Resolution No. 2013-07 | Tentative Map TM 13-06 Creating 57 Single-Family Residential Lots | Adopted 11/21/2013RESOLUTION NO. 2013-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 13-06,
CREATING 57 SINGLE-FAMILY RESIDENTIAL LOTS, ONE MULTI -FAMILY
LOT, ONE COMMERCIAL LOT, AND 3+/- ACRES OF COMMON AREA,
FOR PROPERTY LOCATED WITHIN THE HARVEST PARK
DEVELOPMENT, WEST OF MONTEREY STREET AND NORTH AND
SOUTH OF COHANSEY AVENUE, APNS 790-06-029 AND 030, FILED BY
THE JAMES GROUP, 2950 SOMA WAY, GILROY, CA 95020.
WHEREAS, The James Group submitted an application requesting a tentative
map to subdivide an approximate 17-acre site into 57 single-family residential lots, one
multi -family lot, one commercial lot and approximately three acres of common area; and
WHEREAS, the subject property is located within the Harvest Park phase II
development, located west of Monterey Street and north and south of Cohansey Avenue;
and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
tentative map (TM 13-06), in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations; and
WHEREAS, said tentative map was referred to various public utility companies, City
departments, including the Technical Advisory Committee for recommendations; and
WHEREAS, the Planning Commission finds the tentative map conforms to the City's
General Plan and elements thereof, including the "Neighborhood District Policy"; and
WHEREAS, an expanded Initial Study was prepared for this site as part of the
review of applications Z 07-01, A/S 06-45, and TM 06-14, and, due to the modifications
proposed as part of the current design, an addendum to the adopted negative declaration
has been prepared; and
WHEREAS, the addendum negative declaration determined that no new impacts
will occur due to the proposed project redesign, and, therefore, the adopted negative
declaration is sufficient to address the environmental effects of the proposed project, and
therefore, no further environmental analysis is required by the California Environmental
Quality Act; and
WHEREAS, a mitigation monitoring and reporting plan has been prepared,
consistent with the adopted negative declaration; and
WHEREAS, the Planning Commission finds, afterdue study, deliberation and public
hearing, the following circumstances exist:
Resolution No. 2013-07
Page 2
1. As proposed, the tentative map is generally consistent with the intent of
the goals and policies of the "Neighborhood District Policy.
2. The proposed tentative map is generally consistent with the intent of the
goals and policies of the City's General Plan.
3. The proposed development is consistent with the Zoning Ordinance and
the City's Subdivision and Land Development Code, and the State
Subdivision Map Act.
4. Public utilities and infrastructure improvements needed in order to serve
the proposed project are in close proximity.
5. There will be no significant environmental impacts as a result of this
project due to the required mitigation measures to be applied.
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 and the persons who work, visit or live
in this subdivision in particular.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Gilroy hereby recommends to the City Council the approval of the tentative map and
adopt the mitigation monitoring and reporting plan, subject to the following conditions:
PLANNING DIVISION CONDITIONS
1. The project shall comply with all relevant provisions of the Santa Clara Valley Habitat
Conservation Plan.
In the event of an accidental discovery or recognition of any human remains, the City
shall ensure that this language is included in all permits in accordance with CEQA
Guidelines section 15064.5(e): "If human remains are found during construction there
shall be no further excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent human remains until the Gilroy Police Department
contacts the coroner of Santa Clara County 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 (MILD) from the deceased Native American.
The MILD may then make recommendations to the landownerorthe 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 MILD or the MLD failed to make a
recommendation within 24 hours after being notified by the commission; b) the
Resolution No. 2013-07
Page 3
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 applicant will be required to mitigate for the removal of significant trees by
obtaining a tree removal permit, which will require replacement of significant trees, in
accordance with the City's Landscaping Policy.
4. The subdivider shall defend, indemnify, and hold harmless the City, its City Council,
Planning Commission, agents, officers, and employees from any claim, action, or
proceeding against the City or its City Council, Planning Commission, agents, officers,
and employees to attack, set aside, void, or annul an approval of the City, City Council,
Planning Commission, or other board, advisory agency, or legislative body concerning
this subdivision. City will promptly notify the subdivider of any claim, action, or
proceeding against it, and will cooperate fully in the defense. This condition is imposed
pursuant to California Government Code Section 66474.9.
