Resolution No. 2021-02 | Architectural and Site Review 20-09 Expansion of Mini-Storage Facility APN 835-04-069 | Adopted 02/04/2021RESOLUTION NO. 2021-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING AN ARCHITECTURAL AND SITE REVIEW
PROPOSING EXP ANSI ON OF A MINI-STORAGE FACILITY FOR PROPERTY
LOCATED AT 8900 MURRAY A VENUE, APN: 835-04-069 (FILE NUMBER AS
20-09)
WHEREAS, On June 24, 2020 applications were filed by James Goodman and Judy Lee in
behalf if David L. Rasmussen, Manager for ESS Properties 114 LLC proposing a two story storage
building addition on a 4.8 acre site located at 8900 Murray A venue and within the Ml Limited
Industrial and Murray-Las Animas Avenue Overlay zone district; and
WHEREAS, the application submittals were accepted as complete on December 23, 2020; and
WHEREAS, the project qualifies for an exemption from further environmental review
pursuant to Section 15332 of the California Environmental Quality Act which applies to in-fill
development on less than 5 acres; and
WHEREAS, the Planning Commission held a duly noticed public meeting on February 4,
2021, at which time the Planning Commission received and considered the staff report as well as all
evidence received including written and oral public testimony related to the subject project AS 20-09
(20050041) and associated conditional use permit request CUP 20-01 (20050042); and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based is the Community Development
Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby find as follows:
FINDINGS
1. The proposed Architectural and Site request is generally consistent with the intent of the goals
and policies of the Industrial Design Guidelines given that the in-fill project provides vertical
and horizontal articulation of the two story building with varied colors and materials chosen
that are in harmony with and an upgrade to existing development, individual letter wall
signage, required five foot side and rear yard landscaping, upgraded front yard fencing and
front and rear landscaping with screening of views from US 101, with existing adequate
parking and access, adequate fire lanes and dedicated loading and unloading areas on the site.
2. The proposed Architectural & Site request is generally consistent with the intent of the goals
and policies of the Murray-Las Animas Avenue Overlay Combining District Policy given that
the project is located to the rear of an existing developed site and includes fencing and
landscaping upgrades to screen and improve the site appearance, upgraded attractive
1
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Page2
architecture and building materials for the new building consistent with the requirements of
the policy for this location.
3. The proposed development is consistent with the intent of the goals and policies of the City of
Gilroy 2040 General Plan (adopted November 2020) given the light industrial development is
anticipated within the Industrial Park land use designation and is in substantial conformance
with the applicable policies LUl.1, LUl.3, LU 5.1, LU 5.3, LU 8.3, LU 8.7 and LU 8.13 as it
results in orderly and attractive in-fill development including signage visible from US 101,
proposes durable and appropriate materials with matte finishes, provides upgraded and new
landscape screening, and lighting that is shielded to prevent glare.
4. The proposed development is consistent with the Zoning Ordinance and the City's
Subdivision and Land Development Code, and the State Subdivision Map Act given that it
involves development of a legal lot that would not conflict with easements and which
complies with all applicable requirements of the Ml zoning district land use tables and site
and building standards.
5. Public utilities and infrastructure improvements needed in order to serve the proposed project
are in proximity, at Murray Avenue.
6. There will be no significant environmental impacts as a result of this project which consists of
expansion of an existing developed industrial site, which qualifies for an exemption from the
California Environmental Quality Act (CEQA) pursuant to section 15332 of the CEQA
guidelines, and the project will require payment of any required nitrogen deposition only
habitat fees in compliance with the Santa Clara Valley Habitat Plan prior to issuance of a
building permit.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Gilroy hereby approves AS 20-09 (20050041 ), subject to the conditions attached hereto as
Exhibit A.
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PASS ED AND ADOPTED this 4th day of February by the following roll call vote:
AYES: Bhandal, Fischer, Lewis, Morales-Medina
NOES: Doyle, Lerner, Ridley
ABSTAIN: None
ABSENT: None
ATTEST:
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ATTACHMENT A
STANDARD CONDITIONS OF APPROVAL
AS 20-09
Note: The following abbreviations identify the City department or division responsible for
determining compliance with these conditions. The first group listed has responsibility for
compliance at plan check, the second confirms compliance with the condition at final inspection,
prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition.
If only one group is identified, they have responsibilities from initial review through compliance
verification. In the context of these Conditions of Approval, the term "Developer" means permit
applicant, property owner, operator, permittee, lessee, and/or tenants using the space(s) for the
intended use(s). Developer shall comply with project conditions for the life of the project.
