Resolution No. 2021-05 | Tentative Map 20-08 Three Lot Split for Property Located at 6605 Automall Parkway APN 841-16-117 | Adopted 06/03/2021RESOLUTION NO. 2021-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A
THREE LOT SPLIT FOR PROPERTY LOCATED AT 6605 AUTOMALL
PARKWAY APN: 841-16-117 (FILE NUMBER TM 20-08, #20120015)
WHEREAS, on March 15, 2021 an application was resubmitted by Joe Giacalone, of
Giacalone Management, Inc., proposing subdivision of a 8.95 -acre site into three lots, site located at
6605 Automall Parkway and within the Commercial Industrial (CM) zone district; and
WHEREAS, the application submittal was accepted as complete on April 20, 2021; and
WHEREAS, the project qualifies for an exemption from further environmental review
pursuant to Section 15315 of the California Environmental Quality Act, which applies to Minor Land
Divisions
WHEREAS, the Planning Commission held a duly noticed public meeting on June 3, 2021, at
which time the Planning Commission received and considered the staff report as well as all evidence
received including written and oral public testimony related to the project TM 20-08; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based is the Community Development
Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby find as follows:
FINDINGS
1. The proposed Tentative Map is consistent with the intent of the goals and policies of
the City's General Plan in that it would result in three (3) new commercial/industrial
lots that can accommodate commercial or light industrial development as anticipated
within the General Services land use designation.
2. The proposed development is consistent with the Zoning Ordinance and the City's
Subdivision and Land Development Code, and the State Subdivision Map Act given
that the size, shape and location of the property complies with all applicable codes and
ordinances.
3. Public utilities and infrastructure improvements needed in order to serve the proposed
project are in proximity to the site.
4. There will be no significant environmental impacts as a result of this project which
qualifies for a CEQA Guidelines Class 15, Section 15315 exemption which applies to
minor land divisions.
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EXHIBIT A
CONDITIONS OF APPROVAL
TM 20-08
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 20-08 is granted to
subdivide a 8.95-acre site into three lots, located at 6605 Automall Parkway located on
Assessor Parcel No. 841-16-117 as shown on Project Plans dated as received by the
Planning Division on March 17, 2021, prepared by Ruggeri Jensen Azar (RJA) for
Giacalone Management, Inc., dated February 16, 2021,and consisting of six (6) sheets.
Build -out of the project shall conform to the plans, except as otherwise specified in these
conditions. Any future adjustment or modification to the plans, including any changes
made at time of building permit submittal, shall be considered by the Community
Development Director or designee, may require separate discretionary approval, and shall
conform to all City, State, and Federal requirements, including subsequent City Code
requirements or policies adopted by City Council.
2. 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.
3. 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.
4. 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.
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5. SIGNAGE: All signage advertising the development project or components thereof,
including individual tenants or subdivisions, shall be installed or maintained onsite or
offsite as allowed and in conformance with an approved sign permit.
6. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the
drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98.
7.
The following conditions shall be addressed prior to issuance of any BUILDING PERMIT,
GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise
specified in the condition.
8. CONDITIONS OF APPROVAL: On plans submitted for grading permit, developer shall
include a plan sheet(s) that includes a reproduction of all conditions of approval of this
permit, as adopted by the decision -maker.
9. 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 Private Projects and Fees and Conditions Worksheet (available on the Santa Clara
Valley Habitat Agency website: https://www.scv-habitatagency.org/). A grading permit
will be issued only after approval of the Habitat Plan permit and payment of assessed fees.
10. 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 grading permits, agricultural mitigation for the loss
of agricultural lands due to conversion to urban uses shall be accomplished through the
purchase of an equal amount (1:1 ratio) of agricultural land within the "Preferred
Preservation Areas"; unless the project is deemed not significant based upon the
completion of a Land Evaluation and Site Assessment (LESA) model.
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL
MAP, or other deadline as specified in the condition.
11. TENTATIVE MAP: An approved tentative parcel map, which shall expire twenty-four
(24) months from the approval date, may be extended pursuant to the provisions of the
Map Act.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.
