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Resolution No. 2021-03 | Architectural and Site Review 21-01 Construction of a 11,868 Industrial Building APN 835-31-031 | Adopted 04/01/2021RESOLUTION NO. 2021-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY APPROVING ARCHITECTURAL AND SITE REVIEW AS 21-01 FOR CONSTRUCTION OF A 11,868 SPECULATIVE INDUSTRIAL BUILDING AT 8805 FOREST STREET (APN: 835-31-031), FILED BY AMY AND BILLY HOLLER. WHEREAS, on February 3, 2021, Amy and Billy Holler submitted an application requesting architectural and site review a one-story speculative industrial building on a 0.98 acres vacant in -fill site located within the MI Limited Industrial, Murray -Las Animas Avenue Overlay Combining zoning district (APN: 835-31-031); and WHEREAS, on March 1, 2021, the application was accepted as complete for processing; and WHEREAS, the project has been determined to be exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (Class 32) which applies to urban in -fill development on sites less than five acres, served by existing facilities and utilities, consistent with the general plan and zoning, and that have no other environmental concerns; and WHEREAS, the project plans have been referred to various city departments, including the Technical Advisory Committee, for recommendations and plan revisions or conditions have been incorporated into the project to ensure compliance with City standards; and WHEREAS, on April 1, 2021, at a duly noticed public hearing the planning commission of the city of Gilroy considered the project environmental determination in accordance with the Gilroy Zoning Ordinance and applicable Industrial and Murray Avenue design policies; and WHEREAS, the planning commission of the city of Gilroy has considered the project staff report dated March 15, 2021 along with testimony received at the duly -noticed public hearing and other materials; and WHEREAS, the Planning Commission finds that the application conforms to the City's General Plan Industrial Park land use designation which anticipated industrial development of the site, and all applicable elements and policies thereof, and all applicable requirements of the Gilroy City Code including the M1 zoning site and building standards and the requirements of Gilroy City Code Section 30.50.43 (Scope of Review) for architectural and site review permit approval, as follows: i) The project conforms to the Gilroy General Plan in terms of general location and standards of development given that the site is designated Industrial Park and Zoned M1 which is intended for industrial land uses. The project would comply with all applicable policies as noted in the General Plan consistency table and standards as noted in the zoning compliance analysis in staffs report. AS 18-27 Resolution No. 2021-03 Page 2 ii) The project provides the type of development that will fill a specific need of the surrounding area given that the speculative industrial building is consistent with the M1 Limited Industrial zoning and will provide opportunities for employment and business growth within the City in compliance with City goals, policies and standards as noted in the consistency tables of staffs report, which includes review and determination of consistency with all applicable Industrial Design and Murray Avenue design policies. iii) The project will not require urban services beyond those that are currently available given that the property is within an existing improved industrial subdivision development that has adequate services and utilities for development of the site. Further, the project will pay development impact fees at time of building permit to fund its fair share cost toward improvements required to accommodate buildout under the City general plan. iv) The project provides a harmonious, integrated plan that justifies exceptions, if such are required, to the noiiiial requirements of this ordinance given that the project does not propose any exceptions. v) The project reflects an economical and efficient pattern of land uses given that the project proposes industrial development as anticipated for the site and in compliance with the applicable development standards, as discussed above. vi) The project includes greater provisions for landscaping and open space than would generally be required given that the project exceeds the minimum front landscaping depth requirement of 21 feet and maximum allowed paving of 50 percent. A total of 21 to 41 feet of landscaping are proposed along the frontage. vii) The project utilizes aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas given that the building design includes a variety of materials and high quality factory applied finishes that satisfies the applicable Industrial and Murray Avenue design criteria and which is in character with development in the area. viii) The project will not create traffic congestion, noise, odor or other adverse effects on surrounding areas given that the speculative industrial building is consistent with the use anticipated for the property and would not create any undue traffic, noise, odor or other effects. ix) The project provides adequate access, parking, landscaping, trash areas and storage, as necessary given that the building provides suitable areas for trash collection, access to loading areas, and 39 parking spaces that go beyond the required rate of 1 space per 350 square feet of industrial area. No outdoor storage or uses are proposed or approved with this action. WHEREAS, the Planning Commission finds that the applicant agrees with the necessity of Resolution No. 2021-03 Page 3 and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council the approval of architectural and site review application AS 21-01 subject to the following conditions: CONDITIONS OF APPROVAL AS 21-01 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. An internal condition reference number is located at the end of each condition (e.g. G-1 or MND-S2). 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: The approval for Architectural and Site Review Permit AS 21- 01 (#2102005) is granted to construct an 11,868 gross square foot single -story, 30-foot tall, metal building for speculative industrial uses located on Assessor Parcel No. 835-31- 031 as shown on Project Plans dated as received by the Planning Division on February 3, 2021, prepared by Davco Associates for Amy and Billy Holler dated January 8, 2021,and consisting of 13 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. (PLANNING) 2. PERMIT EXPIRATION: The expiration date of this approval is one year from the decision date, April 1, 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 Resolution No. 2021-03 Page 4 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. (PLANNING) 3. 