Resolution No. 2022-13 | TM 22-01 Subdivide 3.70-Acre Site Create Single-Family Residential Lots 700 West 6th Street | Adopted 07/07/2022 RESOLUTION NO. 2021-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE
MAP (TM 22-01), TO SUBDIVIDE A 3.70-ACRE SITE, TO CREATE19
SINGLE-FAMILY RESIDENTIAL LOTS, WITH 0.26 ACRES TO BE USED AS
PRIVATE OPEN SPACE AND 0.35 ACRES TO BE USED FOR A PRIVATE
COURT, LOCATED AT 700 WEST 6TH STREET (APN: 799-26-
033/037/049/050/051/052 FILED BY WARMINGTON RESIDENTIAL, 4160
DUBLIN BLVD., SUITE 101, DUBLIN, CA 94568.
WHEREAS, on May 11, 2022 an application submitted by Warmington Residential
requesting approval of tentative map (TM 22-01), and related AS 22-01 and Z 22-01, were
accepted as complete to allow for the subdivision of a 3.70-acre site into 19 residential lots and
associated off-site/on-site improvements, located on 700 W 6th Street; and
WHEREAS, the project has been determined to be exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of the California Environmental
Quality Act Guidelines the project is exempt from the provisions of CEQA and does not require
preparation of environmental documents as the proposed residential redevelopment will occur on
an urban infill site less than 5 acres in size, which can be adequately served by all required utilities
and public services, and that is consistent with the Gilroy 2040 General Plan residential land use
designation; and
WHEREAS, said tentative map was referred to various public utility companies and City
departments, including the Technical Advisory Committee for recommendations; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed
project on July 07, 2022, at which public hearing the Commission considered the proposed project
and concurrent zone change request Z 22-01, staff report as well as all evidence received including
written and oral public testimony related to the project TM 22-01; 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:
In order to deny the map, the Council would have to make one of the eight listed findings
described in Government Code Section 66474 based upon substantial evidence in the record. The
eight findings are listed below, along with an explanation for each one as to why the Council
cannot make the finding:
A. The proposed subdivision TM 22-01 is not consistent with applicable general and specific
plans as specified in 65451.
This Finding cannot be made. The proposed subdivision TM 22-01 is generally consistent with
the goals and policies of the City’s General Plan;
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 2
B. That the design or improvement of the proposed subdivision TM 22-01 is not consistent
with applicable general plan.
This Finding cannot be made. The proposed subdivision TM 22-01 is generally consistent with
the goals and policies of the City’s General Plan;
C. That the site is not physically suitable for the type of development.
This Finding cannot be made. The site is physically suitable for this type of development because
it is generally consistent with the City’s Zoning Ordinance, Subdivision and Land Development
Code;
D. That the site is not physically suitable for the proposed density of development.
This Finding cannot be made. The site is physically suitable for this type of development because
it is generally consistent with the City’s Zoning Ordinance and the Low Density Residential
General Plan landuse designation;
E. That the design of the proposed subdivision TM 22-01 or the proposed improvements are
likely to cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
This Finding cannot be made. The design of the subdivision and the proposed improvements will
not cause substantial environmental damage, or substantially injure fish or wildlife because the
site is located within a developed urban context and is not in or adjacent to any sensitive habitat
areas;
F. That the design of the subdivision or type of improvements is likely to cause serious
public health problems.
This Finding cannot be made. The design of the proposed subdivision TM 22-01 will not cause
serious public health problems because the site is located within an urban context and has access
to urban services including sewer and water; and
G. That the design of the proposed subdivision TM 22-01 or the type of improvements will
conflict with easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the governing body may approve a map if it
finds that alternate easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This subsection shall apply only
to easements of record or to easements established by judgment of a court of competent jurisdiction
and no authority is hereby granted to a legislative body to determine that the public at large has
acquired easements for access through or use of property within the proposed subdivision.
This Finding cannot be made. The design of the proposed subdivision TM 22-01 will not conflict
with access easements because there are no known existing access easements encumbering this
property.
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 3
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 22-01
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 22-01 is granted to
subdivide a 3.69-acre site into 19 lots, located at 700 W 6th St., located on Assessor Parcel
No. 799-26-033/037/049/050/051/052 as shown on Project Plans dated as received by the
Planning Division on June 10, 2022, prepared by Warmington Residential, dated March
25, 2022, and consisting of 57 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 22-01 and Z 22-01 (i.e. related and/or concurrent
entitlement requests).
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.
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 4
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.
The following conditions shall be addressed prior to issuance of any BUILDING PERMIT,
GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise
specified in the condition.
8. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a
reproduction of all conditions of approval of this permit, as adopted by the decision-
maker.
9. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall submit a Habitat Permit application to the City of Gilroy. The application
shall consist of the application processing fee, Santa Clara Valley Habitat Plan Application
For Private Projects and Fees and Conditions Worksheet (available on the Santa Clara
Valley Habitat Agency website: https://www.scv-habitatagency.org/). 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.
10. 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.
11. 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.
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 5
12. 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.
13. 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.
14. 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 recorded.
The following STANDARD CONDITIONS OF APPROVAL shall apply to the development of
the site during all phases of construction.
15. 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:
•All 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.
16. 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 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
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 6
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.
17. SPECIAL STATUS SPECIES PROTECTION: Prior to the issuance of a grading
permit, a pre-construction survey shall be conducted by a qualified biologist to confirm
that the California red-legged frog, California tiger salamander and American badger are
not on the project site. If any of these species are identified onsite or 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 on site, and on-
site monitoring by a qualified biologist or trained biological monitor.
18. 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
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 7
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.
19. 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.
20. 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.
21. WATER EFFICIENT IRRIGATION: Implementation of the requirements of Article
XXXVIII. Landscaping, Water Efficiency, and Storm Water Retention and Treatment will
reduce water use.
22. STREET TREES: Street trees to be replanted on 6th St. and Princevalle shall be of a City
approved species other than Bloodgood London Plane Tree.
PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project
ENTITLEMENT(S); and which shall be addressed on the construction plans submitted for
any BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be
satisfied prior to issuance of whichever permit is issued first, or if another deadline is
specified in a condition, at that time.
23. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the
time of first improvement plan submittal, the applicant shall submit a $20,000.00 (Twenty
thousand dollar) initial deposit for project plan check and construction inspection. This
deposit will be credited/accounted toward final plan check and inspection fee for the
project. In addition, the applicant shall submit a detailed project cost estimate prepared by
the project engineer, to approval of the City Engineer, with the initial project plan
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 8
submittal. The cost estimate shall be broken out into on-site and off-site improvements.