12. CONSTRUCTION RELATED NOISE: To minimize potential construction -related
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impacts to noise, Developer shall include the following language on any grading, site
work, and construction plans issued for the subject site
"During earth -moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on
Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on
Sundays and City -observed holidays;
b. Locate stationary noise -generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project area;
c. Construct sound walls or other noise reduction measures prior to developing the
project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust
snufflers that are in good condition and appropriate for the equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize "quiet" models of air compressors and other stationary noise sources where
technology exists; and
g. Designate a "disturbance coordinator' who would be responsible for responding to
any complaints about construction noise. The disturbance coordinator will
determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require
that reasonable measures be implemented to correct the problem."
13. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction -
related impacts to air quality, Developer shall require all construction contractors to
implement the basic construction mitigation measures recommended by the Bay Area Air
Quality Management District (BAAQMD) and shall include the following language on
any grading, site work, and construction plans issued for the project site
"During earth -moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall
be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per
hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used;
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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."
14. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the
Developer will ensure the contractor employs engineering controls and Best Management
Practices (BMPs) to minimize human exposure to potential contaminants. Engineering
controls and construction BMPs will include, but not be limited to, the following:
a. Contractor employees working on -site will be certified in OSHA's 40-hour
Hazardous Waste Operations and Emergency Response (HAZWOPER) training;
b. Contractor will stockpile soil during development activities to allow for proper
characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor emissions
with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto
transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing winds;
and
f. Contractor will cover the bottom of excavated areas with sheeting when work is
not being performed.
15. 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.
16. 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:
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"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."
17. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or
recognition of any human remains, Developer shall include the following language in all
grading, site work, and construction plans:
"If human remains are found during earth -moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until the
coroner of Santa Clara County is contacted to determine that no investigation of
the cause of death is required. If the coroner determines the remains to be Native
American the coroner shall contact the Native American Heritage Commission
within 24 hours. The Native American Heritage Commission shall identify the
person or persons it believes to be the most likely descendent (MLD) from the
deceased Native American. The MLD may then make recommendations to the
landowner or the person responsible for the excavation work, for means of treating
or disposing of, with appropriate dignity, the human remains and associated grave
goods as provided in Public Resources Code Section 5097.98. The landowner or
his authorized representative shall rebury the Native American human remains and
associated grave goods with appropriate dignity on the property in a location not
subject to further disturbance if: a) the Native American Heritage Commission is
unable to identify a MLD or the MLD failed to make a recommendation within 24
hours after being notified by the commission; b) the descendent identified fails to
make a recommendation; or c) the landowner or his authorized representative
rejects the recommendation of the descendent, and the mediation by the Native
American Heritage Commission fails to provide measures acceptable to the
landowner."
ENGINEERING GENERAL CONDITIONS OF APPROVAL
1. GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line
types and labels to identify different type of utilities and pipe sizes. Clearly identify both
public and private utilities.
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2. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved
Conditions of Approval.
3. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy
General Guidelines. A complete set of improvement plans shall consist of Civil site
design, landscape site design, Electrical, Joint Trench. Any walls or structural features part
of the landscape design shall also be included.
4. GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities
(Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the
maintenance responsibilities of all facilities.
5. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local
agencies as required to construct the proposed improvements. A copy of these permits will
be provided prior to building permits.
6. GENERAL — Improvement plans are required for both on -site and off -site improvements.
A separate plan set for each shall be prepared, or at the approval of the City Engineer,
onsite and offsite sheets can be combined into one plan set.
7. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles
removed along the property frontage.
8. 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.
9. GENERAL - Prior to any work within public right of way or City easement, the developer
shall obtain an encroachment permit from the City.
10. GENERAL — Developer is required to confinii 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.
11. 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. Street improvements and the design of all off -
site stoitii drainage facilities, sewer and water lines, and all street sections shall be in
accordance with City Standards and shall follow the most current City Master Plan for
streets, as approved by the City of Gilroy's Public Works Director/City Engineer.
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12. 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.
13. 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.
14. FEE - The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and
Public Facilities Development Impact Fees. Latest City impact fee schedule is available on
the City's website. Payment of Impact Fees is required at first 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.
15. 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.
16. 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, enter into a property improvement
agreement, and provide payment and performance bonds.