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. (PLANNING) 4. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy ("the City") and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (PLANNING) 5. SIGNS: No signs are 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. (PLANNING) 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. (PLANNING) 7. OUTDOOR ACTIVITIES: This permit approval does not allow for any outdoor storage or outdoor activities as part of the development and/or operation. Any future consideration of outdoor uses onsite shall only be considered as allowed by the City Code, including any subsequent permitting for such outdoor use. (PLANNING) 8. 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. (PLANNING) The following conditions shall be addressed on construction plans submitted for any BUILDING PERMIT or GRADING PERMIT, and shall be satisfied prior to issuance of whichever permit is issued first, or as otherwise specified in the condition. Resolution No. 2021-03 Page 5 9. 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. (PLANNING) 10. 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. (PLANNING) 11. COLORS AND MATERIALS: Plans submitted for building permit applications shall include all exterior building materials and colors, including product and finish manufacturer naive, color name and number, and surface finish type (e.g. stucco with sand finish, plaster with smooth finish) to be used in construction. (PLANNING) 12. 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. (PLANNING) 13. REVISIONS TO APPROVED PROJECT: -Any modifications to the Building plan submittal, including changes to the floor plan and site layout, shall require approval by the Decision Making Body. 14. 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. (PLANNING) 15. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit, Developer shall submit a Habitat Permit application to the City of Gilroy. The application shall consist of the application processing fee, Santa Clara Valley Habitat Plan Application For 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. (PLANNING) Resolution No. 2021-03 Page 6 16. AIR QUALITY: Prior to issuance of building permit, the applicant will be required to secure a permit from the Bay Area Air Quality Management District or provide written assurance that no permit is required. (PLANNING) 17. AGRICULTURE MITIGATION POLICY: This site has been identified as Prime Farmland or Farmland of Statewide Importance pursuant to the City of Gilroy Agriculture Mitigation Policy. Prior to issuance of building permits, appropriate agriculture mitigation pursuant to the current Policy must be completed, which requires completion of a LESA analysis. (PLANNING) 18. 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. (PLANNING) 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. (PLANNING) 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 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 Development Director or designee. (PLANNING) 21. 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. (PLANNING) 22. TRASH ENCLOSURE: Prior to building permit issuance, details of an opaque screen trash enclosure are to be shown on construction drawings and approved by the Community Development Director or designee. The trash enclosure should match the architectural design, color, and materials of the primary structure. 23. 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 Resolution No. 2021-03 Page 7 the Community Development Director or designee. (PLANNING) 24. 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). (PLANNING) 25. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant species, such as those listed by the California Invasive Plant Council. (PLANNING) 26. 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. (PLANNING) 27. 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). (PLANNING) 28. LOADING ZONES: Prior to issuance of building permit, Developer shall stripe all loading zones, whether situated outside or inside a structure, for loading and unloading activities only and shall post a sign prohibiting storage or other non -loading activity within the designated loading zone. (PLANNING) The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL INSPECTION, or ISSUANCE OFA CERTIFICATE OF OCCUPANCY, whichever occurs first, or as otherwise specified in the condition. 29. 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. (PLANNING) 30. 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. (PLANNING) 31. 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 Resolution No. 2021-03 Page 8 Efficient Landscape Ordinance (MWELO) to provide a copy of the approved Certificate of Completion to the property owner or his or her designee. (PLANNING) 32. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall maintain landscaping and irrigation in accordance with the approved plans, except as otherwise permitted or required by law. Significant changes to the number, placement, and selection of plant species may require a modification to this approval, to be determined by the Community Development Director or designee. (PLANNING) 33. 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. (PLANNING) 34. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall remove all construction materials, debris, and vehicles from the subject property. (PLANNING) 35. 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. (PLANNING) The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition. 36. 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 (PLANNING) "During earth -moving, grading, and construction activities, Developer shall implement the following measures at the construction site: a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City -observed holidays; b. Locate stationary noise -generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; c. Construct sound walls or other noise reduction measures prior to developing the project site; d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize "quiet" models of air compressors and other stationary noise sources where technology exists; and g. Designate a "disturbance coordinator' who would be responsible for responding to Resolution No. 2021-03 Page 9 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." 37. 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 (PLANNING) "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." 38. 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: (PLANNING) a. Contractor employees working on -site will be certified in OSHA's 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; Resolution No. 2021-03 Page 10 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. 