Resolution No. 2015-03 | Tentative Map (TM 13-05) Country Estates | Adopted 02/05/2015RESOLUTION NO. 2015-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 13-05,
CREATING 61 RESIDENTIAL HILLSIDE LOTS, 95.75+/-ACRES OF OPEN
SPACE, ONE NEW PUBLIC STREET, AND 5 NEW PRIVATE STREETS,
FOR PROPERTY LOCATED WITHIN COUNTRY ESTATES PHSE IV,
GENERALLY LOCATED NORTH OF HECKER PASS HIGHWAY (STATE
ROUTE 152) AND SOUTH OF MANTELLI DRIVE, ADJACENT TO THE
GILROY GOLF COURSE, APNS 783-47-003 AND 783-45-044, FILED BY
ENTERPRISE REI 8, LLC, 24168 BIG BASIN WAY, SARATOGA, CA
95070.
WHEREAS, Enterprise REI 8, LLC submitted an application requesting a
tentative map to subdivide an approximate 153-acre site into 61 residential hillside lots,
95.74+/- acres of open space, one public street and five private streets; and
WHEREAS, the subject property is located within the Country Estates phase IV
subdivision, generally located north of Hecker Pass Highway (State Route 152) and south
of Mantelli Drive, adjacent to the Gilroy Golf Course and consisting of approximately 153
acres; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
tentative map (TM 13-05), 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 and
City departments, including the Technical Advisory Committee for recommendations; and
WHEREAS, an initial study and mitigated negative declaration (MND) was prepared
for this project; and
WHEREAS, the MND determined that no significant adverse effects are expected to
result from the proposed development; and
WHEREAS, the planning commission of the city of Gilroy has considered the Staff
Report dated February 5, 2015 along with testimony received at the duly -noticed public
hearing and other materials; and
WHEREAS, the Planning Commission finds, afterdue study, deliberation and public
hearing, the following circumstances exist:
1. The proposed Tentative Map is consistent with the intent of the goals and
policies of the City's General Plan.
2. The proposed development is consistent with the Zoning Ordinance and
the City's Subdivision and Land Development Code, and the State
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Subdivision Map Act.
Public utilities and infrastructure improvements needed in order to serve
the proposed project are in close proximity.
There will be no significant environmental impacts as a result of this
project due to the required mitigation measures to be applied.
As identified in the mitigated negative declaration, all significant
environmental impacts associated with buildout of Country Estates phase
IV can be reduced to a less than significant level with the implementation
of mitigation measures identified in the mitigated negative declaration.
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, subject
to the following conditions:
GENERAL PROJECT CONDITIONS
This permit is granted for approved plans ("the plans") on file with the Planning
Division. The project shall conform to the plans, except as otherwise specified in
these conditions. Any subsequent modification or deviation to the approved plans
shall be considered by the Planning Manager, may require separate discretionary
approval and shall conform to City Code requirements or policies adopted by City
Council.
2. Developer means permit applicant, property owner, and/or tenants using the
space(s) for the intended use(s). Compliance with project conditions is expected for
the life of the project.
3. An approved tentative map shall expire twenty-four (24) months from the approval
date.
4. Should Developer intend to request an extension to the permit expiration date,
Developer must submit to the Planning Division a written application with applicable
fees prior to the expiration date. Only timely requests may be considered pursuant
to the City Code.
5. Failure to appeal this decision in a timely manner or commencement of any activity
related to the project is understood to clarify the Developer's acceptance of all
conditions and obligations imposed by this permit and waiving any challenge to the
validity of the conditions and obligations stated therein.
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6. Developer shall complete all required off -site and on -site improvements related to
each phase of the project, including structures, paving, and landscaping, prior to
occupancy unless otherwise allowed directed by the Community Development
Director.
7. Developer agrees, as a condition of adoption of this resolution, at Developer's own
expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers,
contractors, consultants, attorneys, employees and agents from any and all
claim(s), action(s) or proceeding(s) brought against 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.
8. 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.
9. Developer shall complete the "Notice of Land Use Restrictions and Conditions"
form, using the form provided by the City, for recording with the Santa Clara County
Recorder. Before the City issues building permits, Developer shall submit the
original completed, signed and notarized document, together with the required fees
to the Planning Manager.
10. 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
pursuant to the City Code.
11. Prior to issuance of building permits, Developer shall correct all violations of the City
Code existing on the project property for which the City has open cases.
PLANNING DIVISION STANDARD CONDITIONS
12. 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 project mitigation measures BIO-4, 131O-5a., and BI0-5b.
13. Approval of TM 13-05 is subject to the applicant receiving approval of an
amendment to Residential Development application RD 92-29 and approval of Zone
Change application Z 14-11.
14. The Final Map shall substantially comply with the Tentative Map prepared by
Ruggeri Jensen Azar, dated September 17, 2014 (with a last revised date of
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January 27, 2015) and stamped approved, except as modified bythe City Council' s
approval of this application and the conditions of approval.
15. The developer shall submit a copy of the Conditions, Covenants and Restrictions
(CC&Rs) to the Planning Division concurrent with final map submittal.
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.
16. 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 developer of 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.
PLANNING DIVISION SPECIAL CONDITIONS
17. Priorto the start of construction for the subdivision infrastructure improvements and
for individual lot development, a qualified wildlife biologist shall conduct surveys of
the grassland habitat on the site to identify any American badger burrows/dens.