5. Approval of TM 13-06 is subject to the applicant receiving approval of Residential
Development Ordinance Housing Exemption application RDO HE 13-02 and
Architectural & Site Review application A/S 13-26.
6. The Final Map shall comply with the Tentative Map prepared by Hanna Brunetti, dated
October 2013, and stamped approved, except as modified by the City Council's
approval of this application and the conditions of approval.
7. The developer shall submit a copy of the Conditions, Covenants and Restrictions to the
Planning Division for approval prior to submittal of the Final Map. Homeowners'
Association documentation, Conditions, Covenants and Restrictions and/or property
owner's Maintenance Agreements shall be approved by the Planning Division prior to
the map being released for recordation.
8. With the exception of lots that received an exemption from the application of the City's
Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et
seq.), no building permit shall be issued in connection with this project if the owner or
developerof such development (i) is not in compliance with the RDO, any conditions of
approval issued in connection with such development, or other City requirements
applicable to such development; or (ii) is in default under any agreement entered into
with the City in connection with such development pursuant to the RDO.
Resolution No. 2013-07
Page 4
Mitigation Measures
The following MITIGATION MEASURES, which are contained within the applicable
environmental documents as discussed above, prepared pursuant to the California
Environmental Quality Act, and as modified based upon changes in applicable regulations,
are included as conditions of approval.
9. Subject to the review and approval of the Planning Division, new outdoor lighting
shall be directed onsite and designed and installed with shielding.
10.The project shall comply with applicable Gilroy General Plan policies and actions
and with the City's Lighting Standards.
11.The project applicant shall specify in project plans the implementation of the
following dust control measures during grading and construction activities for the
proposed project. The measures shall be implemented as necessary to adequately
control dust, subject to the review and approval by the City of Gilroy Engineering
Division. The following measures shall be implemented:
• Water all construction areas at least twice daily;
• Cover all trucks hauling soil, sand, and other loose materials;
• Apply clean gravel, water, or non -toxic soil stabilizers on all unpaved access roads,
parking areas and staging areas at constructions sites;
• Remove excess soils from paved access roads, parking areas and staging areas
at construction sites;
• Sweep streets daily (with mechanical sweepers) if visible soil material is carried
onto adjacent public streets;
• Hydroseed or apply non -toxic soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more);
• Enclose, cover, water twice daily, or apply non -toxic soil binders to exposed
stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to
• Install sandbags or other erosion control
15 miles per hour;
measures to prevent silt runoff to public
roadways;
• Replant vegetation in disturbed areas as soon as possible;
• Install wheel washers for all exiting trucks or wash off the tires or tracks of all
trucks and equipment leaving the construction site;
• Install wind breaks at the windward sides of the construction areas;
• Suspend excavation and grading activities when wind (as instantaneous gusts)
exceeds 25 miles per hour;
• The idling of all construction equipment shall not exceed five minutes;
• Limit the hours of operation of heavy duty equipment and/or the amount of
equipment in use;
• All equipment shall be properly tuned and maintained in accordance with the
Resolution No. 2013-07
Page 5
manufacturer's specifications;
• When feasible, alternative fueled or electrical construction equipment shall be
used for the project site;
• Use the minimum practical engine size for construction equipment; and
-Gasoline-powered equipment shall be equipped with catalytic converters, where
feasible
12.Focused plant surveys should be conducted for Hoover's button -celery in July and
legenere between April and June. If these species are not observed during the focused
surveys, they can be considered absent from the project site. If they are observed, they
should be mapped and impacts to the population(s) from the proposed project
quantified. If impacts are anticipated, a mitigation and monitoring plan should be
developed in consultation with CDFG that may include population avoidance, seed
collection and propagation, and/or other measures to minimize the adverse impacts to
the species.