Prior to plan approval, the applicant shall pay 100% of the plan check and inspection fee
based on the approved project cost estimate. Public Works will not sign-off on the
issuance of the project building permit without full payment of this plan check and
inspection fee. (PUBLIC WORKS).
24. PLAN SUBMITTAL: The Engineering project plans shall be submitted, in full, per the
Public Works Engineering Submittal Checklist. Improvement plans are required for both
on-site and off- site improvements, and the improvement plan set cover sheet shall include
an index referencing on-site and off-site improvements. All improvements shall be
designed and constructed in accordance with the City of Gilroy Municipal Code and
Standard Specifications and Details and are subject to all laws of the City of Gilroy by
reference. The improvement plans shall include all civil project plans including, but not
limited to, site plans, grading plans, utility plans, joint trench, off-site plans, lighting
(photometric) plans, and landscaping plans. The plans shall clearly identify both public
and private utilities. The improvement plans shall be submitted per the Public Works
Engineering Submittal Checklist provided by the City, and available on the City website.
In addition:
a. 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;
b. 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;
c. The improvement plan submittal, including utility sheets, shall show appropriate
line types and labels to identify different type of utilities and pipe sizes. Utility
boxes, hydrants, backflow preventers, etc. shall be relocated/installed behind the
back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved Conditions
of Approval;
e. Improvement plans shall include General Notes found in the City of Gilroy General
Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering submittal
checklist, which can be found in the City’s website. At first submittal, a completed
checklist shall be included in the submittal package and shall show which items
have been included.
g. The improvement plan cover sheet shall include a table summarizing all facilities
(Streets, Utilities, Parks, Landscaping, etc.), showing the ownership of all facilities,
access rights to, and the maintenance responsibilities of all facilities;
h. Improvement and grading plans shall show existing topo and features at least 50’
beyond the project boundary. The plan shall clearly show existing topo, label
contour elevations, drainage patterns, flow lines, slopes, and all other property
encumbrances;
i. 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 Haul Permit is required.
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 9
A statement indicating the need to obtain a Haul Permit must be added as a general
note to the Grading and Drainage Plan;
j. All grading and improvement plans shall identify the vertical elevation datum, date
of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An
existing site plan shall be submitted showing all existing site conditions and title
report easements. The plan shall include bearing and distance information for all
right-of-way and easements;
l. The plan shall show any proposed easements to be dedicated for any needed
purpose, or any easement expected to be abandoned through separate instrument.
This includes PUE, PSE, EVAE, Cross-Property Access Easement, Landscape
Easement, Drainage Easement, Pole Line Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts between disciplines,
the applicant shall provide a “composite exhibit” showing Civil, Landscape,
Electrical, and Joint Trench design information (as a separate sheet titled
“Composite Plan”) to confirm that there are no conflicts;
n. All Solid Waste Vehicle circulation movements shall be modeled and shown on a
separate plan sheet. The circulation plan shall be prepared to the City Engineer’s
satisfaction, and modeled using AutoTurn swept analysis software, and shall
include all turning and street circulation movements;
o. All Emergency Vehicle circulation movements shall be modeled and shown on a
separate plan sheet. The circulation plan shall be prepared to the City Engineer’s
satisfaction, and modeled using AutoTurn swept analysis software, and shall
include all turning and street circulation movements;
p. All utility boxes exposed to or near to (and not necessarily exposed to) traffic or in
a driveway, including sanitary sewer and/or water meter boxes, shall have traffic-
rated boxes and lids (PUBLIC WORKS)
25. UTILITY PLANS: A utility plan shall be provided for all projects as specified within
these conditions of approval. To ensure coordination between the applicant and the
relevant utility company:
a. The applicant 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 applicant shall negotiate any necessary right-of-way or easement with PG&E,
or any other utilities, subject to the review and approval by the Engineering
Division and the utility companies.
c. A “Will Serve Letter” shall be provided for each utility company expected to
service the subdivision. Early coordination with the utility companies is necessary
to obtain this letter. Coordination of City utilities shall be through the Engineering
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 10
Division.
d. 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. (PUBLIC WORKS)
26. UTILITY RESPONSIBILITIES: Storm, sewer, & water utilities in private areas shall be privately owned
and privately maintained. Conversely, public utilities within utility easements on private property remain the
responsibility of the individual utility companies to maintain. The plans shall note the inspection, ownership
and maintenance responsibility for each utility shown on the plans within a Table of Responsibilities on the
project cover sheet of the improvement plans submitted with the initial plan submittal. The table shall
include the list of streets, the responsible party for inspection of the improvements, who is responsible for the
ownership of the utility, and who is responsible for the maintenance of the utility. An example of this table,
including the types of utilities to be listed, can be provided by the Engineering Division upon request.
(PUBLIC WORKS)
27. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be prepared by a
registered professional engineer experienced in preparing these types of plans. The applicant shall submit,
with the improvement plans submitted with the initial plan submittal, a letter from the design Electrical or
Civil Engineer that states the electrical plan conform to City Codes and Standards, and to the approved
improvement plans. The letter shall be signed and stamped by the professional engineer that prepares the
improvement plans. (PUBLIC WORKS)
28. EXISTING FACILITIES PROTECTION: 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. (PUBLIC WORKS)
29. WATER QUALITY: Project design shall comply with the Stormwater Management
Guidance Manual for Low Impact Development & Post-Construction Requirements. The
applicant shall submit the Source Control Checklist as well as the appropriate Performance
Requirements Checklist found in Appendix A of the manual at the time of the initial
submittal for building permit. The manual can be found at the following site:
www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)
30. DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The developer is responsible for
ensuring that all contractors are aware of all storm water qual ity 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. (PUBLIC WORKS)
31. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all construction activities in
accordance with Gilroy Municipal Code Section 27C, Municipal Storm Water Quality Protection and
Discharge Controls, and Section E.10, Construction Site Storm Water Run-Off Control Program of the
Regional NPDES Permit. Detailed information can be located at:
www.flowstobay.org/documents/business/construction/SWPPP.pdf. This sheet shall be printed and included
in all building construction plan sets permitted for construction in the City of Gilroy. (PUBLIC WORKS)
32. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire
Hydrant flow test to confirm the 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. Applicant shall coordinate with Fire Department for the Fire Hydrant flow test.
