Resolution No. 2022-04 | AS 21-16 Construction of 23,422 Cold Storage Industrial Building 8805 Forest St | Adopted 02/03/2022AS 21-16
RESOLUTION NO. 2022-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING ARCHITECTURAL AND SITE REVIEW AS 21-16 FOR
CONSTRUCTION OF A 23,422 COLD STORAGE INDUSTRIAL BUILDING
WITHIN THE MURRAY-LAS ANIMAS OVERLAY DISTRICT LOCATED AT
8805 FOREST STREET (APN: 835-31-029/030), FILLED BY THOMAS
KEANE, 2001 CROW CANYON RD. STE. 120, SAN RAMON, CA 94583
WHEREAS, on August 30, 2021, Thomas Keane submitted an application
requesting architectural and site review of a one-story cold storage/warehouse industrial
building on a 1.84 acres vacant in-fill site located within the M1 Limited Industrial,
Murray-Las Animas Avenue Overlay Combining zoning district (APN: 835-31-029/030);
and
WHEREAS, on December 13, 2021, the application was accepted as complete for
processing; and
WHEREAS, the project has been determined to be exempt from environmental
review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section
15332 (Class 32) which applies to urban in-fill development on sites less than five acres,
served by existing facilities and utilities, consistent with the general plan and zoning, and
that have no other environmental concerns; and
WHEREAS, the project plans have been referred to various city departments,
including the Technical Advisory Committee, for recommendations and plan revisions or
conditions have been incorporated into the project to ensure compliance with City
standards; and
WHEREAS, on February 3, 2022, at a duly noticed public hearing the planning
commission of the city of Gilroy considered the project environmental determination in
accordance with the Gilroy Zoning Ordinance and applicable Industrial and Murray Avenue
design policies; and
WHEREAS, the planning commission of the city of Gilroy has considered the project
staff report dated January 17, 2022 along with testimony received at the duly-noticed public
hearing and other materials; and
WHEREAS, the Planning Commission finds that the application conforms to the City's
General Plan Industrial Park land use designation which anticipated industrial development
of the site, and all applicable elements and policies thereof, and all applicable requirements
of the Gilroy City Code including the M1 zoning site and building standards and the
requirements of Gilroy City Code Section 30.50.43 (Scope of Review) for architectural and
site review permit approval, as follows:
i) The project conforms to the Gilroy General Plan in terms of general
location and standards of development given that the site is designated
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Industrial Park and Zoned M1 which is intended for industrial land uses.
The project would comply with all applicable policies as noted in the
General Plan consistency table and standards as noted in the zoning
compliance analysis in staffs report.
ii) The project provides the type of development that will fill a specific need of
the surrounding area given that the cold storage industrial building is
consistent with the M1 Limited Industrial zoning and will provide
opportunities for employment and business growth within the City in
compliance with City goals, policies and standards as noted in the
consistency tables of staff’s report, which includes review and
determination of consistency with all applicable Industrial Design and
Murray Avenue design policies.
iii) The project will not require urban services beyond those that are currently
available given that the property is within an existing improved industrial
subdivision development that has adequate services and utilities for
development of the site. Further, the project will pay development impact
fees at time of building permit to fund its fair share cost toward
improvements required to accommodate buildout under the City general
plan.
iv) The project provides a harmonious, integrated plan that justifies
exceptions, if such are required, to the normal requirements of this
ordinance given that the project does not propose any exceptions.
v) The project reflects an economical and efficient pattern of land uses given
that the project proposes industrial development as anticipated for the site
and in compliance with the applicable development standards, as
discussed above.
vi) The project includes greater provisions for landscaping and open space
than would generally be required given that the project exceeds the
minimum front landscaping depth requirement of 21 feet and maximum
allowed paving of 50 percent. A total of 34 to 41 feet of landscaping are
proposed along the frontage.
vii) The project utilizes aesthetic design principles to create attractive buildings
and open space areas that blend with the character of surrounding areas
given that the building design includes a variety of materials and high
quality factory applied finishes that satisfies the applicable Industrial and
Murray Avenue design criteria and which is in character with development
in the area.
viii) The project will not create traffic congestion, noise, odor or other adverse
effects on surrounding areas given that the speculative industrial building
is consistent with the use anticipated for the property and would not create
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any undue traffic, noise, odor or other effects.
ix) The project provides adequate access, parking, landscaping, trash areas
and storage, as necessary given that the building provides suitable areas
for trash collection, access to loading areas, and 17 parking spaces. No
outdoor storage or uses are proposed or approved with this action.
WHEREAS, the Planning Commission finds that the applicant agrees with the
necessity of and accepts all elements, requirements, and conditions of this resolution as
being a reasonable manner of preserving, protecting, providing for, and fostering the health,
safety, and welfare of the citizenry in general.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby approves architectural and site review application AS 21-16 subject to the
following conditions:
CONDITIONS OF APPROVAL AS 21-16
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for Architectural and Site Review
application AS 21-16 is granted to construct a 23,422 gross square foot single-
story, 33-foot tall, metal building for cold storage (warehouse) use located on a
1.84 acre rectangular site located between Forest Street and Muraoka Drive
(APNs #: 835-31-029/030), as shown on Project Plans dated as received by the
Planning Division on November 15, 2021, prepared by Robert A. Karn &
Associates, Inc. for Keane Capital dated November 15, 2021, and consisting of 13
sheets.
