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Resolution No. 2021-07 | Tentative Map 20-06 The Cottages at Kern to Subdivide 3.74 Acres of Vacant Property APN 790-17-002 | Adopted 08/05/2021RESOLUTION NO. 2021-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING CITY COUNCIL APPROVAL OF VESTING TENTATIVE MAP (TM 20-06), THE COTTAGES AT KERN, TO SUBDIVIDE 3.74 ACRES OF VACANT PROPERTY, TO CREATE 29 SINGLE-FAMILY RESIDENTIAL LOTS, WITH 0.12 ACRES TO BE USED AS PRIVATE OPEN SPACE AND 0.82 ACRES TO BE USED FOR PRIVATE STREETS, LOCATED AT 9130 & 9160 KERN AVE, APN 790-17-002 & -003. FILED BY D.R HORTON, 6683 OWENS DRIVE, PLEASANTON, CA 94588. WHEREAS, D.R. Horton submitted an application requesting a tentative map to subdivide a 3.74 acre site into 29 single family residential lots with 0.12 acres of private open space, and 0.82 acres of private streets; and WHEREAS, the application submittal was accepted as complete on October 29, 2021: and WHEREAS, an Initial Study was prepared in full accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA) which resulted in a Negative Declaration (ND); and WHEREAS, the Planning Commission of the City of Gilroy has considered TM 15-03 in accordance with the Gilroy General Plan, the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed project on August 05, 2021, at which public hearing the Commission considered the proposed project, including the Negative Declaration, concurrent zone change request Z 20-06 and application AS 20-20, staff report as well as all evidence received including written and oral public testimony related to the project TM 20-06; 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 finds as follows: 1. The proposed Tentative Map and with proposed improvement and site grading would not subject the site to undue flooding or inundation given that the site is not be located within a flood hazard zone, proposes drainage improvements in compliance with City flood management design standards, and will require site improvement plans to be submitted for review and installation in compliance with Engineering standards. 2. The proposed development is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act given that the lot pattern, density and design comply with the proposed R3 PUD zoning and City Engineering standards. 3. Public utilities and infrastructure improvements needed to serve the proposed project are available and adjacent to the site. Resolution No. 2021-07 Page 2 4. The proposed map is consistent with applicable general plan as specified in Section 65451. 5. The design and improvement of the proposed subdivision is consistent with applicable general medium density land use designation. 6. The site is physically suitable for the type and density of development which is intended for 8 to 16 unit per acre residential density. 7. The design of the subdivision and the proposed improvements are not likely to cause environmental damage or/and injure fish or wildlife or their habitat given that the site has no significant habitat that would be impacted. 8. The design of the subdivision and type of improvements, as proposed and conditioned will not cause serious public health problems given that the project shall be designed to comply with all fire, building, police and engineering requirements established protection and preservation of public health, safety welfare. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council the approval of TM 20-06, subject to the following conditions: CONDITIONS OF APPROVAL TM 20-06 PLANNING CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 20-06 is granted to subdivide a 3.74-acre site into 29 lots, located at 9130/9160 Kern Avenue located on Assessor Parcel No. 790-17-002/003 as shown on Project Plans dated as received by the Planning Division on October 23, 2020, prepared by Ruggeri Jensen Azar (RJA) for D.R. Horton, dated October, 2020, 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. RELATED ENTITLEMENTS: This permit is subject to the findings and conditions of approval, and mitigation measures of AS 20-20 and Z 20-06 (i.e. related and/or concurrent entitlement requests). Resolution No. 2021-07 Page 3 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. 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. 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. 6. 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. 7 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. 8. MULTI -PHASE DEVELOPMENT: Construction of the project may be done in multiple phases, to be completed within approximately 25 months, as described below, and shown in the approved plan set. The construction phases are not separate and may overlap. The phases generally as follows: a. Phase 1 — Construction of 2 model homes and parking area adjacent to homes. b. Phase 2 — Construction of 12 homes, private roadway, and common area parcel. c. Phase 3 — Construction of 12 homes including all lots on Kern Ave. d. Phase 4 — Construction of 3 final homes and all remaining site improvements. The following conditions shall be addressed prior to issuance of any BUILDING PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or Resolution No. 2021-07 Page 4 as otherwise specified in the condition. 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. 10. 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/). The grading permit will be issued only after approval of the Habitat Plan permit and payment of assessed fees. 