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL Building Division/Inspectors PK Parks/Landscape Design
CA City Attorney PL Planning Division
cc Chemical Control Agency PW Public Works/Engineering
FP Fire Prevention TR Traffic Division
PD Police Department WW Wastewater/Source Control
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: Architectural and Site Review Permit AS 20-09
(20050041) is granted to construct a 30,978 square foot, two-story self-storage
building addition to an existing 71,085 square foot min-storage and recreational
vehicle storage facility, and associated fencing, paving and landscaping, located
on Assessor Parcel No. 835-04-069,as shown on Project Plans received by the
Planning Division prepared by James Goodman Architecture, Kier & Wright Civil
Engineering and Emerald Design Landscape Architecture for Extra Space
Storage, dated November 23, 2020 (as Planning Submittal Update -November
23, 2020),and consisting of 18 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 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.
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2. PREVIOUS APPROVALS: For regulatory purposes, previous permit AS 97-29
conditions of approval shall remain valid, except as amended by this approval.
3. PERMIT EXPIRATION: The expiration date of this approval is one year from the
decision date, on February 4, 2022. If any development for which architectural and
site approval has been granted has not obtained building permits within one (1)
year from the date of notification of approval, 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.
4. RELATED ENTITLEMENTS: This permit is subject to the finding and conditions
of approval of conditional use permit CUP 20-01 (20050042) (i.e. related and/or
concurrent entitlement requests).
5. 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.
6. 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. S_ignificant changes to the number,
placement, and selection of plant species may require a modification to this
approval, to be determined by the Community Development Director or designee
7. OUTDOOR ACTIVITIES: Developer shall limit outdoor storage as described in the
project application and to the locations shown on the project plans. Developer
shall maintain screening of storage and use area(s) from adjacent properties and
public vantage points for the life of the project. The requisite screening shall match
the predominant design and materials of the main structure on the project site.
The following conditions shall addressed prior to issuance of permits for site
construction.
8. HABITAT PERMIT: Developer shall submit a Habitat Permit application to the
City of Gilroy. The application shall consist of the Nitrogen Deposition Only
Application (available on the Santa Clara Valley Habitat Agency website:
https://www.scv-habitatagency.org/). The grading permit will be issued only after
approval of the Habitat Plan permit and payment of assessed fees.
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9. SIGNS: A Sign Permit application is required prior to installation of any signage
shown on plans. Signs are not approved as part of this application. Prior to
issuance of a sign permit for this site, Developer shall propose well-designed,
quality signs that comply with the allowances of the City Code and are to the
satisfaction of the Community Development Director or designee. Cabinet or box-
style signs will not be permitted.
10. EXISTING VIOLATIONS: Developer shall correct all violations of the City Code, if
any, existing on the project property, including but not limited to removal of any
unpermitted storage containers or signage on the site.
11. 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.
12. 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.
13. 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. Paint
finishes shall be matte finish.
14. LIGHTING PLAN: Developer shall include a lighting plan with the application for
building permit. Developer shall shield lighting, so the light source is not directly
visible from any public area. The lighting plan must be approved by the
Community Development Director or designee.
15. FENCES AND WALLS: All approved fencing and walls are to be shown on
construction drawings submitted for building permit review.
16. REFUSE STORAGE/ENCLOSURE: Developer shall show location of refuse, and
recycling bins or containers necessary to serve the use. The storage location shall
not be within a garage.
17. 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 so that they will not be visible from the front of the property or
other major public vantage points. Details of the roof equipment and roof screens
shall be included in the building permit drawings and approved by the Community
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Development Director or designee.
18. ROOF AND BUILDING DRAINPIPES: Developer shall install all roof and building
drainpipes and downspouts inside building elements. These items shall not be
visible on any exterior building elevations.
19. LANDSCAPING: 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.
20. 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).
21. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant
species, such as those listed by the California Invasive Plant Council.
22. 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.
23. 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).
24. LOADING ZONES: Developer shall show striping of all loading zones for loading
and unloading activities only and shall post a sign prohibiting storage or other non-
loading activity within the designated loading zone.
The following conditions shall be met prior to Occupancy.
25. 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.
26. 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
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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.
27. PLANNING INSPECTION: lnspection(s) required by the Planning Division for
framing, application of exterior materials, and final completion shall be requested
to ensure that the construction matches the approved plans. Requests shall be
made a minimum of 48 hours in advance by contacting the project planner or
Planning Department during business hours.