Build-out of the project shall conform to the plans, except as otherwise specified in
these conditions. Any future adjustment or modification to the plans, 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. PERMIT EXPIRATION: The expiration date of this approval is one year from the
decision date. If any development for which architectural and site approval has
been granted has not obtained building permits within one (1) year from the date
of approval, by February 3, 2023, the approval shall be deemed automatically
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revoked. Upon application, an extension of time may be granted by the
Community Development Director or designee. Should Developer intend to
request an extension to the permit expiration date, Developer must submit to the
Planning Division a written application with applicable fees prior to the expiration
date. Only timely requests may be considered pursuant to the City Code.
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. OUTDOOR ACTIVITIES: This permit approval does not allow for any outdoor
storage or outdoor activities as part of the development and/or operation. Any
future consideration of outdoor uses onsite shall only be considered as allowed by
the City Code, including any subsequent permitting for such outdoor use.
9. SINGLE-PHASE DEVELOPMENT: Construction of the project shall be done in a
single-phase unless a phased construction project schedule is approved by the
Community Development Director or designee.
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The following conditions shall be addressed prior to issuance of any BUILDING
PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or
as otherwise specified in the condition.
10. 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.
11. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall
certify in writing that the architectural design shown in the building permit plans
match the plans approved by the Community Development Director or
designee/Planning Commission/City Council. Any changes must be clearly noted.
The project architect shall also certify that the structural plans are consistent with
the architectural plans. In the event of a discrepancy between the structural plans
and the architectural plans, the architectural plans shall take precedence, and
revised structural drawings shall be submitted to the Building Division.
12. COLORS AND MATERIALS: Plans submitted for building permit applications
shall include all exterior building materials and colors, including product and finish
manufacturer name, color name and number, and surface finish type (e.g. stucco
with sand finish, plaster with smooth finish) to be used in construction.
13. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior
to initiating any new construction or modifications authorized under this approval,
including but not limited to temporary construction trailers, temporary staging
areas, model home sales offices, advertising signs of any kind, exterior and
interior modifications. Developer shall pay all requisite fees in effect at the time of
plan submittal and/or issuance, as applicable.
14. LIGHTING PLAN: Developer shall submit a lighting plan with the application for
building permit. This plan should include photometric contours, manufacturer’s
specifications on the fixtures, and mounting heights. Parking lot and exterior light
fixtures shall be full cutoff type so that lighting is directed downward only,
minimizing glare and light pollution, and shall not cast light on any adjacent
property or roadway. Developer shall recess or conceal any under-canopy lighting
elements so they are not directly visible from any public area. The lighting plan
must be approved by the Community Development Director or designee.
15. LANDSCAPE AND LIGHTING PLAN: Prior to issuance of grading permits,
Developer shall submit a combined landscape and lighting plan to verify all project
onsite lighting shall be of a type and in a location that does not constitute a hazard
to vehicular traffic, either on private property or on public property, including
streets. Such lighting shall not conflict with drainage plans, landscape plans, tree
locations, parking spaces, or any other such land use concerns.
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16. 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 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.
17. FENCES AND WALLS: All fencing and walls are to be shown on construction
drawings submitted for building permit review and shall not exceed seven (7) feet
in height, measured from adjacent grade to the top of the fence or wall. The
design and location must comply with all setback requirements.
18. LOADING ZONES: Prior to issuance of building permit, Developer shall stripe all
loading zones, whether situated outside or inside a structure, for loading and
unloading activities only and shall post a sign prohibiting storage or other non-
loading activity within the designated loading zone.
19. SCREENING OF APPERTUNANCES: Developer shall show on construction
drawings details of screening for all exterior equipment, including but not limited to
mechanical equipment, post indicator valves, backflow prevention devices, utility
meters, mailboxes and address directories, etc. Ground mounted utility
appurtenances such as transformers shall not be visible from any public right-of-
way and shall be adequately screened through the use or combination of concrete
or masonry walls, berms, and landscaping.
In addition to the above, backflow preventers shall be painted dark green, except
the fire connection which shall be painted yellow. The final placement and design
of these items shall be to the satisfaction of the Community Development Director
or designee.
20. ROOFTOP EQUIPMENT: Developer shall ensure rooftop mechanical equipment,
including but not limited to heating and cooling systems, plumbing vents, ducts,
antennas and other appurtenances protruding from the roof are recessed or
otherwise screened. Details of the roof equipment and roof screens shall be
included in the building permit drawings and approved by the Community
Development Director or designee.
21. RAIN GUTTERS AND DOWNSPOUTS: Developer shall install all roof and
building rain gutters and downspouts, vents, and flashing to integrate as closely
as possible with building design elements, including matching the color of the
adjacent surface.
22. LANDSCAPING: Prior to building permit issuance, proposed landscaping shall be
shown on the site plan and submitted with the construction drawings for review
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and approval by the Community Development Director or designee.
23. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall
clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil
surfaces, as required by the State Model Water Efficient Landscape Ordinance
(MWELO).
24. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant
species, such as those listed by the California Invasive Plant Council.
25. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building
permits or initiation of the proposed use, whichever comes first, Developer shall
submit a completed Landscape Documentation Package, including a soil
analysis/management report along with appropriate application review fees, to the
Community Development Department, including required documentation for
compliance verification, and obtain approval of such plans.
26. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall
(as part of the irrigation system) indicate on construction drawings sensors that
suspend or alter irrigation operation during unfavorable weather conditions (e.g.
automatic rain shut-off devices).
