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