13. If ground disturbance is scheduled to occur during the breeding bird season (February
1 to August 1), a qualified biologist shall conduct pre -construction nesting bird surveys
within 30 days prior to the onset of any construction activity. If white-tailed kite,
loggerhead shrike, California horned lark, or any other bird species protected underthe
Migratory Bird Treaty Act and Fish and Game Codes are observed nesting on or near
the project site, an appropriate buffer zone shall be established around all active nests
to protect nesting adults and their young from construction disturbance. Buffer zones
shall be determined in consultation with CDFG based on the site conditions and the
species potentially impacted. Work within the buffer zone should be postponed until all
the young are fledged, as determined by a qualified biologist. Currently, CDFG requests
a 300-foot buffer for nesting raptors such as white-tailed kite, a 100-foot buffer for
special -status passerines such as loggerhead shrike, and a 50-foot buffer for all other
native bird nests (Johnston, pers. comm.). To accommodate nesting raptors, pre -
construction surveys should include all land within 300 feet of the edge of the site.
14.A qualified burrowing owl biologist shall conduct a burrowing owl pre -construction
survey within 30 days prior to initial ground disturbance or construction activity. The
qualified burrowing owl biologist shall surveythe entire project site and a 250-foot buffer
to determine presence or absence of the species.
(A) If burrowing owls are observed on the project site outside of the breeding
season, an experienced burrowing owl biologist may use passive relocation
to prevent take and ensure burrowing owls are not present on the project site
for construction and grading activities. A qualified burrowing owl biologist
shall do all exclusionary device installation and subsequent monitoring.
Passive relocation should be performed in consultation with CDFG.
(B) If burrowing owls are occupying the project site during the nesting season
(February 1 through August 1), nest burrows shall be avoided by setting up a
Resolution No. 2013-07
Page 6
250-foot exclusion area around the nest burrow (CDFG 1995) and CDFG
shall be contacted for guidance. The active nest shall be monitored to ensure
construction activity does not disturb the nesting owls or cause nest
abandonment. Work within the buffer zone shall be postponed until all the
young are independent, as determined by a qualified biologist. CDFG may
require a detailed mitigation plan that includes passive relocation after the
young have fledged and maintenance of occupied habitat offsite in
perpetuity.
15.A site assessment for CTS shall be performed according to current protocol, which
involves submitting specific information in a report to the USFWS (USFWS and CDFG
2003). Based on the results of the site assessment, the USFWS will determine if the
site may provide habitat for CTS and whether further surveys are necessary. If the
USFWS no longer considers the site to be appropriate for CTS, then no further actions
are required. If the USFWS requires focused surveys according to protocol, two
consecutive years of drift -fence studies are needed to support a negative finding
(USFWS and CDFG 2003). If CTS are present, a take permit must be acquired, which
typically includes acquisition and management of occupied CTS lands in perpetuity.
16. Within 14 to 30 days prior to construction, a qualified biologist shall conduct a ground
survey for American badger dens. If dens are present, the qualified biologist shall
determine if they are occupied by studying recent sign or monitoring for tracks using
den dusting techniques for three consecutive days. If active dens are present, CDFG
shall be contacted for permission to excavate and passively relocate the badgers. Note
that CDFG may not approve excavation of active natal dens, which could be avoided by
constructing in the late summer or fall under the direction of a qualified biologist.
17.A jurisdictional wetland delineation shall be conducted, and verified by the Corps, to
determine the presence and extent of jurisdictional wetlands and other waters on the
project site. If jurisdictional areas are verified on the project site, and these will be
impacted by the proposed project, a Corps permit (and subsequent 401 certification)
would be required. In addition, if a bridge is built across Llagas Creek, and any portion
of the bridge falls within CDFG jurisdiction (e.g., below the top of bank of the Creek), a
Streambed Alteration Agreement would be required. Any impacts to jurisdictional
waters that may occur as a result of the proposed project would be reduced to less-
than- significant levels by following the terms and conditions of the Corps permit, 401
certification, and CDFG Streambed Alteration Agreement, if required.