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 11
The flow test results shall be submitted with the initial plan submittal. (PUBLIC WORKS)
33. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water, sewer, storm
drain or traffic studies for the development deemed appropriate by the City Engineer. These studies shall
provide the supporting hydraulic calculation for pipe sizing per the City Standard Design Guidelines. The
study shall be reviewed and approved by Engineering. If the results of the study indicate that this
development contributes to the over-capacity of the trunk line, the applicant will be required to mitigate the
impact by removing and replacing or upsizing of the existing utilities to accommodate the appropriate level
of project flows to the approval of the City Engineer. The improvements shall be addressed on the
construction drawings, to the approval of the City Engineer, prior to the issuance of the first building permit.
(PUBLIC WORKS)
34. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees. The City’s latest impact fee
schedule is available on the City’s website. Payment of all Impact Fees is required at first
building permit issuance. Fees shall be based on the current fee schedule in effect at the
time of fee payment, consistent with and in accordance with City policy. Note that impact
fees increase at the beginning of each fiscal year, Jul y 1. Specific fee language is provided
further in these conditions of approval. (PUBLIC WORKS)
35. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the
applicant 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 off-site drainage patterns, i.e., tributary areas, drainage amount, and
velocity shall not be altered by the development. The plan shall be to the approval of the
City Engineer and shall be approved prior to the issuance of the building permit. (PUBLIC
WORKS)
36. STORMWATER CONTROL PLAN: At first improvement plan submittal, the applicant 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. The 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. The plan shall
provide a separate hatch or shading for landscaping/pervious areas on-site including those areas that are not
bio-retention areas. This stormwater control plan report format does not replace or is not in -lieu of any
stormwater control plan sheet in the improvement plans. The stormwater control plan shall include a signed
Performance Requirement Certifications specified in the Stormwater Guidance Manual. At applicant’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 submittal and approved by the City Engineer
prior to the issuance of the first building permit. (PUBLIC WORKS)
37. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all
existing improvements not designated for removal, and all new improvements that are
damaged during construction or removed because of the applicant’s operations. The
applicant shall request a walk-through with the Engineering Construction Inspector before
the start of construction to verify existing conditions. Said repairs shall be completed prior
to the first occupancy of the project. (PUBLIC WORKS)
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 12
38. TRIANGULAR AREA OF VISIBILITY : Landscaping and permanent structures
located within the 10' triangular area of visibility at the driveway, and 45’ triangular area
of visibility at any project corner, shall have a minimum vertical clearance of 9’, and/or be
less than 2’ in height. This includes all PG&E above ground structures and other utility
facilities. The sight triangle shall be shown on the site civil plans, to the approval of the
City Engineer, to demonstrate this condition. (PUBLIC WORKS)
39. DRIVEWAY DESIGN: Driveway grades shall be designed 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 on the site civil plans to the satisfaction of the City Engineer. (PUBLIC WORKS)
40. GRADING & DRAINAGE: All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. There shall be no earthwork
disturbance or grading activities between October 15th and April 15th unless otherwise
approved by the City Engineer. If approved, the applicant shall submit a Winterization
Erosion Control Plan to the City Engineer for review and approval. This plan shall
incorporate erosion control devices and other techniques in accordance with Gilroy
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. A
project WDID# shall be added to the grading plans prior to plan approval. (PUBLIC
WORKS)
41. GEOTECHNICAL ENGINEER: 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 the recommendations or the project
geotechnical study, 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.
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
applicant shall add this condition to the general notes on the grading plan.
Certification of grades and compaction are required prior to Building Permit final. This
statement must be added as a general note to the Grading and Drainage Plan. (PUBLIC
WORKS)
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 13
42. STREET TREES REMOVAL: The street trees identified as 329 & 323 are to remain.
All other trees are to be removed. Removed trees shall be replaced with 48-inch box trees.
If trees 329 and 323 are deemed necessary for removal for necessary and specific reasons
at final design, they will be removed with City Engineer approval. (PUBLIC WORKS)
43. TREE REMOVAL EXHIBIT: At initial design submittal, the developer shall submit for
City review a tree removal exhibit as part of the plan set, that clearly indicates which trees
are to be removed and which trees are to be preserved. The exhibit shall also include a tree
protection detail explain how the existing trees are going to be protected in place during
construction. (PUBLIC WORKS)
44. TREE REMOVAL PERMIT: The applicant shall obtain a Tree Removal Permit from
the Engineering Division for removal of existing trees in the public right-of-way, prior to
the issuance of a building permit or demolition building permit, whichever is issued first.
(PUBLIC WORKS)
45. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must
obtain an encroachment permit, posting the required bonds and insurance, and provide a
one (1) year warranty for all work to be done in the City's right-of-way or City easement.
This encroachment permit shall be obtained prior to the issuance of a foundation building
permit and prior to any work being done in the City's right-of-way. All existing public
utilities shall be protected in place and if necessary, relocated as approved by the City
Engineer. No permanent structures are permitted within the City right-of-way, or within
any City easement unless otherwise approved by the City Engineer. The applicant shall
have street improvement plans prepared for all work in the public right-of-way by a
licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Prior to
issuance of the encroachment permit, the applicant shall submit any applicable pedestrian
or traffic control plans for any lane or sidewalk closures. The traffic control plan shall
comply with the State of California Manual of Uniform Traffic Control Devices
(MUTCD), and standard construction practices. [(For major street improvements)
Construction plans for improvements in the right-of-way shall be submitted to the City
Engineer at 30%, 60%, and 90% design for review. All design assumptions and criteria
shall be submitted with each phase of design submittal. Project specifications shall be
included for review with the 90% design review.]
Final construction plans and specifications shall be approved by the City Engineer, and
released for construction, prior to the issuance of the encroachment permit. The applicant
is required to confirm the location of existing utility lines along the project frontage by
potholing. Prior to any potholing, applicant shall submit a pothole plan for City review
and approval. Applicant shall provide the pothole result to the City Engineer prior to final
design. Right-of-way improvements shall include, at a minimum, the following items:
(PUBLIC WORKS)
a. STREET WIDENING: The applicant shall widen Princevalle. The applicant shall
install new street section, curb, gutter, and sidewalk and relocate affected utilities
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 14
as directed by the City Engineer. All work shall be shown on the required
improvement plans.
b. STREET TREES: The applicant shall plant street trees along the project frontage
to match the City of Gilroy’s Street Tree Plan in effect at the time of construction.