39. MOCK-UP: Prior to building permit issuance, the applicant shall set up a large material and color mock-up on -site for final selection and approval by the Community Development Director or designee. At minimum, the mock-up shall include [REQUIRED MATERIALS], and paint samples. (PLANNING) 40. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50' of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every 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. (PLANNING) 41. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site: (PLANNING) "If archaeological or cultural resources are discovered during earth -moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer's expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party." 42. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans: (PLANNING) "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 Resolution No. 2021-03 Page 11 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." 43. CONSTRUCTION PARKING: The Developer shall prepare a construction 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. (PLANNING) 44. 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 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. (PLANNING) Engineering Conditions of Approval 45. 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. 46. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval. Resolution No. 2021-03 Page 12 47. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy General Guidelines. 48. 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. 49. 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. 50. GENERAL — Improvement plans are required for both on -site and off- site improvements. 51. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage. 52. 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. 53. GENERAL - The developer shall obtain an encroachment permit from the City prior to building permit issuance. Encroachment permit information can be found: http : //www. ci. gilroy. ca.us/244/Encroachment-and-Transportation-Permits 54. GENERAL — Developer is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, developer shall submit a pothole plan for City review and approval. Developer shall provide the pothole result to the City Engineer prior to final design. 55. 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. 56. GENERAL - Prior to issuance of any building permits, developer shall submit for City approval water, sewer and storm drain studies for the development. These studies shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline. 57. 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. Confirm the project is in compliance with the City Master Plans. Studies shall identify the development's effect on the City's present Master Plans and the impact of this development to surrounding utility lines. If the results of the study indicate that this development contributes to the over -capacity of the trunk line, Resolution No. 2021-03 Page 13 developer will be required to mitigate the impact by remove and replace or upsizing of the existing utilities. 58. FEE - The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development hnpact 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. 59. 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. 60. 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. Developer shall also provide payment and performance bonds. 61. 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. 62. 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. 63. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor. 64. 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. 65. GRADING & DRAINAGE — Geotechnical Engineer to confirm infiltration rates by conducting Double Ring Infiltrometer Testing with appropriate safety factors of all stormwater detention and/or retention facilities. Resolution No. 2021-03 Page 14 66. PUBLIC IMPROVEMENTS — Prior to building permit issuance, developer shall post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement. 67. 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. 68. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 69. 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. 70. 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. 71. 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. 72. 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. 73. CONSTRUCTION - It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City's storm drains. 74. CONSTRUCTION - At least one week prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area Resolution No. 2021-03 Page 15 of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 75. 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. 76. 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. 77. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL 78. FEE - The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The following are approximate impact fees based on planning phase square footage and other information for a Industrial General project. Actual fees will be based on Final Design information. a. Street Tree Development =$166 b. Storm Development = $1,106 c. Sewer Development = $19,780 d. Water Development = $5,385 e. Traffic Impact = $63,827 f. Public Facilities = $16,889 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. 79. 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. 80. GENERAL - 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 Resolution No. 2021-03 Page 16 easements. Include bearings and distances for all Right of Way and Easements on the plans. 81. GENERAL - The Developer shall provide a "composite plan" showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled "Composite Plan") to confirm that there are no conflicts. 82. GRADING & DRAINAGE — Final design of the site shall be updated to remove all Catch Basins, Drop Inlets, and Stone Drain line out of the PUE. Final design of the site shall have all site drainage drain towards the site for water treatment. 