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 map or vesting tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Map Act, if the final map is not approved prior to expiration. 12. HOMEOWNERS' ASSOCATION: Developer shall establish a Homeowners' Association (HOA) for the development. The HOA shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the Covenants, Conditions, and Restrictions (CC&Rs) for the development. The City shall review all CC&Rs prior to recordation. 13. GARAGE USE: Garages shall be used for resident parking only. Storage is permitted so long as it does not prevent use of garage for required vehicle parking. The use and availability of garage spaces for parking shall be specified in the project CC&R's. 14. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. 15. VESTING TENTATIVE MAP: This is a vesting tentative map subject to city code section 21.83.1 and the rights conferred by a vesting map, as provided under Chapter 4.5 (titled Development Rights) from the California Subdivision Map Act, shall be valid for a period of twelve (12) months beyond the recording of the final map. When more than one final map is being recorded on various phases of a project covered by a single vesting tentative map, the twelve (12) month time period shall begin for each phase when the final map for that individual phase is Resolution No. 2021-07 Page 5 recorded. The following SPECIAL CONDITIONS shall be addressed as specified below. 16. ALL WEATHER PATH: Developer shall include on improvement plans an all- weather path extending, as a continuation, from the proposed new sidewalk to the nearest existing sidewalk south of the development (approximately 327 feet). Prior to Building Permit issuance, Developer shall obtain an encroachment permit, from the Public Works Department, for construction of the above -mentioned all- weather path. Prior to requesting an encroachment permit from the City; developer shall provide notice to all effected property owners. Prior to occupancy or initiation of any use, the above -mentioned all-weather path shall be established. 17. IMPROVEMENT OF PEDESTRIAN CIRCULATION: Prior to Final Map recordation, Developer shall explore feasibility of providing a pedestrian walkway north to Antonio Del Buono Elementary School from the project site, by extending the project's sidewalk to the West Branch Llagas Creek Connector Trail. If feasible, per the City's Public Works Department and Santa Clara County, Developer shall include this connection as part of improvement plans. The following STANDARD CONDITIONS OF APPROVAL shall apply to the development of the site during all phases of construction. 18. USE CONSTRUCTION EQUIPMENT THAT HAS LOW DIESEL PARTICULATE MATTER EXHAUST EMISSIONS: During any construction period the applicant shall prepare a plan to reduce emissions such that increased cancer risk and annual PM2.5 concentrations from construction. The plan shall be approved prior to the issuance of the first construction -related permit. The following feasible measures to achieve a 66 percent reduction in particulate matter exhaust (in comparison to the emissions from uncontrolled equipment) could involve the following: •AII construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for particulate matter (PM10 and PM2.5). •The use of construction equipment that meets U.S. EPA emission standards for Tier 3 engines and include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control. •The use of electrical or non -diesel fueled equipment. 19. DUST AND EXHAUST CONTROLS. During any construction period ground disturbance, the applicant shall ensure that the project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts Resolution No. 2021-07 Page 6 associated with grading and new construction to a less -than -significant level. Additional measures are identified to reduce construction equipment exhaust emissions. The contractor shall implement the following best management practices required for all projects: 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 off -site shall be covered. c. All visible mud or dirt track -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 shall be limited to 15 miles per hour (mph). 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. Clear signage, that provides regulations for idling times, 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 mechanic and determined to be running in proper condition prior to operation. 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. 20. SPECIAL STATUS SPECIES PROTECTION: Prior to the issuance of a grading permit, a pre -construction survey shall be conducted by aqualified biologist to confirm that the California red -legged frog, California tiger salamanderand American badger are not on the project site. If any of these species are identified onsiteor an area affected by construction, the requirements of USFWS and/or CDFW shall be implemented to minimize or avoid any impacts, including but not limited to the installation and monitoring of exclusionary fencing, an education training for all contractors working onsite, and on -site monitoring by a qualified biologist or trained biological monitor. 