The street tree plans shall be per City Standard Drawings and will include City
Standard tree grates.
c. TREE GRATES: The applicant shall install City Standard Tree Grates as
specified in the approved plans. Tree grates shall be 4’x6’, model OT-T24 by
Urban Accessories, and shall be black power coated. The tree grates shall be
shown on the improvement plans to be located at the back of curb to the approval
of the City Engineer and shall be installed with the street trees prior to the first
occupancy.
d. STREET MARKINGS: The applicant shall install necessary street markings of a
material and design approved by the City Engineer and replace any that are
damaged during construction. These include but are not limited to all pavement
markings, painted curbs, and handicap markings. All permanent pavement
markings shall be thermoplastic and comply with Caltrans Standards. Color and
location of painted curbs shall be shown on the plans and are subject to approval by
the City Engineer. Any existing painted curb or pavement markings no longer
required shall be removed by grinding if thermoplastic, or sand blasting if in paint.
e. SIDEWALK: The applicant shall replace to existing City standards all sidewalk
surrounding the project site. The actual amount of sidewalk to be replaced shall be
determined by the Public Works Construction Inspector in the field prior to
construction. Sidewalk replacement shall be constructed per the City Standard
Drawings.
f. CURB RAMP(S): The applicant shall construct 4 curb ramps in accordance with
the latest Caltrans State Standard Drawing at the Princevalle & W 6th St
intersection. The actual ramp "Case" shall be identified on the plans and shall be to
the approval of the City Engineer.
g. DRIVEWAY APPROACHES: The applicant shall install driveway approaches as
shown on the approved plans. The new residential driveway approaches shall be
constructed per the City Standard Drawing.
h. DRIVEWAY REMOVAL: The applicant is to remove the existing driveway
approaches located along the project frontage as shown on the approved A&S
application plans, and replace them with sidewalk, curb, and gutter per the City
Standard Drawing.
i. SEWER LATERAL: The applicant shall install as a minimum a four (4) inch City
Standard sewer lateral connection from the property line to the sewer main located
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 15
in the street right-of-way for each proposed lot. The installation shall be done in
accordance with the City Standard Drawing SWR-6 including a 6" property line
clean-out.
j. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out at the
property line for each proposed lot in accordance with the City Standard Drawing
SWR-6.
k. SANITARY SEWER MANHOLES: The applicant shall install standard sanitary
sewer manholes, per approved plans and in accordance with the City Standard
Drawing.
l. STORM WATER CATCH BASINS: The applicant shall install standard storm
water catch basins, in accordance with the City Standard Drawing.
m. STREET LIGHTS: The applicant shall provide and install standard aluminum
electrolier street lights per City Standard Drawing EL-1 to EL-5. The applicant is
responsible for all PG&E service fees and hook-up charges. Any new service point
connection required to power the new lights shall be shown on the construction
drawings along with the conduit, pull boxes and other items necessary to install the
street lights. An Isometric lighting level needs to be provided by the
designer/contractor. A separate light study may be required by the City Engineer.
The new street light shall have 32’ mounting height per Standard Drawing EL-3,
with mounting arm length per Standard Drawing EL-4, the Fixture shall be Leotek
GC1 or GC2 series in an approved configuration per detail EL-2 or approved equal.
The arm shall be installed at the location as shown on the approved plans.
n. FIRE HYDRANTS: The applicant shall install new fire hydrants along the project
frontage. Spacing shall meet City and Fire Marshall requirements.
46. 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 in acceptable above ground locations approved by the Planning
Director and the City Engineer. Underground utility plans must be submitted to the City
prior to installation. (PUBLIC WORKS)
47. STREET LIGHTING STANDARDS: The applicant shall submit plans for
street/sidewalk showing lighting levels to Illuminating Engineering Society (IES)
Standards. The plan shall comply with lighting requirements as follows:
a. Arterial Streets: 1.0 fc average. 3/1 average to minimum uniformity. 0.34 fc
minimum
b. Collector/Local Streets: 0.6 fc average. 4/1 average to minimum uniformity. 0.2
fc minimum
c. Local Streets: 0.4 fc average. 6/1 average to minimum uniformity. 0.07fc
minimum.
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 16
d. High Volume Intersections: 1.1fc average. 3/1 average to minimum uniformity.
0.4 fc minimum.
e. Low Volume Intersections: 0.7 fc average. 4/1 average to minimum uniformity.
0.2 fc minimum.
The applicant shall submit a photometric plan identifying how these lighting levels are
being met given the site geometrics, using the City Standard street lights, and a Type III
lighting distribution. The width of the street shall, and lighting levels shall determine the
lighting spacing. Street lights and pull boxes shall be installed in the planter strip if one is
present, or behind the back of walk where feasible so as to maintain sidewalk clear of
obstructions to the approval of the City Engineer. The photometric plan shall be approved
prior to the issuance of the building permit. (PUBLIC WORKS)
48. FENCES AND OTHER PERMANENT STRUCTURES WITHIN CITY RIGHT-OF-
WAY: The applicant shall locate all project fencing and foundation of a permanent nature
within the project’s property and out of the City right-of-way whenever possible. If
located within the City right-of-way, the applicant shall have a license agreement recorded
against the owner’s property that indemnifies and holds harmless the City. The license
agreement shall also include language in which the applicant agrees to allow access to any
utility company wishing to have access to the public right-of-way for existing or new
utility installation. The license agreement shall also include language that requires the
removal of the fence and foundation, at the owner’s expense, should the City desire to use
the right-of-way for street, sidewalk or other purposes identified by the City Engineer.
