulic calculation method. Request a fire
hydrant flow test from Deputy Fire Marshal Jonathan Crick by contacting him at
Jonathan.crick@cityofgilroy.org and/or 408-846-0436.
127. Traffic calming devises shall be prohibited unless approved by the Fire Chief and Fire
Marshal.
128. Open Spaces, including storm water detention/retention basins, landscaped and naturally
vegetated areas shall have vegetation management to remove dead plants and debris, and to
remove, disc or mow weeds during weed abatement season from April to November of
each year. In HOA managed areas, the HOA shall be responsible. For privately owned
property it shall be performed by the property owner.
VALLEY WATER DISTRICT
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 40 of 41
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP,
or if another deadline is specified in a condition, at that time.
129. Verify the bearings provided in Sheet 2 of Mid Coast Engineers’ survey map; more
specifically, the bearing provided for the southerly property line. This appears to be
inconsistent with the bearing provided in Valley Water’s easement deed for the future
South County Recycled Water Line. Review the shared property line between the proposed
development and Valley Water’s right of way. The Applicant’s response indicating that
ALTA was “provided by a licensed surveyor” does not adequately justify the noted
inconsistency for the shared property line.
130. Show and label Valley Water’s two easements on the Alta survey and all other plan sheets
where there are proposed improvements.
131. Fencing shall be maintained along the property line to prevent people from climbing up
onto the existing levee. Show the fence in the cross sections provided on Sheet C1.1; details
for the fence should also be provided.
132. Provide details for proposed retaining wall shown on Sheet C1.0. A cross section and detail
should be provided to show that the entire retaining wall, including the footing, is within
the limits of the subject property.
133. Show existing and proposed grades along the property line to ensure that there are no
impacts to the levee, or the drainage pattern next to the levee.
134. Valley Water owns a Temporary Construction Easement (TCE) within portions of APN
799-44-109 and 799-44-110. Please be advised that no construction, grading, or
improvements shall take place until such time that the temporary construction easement is
extinguished. According to the TCE deeds: “The easement is necessary for the purpose of
constructing the South County Recycled Water Pipeline Project and related activities
incident to construction. This temporary construction easement shall not be revoked and
shall continue in full force and effect until such time the construction of the South County
Recycled Water Pipeline Project has been completed at which time the temporary
construction shall terminate.”
135. Sheet C1.0 shows a concrete walkway which crosses the length of Valley Water’s water
pipeline easement. As per the easement deed, the “easement area shall be kept clear of any
type of building, fences, structure, pavement, or trees unless prior written approval is
obtained from [Santa Clara Valley Water] District.” Staff would like to reiterate that a
Valley Water encroachment permit will need to be issued for the proposed improvements in
this area. Issuance of an encroachment permit are subject to the applicant demonstrating the
improvements will not adversely impact Valley Water facilities or access for construction,
operation, and/or maintenance of its facilities.
Resolution No. 2022-88
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 41 of 41
136. On Sheet L-1.0, Valley Water recommends the complete removal of the olive trees (Olea
europaea) as their seedlings are invasive on creeks. According to the Guidelines and
Standards for Land Use Near Streams (G&S), Design Guide 3, Section 1.C.2, Olea
europaea is listed as an invasive species that should be avoided. Furthermore, Design
Guide 4, Section 1.C, states that invasive, non-native species should not be planted near
streams.
137. Sheet L-2.0 of the landscaping plans show Western Sycamore (Platanus racemosa) as one
of the proposed tree plantings. Valley Water would like to note that recent studies in
Coyote Valley have shown that many Western Sycamores could be a non-local ecotype or
undesirable hybrid species. According to the G&S, Design Guide 2, Sections 1.B and 1.C,
plantings that have been “propagated from seeds, cuttings or divisions collected from the
same local creek or watershed” should be used.
138. Sheet L-2.0 of the landscaping plans shows proposed plantings within the limits of the TCE
and pipeline easement noted in Comment #5 and #6, respectively. Valley Water currently
has an ongoing capital project to expand the recycled water line through the subject parcel.
Consequently, the TCE should be kept clear until construction in this area has been
completed.
139. Sheet L-2.0 of the landscaping plans currently show a proposed tree planting within Valley
Water’s pipeline easement. To avoid potential damage and maximize access to the pipeline,
trees should not be planted within the easement area. Plantings within the easement area
must be limited to low lying ground cover plants which do not consist of shrubs or trees. A
Valley Water approval and permit is required for any proposed improvements within the
easement.
140. The lighting plans prepared by AGi32 show trees within Valley Water’s fee title; please
clarify if these are existing trees. There should be no proposed trees on Valley Water right
of way.
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2022-88 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, November 21, 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, November 21, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)