21. WETLANDS PERMITS: Prior to the issuance of a grading permit, the applicant shall obtain the appropriate permits and clearances from Federal, State, and regional agencies for affects to the identified seasonal wetland. Evidence of permit issuance shall be provided to the Planning Division. Resolution No. 2021-07 Page 7 22. CULTURAL RESOURCES: Prior to grading or excavation on the Project site, the applicant shall hire a qualified professional archaeologist (i.e., one who meets the Secretary of the Interior's professional qualifications for archaeology or one under the supervision of such a professional) to monitor all ground disturbing activities, to the extent determined necessary by the archaeologist. In the event that any prehistoric or historic -period subsurface archaeological features or deposits, including darkened soil (midden), that could conceal cultural deposits, animal bone, obsidian and/or mortar are discovered during earth -moving activities, all ground -disturbing activity within 50 feet of the discovery shall be halted immediately, and the Planning and Building Divisions shall be notified within 24 hours. City staff may consult with the project archeologist to assess the significance of the find. If Native American archaeological, ethnographic, or spiritual resources are discovered, all identification and treatment of the resources shall be conducted by a qualified archaeologist and Native American representatives identified by the Native American Heritage Commission. If tribal cultural representatives identified he NAHC fail to make a recommendation within 48 hours after being notified by the NAHC, the landowner or his/her authorized representative shall either rebury all Native American tribal cultural resources on the project site in a location not subject to further subsurface disturbance, or be handled in a manner consistent with the Secretary of the Interior's Standards for Archaeological Documentation and acceptable to the Planning and Building Divisions. 23. ENERGY EFFICIENCY: During the approval and construction phases, the Project will be required to comply with the Requirements contained in Title 24 Energy Efficiency, contained in Chapter 6 of the Gilroy Municipal Code. 24. FINAL GEOTECHNICAL INVESTIGATION: Prior to the issuance of a building permit, submittal of a final geotechnical investigation will be required. The recommendations contained in the final investigation will minimize the impacts from geologic and soil hazards. 25. WATER EFFICIENT IRRIGATION: Implementation of the requirements of Article XXXVIII. Landscaping, Water Efficiency, and Storm Water Retention and Treatment will reduce water use. 26. PROPER CLOSURE OF ABANDONED WELLS: The Project will comply with the provisions of Santa Clara Valley Water District Ordinance No. 90-1 regulating the classification, construction and destruction of wells and other deep excavations; requiring the destruction of abandoned or unused wells; adopting water contamination hazard standards; and making violation a misdemeanor ENGINEERING CONDITIONS The following General Engineering Conditions satisfied. Resolution No. 2021-07 Page 8 1. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval. 2. 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. 3. 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. 4. 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. 5. 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. 6. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage. 7. 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. 8. 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. 9. 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 storm 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. 10. 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 Resolution No. 2021-07 Page 9 shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline. 11. G NERAL - Prior to submittal of improvement plans, 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. 12. 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. 13. 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. 14. FEE - Prior to final map 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 each for 100% of the cost for improvements with the City that shall secure the construction of the improvements. Insurance shall be provided per the terms of the agreement. 15. G ADING & 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. 16. G ADING & 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 Resolution No. 2021-07 Page 10 engineer's approval shall then be conveyed to the City either by letter or by signing the plans. 17. 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. 18. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor. 19. 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. 20. 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. 21. 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. 22. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 23. 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. 24. 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. 25. 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. Resolution No. 2021-07 Page 11 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. The following PROJECT SPECIFIC ENGINEERING Conditions of Approval shall be addressed. 32. 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 information for a Residential - High Density project. Actual fees will be based on Final Design information. a. Street Tree Development =$185 Resolution No. 2021-07 Page 12 b. Storm Development = $3,405 c. Sewer Development = $202,043 d. Water Development = $51,881 e. Traffic Impact = $296,989 f. Public Facilities = $535,746 Latest City impact fee schedule is available on the City's website. Payment of Impact Fees are 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. 