18. If prehistoric or historic period materials are discovered during grading or construction,
work shall be halted within 50 meters (165 feet) of the find until a qualified professional
archaeologist can evaluate it. If the find is determined to be significant, appropriate
mitigation measures shall be formulated and implemented (Gilroy General Plan Policy
5.07).
Resolution No. 2013-07
Page 7
19. If human remains are found during construction 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.
20.The project applicant shall submit a soils investigation prepared by a qualified soils
engineer for the proposed project. The recommendations of the soils investigation shall
be incorporated into the final building plans, subject to the review and approval by the
City of Gilroy Engineering Division prior to approval of building permits.
21.The project applicant shall design all structures in accordance with the California
Building Code for seismic design. Foundation design should include the use of
structural mat or post -tension slab foundations, rather than conventional spread
footings. Structural design is subject to the review and approval by the City of Gilroy
Engineering Division prior to the issuance of building permits.
22. The applicant shall prepare an erosion and deposition control plan detailing appropriate
methods of erosion and deposition control during grading, construction, and operation
of the proposed project. The erosion and deposition control plan shall be subject to
review and approval by the City of Gilroy Engineering Division prior to the issuance of
building permits.
23.As required by General Plan Action 25.E, the applicant shall prepare a site -specific
soils reportforthe proposed project which includes laboratory testing of on -site soils as
well as design criteria for building foundations, basement walls, roads, and other
structures to mitigate impacts associated with expansive soils. The soils report shall be
subject to review and approval by the City of Gilroy Engineering Division prior to
issuance of building permits.
Resolution No. 2013-07
Page 8
24.The project applicant shall prepare a detailed Flood Management and Mitigation Plan
(FMMP), subject to approval by the Santa Clara Valley Water District (SCVWD) and the
City of Gilroy.
25. Prior to issuance of a grading permit, the applicant shall submit a Notice of Intent to the
Central Coast Regional Water Quality Control Board to obtain a General Construction
Stormwater Permit for the project. A Storm Water Pollution Prevention Program
(SW PPP) shall be developed in compliance with this permit that achieves the following
four major objectives. The SWPPP shall also be submitted to the City of Gilroy
Engineering Division prior to issuance of a grading permit.
• Identify pollutant sources, including sources of sediment that may affect the
quality of storm water discharges from the construction site.
• Identify non -storm water discharges.
• Identify, construct, implement in accordance with a time schedule, and maintain
Best Management Practices (BMPs) to reduce or eliminate pollutants in storm water
discharges and authorized non -storm water discharges, from the construction site
during construction; and
• Identify, construct, and implement in accordance with a time schedule, and
assign maintenance responsibilities for post- construction BMPs. These
measures would be installed and implemented during construction to reduce or
eliminate pollutants after construction is completed.
26.The first floor of all buildings shall be constructed a minimum of two feet one foot
B.F.E. above existing ground level to reduce flood risks within Zone X designated
areas.
27.The following language shall be included on all permits issued for this project, subject to
the review and approval of the Building Division: "All construction activities shall be
limited to weekdays between 7:00 a.m. and 7:00 p.m. and to Saturday between 9:00
a.m. and 7:00 p.m. No construction is allowed on Sundays or City Holidays."
28.All construction equipment engines shall be properly tuned and muffled according to
manufacturers' specifications.
29. Noise construction activities whose specific location on the site may be flexible (e.g.,
operation of compressors and generators, cement mixing, general truck idling) shall be
conducted as far as possible from the nearest noise -sensitive land uses, and natural
and/or manmade barriers (e.g., intervening construction trailers) shall be used to screen
propagation of noise from such activities towards these land uses to the maximum
extent possible.
30. The use of those pieces of construction equipment or construction methods with the
greatest peak noise generation potential shall be minimized. Examples include the use
of drills and jackhammers.
Resolution No. 2013-07
Page 9
31. Barriers such as plywood structures or flexible sound control curtains shall be erected
along the western edge of the site to minimize noise exposure to the residential uses.
32. Fire Sprinkler systems shall be installed per NFPA 13D requirements. Systems are
subject to review and approval by the Fire Marshal.