17. GRADING & DRAINAGE - All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs
during the rainy season, the developer shall submit an Erosion Control Plan to the Public
Works Director for review and approval. This plan shall incorporate erosion control
devices and other techniques in accordance with Municipal Code § 27C to minimize
erosion. Specific measures to control sediment runoff, construction pollution and other
potential construction contamination sediment runoff, construction pollution and other
potential construction contamination shall be addressed through the Erosion Control Plan
and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents shall also be kept
on -site while the project is under construction. A Notice of Intent (NOI) shall be filed with
the State Water Resources Control Board, with a copy provided to the Engineering
Division before a grading permit will be issued. WDID# shall be added to the grading plans
prior to plan approval.
18. GRADING & DRAINAGE - Prior to building permit issuance, the applicant's
Geotechnical Engineer shall review the final grading, pavement design and drainage plans
to ensure that said designs are in accordance with their recommendations and the peer
review comments. The applicant's Geotechnical engineer's approval shall then be
conveyed to the City either by letter or by signing the plans.
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19. 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.
20. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical
elevation datum, date of survey, and surveyor.
21. 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.
22. GRADING & DRAINAGE — Geotechnical Engineer to confirm infiltration rates by
conducting Double Ring Infiltrometer Testing with appropriate safety factors of all
storinwater detention and/or retention facilities.
23. PUBLIC IMPROVEMENTS — Prior to Parcel Map approval, developer shall execute a
property improvement agreement and 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.
24. 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.
25. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed
at the current hydrant meter rate.
26. 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.
27. 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
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accommodate standard commute traffic along arterial roadways and along school commute
routes.
28. 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.
29. 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.
30. 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.
31. 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 of
responsibility. The names of individuals responsible for dust, noise and litter control shall
be expressly identified in the notice.
32. 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.
33. 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.
34. UTILITIES - The Developer/Contractor shall make accessible any or all City utilities as
directed by the Public Works Director.
ENGINEERING PROJECT SPECIFIC CONDITIONS OF APPROVAL
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35. FEE - The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and
Public Facilities Development Impact Fees. Actual fees will be based on Final Design
infoiiiiation. 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.
36. FEE - At first improvement plan submittal, Developer shall submit a $10,000 (Ten
Thousand) initial deposit for plan check and processing. This deposit will be
credited/accounted for toward final plan check and inspection fee.
37. GENERAL — Developer is required to evaluate the conditions of the existing utility lines
along the project frontage by videotaping and providing the result to the City Engineer. If
the integrity of existing utilities found to be compromised, developer will be required to
repair, or remove and replace if necessary, to the City Engineer satisfaction.
38. GENERAL — As part of Phase 1 of this project, a Parcel Map shall be completed to
subdivide all future lots. Said Parcel map will be presented to the City Council for review
and action. The City Council meeting will be scheduled approximately fifty (50) days after
the Parcel Map is deemed technically correct, and Subdivision Improvement Plans with
supporting documents, reports and agreements are approved by the City. Developer shall
dedicate necessary right of way and public easements for the project development.
39. GENERAL - The approved construction schedule shall be shared with Gilroy Unified
School District (GUSD) to avoid traffic impacts to surrounding school functions. An
approved construction information handout(s) shall also be provided to GUSD to share
with school parents.
40. 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.
41. GENERAL - A current Title Report dated within the last six months, shall be submitted
with the first submittal improvement plans. An existing site plan shall be submitted
showing all existing site conditions and title report easements. Include bearings and
distances for all Right of Way and Easements on the plans.
42. 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.
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43. 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.
44. GRADING & DRAINAGE - Site design including building finished floor elevations, shall
comply with the 1995 Uvas Creek Overflow Floodplain Delineation Project prepared by
Schaaf & Wheeler Consulting Civil Engineers. Project will be required to have a
hydrologist review the project grading, to confirm this project does not have cumulative
impacts to floodwaters. City will require review letter by Schaaf & Wheeler (Contact
Caitlin Gilmore at 415-823-4964, Schaff & Wheeler).
45. GRADING & DRAINAGE — An elevation certificate per FEMA requirements must be
complete by a Land Surveyor or Civil Engineer prior to occupancy.