27. PRECONSTRUCTION NESTING BIRD SURVEY: To the extent practicable,
vegetation removal and construction activities shall be performed from September
1 through January 31 to avoid the general nesting period for birds. If construction
or vegetation removal cannot be performed during this period, preconstruction
surveys will be performed no more than two days prior to construction activities to
locate any active nests as follows:
“The Developer shall be responsible for the retention of a qualified biologist to
conduct a survey of the project site and surrounding 500’ for active nests –
with particular emphasis on nests of migratory birds – if construction
(including site preparation) will begin during the bird nesting season, from
February 1 through August 31. If active nests are observed on either the
project site or the surrounding area, the project applicant, in coordination with
the appropriate City staff, shall establish no-disturbance buffer zones around
the nests, with the size to be determined in consultation with the California
Department of Fish and Wildlife (usually 100’ for perching birds and 300’ for
raptors). The no-disturbance buffer will remain in place until the biologist
determines the nest is no longer active or the nesting season ends. If
construction ceases for two days or more and then resumes during the
nesting season, an additional survey will be necessary to avoid impacts on
active bird nests that may be present.”
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL
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INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever
occurs first, or as otherwise specified in the condition.
28. ON- AND OFF-SITE IMPROVEMENTS: Prior to occupancy, Developer shall
complete all required offsite and onsite improvements related to the project,
including structures, paving, and landscaping, unless otherwise allowed by the
Community Development Director, or stated in these conditions.
29. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate
of occupancy or building permit final sign-off, Developer shall complete installation
of all landscaping and irrigation in accordance with the approved plans.
30. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation
of the proposed use, or completion of each build-out phase of development,
Developer shall submit a signed Certificate of Completion, along with all
necessary supporting documentation and payment to the Community
Development Department, for compliance verification of the landscape installation.
Developer is required under the Model Water Efficient Landscape Ordinance
(MWELO) to provide a copy of the approved Certificate of Completion to the
property owner or his or her designee.
31. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required
for the foundation, framing, application of exterior materials, and final completion
of each structure to ensure that the construction matches the approved plans.
32. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall
remove all construction materials, debris, and vehicles from the subject property.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the
condition.
33. CONSTRUCTION RELATED NOISE: To minimize potential construction-related
impacts to noise, Developer shall include the following language on any grading,
site work, and construction plans issued for the subject site
“During earth-moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m.,
and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is
prohibited on Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a
construction project area;
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c. Construct sound walls or other noise reduction measures prior to
developing the project site;
d. Equip all internal combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate for the
equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize “quiet” models of air compressors and other stationary noise sources
where technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for
responding to any complaints about construction noise. The disturbance
coordinator will determine the cause of the noise complaint (e.g. bad
muffler, etc.) and will require that reasonable measures be implemented to
correct the problem.”
34. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction-
related impacts to air quality, Developer shall require all construction contractors
to implement the basic construction mitigation measures recommended by the
Bay Area Air Quality Management District (BAAQMD) and shall include the
following language on any grading, site work, and construction plans issued for
the project site
“During earth-moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or
offsite shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15
miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of
California Code of Regulations [CCR]). Clear signage shall be provided for
construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be
checked by a certified visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to
contact at the lead agency regarding dust complaints. This person shall
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respond and take corrective action within 48 hours. The Air District’s phone
number shall also be visible to ensure compliance with applicable
regulations.”
35. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered,
the Developer will ensure the contractor employs engineering controls and Best
Management Practices (BMPs) to minimize human exposure to potential
contaminants. Engineering controls and construction BMPs will include, but not be
limited to, the following:
a. Contractor employees working on-site will be certified in OSHA’s 40-hour
Hazardous Waste Operations and Emergency Response (HAZWOPER)
training;
b. Contractor will stockpile soil during development activities to allow for
proper characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor
emissions with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto
transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing
winds; and
f. Contractor will cover the bottom of excavated areas with sheeting when
work is not being performed.
36. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil
is discovered during construction of the project, excavations within 50’ of the find
shall be temporarily halted or delayed until the discovery is examined by a
qualified paleontologist, in accordance with the Society of Vertebrate Paleontology
standards. The City shall include a standard inadvertent discovery clause in every
construction contract to inform contractors of this requirement. If the find is
determined to be significant and if avoidance is not feasible, the paleontologist
shall design and carry out a data recovery plan consistent with the Society of
Vertebrate Paleontology standards.
37. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an
accidental discovery of archaeological resources during grading or construction
activities, Developer shall include the following language on any grading, site
work, and construction plans issued for the project site:
“If archaeological or cultural resources are discovered during earth-moving,
grading, or construction activities, all work shall be halted within at least 50
meters (165 feet) of the find and the area shall be staked off immediately.
The monitoring professional archaeologist, if one is onsite, shall be notified
and evaluate the find. If a monitoring professional archaeologist is not
onsite, the City shall be notified immediately and a qualified professional
archaeologist shall be retained (at Developer’s expense) to evaluate the
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find and report to the City. If the find is determined to be significant,
appropriate mitigation measures shall be formulated by the professional
archaeologist and implemented by the responsible party.”
38. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or
recognition of any human remains, Developer shall include the following language
in all grading, site work, and construction plans:
“If human remains are found during earth-moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or
any nearby area reasonably suspected to overlie adjacent human remains
until the coroner of Santa Clara County is contacted to determine that no
investigation of the cause of death is required. If the coroner determines
the remains to be Native American the coroner shall contact the Native
American Heritage Commission within 24 hours. The Native American
Heritage Commission shall identify the person or persons it believes to be
the most likely descendent (MLD) from the deceased Native American. The
MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of,
with appropriate dignity, the human remains and associated grave goods
as provided in Public Resources Code Section 5097.98. The landowner or
his authorized representative shall rebury the Native American human
remains and associated grave goods with appropriate dignity on the
property in a location not subject to further disturbance if: a) the Native
American Heritage Commission is unable to identify a MLD or the MLD
failed to make a recommendation within 24 hours after being notified by the
commission; b) the descendent identified fails to make a recommendation;
or c) the landowner or his authorized representative rejects the
recommendation of the descendent, and the mediation by the Native
American Heritage Commission fails to provide measures acceptable to the
landowner.”
The following conditions shall be complied with AT ALL TIMES that the use
permitted by this entitlement occupies the premises.
39. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall
maintain landscaping and irrigation in accordance with the approved plans, except
as otherwise permitted or required by law. Significant changes to the number,
placement, and selection of plant species may require a modification to this
approval, to be determined by the Community Development Director or designee.
ENGINEERING CONDITIONS
40. GENERAL - At first building permit plan submittal, the developer shall provide a letter
indicating how all Conditions of Approval have been met.
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41. GENERAL - Improvement plans (as second sheet in plan set) shall contain
Approved Conditions of Approval.
42. GENERAL - At first improvement plan submittal, utility sheets shall show
appropriate line types and labels to identify different type of utilities and pipe
sizes. Clearly identify both public and private utilities.
43. 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.
44. 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.
45. Prior to building permit issuance, the developer shall obtain and pay for an
encroachment permit. Encroachment permit application and submittal
requirements can be found at the City of Gilroy’s Website
http://www.cityofgilroy.org/244/Encroachment-and-Transportation-Permits .
46. 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.
47. GENERAL - Existing overhead utilities shall be undergrounded and related utility
poles removed along the property frontage.
48. GENERAL - Storm, sewer, and water lines out of the public right of way and
public easements shall be privately owned and maintained. This shall be noted
on the title sheet of the project improvement plan.
49. GENERAL - All existing public utilities shall be protected in place and if necessary
relocated as approved by the City Engineer.
50. GENERAL – Public Right of Way and Easements shall remain clear of and not
allow private structures, canopies, signs, utilities, fences, walls, etc.
51. GENERAL - All improvements shall be designed and constructed in accordance
with the City of Gilroy Municipal Code and Standard Specifications, Standard
Details, General Guidelines and is subject to all laws of the City of Gilroy by
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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.
52. GENERAL - At first improvement plan submittal, developers engineer shall
submit a calculation for sanitary sewer and water generation per the City’s
Master Plan design criteria.
53. 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.
54. FEE - Prior to final plan approval, Developer shall pay 100% of the plan check and
processing fees and other related fees that the property is subject to and provide
payment and performance bonds.
55. GRADING & DRAINAGE - All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. If all or part of the construction
occurs during the rainy season, the developer shall submit an Erosion Control
Plan to the Public Works Director for review and approval. This plan shall
incorporate erosion control devices and other techniques in accordance with
Municipal Code § 27C to minimize erosion. Specific measures to control
sediment runoff, construction pollution and other potential construction
contamination sediment runoff, construction pollution and other potential
construction contamination shall be addressed through the Erosion Control Plan
and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall
supplement the Erosion Control Plan and project improvement plans. These
documents shall also be kept on-site while the project is under construction. A
Notice of Intent (NOI) shall be filed with the State Water Resources Control Board,
with a copy provided to the Engineering Division before a grading permit will be
issued. WDID# shall be added to the grading plans prior to plan approval.
56. GRADING & DRAINAGE - Prior to building permit issuance, the applicant’s
Geotechnical Engineer shall review the final grading, pavement design and
drainage plans to ensure that said designs are in accordance with their
recommendations and the peer review comments. The applicant’s Geotechnical
engineer’s approval shall then be conveyed to the City either by letter or by
signing the plans.
57. 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
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Manual (latest edition). Existing offsite drainage patterns, i.e., tributary areas,
drainage amount and velocity shall not be altered by the development.
58. GRADING & DRAINAGE - All grading and improvement plans shall identify the
vertical elevation datum, date of survey, and surveyor.
59. 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.
60. 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.
61. 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.
62. CONSTRUCTION - All construction water from fire hydrants shall be metered and
billed at the current hydrant meter rate.
63. 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.
64. 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.
65. 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.
66. 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.
Resolution No. 2022-04
Page 15
67. 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.
68. 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.
69. 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.
70. 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.
71. UTILTIES - The Developer/Contractor shall make accessible any or all City
utilities as directed by the Public Works Director.
Project Specific Engineering Conditions of Approval
72. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees. The following are
approximate impact fees based on planning phase square footage and other
information for a Industrial General project. Actual fees will be based on Final
Design information.
a. Street Tree Development =$141
b. Storm Development = $2,139
c. Sewer Development = $59,984
d. Water Development = $6,379
e. Traffic Impact = $129,735
f. Public Facilities = $34,337
Resolution No. 2022-04
Page 16
Latest City impact fee schedule is available on the City’s website. Payment of
Impact Fees is required at building permit issuance. Fees shall be based on the
current comprehensive fee schedule in effect at the time of fee payment,
consistent with and in accordance with City policy.