33. Future residents shall be provided with disclosure regarding the potential for hazards
associated with agricultural uses, especially if livestock or agricultural uses are allowed
in the adjacent properties.
34. The project applicant shall disclose to potential home owners that elementary students
in their household might not attend the adjacent Antonio del Buono Elementary School.
35.The project frontage on Monterey Road shall be designed such that sufficient right-of-
way is available for the future widening and addition of a bike/pedestrian trail on
Monterey Road, as specified in the City of Gilroy General Plan and the City of Gilroy
Trails Master Plan. Additionally, the project site design shall accommodate, as
necessary, the planned trail in the Llagas Creek Corridor.
36.The sidewalk on the east side of Wren Avenue shall be extended south to Antonio del
Buono Elementary School to facilitate pedestrian access between the school and the
project site.
37.The recommended turn pocket lengths for the Monterey/Cohansey intersection are as
follows: The eastbound left -turn lane shall be at least 300 feet long, the southbound
right -turn lane shall be 100 feet long, and the northbound left -turn pocket shall be 100
to 125 feet long.
38. The radius of the horizontal curve on Church Street, south of Cohansey Avenue shall
be increased to at least 610 feet to comply with City street design standards.
39.The applicant shall provide parking in compliance with the Zoning Ordinance subject to
the review and approval of the Planning Division.
40.The project will provide accommodations forthe proposed improvements on Monterrey
Road subject to the review and approval of these improvements.
ENGINEERING DIVISION CONDITIONS
41. Street lighting is to be LED, in conformance with the City of Gilroy Climate Action Plan
goals.
42. The excavation for the detention basin shall be setback a minimum of 20 feet from the
top of bank per Municipal Code § 27a.
43.The detention basin is to be no more than 3 feet in height at a 3:1 slope.
Resolution No. 2013-07
Page 10
44. A planting and irrigation plan for offsite improvements is to be reviewed and approved
by the Planning and Engineering Divisions, prior to approval of improvement plans.
45.The Conditions, Covenants and Restrictions shall specify that the area surrounding the
detention basin and all biofiltration facilities are to be landscaped in accordance with
the approved landscaping plans and properly maintained by the Homeowners'
Association.
46.A maintenance plan for all bioretention facilities specifying in detail the maintenance of
all facilities is to be submitted to the City for review and approval prior to improvement
plan approval. The maintenance plan shall ensure landscape areas are not neglected
and do not become an eyesore for the neighborhood.
47.Offsite sidewalk improvements along Monterey Street run along the route of a VTA bus
line and may affect service. Coordination with VTA is to be established making them
aware of any potential disruptions to their service, prior to improvement plan approval.
Copy the City on any communication documents forwarded to the VTA.
48. Prior to approval of the Final Map, establish a Homeowners' Association for operation
and maintenance of private open space, landscaping, irrigation systems, drainage
ditches, fences adjacent to Cohansey Avenue and Church Street, masonry walls, and
appropriate signage and hardware, and other private facilities subject to the approval of
the Planning Division, Public Works Director, and the City Attorney. The Covenants
Conditions and Restrictions of all deeds issued within the subdivision shall contain
provisions requiring participation in the said Homeowners' Association. The
Homeowners Association must accept the above private subdivision improvements
prior to the City's acceptance of the public improvements.
49. Until such time as the Improvements are accepted by City, Developer shall be
responsible for and bear the risk of loss to any of the Improvements constructed or
installed. Until such time as all Improvements required by this Agreement 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 specified in
this Agreement prior to the completion and acceptance of the work or Improvements.
All such risks shall be the responsibility of and are hereby assumed by Developer.
50. Developer shall design and construct a four lane, free span bridge on Cohansey
Avenue over Llagas Creek consistent with the City of Gilroy TIF dimensions for that
bridge. The design shall be approved by the Santa Clara Valley Water District. Priorto
construction, developer shall obtain an encroachment permit from the Santa Clara
Valley Water District (SCVWD). The design shall be complete and approved by the
City Engineer, prior to first building final for single family residences for production
homes. The construction of the bridge shall be completed prior to the issuance of the
57th building final for single family residences. The bridge shall be configured with
striped Class II bicycle lanes and a minimum of 6-foot wide to a maximum of 10-foot
wide sidewalks along both sides of the travel way, consistent with Gilroy Public Works
Standards for that street classification.