46. PUBLIC IMPROVEMENTS — Prior to Parcel Map Approval, the developer shall obtain
design approval and bond for all necessary public improvements, including but not limited
to the following:
A. Pavement widening, striping, and signing along Automall Pkwy project frontage.
B. Construction of new curb, gutter, 10' sidewalk (back of curb to back of sidewalk),
and driveways along Automall Pkwy project frontage.
C. Automall Parkway is part of the Street Cut Moratorium. The project is making new
pavement cuts on the newly resurfaced Automall Pkwy which reduces the City
Pavement Condition Index. The project shall Grind and pave the entire width of
Automall Pkwy (Lip of Gutter to Lip of Gutter) along project frontage with a
minimum 2.5" hot mix AC, and with pavement section dig -outs and repairs. Extend
of the dig -outs and repairs to be determined by the Developers Geotechnical
Engineer and City Engineer.
D. Installation of new City standard streetlights along project frontage. Final streetlight
locations shall be to the satisfaction of the City Engineer.
E. Install new 36" storm drain main, laterals, and related facilities along Automall
Pkwy.
F. Existing overhead utilities shall be undergrounded and related utility poles removed
along the property frontage and boundary.
G. Removal of the existing underground utilities no longer being used along the
project frontage.
H. Domestic, landscape, and fire water services, meters, and backflow preventers per
City standards. Each water service shall have a separate lateral from the main to
each lot.
I. New Fire Hydrants along project frontage.
J. Sewer laterals, manholes, and related facilities. Sewer facilities cannot be aligned
through stormwater treatment facilities.
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K. New trees along Automall Parkway shall be located behind the back of sidewalk to
match the development to the north.
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.
47. 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.
48. CONSTRUCTION - All trash enclosures shall be covered with a roof structure and
connected to the Sanitary Sewer system.
49. CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to
Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils
engineer to daily submit all testing and sampling and reports to the City Engineer.
50. TRANSPORTATION - The Project shall comply with all the traffic mitigation measures
identified in the project's Traffic Study.
51. TRANSPORTATION — At first plan submittal, developer shall submit on -site and off -site
photometric plans.
52. 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.
53. 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.
54. UTILITIES — All new services to the development shall be "underground service" designed
and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone)
Company and local cable company regulations. Transformers and switch gear cabinets
shall be placed underground unless otherwise approved by the Planning Director and the
City Engineer. Underground utility plans must be submitted to the City prior to
installation.
55. 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
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electrical, gas, telephone, cable television, and communication conduits and cables
including the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction structures as a
part of the Improvement Plan submittals for the project. Show preferred and
alternative locations for all utility vaults and boxes if project has not obtained PG&E
approval. A licensed Civil or Electrical Engineer shall sign the composite drawings
and/or utility improvement plans. (All dry utilities shall be placed underground).
b. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other
utilities subject to the review and approval by the Engineering Division and the utility
companies.
c. Will Serve Letter" from each utility company for the subdivision shall be supplied to
the City.
56. 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.
57. 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.
58. 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.
59. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have
traffic rated boxes and lids.
60. 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.
61. 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.
Resolution No. 2021-05
Page 16
62. WATER QUALITY - Proposed development shall comply with state mandated regional
permits for both pre -construction and post -construction stormwater quality requirements per
chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following:
a. At first improvement plan submittal, project shall submit a design level Stoiniwater Control
Plan Report (in 81/2 x 11 report format), to include background, summary, and explanation of
all aspects of stormwater management. Report shall also include exhibits, tables, calculations,
and all technical information supporting facts, including but not limited to, exhibit of the
proposed site conditions which clearly delineates impervious and pervious areas on site.
Provide a separate hatch or shading for landscaping/pervious areas on -site including those
areas that are not bioretention areas. This stormwater control plan report format does not
replace or is not in lieu of any stormwater control plan sheet in improvement plans.
b. The stormwater control plan shall include a signed Performance Requirement
Certifications specified in the Stormwater Guidance Manual.
c. At developer's sole expense, the stormwater control plan shall be submitted for review
by an independent third party accepted by the City for compliance. Result of the peer review
shall be included with the submittal for City evaluation.
d. Prior to plan approval, the Developer of the site shall enter into a formal written
Stoiinwater 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.
e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to
be required for this project and shall adhere to the following:
Resolution No. 2021-05
Page 17
i. The property owner(s) shall be responsible for having all stormwater management
facilities inspected for condition and function by a certified third party QSP or QSD.
ii. Stormwater facility inspections shall be done at least twice per year, once in Fall by
October 1st, in preparation for the wet season, and once in Winter by March 15th.