The license agreement shall be approved as to form by the City Attorney’s Office and shall
be recorded against the owner’s property prior to the issuance of any City encroachment
permit. (PUBLIC WORKS)
49. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water Program’s
requirements, the applicant shall mark with the words “No Dumping! Flows to Bay,” or
equivalent, using methods approved by the City standards on all storm inlets surrounding
and within the project parcel. Furthermore, storm drains shall be designed to serve
exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not
permitted in the City of Gilroy. (PUBLIC WORKS)
50. GARBAGE/RECYCLE STORAGE AND SERVICE: The applicant shall provide an
adequate area for the purposes of storing garbage and recycling collection containers for
scheduled servicing by the franchise solid waste collection service. If required, the
containers may be placed on the street within the loading zone for a maximum of two
hours; one hour prior to the scheduled servicing time and must be removed from the street
within one hour after the service. The containers shall be placed at the service location
allowing enough room for the truck to safely approach the containers. The collection
containers shall be brought to the service area on the day of service and returned to the
storage enclosure by the property owner. The containers are not to be in public view or in
the public right-of-way prior to, or beyond the scheduled service times. A letter shall be
provided, to the approval of the City Engineer, from the City’s franchise solid waste
collection service provider (Recology) confirming serviceability and site accessibility of
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 17
the solid waste pickup as designed and shown on the project plans. Contact Recology at
408-842-3358. (PUBLIC WORKS)
51. UNDERGROUND FRONTAGE UTILITY LINES: The applicant must underground all
overhead utilities, and remove all related utility poles, along the project frontage from
utility pole to utility pole. The applicant shall be responsible for the coordination with all
utility companies existing on the poles and coordinate for their undergrounding or
relocation as necessary so that the project frontage is free from utilities to the approval of
the City Engineer. The applicant shall submit plans for this undergrounding work with the
civil plans submitted with the first building permit. Permitting for this undergrounding
work shall occur prior to the issuance of the first building permit unless otherwise
approved by the City Engineer. (PUBLIC WORKS)
52. DRAINAGE: Drainage improvements made on-site shall conform to standard engineering
practices and shall not allow any site drainage to impact adjacent properties. All drainage
capacity calculations shall be performed by a licensed Civil Engineer, whose signed
engineer’s stamp shall appear on the calculations sheets and shall be submitted to the City
for review and approval with the project civil plans.
If the project is proposing to connect to an existing storm drain system within or
downstream from the site, the design engineer shall provide calculations with the final
design plans to demonstrate that the downstream drainage system has adequate capacity to
accommodate the additional site flows being added to the system for the design storm per
City Standards. The calculations shall be to the approval of the City Engineer prior to the
issuance of the first building permit. (PUBLIC WORKS)
53. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall
submit results from a third-party review of the project’s stormwater design. The results
shall confirm that the project is complying with requirements set in the City of Gilroy
Stormwater Management Guidance Manual for Low Impact Development and Post-
Construction Requirements. (PUBLIC WORKS)
54. SITE LANDSCAPING COORDINATION: The site landscaping needs to be
coordinated between the stormwater treatment area and the overall site landscaping plan
area. The landscaping within the stormwater treatment area will not count towards the site
landscaping requirement. Stormwater treatment areas should be identified on the site first,
and then site landscaping to make sure the correct plant material is identified for each area.
Some site landscaping plant material may not be suitable in stormwater treatment areas
due to the nature of the facility. Sewer facilities cannot be aligned through stormwater
treatment facilities. It is the applicant’s responsibility to coordinate the civil stormwater
treatment facilities and the plans from the project landscaper. (PUBLIC WORKS)
55. ADDRESS PLAN: The applicant shall submit to the Public Works Department a
proposed street naming and street address plan. Applicant shall contact the planning
department to obtain a list of potential street names. The applicant shall make suggested
street names, which will be forwarded and confirmed or changed by the City’s street
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 18
naming committee. The plan shall be substantially in conformance with the address plan
approved with the Arch & Site application. Said submittal shall be approved by the City
Engineer and City Street Naming Committee prior to the submittal of plans for any
demolition permit, building permit, or site development permit and shall be satisfied prior
to issuance of whichever permit is issued first. (PUBLIC WORKS)
56. CDS UNIT: At final design a post construction device, CDS unit or equivalent, shall be
incorporated into the onsite storm drain system prior to discharging into the Public Storm
Drain System. Update the Stormwater Control Plan to include all relevant sizing
calculations and CDS information. (PUBLIC WORKS)
57. PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all
applicable permits from federal, state, and local agencies as required to construct the
proposed improvements. The applicant is hereby informed that permits may be required
by one (1) or more of the following: Army Corps of Engineers, UPRR, Fish and Wildlife,
Regional Water Quality Control Board, Santa Clara County Roads and Airports, Santa
Clara Valley Water District or Habitat Permit. If project is within jurisdiction of any of
these agencies, verification of permit or waiver of permit must be given to the Public
Works Department prior to issuance of any required City permits. If the City is required to
be a party to the permit application and a fee is required, the applicant shall reimburse the
City for its cost. A copy of these permits shall be provided to the satisfaction of the City
Engineer prior to the issuance of the building permit. (PUBLIC WORKS)
58. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to
prove funding towards additional tree planting in the City. The fee is based on the amount
of added hardscape the project is adding. The estimated impact fee, based on the approved
plans, is $378.00. This fee is only an estimate. The actual impact fee will be calculated
based on building permit plans submitted, and the fees approved by the City Council in
place at the time of the building permit submittal. The fee shall be collected by the Public
Works Department and paid prior to Council Approval. (PUBLIC WORKS)
59. IMPACT FEE CREDIT: This project will be subject to impact fee credits due to existing
facilities on the current project site. The following impact fee credits will be applied to
this project. The following fees will be deducted from the total new project impact fees:
Storm Impact: $2,143.89
Street Trees: $361.20
Traffic Impact: $240,027
Sewer Impact: $45,110.25
Water Impact: $20,466.22
Public Facilities Impact: $101,089.95
(PUBLIC WORKS)
60. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to
the project's share of storm drainage flowing off-site and shall be used to enhance the
City’s storm drainage system based on the recommendations of the adopted Storm
Drainage Master Plan. The estimated impact fee, based on the approved plans, is
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 19
$2,213.00. This fee is only an estimate. The actual impact fee will be calculated based on
building permit plans submitted, and the fees approved by the City Council in place at the
time of the building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to Council Approval. (PUBLIC WORKS)
61. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee
proportional to the project’s share of the increase amount of sewage generated by the
project, which shall be used to enhance the City’s sewer system based on the adopted
Sewer Master Plan. The estimated impact fee, based on the approved plans, is
$251,978.00. This fee is only an estimate. The actual impact fee will be calculated based
on building permit plans submitted, and the fees approved by the City Council in place at
the time of the building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. At first improvement
plan submittal, applicant’s engineer shall submit a calculation for sanitary sewer and water
generation per the City’s Master Plan design criteria. The fee shall be collected by the
Public Works Department and paid prior to issuance of the first building permit. (PUBLIC