51. Developer shall design and construct the ultimate intersection improvements, as
required per the General Plan, including the installation of a traffic signal at the
Resolution No. 2013-07
Page 11
intersection of Cohansey Avenue and Monterey Street. Said improvements must be
complete and to the satisfaction of the City Engineer. The design and construction of
the intersection improvements shall be completed prior to the 20th building final for
single family residences for production homes..
52. Developer shall construct frontage improvements on Monterey Road, including but not
limited to, sidewalk, curb & gutter, VTA bus stop amenities which may include but not
be limited to passenger shelter and sitting area, night lighting, and trash receptacle,
landscaping, irrigation, and street lights.
53. Developer shall provide a bike trail access from Cohansey to the future bike trail below
the Cohansey Avenue bridge, consistent with SCVWD guidelines for access to bicycle
trails along waterways.
54. Mail delivery boxes are to be in an area where parking is available and that will not
create traffic congestion. Location of the mail delivery boxes are subject to the review
and approval of the Planning Division and Public Works Department.
55.Improvement plans and final map shall be prepared by a California -registered Civil
Engineer and shall include license number and stamped (seal) when civil work is
required.
56.Improvement plans are required for all off -site and on -site improvements, prior to Final
Map approval and approval of the Improvement Plans.
57.The developer shall provide joint trench composite plans forthe 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. A licensed Civil or Electrical Engineer
shall sign the composite drawings and/or utility improvement plans. (All dry utilities
shall be placed underground.)
58.Grading, erosion control and drainage plans are required and shall be subject to the
review and approval of the Engineering Division prior to Final Map and/or Improvement
plan approval.
59.All work is to be done in compliance with the City of Gilroy Specifications Standards
and Design Criteria and is subject to all laws of this community by reference. Street
improvements and the design of all storm drainage, sewer and water lines, and all
street sections shall be in accordance with City Standards and shall follow the most
current Master plan for streets and each utility. The developer shall provide full street,
curb, gutter, sidewalk and electrolier improvements. Street section/design is to be per
City Standards (note that private streets are standards STR-3A through STR-413).
60. Site preparation and fill construction shall be conducted under the observation of, and
tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City
of Gilroy stating that all site preparation and fill construction meets the requirements of
the geotechnical investigation. This shall be subject to review and approval by the
Engineering Division.
61. Post development run-off must be the same as pre -development run-off. Analysis
identifying post/pre-development run-off rates shall be provided including all references
and supporting documentation (charts, graphs, calculations, etc.).
Resolution No. 2013-07
Page 12
62.All storm drain run-off must be pre-treated prior to entrance into public storm drain
system. Pre-treatment measures must be reviewed and approved by the Engineering
Division prior to Final Map and/or Improvement Plan approval.
63.Add following note to improvement (civil) plan title sheet above City Engineer's
signature block:
GENERAL APPROVAL NOTE
Approval of these 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 the
City specification or the approved 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.
64.Any work in the public right-of-way shall require a signing and striping plan and a traffic
control plan prepared by a licensed, professional engineerwith experience in preparing
such plans. Signage and striping plans shall be overlaid on an existing, current aerial.
Where proposed improvements are an extension of an existing street and/or "conform"
to existing, adjacent improvements, signing and striping plans shall encompass the
minimum areas indicated in the City's current policy. Traffic Control Plan shall be
prepared in accordance with the requirements of the latest edition of the California
Manual on Uniform Traffic Control Devices.
65.All grading operations and soil compaction activities shall be per the approved soils
report and shall meet with the approval of the City Engineer.
66.As part of the first submittal for Final Map, the developer shall submit vector based
electronic files readable by AutoCAD and in PDF format. Additionally, after the Final
Map and Improvement Plans have been found to be technically correct and in
substantial conformance with the Tentative Map, the developer shall again submit
vector based electronic files readable by AutoCAD and in PDF format.