83. GRADING & DRAINAGE - All grading operations and soil compaction activities shall be per the approved project's design level geotechnical report. All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all grading activities were performed in conformance with the requirements of the project's geotechnical report. The developer shall add this condition to the general notes on the grading plan. 84. PUBLIC IMPROVEMENTS — Prior to building permit issuance, the developer shall obtain design approval and bond for all necessary public improvements, including but not limited to the following: A. Removal and replacement of all existing curb and gutter along project frontage that does not meet the current City Standards and is in need of repairs. B. New sidewalk along project frontage. C. Installation of City Standard Storm Drain Drop Inlet along project frontage. D. Extension of the exiting utilities and installation of new utilities, including but not limited to, water, sewer and stone drain main lines, services and related facilities. E. Landscaping and street trees along all public street frontages. F. Installation of pavement markings, striping, red curbs, and signing along project frontage (full roadway width). G. Installation of new curb ramps at the corner of Forest and Nagareda. H. Final improvement plans must show separate domestic service line and meter. I. Final improvement plans must show separate irrigation service line and meter. J. Red curb at Fire Hydrant locations per City Standards. K. Install concrete pad from the Back of Curb to 1' behind the Fire Hydrant per City Standards. All improvements must be built to the city Engineer's satisfaction, and accepted by the City prior to issuance of any first certificate of occupancy for the project. 85. 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. Resolution No. 2021-03 Page 17 86. CONSTRUCTION - The trash enclosure shall be covered with a roof structure and connected to the Sanitary Sewer system. 87. TRANSPORTATION - Developer shall submit final photometric plans prior to first building permit issuance. 88. 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. 89. 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. 90. UTILITIES — No private utilities allowed within the PUE except for laterals connecting to the public utility main. 91. 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. 92. UTILITIES - The following items will need to be completed prior to first building permit submittal: a. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A.licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). 93. 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. Resolution No. 2021-03 Page 18 94. 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. 95. 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. 96. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 97. UTILITIES - At first improvement plan submittal, plans must show a separate meter, service, and backflow preventer for landscape irrigation water. 98. UTILITIES - At first improvement plan submittal, plans must show a separate meter, service, and backflow preventer for domestic water service. 99. UTILITIES - At first improvement plan submittal, plans must show a separate fire water service and Double Check Detector Assembly that is connected from the existing City water main. 100. UTILITES - At first improvement plan submittal, plans must show proposed Fire Hydrants, Fire Hydrant laterals, and valves along project frontage to meet City Standard fire hydrant spacing. 101. 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. 102. UTILITIES - The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California's Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. 103. 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: g. At first improvement plan submittal, project shall submit a design level Stormwater Control Plan Report (in 8 %2 x 11 report format), to include background, summary, and explanation of all aspects of stormwater management. Report shall also include exhibits, tables, calculations, and Resolution No. 2021-03 Page 19 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. h. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. i. 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. j. 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 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. k. 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 lst, 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. Resolution No. 2021-03 Page 20 1. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. m. Before commencing any grading or construction activities, the developer shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. 104. 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. 105. 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. 106. WATER QUALITY — Sequence of construction for all stormwater facilities (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. 107. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan. 108. LANDSCAPING — New frontage landscaping and sidewalk to match the design across the street on the south side of Nagareda Dr. Sidewalk width must be per City standard. 109. BICYCLE PARKING — The applicant shall provide bicycle parking on -site. These improvements shall be shown on the final plans to the approval of the City Engineer. Fire Conditions of Approval 110. Comment: Private Firewater Supply (underground), shall be designed to the NFPA 24 standard and subject to a permit from the Fire Marshal's office. Private Fire Water Supply to a property shall consist of an aboveground DDCA. Public hydrant (street hydrant) shall be within 50 ft of the DCCA. The DDCA shall be provided with supervision (monitoring). A Fire Flow calculation for the project shall be based on the largest building and its construction type in conformance with the IFC/CFC Appendix B Table B105. Fire Flow Tests are conducted by the Fire Marshal by request and payment of applicable fees. Note that 6" is the minimum underground fire hydrant supply line pipe size. 111. Correction: There are not enough fire hydrants shown on the plans submitted. For future plans, show a 150 foot radius circle drawn around all public and private fire hydrants demonstrating coverage. Private (site) Fire Hydrants are required such that there is a hydrant within 150 feet of the most remote part of any building, combustible materials, or Resolution No. 2021-03 Page 21 hazardous operations. There is one public fire hydrant on Nagareda and others on the East side of Forest. A possible location for a private fire hydrant may be near the trash enclosure. If fire hydrants are near vehicle drive aisles, then the fire hydrants must be protected from vehicle impact. Hydrant details shall refer to the City Standards. 112. Comment: Install an NFPA 13 fire sprinkler system designed to handle the highest expected hazard. The fire sprinkler system shall be monitored by a dedicated function fire alarm system. 113. Comment: Install a Zurn "Vandal -Proof" floor drain or equivalent inside the trash enclosure. The trash enclosure shall be constructed to prevent unauthorized entry from outsiders (i.e. locking doors, highblock wall construction, non-combustible roof). 114. All fire protection systems (fire underground water supply, fire sprinkler system, fire alarm system, etc.) must have separate (deferred) permits. PASSED AND ADOPTED this 1st day of April 2021 by the following roll call vote: AYES: Bhandal, Lewis, Morales Medina, Ridley, Fischer NOES: None ABSTAIN: None ABSENT: Doyle ATTEST: Karen L. Garner, Secretary Tom Fischer, Ch irperson