28. PAINT SAMPLES: The applicant shall paint a portion of the building with the
proposed color scheme for inspection by the Community Development Director or
designee. Proposed primary and secondary (accent) paint colors should be
painted next to each other on the building, to the extent feasible, for purposes of
inspection. The color(s) shall not be considered approved until after inspection.
29. 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 shall be complied with at all times During Construction.
30. CONSTRUCTION RELATED NOISE: To minimize potential construction-related
impacts to noise, Developer shall include the following language on any grading,
site work, and construction plans issued for the subject site
"During earth-moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m.,
and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is
prohibited on Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a
construction project area;
c. Construct sound walls or other noise reduction measures prior to
developing the project site;
d. Equip all internal combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate for the
equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize "quiet" models of air compressors and other stationary noise sources
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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."
31. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction-
related impacts to air quality, Developer shall require all construction contractors
to implement the basic construction mitigation measures recommended by the
Bay Area Air Quality Management District (BAAQMD) and shall include the
following language on any grading, site work, and construction plans issued for
the project site
"During earth-moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or
offsite shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15
miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of
California Code of Regulations [CCR]). Clear signage shall be provided for
construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to
contact at the lead agency regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The Air District's phone
number shall also be visible to ensure compliance with applicable
regulations."
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32. 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.
33. DISCOVERY OF PALEONTOLOGICAL RESOURCES: If 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.
34. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an
accidental discovery of archaeological resources during grading or construction
activities, Developer shall include the following language on any grading, site
work, and construction plans issued for the project site:
"If archaeological or cultural resources are discovered during earth-moving,
grading, or construction activities, all work shall be halted within at least 50
meters (165 feet) of the find and the area shall be staked off immediately.
The monitoring professional archaeologist, if one is onsite, shall be notified
and evaluate the find. If a monitoring professional archaeologist is not
onsite, the City shall be notified immediately, and a qualified professional
archaeologist shall be retained (at Developer's expense) to evaluate the
find and report to the City. If the find is determined to be significant,
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appropriate mitigation measures shall be formulated by the professional
archaeologist and implemented by the responsible party."
35. 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."
36. CONSTRUCTION STAGING AND PARKING: The Developer shall implement a
construction staging and parking management plan to address parking demands
and impacts during the construction phase of the project by contractors or other
continued operations on-site. The construction parking management plan shall be
subject to review and approval by the Community Development Director or
designee.
37. DISTURBANCE COORDINATOR: The Developer shall designate a "disturbance
coordinator'' who will be responsible for responding to any local complaints
regarding construction noise. The coordinator (who may be an employee of the
general contractor) will determine the cause of the complaint and will require that
reasonable measures warranted to correct the problem be implemented. A
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telephone number of the noise disturbance coordinator shall be conspicuously
posted at the construction site fence. The sign must also list an emergency after-
hours contact number for emergency personnel.
ENGINEERING CONDITIONS
The following GENERAL ENGINEERING Conditions of Approval shall be complied
with as specified herein.
1. GENERAL -At first improvement plan submittal, utility sheets shall show
appropriate line types and labels to identify different type of utilities and pipe sizes.
Clearly identify both public and private utilities.
2. GENERAL -Improvement plans (as second sheet in plan set) shall contain
Approved Conditions of Approval.
3. GENERAL -Improvement plans shall include General Notes found in the City of
Gilroy General Guidelines.
4. GENERAL -Improvement plan cover sheet shall include a table summarizing all
facilities (Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities,
and the maintenance responsibilities of all facilities.
5. GENERAL -The applicant shall obtain all applicable permits from federal, state,
and local agencies as required to construct the proposed improvements. A copy of
these permits will be provided prior to building permits.
6. GENERAL -All existing public utilities shall be protected in place and if
necessary, relocated as approved by the City Engineer. No permanent structure is
permitted within City easements without the approval of the City of Gilroy.
7. GENERAL -Prior to issuance of any building permits, the developer shall obtain
an encroachment permit from the City.
8. GENERAL -All improvements shall be designed and constructed in accordance
with the City of Gilroy Municipal Code and Standard Specifications and Details and is
subject to all laws of the City of Gilroy by reference.
9. GENERAL -Prior to issuance of any building permits, developer shall submit for City
approval water, sewer and storm drain studies for the development. These studies shall
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provide supporting hydraulic calculation for pipe sizing per City standard design
guideline.