67. A SWPPP and an Erosion Control Plan is required for all development over 1 acre and
shall be filed with the City. W DID# shall be provided prior to Improvement Plan / Final
Map approval.
68. Certification of fire flow test is required prior to building permit final.
69. Certification of grades and compaction necessary to serve each phase of development
is required prior to building permit final. This statement must be added as a general
note to the Grading and Drainage Plan.
70.All retaining walls shall be masonry and shall be a modular system and/or cast in place
concrete with a decorative surfacing. All site retaining walls are subject to the review
and approval of the Planning, Building, and Engineering Divisions. Wood retaining
walls shall not be permitted.
71.All temporary roads or detours shall have temporary asphalt paving unless otherwise
approved by the City Engineer in writing.
72. 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. 2013-07
Page 13
73.The developer shall submit an estimate of the probable cost of developer -installed
improvements with the Final map submittal. The developer shall also submit fees and
bonds and enter into an improvement agreement prior to Final Map recordation.
74.A note shall be placed on the plans which states that the composite plan agrees with
City Codes and Standards and that no underground utility conflict exists.
75. "Will Serve Letters" from each utility company for the subdivision shall be supplied to
the City.
76. The City will collect the plan check and inspection fee for the utility underground work.
77.A current Title Report shall be submitted for review to the City prior to Final map
approval.
78. Prior to any construction of the dry utilities in the field, the following will need to be
supplied to the City:
a. A professional engineer -signed and PG&E -approved original electric plan.
b. A letter from the design Electrical or Civil Engineer that states the electrical
plan conforms to City Codes and Standards, and to the approved subdivision
improvement plans.
79.All lots shall drain to the street for storm drainage unless otherwise approved by the
City Engineer.
80.The City shall be notified at least two (2) 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.
81.All work shown on the improvement plans shall be inspected. Uninspected work shall
be removed as deemed appropriate by the City Engineer.
82.The permanent street name sign shall be installed immediately after the curb and gutter
construction is complete.
83.The developer/contractor shall make accessible any or all City utilities as directed by
the City Engineer.
84.Applicant shall be required to obtain a City of Gilroy encroachment permit for all work
(i.e. sidewalk, curb, gutter, driveway, roadway, alley, etc.) in City right of way.
85.Applicant shall be required to obtain a SCVWD permit for all work (i.e. sidewalk, curb,
gutter, driveway, roadway, alley, etc.) in District right of way.
86. No utility boxes are allowed to be constructed in the sidewalk without prior written
approved by the City Engineer.
87. Certification of improvements on the site plans are required priorto building final permit
(add to general notes on Title sheet of Plans).
88.A minimum of one exterior monument shall be set. Additional monuments can be
required by the City Engineer or City Surveyor as deemed necessary. Location of
monuments shall be tied out prior to work. Any City monuments damaged, displaced or
destroyed shall be replaced at the developer's sole expense.
89. Storm and sewer lines in private areas shall be privately maintained unless approved by
the City Engineer in writing.
90.Once the tentative map is approved, the developer shall submit an 8'/2 x11-inch site
plan to the Engineering Divisions to assign addressing which shows the following: tract
number, lot number, Street names, property lines, right-of-way lines, north arrow and
curb cuts for driveways.
Resolution No. 2013-07
Page 14
91. Provide calculations for sanitary sewer design and capacity.
92.The lowest finished floor elevation shall be 1' minimum above high water point or FIRM
base flood elevation, whichever is greater.
93. Provide/update hydraulic calculations forthe proposed underground storage detention
showing sizing and treatment including all backup documentation used as part of the
hydraulic calculations (graphs, charts, tables, equations, assumptions) and all sources.
94.The Homeowners' Association shall be responsible for maintaining the underground
storm drain storage and detention system.
95. Provide a letter from the geotechnical engineer stating that the geotechnical engineer
has reviewed improvement plans including underground storm drain storage and
detention system and they are in conformance with the recommendations of soils report
and any supplements.