73. TRANSPORTATION – Applicant shall obtain a review letter from Recology
confirming serviceability and site accessibility of solid waste pickup. Contact Lisa
Patton (LPatton@recology.com), Operations Manager 408-846-4421. Include
Recology review letter with first building permit submittal.
74. GENERAL - A current Title Report dated within the last six months, shall be
submitted with 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.
75. GENERAL - The design plans submittal shall include a site plan showing all
existing site conditions and title report easements. Bearings and distances for all
Right-of-Way and Easements shall be included on the improvement plan. In
addition, all Right-of-Way and Easement line work shall be clearly identified on all
improvement plans.
76. 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.
77. 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.
78. PUBLIC IMPROVEMENTS – Prior to building permit issuance, the developer shall
obtain design approval and bond for all necessary public improvements, including
but not limited to the following:
A. Removal and replacement of existing damaged and non-standard curb and
gutter along Forrest St. and Muraoka Ln. along project frontage.
B. New minimum 6’ sidewalk at 1.5% cross slope along Forrest St. and Muraoka
Ln project frontage.
C. Pavement repairs.
D. Relocate the fire hydrant along Muraoka Ln. per City Standards.
E. Installation of new utilities, including but not limited to, water, sewer and storm
drain main lines, services and related facilities.
Resolution No. 2022-04
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F. Sewer lines, manholes, test manholes, laterals, cleanouts, etc. Sewer
facilities cannot be aligned through stormwater treatment facilities.
G. New street trees along Muraoka Dr and Forest St.
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.
79. 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.
80. CONSTRUCTION - All trash enclosure shall be covered with a roof structure and
connected to the Sanitary Sewer system.
81. CONSTRUCTION – Due to the proposed development making utility and curb
cuts on Forrest St. and Muraoka Ln. reducing the City Pavement Condition Index,
the developer shall remove and replace failed pavement sections, apply
pavement crack sealing and apply microsurface treatment along Forrest St. and
Muraoka Ln. along the project frontage (full roadway width).
82. CONSTRUCTION - Where recycled water is not available, as determined by the
Public Works Director, potable water shall be used. All City potable water will be
billed based on the City’s comprehensive fee schedule under the Portable Fire
hydrant meter rate.
83. TRANSPORTATION – At first plan submittal, developer shall submit on-site and
off-site photometric plans.
84. 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.
85. 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.
86. 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.
Resolution No. 2022-04
Page 18
87. 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.
88. 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.
89. 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.
90. 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.
91. 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.
92. WATER QUALITY - Proposed development shall comply with state mandated regional
permits for both pre-construction and post-construction stormwater quality
Resolution No. 2022-04
Page 19
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 ½ x 11 report format), to include background, summary,
and explanation of all aspects of stormwater management. Report shall also
include exhibits, tables, calculations, and all technical information supporting facts,
including but not limited to, exhibit of the proposed site conditions which clearly
delineates impervious and pervious areas on site. Provide a separate hatch or
shading for landscaping/pervious areas on-site including those areas that are not
bioretention areas. This stormwater control plan report format does not replace or is
not in lieu of any stormwater control plan sheet in improvement plans.
b. The stormwater control plan shall include a signed Performance Requirement
Certifications specified in the Stormwater Guidance Manual.
c. At developer’s sole expense, the stormwater control plan shall be submitted for
review by an independent third party accepted by the City for compliance. Result of
the peer review shall be included with the submittal for City evaluation.
d. Prior to plan approval, the Developer of the site shall enter into a formal written
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:
Resolution No. 2022-04
Page 20
i. The property owner(s) shall be responsible for having all stormwater
management facilities inspected for condition and function by a certified third
party QSP or QSD.
ii. Stormwater facility inspections shall be done at least twice per year, once in
Fall by October 1st, in preparation for the wet season, and once in Winter by
March 15th. Written records shall be kept of all inspections and shall include,
at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
f. Upon completion of each inspection, an inspection report shall be submitted to
Public Works Engineering no later than October 1st for the Fall report, and no later
than March 15th of the following year for the Winter report.
g. Before commencing any grading or construction activities, the developer shall
obtain a National Pollutant Discharge Elimination System (NPDES) permit and
provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources
Control Board.
93. 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 Erosion Control Measures/BMPs will result in
the issuance of correction notices, citations or a project stop order.
94. 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.
95. WATER QUALITY – Sequence of construction for all Post Construction Required
facilities (PCR’s) / stormwater facilities (bioswales, detention/retention basins, drain
rock, etc) shall be done as a final phase of construction to prevent silting of facilities
and reduce the intended use of the facilities. Prior to final inspection, all stormwater
facilities will be tested by a certified QSP or QSD to meet the minimum design
infiltration rate. All tests shall be made at on 20 ft x 20ft grid pattern over the surface
of the completed stormwater facility.
96. WATER QUALITY - At first plan submittal, all Bio-Retention facility cross sections
shall show the correct slopes. Per the stormwater manual, the cross slopes
should be 3:1 max if providing a shelf/bench at the top of the facility. If not
providing a shelf/bench, use 4:1 slope. Label the right of way and easements in
Section A-A and B-B. Plans shall reflect the correct cross slopes.
Resolution No. 2022-04
Page 21
97. WATER QUALITY – Grading operations between October 15 and April 15 will
require a winterized grading and erosion control plan to be submitted to the
Department of Public Works for approval. The plan shall include the following
measures:
1. Specify the work to be conducted during the winter months with estimated
number of working days to complete activity and the type of equipment to be
used.