10. GENERAL -At first improvement plan submittal, developers engineer shall submit a
calculation for sanitary sewer and water generation per the City's Master Plan design
criteria.
11. FEE -The project is subject to the City's Traffic, and Public Facilities
Development Impact Fees. Latest City impact fee schedule is available on the City's
website. Payment of Impact Fees is required at first building permit issuance. Fees
shall be based on the current comprehensive fee schedule in effect at the time of fee
payment, consistent with and in accordance with City policy.
12. FEE -Prior to plan approval, developer shall submit a detailed project cost
estimate by the project engineer, subject to City Engineer approval. Cost estimate
shall be broken out into on-site and off-site improvements.
13. FEE -Prior to final plan approval, Developer shall pay 100% of the plan check and
processing fees and other related fees that the property is subject to.
14. GRADING & DRAINAGE -All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. If all or part of the construction
occurs during the rainy season, the developer shall submit an Erosion Control Plan to
the Public Works Director for review and approval. This plan shall incorporate erosion
control devices and other techniques in accordance with Municipal Code § 27C to
minimize erosion. Specific measures to control sediment runoff, construction
pollution and other potential construction contamination sediment runoff, construction
pollution and other potential construction contamination shall be addressed through
the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The
SWPPP shall supplement the Erosion Control Plan and project improvement plans.
These documents shall also be kept on-site while the project is under construction. A
Notice of Intent (NOi) shall be filed with the State Water Resources Control Board,
with a copy provided to the Engineering Division before a grading permit will be
issued. WDID# shall be added to the grading plans prior to plan approval.
15. GRADING & DRAINAGE -Prior to building permit issuance, the applicant's
Geotechnical Engineer shall review the final grading, pavement design and drainage
plans to ensure that said designs are in accordance with their recommendations and
the peer review comments. The applicant's Geotechnical engineer's approval shall
then be conveyed to the City either by letter or by signing the plans.
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16. GRADING & DRAINAGE -At first improvement plan submittal, the developer
shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil
Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities,
and the study shall include all off-site tributary areas. Study and the design shall be
in compliance with the City's Stormwater Management Guidance Manual (latest
edition). Existing offsite drainage patterns, i.e., tributary areas, drainage amount and
velocity shall not be altered by the development.
17. GRADING & DRAINAGE -All grading and improvement plans shall identify the
vertical elevation datum, date of survey, and surveyor.
18. GRADING & DRAINGE -Improvement and grading plans shall show
existing topo and features at least 50' beyond the project boundary. Clearly show
existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all
other property encumbrances.
19. GRADING & DRAINAGE -Geotechnical Engineer to confirm infiltration
rates by conducting Double Ring lnfiltrometer Testing with appropriate safety factors
of all stormwater detention and/or retention facilities.
20. PUBLIC IMPROVEMENTS -The developer shall repair or replace all existing
improvements not designated for removal and all new improvements that are
damaged or removed because of developer's operations. Developer shall request a
walk-through with the Engineering Construction Inspector before the start of
construction to verify existing conditions.
21. CONSTRUCTION -All construction water from fire hydrants shall be metered and
billed at the current hydrant meter rate.
22. CONSTRUCTION -The City shall be notified at least ten (10) working days prior
to the start of any construction work and at that time the contractor shall provide a
project schedule and a 24-hour emergency telephone number list.
23. CONSTRUCTION -Construction activity shall be restricted to the period between
7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for
general construction activity. No work shall be done on Sundays and City Holidays.
The Public Works Director will apply additional construction period restrictions, as
necessary, to accommodate standard commute traffic along arterial roadways and
along school commute routes.
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24. CONSTRUCTION -All work shown on the improvement plans, if applicable, shall
be inspected. Uninspected work shall be removed as deemed appropriate by the
Public Works Director.
25. CONSTRUCTION -If the project has excess fill or cut that will be off-hauled to a
site or on-hauled from a site within the city limits of Gilroy, an additional permit is
required. This statement must be added as a general note to the Grading and
Drainage Plan.
26. CONSTRUCTION -It is the responsibility of the contractor to make sure that all
dirt tracked into the public right-of-way is cleaned up daily. Mud, silt, concrete and
other construction debris shall not be washed into the City's storm drains.
27. CONSTRUCTION -At least one week prior to commencement of work, the
Developer shall post at the site and mail to the Engineering Division and to owners of
property within (300') three hundred feet of the exterior boundary of the project site a
notice that construction work will commence on or around the stated date. The notice
shall include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall be included. The
list shall always be current 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.