Written records shall be kept of all inspections and shall include, at minimum, the
following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re -inspection.
f. Upon completion of each inspection, an inspection report shall be submitted to Public
Works Engineering no later than October 1st for the Fall report, and no later than March 15th
of the following year for the Winter report.
g. Before commencing any grading or construction activities, the developer shall obtain a
National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of
filing of a Notice of Intent (NOI) with the State Water Resources Control Board.
63. 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 aproject
stop order.
64. 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.
65. WATER QUALITY— Sequence of construction for all Post Construction Required facilities
(PCR's) / stormwater facilities (bioswales, detention/retention basins, drain rock, etc) shall be
done as a final phase of construction to prevent silting of facilities and reduce the intended use of
the facilities. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or
QSD to meet the minimum design infiltration rate. All tests shall be made at on 20 ft x 20ft grid
pattern over the surface of the completed stormwater facility.
66. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management
water treatment plan.
67. MASTER PLANS - 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, developer will be required
to mitigate the impact by remove and replace or upsizing of the existing utilities.
Resolution No. 2021-05
Page 18
68. BICYCLE PARKING — The applicant shall provide both long-term bicycle lockers and
bike racks on -site, to the approval of the City Engineer.
69. PROJECT ACCEPTANCE — Automall Parkway will be under a trench cut moratorium
once scheduled pavement improvements are complete. At first improvement plan submittal,
plans must show full roadway width pavement repairs along project frontage to the approval
of the City Engineer.
70. PROJECT ACCEPTANCE — At first improvement plan submittal, plans must show
accurate topographic survey including the new paving and striping along Automall Parkway.
71. PROJECT ACCEPTANCE — Until such time as all improvements required are fully
completed and accepted by City, Developer will be responsible for the care maintenance of
and any damage to such improvements. City shall not, nor shall any officer or employee
thereof, be liable or responsible for any accident, loss or damage, regardless of cause,
happening or occurring to the work or Improvements required for this project prior to the
completion and acceptance of the work or Improvements. All such risks shall be the
responsibility of and are hereby assumed by the Developer.
72. PROJECT ACCEPTANCE — Certification of grades and compaction is required prior to
Building Permit final. This statement must be added as a general note to the Grading and
Drainage Plan.
73. PROJECT ACCEPTANCE — Prior to building occupancy, provide and obtain approval for
all of the items identified in the Public Works Department "Development Project Closeout"
list.
74. All project frontage improvements including utilities and stormwater management
facilities along Automall Parkway shall be constructed in Phase 1 of this project.
75. All stormwater facilities along Automall Pkwy located within the PSE shall be maintained
by the property owner. The City and property owner shall enter into a maintenance agreement
prior to Parcel map approval.
76. All stormwater facilities for future lots shall be owned and maintained by the property
owner.
77. Automall Parkway shall have a minimum 2% cross slope per City Standards.
78. No private signage, poles, utilities, etc. allowed in PSE/PUE.
Resolution No. 2021-05
Page 19
79. All offsite water entering the site must be managed by each lot. No stormwater shall be
directed outside of the lot, including overland flow to the top of creek bank. Final design shall
comply with all Conditions of Approval and comments by Valley Water.
80. The new Storm Drain line along Automall Pkwy shall be a minimum 7' clear from lip of
gutter and a min 6' clear from the water line (edge of water pipe to edge of storm drain pipe).
Resolution No. 2021-05
Page 2
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Gilroy hereby recommends to the City Council application TM 20-08, subject to the
Conditions of approval attached hereto as Exhibit A.
PASSED AND ADOPTED this 3rd day of June, 2021 by the following roll call vote:
AYES: Bhandal, Doyle, Morales Medina, Jezabel Moreno, Fischer
NOES: None
ABSTAIN: None
ABSENT: Lewis, Ridley
ATTEST:
aren L. Garner, Secretary
APPROVED:
om Fischer Chairperson