33. FEE - At first improvement plan submittal, Developer shall submit to Public Works a $25,000 (Twenty -Five Thousand) initial deposit for plan check and processing. This deposit will be credited/accounted for toward final plan check and inspection fee. 34. GENERAL - No building permits shall be issued until the Final Map is recorded. 35. 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. 36. 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. 37. 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. 38. GENERAL - No private walls, signage, poles, utilities, etc. allowed in PSE/PUE. 39. GENERAL - At first submittal, developer shall provide a Geotechnical report that includes pavement section recommendations for all public and private street pavement sections. 40. 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. Resolution No. 2021-07 Page 13 41. PUBLIC IMPROVEMENTS — At first improvement plan submittal, the design of Kern Ave roadway shall be per City Standards. 42. PUBLIC IMPROVEMENTS - All work in the public right of way, or for pubic use, shall require an encroachment permit issued by Public Works, and shall be contained in one set. Plans are to be submitted to Public Works for review and approval. 43. PUBLIC IMPROVEMENTS — Offsite improvement plans shall be completed per the Public Works Engineering Checklist found in the Public Works, Engineering, portion of the City's website. Partial submittals shall not be accepted. Applicant shall make a pre -submittal appointment with the Public Work Land Development Section, to review that all submittal applications items are complete. 44. PUBLIC IMPROVEMENTS —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. 45. PUBLIC IMPROVEMENTS - All frontage improvements Along Kern Ave. (In public right of way and easements) shall be constructed with the First Final Map and Improvement Plans. 46. PUBLIC IMPROVEMENTS — At first plan submittal, provide all sight distance exhibits showing adequate sight distance. 47. PUBLIC IMPROVEMENTS — The project is making new pavement cuts on Kern Ave which reduces the City Pavement Condition Index. The project shall grind and pave the entire width of Kern Ave (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. 48. 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. 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. CONSTRUCTION — Prior to Final Map approval, the Developer/Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Prospect, and shall identify the Resolution No. 2021-07 Page 14 scheduled critical path for the installation of improvements. The schedule shall be updated weekly. 51. CONSTRUCTION - All public improvements, including the complete installation of all improvements relative to streets, fencing, sanitary sewer, storm drainage, water system, underground utilities, etc., shall be completed and attested to by the City Engineer before approval of occupancy of any unit. Where facilities of other agencies are involved, such installation shall be verified as having been completed and accepted by those agencies. 52. CONSTRUCTION PARKING - No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 53. TRANSPORTATION — At first plan submittal, developer shall submit on -site and off -site photometric plans. 54. 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. 55. 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. 56. TRANSPORTATION — Applicant shall obtain a review letter from Recology confirming serviceability and site accessibility of solid waste pickup, No public right of way areas to be used for solid waste pickup. Contact Lisa Patton, Operations Manager 408-846-4421. Include Recology review letter with first building permit submittal. 57. TRANSPORTATION - Developer shall design driveway grades to keep a standard design vehicle from dragging or "bottoming out" on the street or driveway and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. 58. TRANSPORTATION — The proposed street knuckle design shall be per City Standards. Resolution No. 2021-07 Page 15 59. 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. 60. 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). 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. 61. 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. 62. 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. 63. 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. 64. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. Resolution No. 2021-07 Page 16 65. 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. 66. 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. 67. UTILITIES — 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. 68. UTILTIES - All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. 69. UTILITIES - Developer shall provide a separate irrigation water service, meter, and backflow preventer for this development. 70. UTILITIES — Developer shall provide a separate water service, meter, and backflow preventer for this development. 71. UTILITIES — Install new Public Fire Hydrants along Kern Ave project frontage per City standard and guidelines. 72. UTILTIIES — Only residences fronting Kern Ave will be allowed to connect to the public water line along Kern Ave. 73. WATER QUALITY - Proposed development shall comply with state mandated regional permits for both pre -construction and post -construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following: a. At first improvement plan submittal, project shall submit a design level Stormwater Control Plan Report (in 8 ' 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- Resolution No. 2021-07 Page 17 site including those areas that are not bioretention areas. This stormwater control plan report format does not replace or is not in lieu of any stormwater control plan sheet in improvement plans. b. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. At developer's sole expense, the stormwater control plan shall be submitted for review by an independent third party accepted by the City for compliance. Result of the peer review shall be included with the submittal for City evaluation. d. Prior to plan approval, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit A and Exhibit B. i. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City -standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City -approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a certified third party QSP or QSD. ii. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; Resolution No. 2021-07 Page 18 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. 74. 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. 75. 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. 76. 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. 77. STORMWATER — All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. 78. STORMWATER — This project may be subject to an audit by the Central Coast Regional Board. City may be required to provide the project stormwater design and storm water management plan for Regional Board review and comment. The project may need to provide the Regional Board any and all necessary documents (including reports, technical data, plans, etc.) for the Regional Board approval. 79. STORMWATER - Plans must demonstrate there is no hydraulic impact to the properties on the north due to this development. 80. STORMWATER — Overland drainage release for this development shall be directed to the public right of way. Resolution No. 2021-07 Page 19 81. STORMWATER — Additional stormwater runoff from this development shall be mitigated on -site. 82. STORMWATER — All stormwater from Kern Ave shall be contained within the Kern Ave curb and gutter. 83. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan. 84. LANDSAPING — The proposed landscaping along the project public street frontages are maintained by project HOA. Landscape plan will clearly show and identify limits of HOA responsibilities. 85. MONUMENTS — All monuments shall be set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer. 86. PROJECT ACCEPTANCE — At first improvement plan submittal, plans must show accurate topographic survey including the new paving and striping along all public and private streets. 87. 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. 88. 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. 89. PROJECT ACCEPTANCE — Prior to building occupancy, developer shall submit for review and approval all of the items identified in the Public Works Department "Development Project Closeout" list. 90. FINAL MAP - The tentative map and all final maps shall designate all common lots as lettered lots. The Final map should be clear on the limits of Public vs. Private (HOA) designations. 91. FINAL MAP - Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and Resolution No. 2021-07 Page 20 common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R's shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. 92. FINAL MAP —The Final Map shall be presented to the City Council for review and action. The City Council meeting will be scheduled approximately fifty (50) days after the Final 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. All private easements shall be recorded and the recording information shown on the Final Map. 93. OTHER AGENCIES — An existing waterway runs though the site. Developer shall obtain any permitting necessary by local, state, or federal agencies related to any work within, near, or adjacent with this waterway. 94. TRAFFIC - The Project shall mitigate for all traffic deficiencies and recommended improvements identified in the project's Traffic Study. The Project shall comply with all the traffic related mitigation measures identified in the project's Mitigation Monitoring Plan, and contained within the adopted CEQA document. The following VALLEY WATER CONDITIONS shall be addressed. 95. This site is in the Upper Miller Slough watershed and storm drainage shall be directed to Upper Miller Slough via the city storm drain system. The utility plan shows site runoff directed to a 18-inch storm drain in Kern Avenue. Provide storm drain plans demonstrating that the runoff via the 18-inch storm drain in Kern Avenue will be directed to Upper Miller Slough, not Lions Creek (located to the north). 96. The application and site plan topography indicates there is a Water of the US and Water of the State on the site. The applicant shall obtain permits from the Army Corps of Engineers (404 permit), the Central Coast Regional Water Quality Control Board (401 water quality certification) and the California State Department of Fish and Wildlife (Lake and Streambed Alteration Agreement) prior to issuance of building or grading permit whichever comes first. PASSED AND ADOPTED this 5th day of August 2021 by the following roll call vote: AYES: COMMISSIONERS: Lewis, Ridley, Fischer and Moreno NOES: COMMISSIONERS: Resolution No. 2021-07 Page 21 ABSENT: COMMISSIONERS: Bhandal, Doyle ATTEST: APPROVED: Tom Fischer (Ja 20, 2022 11:11 PST) Karen L. Garner, Director Tom Fischer, Chairperson