WORKS)
62. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional
to the project's share of impact to the City’s water system, and the water needs of the
development. The fee shall be used to fund improvements identified in the City’s Water
Master Plan. The estimated impact fee, based on the approved plans, is $86,564.00. This
fee is only an estimate. The actual impact fee will be calculated based on building permit
plans submitted, and the fees approved by the City Council in place at the time of the
building permit submittal. At first improvement plan submittal, applicant’s engineer shall
submit a calculation for water generation per the City’s Master Plan design criteria. The
fee shall be collected by the Public Works Department and paid prior to issuance of the
first building permit. (PUBLIC WORKS)
63. TRANSPORTATION IMPROVEMENT FEE: The applicant shall pay a fee
proportional to the project's share of transportation improvements needed to serve
cumulative development within the City of Gilroy. The funds shall be used to fund
improvements identified in the City Traffic Circulation Master Plan. The estimated impact
fee, based on the approved plans, is $247,228.00. This fee is only an estimate. The actual
impact fee will be calculated based on building permit plans submitted, and the fees
approved by the City Council in place at the time of the building permit submittal. The
fee shall be collected by the Public Works Department and paid prior to issuance of the
first building permit. (PUBLIC WORKS)
64. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to the
project’s share of the increase to the use of City Public facilities. The estimated impact
fee, based on the approved plans, is $429,723.00. This fee is only an estimate. The actual
impact fee will be calculated based on building permit plans submitted, and the fees
approved by the City Council in place at the time of the building permit submittal. The
fee shall be collected by the Public Works Department and paid prior to issuance of the
first building permit. (PUBLIC WORKS)
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 20
65. CONSTRUCTION NOTICING: At least two weeks prior to commencement of any on
or off-site work, the applicant shall post at the site, and to property owners 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. Noticing shall be in both English and Spanish. The notice shall be
submitted for review to the approval of the City Engineer two weeks prior to the issuance
of the building permit. (PUBLIC WORKS)
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL
MAP, or if another deadline is specified in a condition, at that time.
66. DEDICATION OF EASEMENT: The applicant shall dedicate a 16-foot PUE along the
frontage of Princevalle St. to the City for public utilities. Other easements (PUE, EVAE,
etc.) on new onsite streets shall also be dedicated. The easement shall be conveyed by
tract map. The applicant shall prepare the easement conveyance documents for review to
the approval of the City Engineer. The easement shall be recorded with the County of
Santa Clara prior to the issuance of the building permit. (PUBLIC WORKS)
67. SUBDIVISION (FINAL) MAP: The applicant shall have a subdivision map, prepared by
a person authorized to practice land surveying in California, delineating all parcels created
or deleted and all changes in lot lines in conformance with the Gilroy Municipal Code.
The Final Subdivision Map shall be approved by the Department of Public Works and
recorded by the County Recorder’s Office prior to the issuance of the first building permit.
A map guarantee shall be submitted to the City, by the applicant’s title company, prior to
release of the map to the title company for recordation. Prior to the City’s release of the
parcel map to the title company, the applicant may, at the discretion of the City Engineer,
be required to submit to the City an electronic copy of the map in the AutoCAD Version
being used by the City at the time of recordation. It is the applicant's responsibility to
check with their title company and the County Recorder’s Office to determine the time
necessary to have the map recorded after City approval.
The Subdivision (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
Subdivision (Final) Map is deemed technically correct, and Improvement Plans with
supporting documents, reports and agreements are approved by the City. Executed
Subdivision (Final) Map shall be returned to the City Public Works Department if
Subdivision (Final) Map has not been filed in the County Recorder’s Office within ninety
(90) days from the date of City Council’s approval. (Note: This item to also be added for
condominium projects.) (PUBLIC WORKS)
68. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a
public improvement agreement with the City per Gov. Code Section 66462(a) and shall
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 21
arrange to provide Payment and Performance bonds each for 100% of the cost of public
infrastructure improvements to be constructed in the public right-of-way. These
improvements shall include, but not be limited to, roadway construction, sidewalk, curb
and gutter, water lines, storm lines, sewer lines, street lights, and signal equipment. City
Standard insurance shall be provided per the terms of the agreement. The agreement will
be forwarded to the City Council for approval with project final map. The PIA shall be
approved by the City Council prior to the issuance of the project building permit.
(PUBLIC WORKS)
69. MONUMENTS: The applicant shall arrange for the engineer to have all monuments set
per the recorded final map. A certificate letter by the Surveyor or Engineer will be
provided to the City Engineer. (PUBLIC WORKS)
70. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall
prepare project Covenants, Conditions and Restrictions (CC&R) for the project. The
CC&Rs shall be submitted with the project map for review and approval of the City
Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall include
relevant project Conditions of Approval and shall include language that restricts the
Homeowner’s Association from making changes to the CC&Rs without first obtaining
approval from the City. The CC&Rs shall be reviewed and approved prior to the City
Council approval of the project map. (PUBLIC WORKS)
71. RECORD DRAWINGS: The applicant shall submit one full set of original record
drawings and construction specifications for all off-site improvements to the Department
of Public Works. All underground facilities shall be shown on the record drawings as
constructed in the field. The applicant shall also provide the City with an electronic copy
of the record drawings in the AutoCAD Version being used by the City at the time of
completion of the work. The applicant shall also submit an AutoCAD drawing file of all
consultants composite basemap linework showing all public improvements and utility
layouts. This condition shall be met prior to the release of utilities, final inspection, or
issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)
72. PAVEMENT RESTORATION: Due to construction activities, new project utility cuts ,
degraded road conditions, and the anticipated project’s truck traffic the applicant shall
grind and overlay with 2-inches of asphalt concrete Princevalle St, curb to curb, along the
project frontage and W. 6th St, curb to curb, along the project frontage. The City shall
reimburse the developer for half of the street along W 6th Street. In addition the City will
reimburse the developer for 2 of the curb ramps on the east side of the intersection of
Princevalle and W 6th St. The City Engineer shall approve the roadway repair prior to the
release of utilities, final inspection, or issuance of a certificate of occupancy, whichever
occurs first. (PUBLIC WORKS)
73. STREET RESURFACING PRIOR TO ACCEPTANCE: Streets in the public right of
way shall be striped in paint as a final condition prior to the beginning of the one-year
warranty period. Prior to final acceptance, the applicant shall apply a microsufacing to all
streets, and apply final street markings, per the approved plans, in thermoplastic to
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 22
Caltrans Standards. All microsurfacing and final striping shall be to the approval of the
City Engineer. (PUBLIC WORKS)
74. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:
The applicant shall execute a Stormwater Management Facilities Maintenance Agreement
with the City Engineer as specified in Chapter 7.39.210-230 of the Stormwater
Management and Discharge Control ordinance. The agreement shall outline the operation
and maintenance (O&M) plan for the permanent storm water treatment facilities. The
City-Standard Stormwater BMP Operation and Maintenance Agreement will be provided
by Public Works Engineering. The agreement shall include the following:
a. 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.
b. 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.
c. Any repairs or restoration/replacement and maintenance shall be in accordance
with City-approved plans.
d. 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.