2. Provide a general schedule of the proposed work activities with a written
narrative/description of work that include the procedures for completing said
work.
3. Show how the entire site will be protected (“Winterized”) from sediment
erosion and transport and show how all exposed soil will be managed.
4. Show temporary sediment basins to be used for collecting stormwater.
Sediment basins shall be sized appropriately, and calculations shall be
provided as part of the plan submittal.
5. Provide details of the temporary sediment basin’s erosions control measures
such as sediment berms, Hydroseeding, and bank stabilization.
6. On a single plan sheet, show the entire site at an appropriate scale sufficient
to make grading information legible with the location of temporary sediment
basins, overland flow arrows indicating flow to the temporary sediment basins,
and indicate the discharge locations.
98. LANDSCAPING - Landscaping plans shall not conflict with the stormwater
management water treatment plan.
99. MASTER PLANS - Confirm the project is in compliance with the City Master
Plans. Studies shall identify the development's effect on the City's present Master
Plans and the impact of this development to surrounding utility lines. If the results
of the study indicate that this development contributes to the over-capacity of the
trunk line, developer will be required to mitigate the impact by remove and replace
or upsizing of the existing utilities.
100. BICYCLE PARKING – The applicant shall provide a long-term two-bicycle
capacity locker and a short-term “U” style bicycle rack on-site, subject to final
approval of design and placement by Planning, Building and Engineering.
101. 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.
Resolution No. 2022-04
Page 22
102. 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.
103. PROJECT ACCEPTANCE – Prior to building occupancy, provide and obtain
approval for all of the items identified in the Public Works Department
“Development Project Closeout” list.
104. A lot merger will be required to remove the lot line currently dividing the two lots.
Prior to building permit issuance, developer shall provide and record the
necessary documents for a lot merger. Submit this to Public Works Engineering
as a separate application. The Lot merger application previously submitted is
missing the original signed and notarized Owner’s Certificate from the Certificate
of Compliance to record the document. Submit the missing information to Public
Works Engineering.
FIRE CONDTIONS
105. Condition: A sanitary sewer test manhole (not a sewer cleanout) shall be required
for the building. All new commercial and industrial buildings shall have a sewer
test manhole installed on the property (see City Specifications) and in an area that
can be readily accessed by an inspector, (minimum of one for each building).
Show the sanitary sewer test manhole (SSMH) on future plan submittals. For
tenants with industrial waste treatment systems, a separate sewer test manhole
may be required. At this time, it appears that there are no industrial waste
treatment systems proposed, therefore a second sewer test manhole will not be
required.
106. The facility owner/operator shall register into the CERS online database
(California environmental Reporting System) if there is reportable quantities of
hazardous materials or any quantity of hazardous waste. Besides the refrigerant,
it appears that there will not be other hazardous materials for the proposed
operation.
107. An operational permit may be required to operate a mechanical refrigeration unit
or system regulated by Chapter six of the 2019 California Fire Code (per section
105.6.42).
BUILDING CONDITIONS
108. All conditions of approval shall be included on the first sheet after the cover sheet of
the construction drawing submitted for a building permit.
109. A pre-construction meeting shall be held at a time and location agreed upon by the
City and applicant for the purpose of reviewing conditions of approval, pre-occupancy
Resolution No. 2022-04
Page 23
requirements / temporary certificate of occupancy and construction-site procedures.
This meeting shall be held prior to the issuance of any permit issued by the building
department. The applicant shall be represented by his design and construction staff,
which includes any sub-contractors. Departments having conditions of approval for
the project will represent the City.
110. The project developer shall provide a Construction Management Plan (CMP) shall be
submitted to as part of the building permit and/or Grading Permit and shall be
incorporated into the plans for review and approval by the Building Official before
issuance of a building permit. This plan shall be a binding document. Failure to
adhere to the plan may result in a "Stop Work Notice" being placed on the project.
This plan shall be updated as project conditions warrant. The construction plan shall
be designed to minimize the loss of public parking spaces and, if any need to be lost,
to minimize the length of the time they are used for construction-related activities.
111. The CMP shall include but not be limited to:The proposed location of materials and
equipment storage, scaffolding, safety measures to protect the public from
construction activities, temporary fencing, construction trailers, parking of
construction vehicles, location of portable toilets, etc. Work schedule (start of
construction date, road or lane closure intent/dates, important milestones and
proposed final dates). It shall include the hours of construction, the construction
waste Management plan, show the location of all staging/storage types, the travel
routes and tum-around locations, any road and/or lane closures and a phasing plan.
a. The CMP may be more stringent if the project is located close to schools or in
impacted neighborhoods. A CMP may be required to be modified if a
neighborhood becomes "impacted" during construction. Impacted
neighborhoods are defined as areas in geographic proximity (i.e. using the
same streets for access) with a significant number of simultaneous
construction projects.
112. Temporary fencing along the perimeter of a building site, during construction is
required to ensure security, public safety, and/or noise/dust mitigation. “Temporary”
shall mean the placement of fencing in a manner that is not permanently attached to
the ground or attached to any other structure or material that is itself permanently
attached to the ground. Temporary construction fences consisting of chain-link or
plywood, no more that 6-feet in height above the ground and shall not require any
permits or special authorization.
b. Unless letters of permission from adjacent property owners or a City
encroachment permit have been obtained, temporary construction fencing
shall be placed only on the property that contains the subject construction
project. All temporary construction fencing shall be thoroughly removed from
the project site upon completion of construction. Temporary construction
Resolution No. 2022-04
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fences proposed more than 6-feet in height will require review and permitting
by the Building Department (discretionary review is not required for temporary
fences).
c. When required for pedestrian safety, temporary construction fencing shall
comply with the provisions of the California Building Code (CBC) Section
3303.