28. CONSTRUCTION -Prior to final inspections, all pertinent conditions of approval
and all improvements shall be completed to the satisfaction of the Planning Director
and City Engineer.
29. TRANSPORTATION -Any work in the public right-of-way shall require a traffic
control plan prepared by a licensed professional engineer with experience in
preparing such plans. Traffic Control Plan shall be prepared in accordance with the
requirements of the latest edition of the California Manual on Uniform Traffic Control
Devices. The Traffic Control Plan shall be approved prior to the commencement of
any work within the public right of way.
30. UTIL TIES -The Developer/Contractor shall make accessible any or all City
utilities as directed by the Public Works Director.
The following PROJECT SPECIFIC ENGINEERING Conditions of Approval shall be
complied with as specified herein.
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31. FEE -The project is subject to the City's Traffic and Public Facilities Development
Impact Fees. The following are approximate impact fees based on planning phase
square footage and other information for an industrial project. Actual fees will be
based on Final Design information.
a. Traffic Impact= $120,752
b. Public Facilities = $44,082
Latest City impact fee schedule is available on the City's website. Payment of Impact
Fees is required at building permit issuance. Fees shall be based on the current
comprehensive fee schedule in effect at the time of fee payment, consistent with and
in accordance with City policy.
32. TRANSPORTATION -Applicant shall obtain a review letter from Recology
confirming serviceability and site accessibility of solid waste pickup. Contact Lisa
Patton, Operations Manager 408-846-4421. Include Recology review letter with first
building permit submittal.
33. GENERAL -A current Title Report dated within the last six months shall be
submitted with first submittal improvement plans. An existing site plan shall be
submitted showing all existing site conditions and title report easements. Include
bearings and distances for all Right of Way and Easements on the plans.
34. GRADING & DRAINAGE -All grading operations and soil compaction activities
shall be per the approved project's design level geotechnical report. All grading
activities shall be conducted under the observation of, and tested by, a licensed
geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of
construction, stating that all grading activities were performed in conformance with
the requirements of the project's geotechnical report. The developer shall add this
condition to the general notes on the grading plan.
35. CONSTRUCTION -All portions of the site subject to blowing dust shall be watered
as often as deemed necessary by the City, or a minimum of three times daily. Streets will
be cleaned by street sweepers or by hand as often as deemed necessary by the Public
Works Director, or at least once a day.
36. TRANSPORTATION -Developer shall submit final photometric plans with first
building permit submittal.
37. TRANSPORTATION -At first plan submittal developer shall model all Solid Waste
Vehicle circulation movements, as a separate plan sheet. The circulation plan shall
be prepared to the City Engineer's satisfaction, and modeled with AutoTurn swept
analysis software, all turning and street circulation movements.
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38. TRANSPORTATION -At first plan submittal developer shall model all Emergency
Vehicle circulation movements, as a separate plan sheet. The circulation plan shall
be prepared to the City Engineer's satisfaction, and modeled with AutoTurn swept
analysis software, all turning and street circulation movements.
39. 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 prior to installation.
40. UTILITIES -A note shall be placed on the joint trench composite plans which
states that the plan agrees with City Codes and Standards and that no underground
utility conflict exists. The Joint consultant shall provide the City a separate "project
utility composite plan" showing all Civil, Landscape, electrical, and joint trench
information to confirm that there are no conflicts with joint trench plan utilities.
41. UTILITIES -Storm, sewer, and water lines in private areas shall be privately
owned and maintained. This should be noted on the title sheet of the project
improvement plan.
42. UTILITIES -Prior to any construction of the dry utilities in the field, the following
will need to be supplied to the City:
i. A professional engineer signed original electrical plan.
ii. A letter from the design Electrical or Civil Engineer that states the electrical
plan conforms to City codes and Standards, and to the approved
improvement plans.
43. UTILITIES -Sanitary sewer laterals and/or water meters located in driveways
shall have traffic rated boxes and lids.
44. UTILITIES -The Developer shall perform Fire Hydrant test to confirm water
system will adequately serve the development and will modify any part of the systems
that does not perform to the standards established by the City. Developer shall
coordinate with Fire Department for the Fire Hydrant test.
45. UTILITIES -The project shall fully comply with the measures required by the
City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27,
Article VI), and subsequent amendments to meet the requirements imposed by the
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State of California's Water Board. This ordinance established permanent voluntary
water saving measures and temporary conservation standards.