This agreement shall be executed prior to the first occupancy of the building. (PUBLIC
WORKS)
75. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater
Management Facilities Maintenance Agreement work shall require inspections be
performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit, the
applicant shall secure a QSD or QSP to maintain all erosion control and BMP
measures during construction. The applicant’s QSD or QSP shall provide the City
weekly inspection reports to the approval of the City Engineer.
b. 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.
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 23
c. 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.
d. Before commencing any grading or construction activities, the applicant 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.
e. The applicant 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.
f. Sequence of construction for all stormwater facilities (bioswales, detention/
retention basins, drain rock, etc.) shall be done toward final phases of project to
prevent silting of facilities and reduce the intended use of the facilities.
g. 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
unless otherwise approved by the City Engineer.
All soil and infiltration properties for all stormwater facilities shall be evaluated by the
geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing with
appropriate safety factors) 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. (PUBLIC
WORKS)
76. REGIONAL BOARD STORMWATER REVIEW: 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. Prior to building permit issuance, the project shall receive approval or
acknowledgment by the Regional Board. 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. (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a
condition, at that time.
77. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at least
fifteen (15) working days prior to the start of any construction work, and at that time the
contractor shall provide a project construction and phasing schedule, and a 24-hour
emergency telephone number list. The schedule shall be in Microsoft Project, or an
approved equal, and shall identify the scheduled critical path for the installation of
improvements to the approval of the City Engineer. The schedule shall be updated
weekly. The approved construction and phasing schedule shall be shared with Gilroy
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 24
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. (PUBLIC WORKS)
a. All work shown on the improvement plans shall be inspected to the approval of
the City Engineer as applicable. Uninspected work shall be removed as
deemed appropriate by the City Engineer.
b. Construction activities related to the issuance of any Public Works permit shall
be restricted to the weekday between 7:00 a.m. and 7:00 p.m., Saturday 9:00
a.m. to 7:00 p.m. allowed only for general construction activities that require no
inspection and only with approval by the Public Works Director. No work
shall be done on Sundays and on City Holidays unless otherwise approved by
the City Engineer. Please note that no work shall be allowed to take place
within the City right-of-way after 5:00 p.m. Monday through Friday. In
addition, no work being done under the issuance of a Public Works
encroachment permit may be performed on the weekend unless prior approvals
have been granted by Public Works. The City Engineer may apply additional
construction period restrictions, as necessary, to accommodate standard
commute traffic along arterial roadways and along school commute routes.
Signs outlining the project construction times shall be posted at conspicuous
locations on site where it is visible to the public. The signs shall be per the City
Standard Drawing for posting construction hours. The sign shall be kept free of
graffiti at all times. Contact the Public Works Department to obtain sample
City Standard sign outlining hours of operation.
c. The allowed hours of Public Works construction activities may be waived or
modified through an exemption, for limited periods, if the City Engineer finds
that the following criteria are met:
i. Permitting extended hours of construction will decrease the total time
needed to complete the project thus mitigating the total amount of noise
associated with the project as a whole; or,
ii. Permitting extended hours of construction are required to accommodate
design or engineering requirements, such as a large concrete pour. Such a
need would be determined by the project's design engineer and require
approval of the City Engineer.
iii. An emergency situation exists where the construction work is necessary to
correct an unsafe or dangerous condition resulting in obvious and eminent
peril to public health and safety. If such a condition exists, the City may
waive any of the remaining requirements outlined below.
iv. The contractor or owner of the property will notify residential and
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 25
commercial occupants of property adjacent to the construction site of the
hours of construction activity which may impact the area. This notification
must be provided three days prior to the start of the extended construction
activity.
d. The following provision to control traffic congestion, noise, and dust shall be
followed during site excavation, grading and construction:
i. All construction vehicles should be properly maintained and equipped
with exhaust mufflers that meet State standards.
ii. Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after
completion of grading, and by landscaping disturbed soils as soon as
possible.
iii. Water trucks shall be present and in use at the construction site. 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, or
apply (non-toxic) soil stabilizers on all unpaved access roads, parking
areas, and staging areas at construction sites in order to insure proper
control of blowing dust for the duration of the project.
iv. Watering on public streets and wash down of dirt and debris into storm
drain systems will not be allowed. Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the Construction
Inspector, or at least once a day. Watering associated with on-site
construction activity shall take place between the hours of 8 a.m. and 5
p.m. and shall include at least one late-afternoon watering to minimize
the effects of blowing dust. Recycled water shall be used for
construction watering to manage dust control where possible, as
determined by the City Engineer. Recycled water shall be billed at the
municipal industrial rate based on the current Santa Clara Valley Water
District’s municipal industrial rate. Where recycled water is not
available potable water shall be used. All potable construction water
from fire hydrants shall be metered and billed at the current portable fire
hydrant meter rate.
v. All public streets soiled or littered due to this construction activity shall
be cleaned and swept on a daily basis during the workweek to the
satisfaction of the Construction Inspector.
vi. Construction grading activity shall be discontinued in wind conditions
that in the opinion of the Public Works Construction Inspector cause
excessive neighborhood dust problems.
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 26
vii. Site dirt shall not be tracked into the public right-of-way, and shall be
cleaned immediately if done, or the project may risk being shut down.