113. Prior to construction, A 24-inch by 36-inch weatherproof copy of the approved
Construction Management Plan shall be posted on the site as part of a job site sign
and located so as to be clearly readable from the public right-of-way. In addition to
the approved construction management plan, the sign shall include the following
information:
d. Address of the project site.
e. Permitted hours of construction and of deliveries/off-haul.
f. Name, e-mail address and direct phone number of the General Contractor.
g. Name, e-mail address and direct phone number of the person responsible for
managing the project.
h. Name and direct phone number of the party to call in case of an emergency.
i. City of Gilroy Code Enforcement Officer (408-846-0264).
114. The following provision to control traffic congestion, noise, and dust shall be followed
during site excavation, grading and construction: Unless otherwise provided for in a
validly issued permit or approval, construction activities shall be limited between the
hours of seven am and seven pm Monday through Friday and nine am to seven pm
on Saturday. These hours do not apply to construction work that takes place inside a
completely enclosed building and does not exceed the exterior ambient noise level
as measured 10 feet from the exterior property lines.
j. Construction Activities shall not occur on Sundays or city holidays which
include New Year’s Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas.
115. At the time of building permit plan submittal, the project developer shall submit a final
grading and drainage plan prepared by a licensed civil engineer depicting all final
grades (with accurate elevations above sea level indicated) and on-site drainage
control measures to prevent storm water runoff onto adjoining properties.
116. The applicant and/or developer shall submit a pad elevation certification prepared by
a licensed land surveyor or registered civil engineer to the Building Official certifying
that the pad elevation(s) and building location (setbacks) are pursuant to the
approved plans, prior to receiving a foundation inspection for the structure.
Resolution No. 2022-04
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117. The building(s) covered by this approval shall be designed and constructed to the
Title 24 Building Standards, including Building, Electrical, Mechanical, Plumbing,
Energy, Fire, Green Building and both State and Federal accessibility requirements
in effect and as amended by the City of Gilroy at the time of building permit submittal.
118. The project developer shall submit a Stormwater Pollution Prevention Plan (SWPPP)
to the City Engineer/Building Official for review and approval prior to the issuance of
a grading or building permit, whichever is sooner. A copy of the approved SWPPP,
including all approved amendments, shall be available at the project site for City
review until all engineering and building work is complete and City permits have been
finaled. A site specific SWPPP must be combined with proper and timely installation
of the Best Management Practices (BMPs), thorough and frequent inspections,
maintenance, and documentations. SWPPP for projects shall be kept up to date with
the projects’ progress. Failure to comply with the most updated construction SWPPP
may result in the issuance of correction notices, citations, and/ or stop work orders.
The project developer is responsible for implementing the following BMPs. These, as
well as any other applicable measures, shall be included in the SWPPP and
implemented as approved by the City.
a) The project developer shall include erosion control/stormwater quality measures
on the project grading plan which shall specifically address measures to prevent
soil, dirt, and debris from entering the public storm drain system. Such measures
may include, but are not limited to, hydroseeding, hay bales, sandbags, and
siltation fences and shall be subject to the review and approval of the City
Engineer/Building Official. If no grading plan is required, necessary erosion
control/stormwater quality measures shall be shown on the site plan submitted
for a building permit, and shall be subject to the review and approval of the
Building Division. The project developer is responsible for ensuring that the
contractor is aware of and implements such measures.
b) All cut and fill slopes shall be revegetated and stabilized after completion of
grading, but in no case later than October 15. Hydroseeding shall be
accomplished before September 15 and irrigated with a temporary irrigation
system to ensure that the vegetated areas are established before October 15.
No grading shall occur between October 15 and April 15 unless approved
erosion control/stormwater quality measures are in place, subject to the approval
of City Engineer/Building Official. Such measures shall be maintained until such
time as permanent landscaping is in place.
c) Gather all sorted construction debris on a regular basis and place in the
appropriate container for recycling; to be emptied at least on a weekly basis.
When appropriate, use tarps on the ground to collect fallen debris or splatters
that could contribute to stormwater runoff pollution.
Resolution No. 2022-04
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d) Remove all dirt, gravel, rubbish, refuse, and green waste from the street
pavement and storm drains adjoining the site. Limit construction access routes
onto the site and place gravel on them. Do not drive vehicles and equipment off
paved or graveled areas during wet weather. Broom sweep the street pavement
adjoining the project site on a daily basis. Scrape caked on mud and dirt from
these areas before sweeping.
e) Install filter materials (such as sandbags, filter fabric, etc.) at the storm drain inlet
nearest the downstream side of the project site in order to retain any debris or
dirt flowing in the storm drain system. Maintain and/or replace filter materials to
ensure effectiveness and to prevent street flooding.
f) Create a contained and covered area on the site for the storage of cement,
paints, oils, fertilizers, pesticides, or other materials used on the site that have
the potential of being discharged into the storm drain system by being windblown
or by being spilled.
g) Never clean machinery, equipment, tools, brushes, or rinse containers into a
street, gutter, or storm drain.