96. Construction documents and maps submitted for the improvements shown on this
Tentative Map shall be prepared in conformance with applicable published standards,
codes, and regulations as adopted by the City of Gilroy City Council (City), or other
agencies with jurisdiction over the project, at the time of tentative map approval. In the
event that there are conflicts between the City's adopted standards, codes, or
regulations and those of other jurisdictions, or the improvements incorporated into the
tentative map, the Applicant shall work with the Public Works Director and the
Community Development Director to resolve the conflict, to the greatest extent
practical, to meet the intent of the City's adopted standards, codes, or regulations.
97.The street light layout shall be per City Standards and as directed by the Traffic
Engineer.
98.In the event it is necessary to acquire offsite easements or street right-of-way, the
owner shall enter into an agreement with the City prior to Final Map approval agreeing
to pay all condemnation costs for dedication of all required easements or street right-of-
way. This agreement shall be recorded and require the owner to deposit all
condemnation costs with the City within 21 days of Final Map approval. The owner
shall agree to provide an initial cash deposit as determined by the City.
FIRE DEPARTMENT CONDITIONS
99. Secondary access shall be provided when 30 or more units are constructed. For
each phase, there shall be two roadways that provide fire access.
100. Current fire hydrant locations are not approved and are considered conceptual only.
Final fire hydrant locations shall be approved with off -site and on -site improvement
plans. The project engineer shall meet with the Deputy Fire Marshal to determine the
final locations. Fire hydrants shall be able to flow 1500 gpm with a 20 psi residual
pressure. In general street hydrants shall be spaced every 300 feet, and within 150
feet of any building. Hydrants shall be installed prior to commencement of
construction with combustible materials. The most remote hydrant shall be flow
tested by the Fire Marshal or another qualified person prior to acceptance by the
Public Works Department. Fire Hydrants shall be installed per City Standard Details
including curb protection and setbacks.
Resolution No. 2013-07
Page 15
101. All homes shall be provided with 1.5-inch water laterals from the public main to the 1-
inch meter, except units on dead end alleys, which shall be provided with 2-inch
laterals to 1-inch meters. This design will allow adequate flow for a residential NFPA
13d fire sprinkler system. Alley -loaded units have exceedingly long runs and 2 inches
are needed to provide for adequate flow.
102. All traffic calming devices are subject to the review and approval of the Fire Chief. No
traffic calming device will be approved unless the Fire Chief finds the design does not
adversely impact Fire response time and does not adversely impact Fire Department
response apparatuses/vehicles.
103. Gated access roadways shall be designed with electronic gates and provided with a
remote opening system compatible with Fire Department equipment as well as KNOX
key override for Fire and Police access. Gated access plans shall be reviewed and
approved by the Fire Marshal prior to installation.
104. Street shall be named prior to off -site improvement plan and building plan submittal.
Addresses shall be assigned by the City Engineering Division prior to improvement
plan and building permit submittal. Street signage shall be installed prior to
construction of any on -site improvements (foundations or buildings).
105. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance
of not less than 13.5 feet shall be provided. Dead end public streets shall be provided
with a cul-de-sac of 78-foot diameter. Private dead end streets shall meet one of the
Fire Department standard turn around configurations. No parking shall be posted and
red curbing provided when road widths are as follows:
a. Less than 28 feet: no parking on either side
b. Less than 36 feet: no parking on one side.
c. Over 36 feet: parking not restricted.
106. Where parking is restricted, it shall be posted with signs stating, "No Parking --Fire
Lane" and curbs shall be painted red. Signage and curb painting shall be maintained
in good condition. The parking enforcement plan shall be reviewed and approved by
the Deputy Fire Marshal prior to the final inspection of the first unit built. The parking
enforcement plan shall be provided by the developer for the HOA to follow, and shall
be included in the CC&R's.
Resolution No. 2013-07
Page 16
PASSED AND ADOPTED this 21st day of November 2013 by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Susan L. Martin, Secretary
APPROVED:
Elizabeth Sanford, on