46. WATER QUALITY -Proposed development shall comply with state mandated
regional permits for both pre-construction and post-construction stormwater quality
requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not
limited to, the following:
a. At first improvement plan submittal, project shall submit a design level Stormwater
Control Plan Report (in 8 ½ x 11 report format), to include background, summary, and
explanation of all aspects of stormwater management. Report shall also include exhibits,
tables, calculations, and all technical information supporting facts, including but not limited
to, exhibit of the proposed site conditions which clearly delineates impervious and pervious
areas on site. Provide a separate hatch or shading for landscaping/pervious areas on-site
including those areas that are not bioretention areas. This stormwater control plan report
format does not replace or is not in lieu of any stormwater control plan sheet in improvement
plans.
b. The stormwater control plan shall include a signed Performance Requirement
Certifications specified in the Stormwater Guidance Manual.
c. At developer's sole expense, the stormwater control plan shall be submitted for review
by an independent third party accepted by the City for compliance. Result of the peer review
shall be included with the submittal for City evaluation.
d. Prior to plan approval, the Developer of the site shall enter into a formal written
Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit A
and Exhibit B.
i. The City shall record this agreement against the property or properties involved
and it shall be binding on all subsequent owners of land served by the
stormwater management treatment BMPs. The City-standard Stormwater
BMP Operation and Maintenance Agreement will be provided by Public
Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP
maintenance activities not alter the designed function of the facility from its
original design unless approved by the City prior to the commencement of the
proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance or repair
is neglected, or the stormwater management facility becomes a danger to
public health or safety, the city shall have the authority to perform
maintenance and/or repair work and to recover the costs from the owner.
iv. All on-site stormwater management facilities shall be operated and maintained
in good condition and promptly repaired/replaced by the property owner( s) or
other legal entity approved by the City.
v. Any repairs or restoration/replacement and maintenance shall be in
accordance with City-approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of any
stormwater management facility and shall describe the maintenance to be
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completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the
approved Stormwater Runoff Management Plan.
e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to
be required for this project and shall adhere to the following:
i. The property owner(s) shall be responsible for having all stormwater management
facilities inspected for condition and function by a certified third party QSP or QSD.
ii. Stormwater facility inspections shall be done at least twice per year, once in Fall by
October 1st, in preparation for the wet season, and once in Winter by March 15th •
Written records shall be kept of all inspections and shall include, at minimum, the
following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
f. Upon completion of each inspection, an inspection report shall be submitted to
Public Works Engineering no later than October 1st for the Fall report, and no later
than March 15 th of the following year for the Winter report.
g. Before commencing any grading or construction activities, the developer shall
obtain a National Pollutant Discharge Elimination System (NPDES) permit and
provide evidence offiling of a Notice of Intent (NOi) with the State Water Resources
Control Board.
47. WATER QUALITY -The developer is responsible for ensuring that all contractors are
aware of all storm water quality measures and implement such measures. Failure to
comply with the approved construction BMPs will result in the issuance of correction
notices, citations or a project stop order.
48. WATER QUALITY -The developer shall secure a QSD or QSP to maintain all
erosion control and BMP measures during construction. The developers QSD or QSP
shall provide the City weekly inspection reports.
49. WATER QUALITY-Sequence of construction for all stormwaterfacilities (bioswales,
detention/retention basins, drain rock, etc.) shall be done toward final phases of project
to prevent silting of facilities and reduce the intended use of the facilities. Prior to final
inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the
minimum design infiltration rate. All tests shall be made at on 20 ft x 20ft grid pattern
over the surface of the completed stormwater facility.
50. LANDSCAPING -Landscaping plans shall not conflict with the stormwater
management water treatment plan.
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FIRE PREVENTION CONDITIONS
The following FIRE conditions shall be addressed to the satisfaction of the Fire
Marshal
1. Plans submitted for permit shall maintain fire access as shown on approved plans
(i.e., 22'4" wide adjacent to the proposed building. This width would meet the
minimum drive aisle width (i.e. fire lane must be at least 20' wide and have 13'6" of
vertical clearance height)).
2. The project designer shall use Autoturn software ( or other similar accepted
software) to demonstrate that a fire engine can navigate the property, as indicated on
approved plans.
3. The proposed building shall have a fire sprinkler system designed to the 2016
Edition of NFPA 13.
4. The property manager shall maintain all driving aisles free of obstructions.