h) Ensure that concrete/gunite supply trucks or concrete/plaster operations do not
discharge wash water into a street, gutter, or storm drain.
i) Concrete wash area: 1) locate wash out area away from storm drains and open
ditches; 2) construct a temporary pit large enough to store the liquid and solid
waste; 3) clean the pit by allowing concrete to set; 4) break up the concrete; and
then 5) recycle or dispose of properly.
j) Equipment and vehicle maintenance area is not permitted; use an off-site repair
shop is strongly encouraged.
k) Operation and Maintenance Requirements - The project shall comply with the
following:
i. Repainting text near any drain inlets to state “No Dumping – Drains to Bay.”
ii. Ensuring maintenance of landscaping with minimal pesticide and fertilizer use.
iii. Ensuring no one is disposing of vehicle fluids, hazardous materials or rinse
water from cleaning tools, equipment or parts into storm drains.
iv. Cleaning all on-site storm drains at least twice a year with one cleaning
immediately prior to the rainy season. The City may require additional
cleanings.
v. Sweeping regularly but not less than once a month, driveways, sidewalks and
paved areas to minimize the accumulation of litter and debris. Corners and
hard to reach areas shall be swept manually. Debris from pressure washing
shall be trapped and collected to prevent entry into the storm drain system.
Wastewater containing any soap, cleaning agent or degreaser shall not be
discharged into the storm drain.
119. A construction trailer shall be allowed to be placed on the project site for daily
Resolution No. 2022-04
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administration/coordination purposes during the construction period. At no time shall
campers, trailers, motor homes, or any other vehicle be used as living or sleeping
quarters on the construction site. All such vehicles shall be removed from the site at
the end of each workday.
120. Portable toilets used during construction shall be emptied on a regular basis as
necessary to prevent odor.
121. The building shall be designed to include the green building measures specified as
mandatory in the application checklists contained in the California Green Building
Standards Code. The applicant shall incorporate the checklist along with a notation
on the checklist to specify where the information can be located on the plans, details,
or specifications, etc.
122. The applicant shall provide a site survey of entire parcel stamped and signed by a
Land Surveyor licensed by the State of California. The survey shall include, but not
be limited to, the following: location and dimensions of property line, location of
streets and easements, existing buildings, topographic contour lines,
trees/landscape, miscellaneous structures, etc. The purpose of the site survey is to
accurately verify compliance with items such as setback dimensions, heights of
buildings from established contours, compliance with heritage tree ordinance, etc.
123. All projects including food service or public pools, or spas shall be checked and
approved by the Santa Clara County Health Department prior to submittal for a
building permit.
124. A separate building permit shall be required for all shoring and scaffolding work.
Shoring/scaffolding plans, calculations, etc., shall be reviewed and approved by
Building Division. The applicant must obtain an encroachment permit from the Public
Works Department for scaffolding erected within the public right-of-way.
125. The applicant shall provide a stamped, signed, and dated soil investigation report
containing design recommendations to the Building Official. The classification shall
be based on observation and any necessary tests of materials disclosed by boring or
excavations made in appropriate locations. Additional studies may be necessary to
evaluate soil strength, the effect of moisture variation on soil-bearing capacity,
compressibility, liquefaction, seismically induced soil liquefaction, soil instability, and
expansiveness. Additionally, the applicant shall submit a stamped, signed, and
dated letter from the Geotechnical Engineer or Civil Engineer who prepared the soil
investigation stating the following:
a) The plans and specifications substantially conform to the recommendations in the
soil investigation.
Resolution No. 2022-04
Page 28
b) The Geotechnical Engineer or Civil Engineer who prepared the soil investigation
has been retained to provide soil site observation and provide periodic and final
reports to the City of Gilroy.
Prior to final inspection for any building or structure, the Geotechnical Engineer or
Civil Engineer who prepared the soil investigation shall issue a final report stating the
completed pad, foundation, finish grading and associated site work substantially
conform to the approved plans, specifications and investigations.
126. Demolition permit(s) shall be issued in accordance with Section 6.1 of the Gilroy
Municipal Code. Safeguards during construction shall be provided in accordance
with Chapter 33 of the California Building Code.
127. Acceptance of the plans does not release the developer from correction of mistakes,
errors, or omissions contained therein. If, during the course of construction, the public
interest requires a modification or a departure from these accepted plans, the City
shall have the authority to require such modifications or departure and specify the
manner in which the same is to be made.
128. All construction materials, debris and equipment shall be stored on site. If that is not
physically possible, an encroachment permit shall be obtained from the Department
of Public Works prior to placing any construction materials, debris, debris boxes or
unlicensed equipment in the right-of-way. The placing of portable restroom facilities
in the City right-of-way will not be permitted.
129. All portions of the job site shall be maintained in an organized and professional
condition. All trash, debris, construction scraps and broken/deteriorated machinery
shall be removed from the site at the end of each week. If off loaded construction
materials are not used within 2 weeks, they shall be screened from view. All
sidewalks, driveways and public/private roadways fronting the subject site shall be
broom cleaned at the end of each business day.
PASSED AND ADOPTED this 3rd day of February 2022 by the following roll call vote:
AYES: Fischer, Lewis, Bhandal, Jezabel Moreno, and Elle
NOES: None
ABSENT: Doyle, Ridley
ATTEST: APPROVED:
_____________________________ ______________________________
Kraig Tambornini, Senior Planner Tom Fischer, Chairperson
Tom Fischer (Feb 4, 2022 15:22 PST)