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.
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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).
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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-
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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;
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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.
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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
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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:
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ABSENT: COMMISSIONERS: Bhandal, Doyle
ATTEST: APPROVED:
Tom Fischer (Ja
20, 2022 11:11 PST)
Karen L. Garner, Director Tom Fischer, Chairperson