Mud, silt, concrete, and other construction debris shall not be washed
into the City’s storm drains.
viii. Construction activities shall be scheduled so that paving and foundation
placement begin immediately upon completion of grading operation.
ix. All aggregate materials transported to and from the site shall be covered
in accordance with Section 23114 of the California Vehicle Code during
transit to and from the site.
x. Prior to issuance of any permit, the applicant shall submit any
applicable pedestrian or traffic detour plans, to the satisfaction of the
City Engineer, for any lane or sidewalk closures. The traffic control
plan shall be prepared by a licensed professional engineer with
experience in preparing such plans. The Traffic Control Plan shall be
prepared by a licensed engineer in accordance with the requirements of
the latest edition of the California Manual on Uniform Traffic Control
Devices (MUTCD) and standard construction practices. The Traffic
Control Plan shall be approved prior to the commencement of any work
within the public right-of-way.
xi. During construction, the applicant shall make accessible any or all City
utilities as directed by the City Engineer.
xii. The minimum soils sampling and testing frequency shall conform to
Chapter 8 of the Caltrans Construction Manual. The applicant shall
require the soils engineer submit to daily testing and sampling reports to
the City Engineer.
78. HERITAGE TREE PROTECTION MEASURES: The applicant shall submit a tree
protection plan showing how all on and off-site heritage trees will be protected during
construction. All approved and installed Heritage Tree protection measures shall be
installed prior to any site activities and maintained throughout the period of construction.
The Project Arborist shall complete inspections on an as-need basis during the
construction period and shall submit a monthly report of his/her findings in a letter sent by
fax or email to the City Planner assigned to this project. (PUBLIC WORKS)
79. PROJECT CLOSE-OUT: Prior to City acceptance of all tract subdivision and property
improvement agreements, the applicant shall comply with all City construction close-out
procedures to the approval of the City Engineer. City construction close-out procedures
can be found in the City’s website under Public Works. 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. A letter indicating that all project
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 27
conditions have been met shall be submitted prior to the first occupancy. 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. In addition, the applicant shall submit a
detailed project cost estimate of all improvements (public and private) constructed on-site
and within the public right-of-way. The cost estimate shall be prepared by the project
engineer and be to the approval of the City Engineer. The cost estimate shall be broken
out into on-site and off-site improvements based on the format provided by the City.
Until such time as all improvements required are fully completed and accepted by City, the
applicant shall 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 applicant. (PUBLIC WORKS)
80. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal
to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by
FHWA Standards, the applicant shall submit a truck hauling route and receive a haul
permit that conforms to City of Gilroy Standards to the approval of the City Engineer.
Note that the City requires a Haul Permit be issued for any hauling activities. The project
sponsor shall require contractors to prohibit trucks from using “compression release engine
brakes” on residential streets. A letter from the applicant confirming the intention to use
this hauling route shall be submitted to the Department of Public Works, and approved,
prior to the issuance of any City permits. All material hauling activities including but not
limited to, adherence to the approved route, hours of operation, staging of materials, dust
control and street maintenance shall be the responsibility of the applicant. All storage and
office trailers will be kept off the public right-of-way. Tracking of dirt onto City streets
and walks will not be allowed. The applicant must provide an approved method of
cleaning tires and trimming loads on-site. Any job-related dirt and/or debris that impacts
the public right-of-way shall be removed immediately. No wash down of dirt into storm
drains will be allowed. All material hauling activities shall be done in accordance with
applicable City ordinances and conditions of approval. Mud, silt, concrete, and other
construction debris shall not be washed into the City’s storm drains. Violation of such
may be cause for suspension of work. (PUBLIC WORKS)
81. CONSTRUCTION STAGING AND WORKER PARKING: Prior to construction, the
applicant shall provide a construction staging and parking plan that minimizes the effect of
construction materials, delivery, and worker parking and/or material staging in the
neighborhood and shall include an estimate of the number of workers, equipment, and
material staging square footage that will be present on the site during the various phases of
construction and indicate where sufficient off-street parking will be utilized and identify
any locations for off-site material deliveries. Said plan shall be approved by the City
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 28
Engineer prior to issuance of City permits and shall be complied with at all times during
construction. Failure to enforce the parking plan may result in suspension of the City
permits. 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 City Engineer (§15.40.070).
(PUBLIC WORKS)
82. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code,
Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City
Engineer may approve the discharge of uncontaminated pumped ground waters to the
sanitary sewer only when such source is deemed unacceptable by State and Federal
authorities for discharge to surface waters of the United States, whether pretreated or
untreated, and for which no reasonable alternative method of disposal is
available. Following the verification of the applicable local, state and/or federal approvals,
a Discharge Plan will be approved and monitored by the City Engineer. (PUBLIC
WORKS)
83. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition of
Illegal Discharges, the applicant shall follow the specific best management practices for
the installation of the Architectural Copper. For detailed information please distribute the
flyer to all construction personnel involved in the fabrication and installation of the
Architectural Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf
(PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES that the use permitted by
this entitlement occupies the premises
84. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In
accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm Water
Pollution Prevention all projects that meet the criteria described in the Storm Water
Guidance Manual for Low Impact Development and Post-Construction Requirements shall
prepare a storm water control plan (SWCP) and shall meet the requirements of the design
standards and selection of best management practices and shall be selected and designed to
the satisfaction of the City Engineer or designee. Requirements shall include:
a. Owner/occupant shall inspect private storm drain facilities at least two (2) times
per year and sweep parking lots immediately prior to and once during the storm
season.
b. The applicant shall be charged the cost of abatement for issues associated with, but
not limited to, inspection of the private storm drain facilities, emergency
maintenance needed to protect public health or watercourses, and facility
replacement or repair in the event that the treatment facility is no longer able to
meet performance standards or has deteriorated. Any abatement activity performed
on the applicant’s property by City staff will be charged to the applicant at the
City’s adopted hourly rate.
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
Resolution No. 2022-13
Page 29
c. Label new and redeveloped storm drain inlets with the phrase “No Dumping:
Drains to Bay” plaques to alert the public to the destination of storm water and to
prevent direct discharge of pollutants into the storm drain. Template ordering
information is available at www.flowstobay.org.
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides, and
similar chemical products, as well as petroleum-based wastes, tallow, and grease
planned for storage outdoors shall be stored in covered containers at all times.
e. All public outdoor spaces and trails shall include installation and upkeep of dog
waste stations.
Garbage and recycling receptacles and bins shall be designed and maintained with
permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be
connected to the sanitary sewer system. (PUBLIC WORKS)
PASSED AND ADOPTED this 7th day of July 2022 by the following roll call vote:
AYES: Bhandal, Kushner, Doyle, Lewis, Jezabel Moreno, Leongardt
NOES: Elle
ABSENT: None
ATTEST: APPROVED:
___________________________ ____________________________
Jon Biggs, Secretary Many Bhandal, Chairperson
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135
7/14/20227/14/2022