These surveys shall be conducted not more than 15 days prior to the start of
construction. If an American badger burrow/den is found during the surveys,
coordination with the CDFW shall be undertaken in order to develop a suitable
strategy to avoid impacts to the burrow/den. Impacts to active badger dens shall be
avoided by establishing exclusion zones around all active badgerdens, within which
construction related activities shall be prohibited until denning activities are
complete orthe den is abandoned. A qualified biologist shall monitor each den once
per week in order to track the status of the den and to determine when a den area
has been cleared for construction.
The applicant and future developers shall be responsible for the implementation of
this mitigation measure, subject to monitoring by the City of Gilroy. (MND, BIO-1)
18. Mature trees removed due to project implementation (both subdivision infrastructure
and development of individual lots) shall be removed in two stages: stage one will
include removal of tree limbs, and stage two will include removal of the main trunk
on a subsequent day. This will allow any potentially present, day -roosting bats the
opportunity to relocate. If bat roosts are encountered during tree removal, a bat
specialist shall be hired to assist in any relocation efforts. Prior to issuance of a
grading or building permit, the applicant and future developers of individual lots shall
submit a report documenting that trees were properly removed, whether any bat
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roosts were encountered, and what measures were taken if bat roosts were
encountered. (MND, BIO-2)
This requirement shall be included as a condition of project approval for the
subdivision, as well as individual architectural and site review applications.
The applicant and future developers shall be responsible for the implementation of
this mitigation measure, subject to monitoring by the City of Gilroy. (MND, BIO-2)
19. For both the subdivision and development of individual lots, if construction activities
begin during the bird nesting season (February 1 to September 15), or if
construction activities are suspended for at least two weeks and recommence
during the bird nesting season, then the applicant and future developers of
individual lots will retain a qualified biologist to conduct a pre -construction surveyfor
nesting birds. The survey shall be performed within suitable nesting habitat areas in
and adjacent to the site to ensure that no active nests would be disturbed during
project implementation. This survey will be conducted no more than two weeks prior
to the initiation of construction activities. A report documenting survey results and
plan for active bird nest avoidance (if needed) will be completed by the qualified
biologist and submitted to the City of Gilroy for review and approval prior to
construction activities.
If no active bird nests are detected during the survey, then project activities can
proceed as scheduled. However, if an active bird nest of a protected species is
detected during the survey, then a plan for active bird nest avoidance shall
determine and clearly delineate an appropriately sized, temporary protective buffer
area around each active nest, depending on the nesting bird species, existing site
conditions, and type of proposed construction activities. The protective buffer area
around an active bird nest is typically 75-250 feet, determined at the discretion of
the qualified biologist.
To ensure that no inadvertent impacts to an active bird nest will occur, no
construction activities will occur within the protective bufferarea(s) until the juvenile
birds have fledged (left the nest), and there is no evidence of a second attempt at
nesting, as determined by the qualified biologist.
The applicant and future developers shall be responsible for the implementation of
this mitigation measure, subject to monitoring by the City of Gilroy. (MND, BIO-3)
20. Prior to any on -site oak woodland impacts, the applicant shall initiate
implementation of the Oak Woodland Mitigation and Monitoring Plan prepared for
the project site on September 19, 2014 by H.T. Harvey & Associates. This will result
in 684 replacement trees planted, maintained, and protected to mitigate forthe 227
trees that will be impacted by Phase IV of the project, in addition to conservation
and enhancement of existing oak woodland and grassland on the site. For both
Phases III and IV, this Plan will result in approximately 92 acres of on -site oak
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woodland and grassland habitat (including 5.7 acres of oak tree restoration
plantings) placed under permanent conservation easements. Tree replacement
ratios for both phases were determined based on the diameter size class of each
tree proposed for removal.
The applicant and future developers of individual lots shall be responsible for the
implementation of this mitigation measure, subject to monitoring by the City of
Gilroy. (MND, BIO-4)
21. BIO-5a. The applicant shall obtain a tree removal permit, pursuant to the City of
Gilroy's Consolidated Landscaping Policy, priorto issuance of a building permit for
infrastructure improvements associated with the subdivision application. The tree
removal permit will require replacement of trees consistent with the 2014 David
Hamilton arborist report. These requirements may be modified by city staff as
determined necessary.
The applicant shall be responsible for the implementation of this mitigation
measure, subject to monitoring by the City of Gilroy. (MND, BIO-5a)
22. Future developers of individual lots shall obtain a tree removal permit consistent
with the 2014 David Hamilton arborist report, pursuant to the City of Gilroy's
Consolidated Landscaping Policy, prior to issuance of a residential building permit.
The proposed removal of any city -regulated significant trees not identified for
removal in the 2014 David Hamilton arborist report will require additional
replacement trees consistent with a supplemental lot -specific arborist report. These
requirements may be modified by city staff as determined necessary.
Future developers shall be responsible for the implementation of this mitigation
measure, subject to monitoring by the City of Gilroy. (MND, BIO-5b)
23. The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of
Gilroy, prior to issuance of a grading permit. The permit will require implementation
of all applicable project conditions and payment of appropriate land cover fees.
The applicant shall be responsible for the implementation of this mitigation
measure, subject to monitoring by the City of Gilroy. (MND, 131O-6a)
24. Future developers of individual lots shall obtain a Santa Clara Valley Habitat Plan
permit from the City of Gilroy, prior to issuance of a grading permit for construction
on individual lots. The permit will require implementation of all applicable project
conditions and payment of appropriate land cover fees. A deed restriction
specifying this requirement shall be placed on each residential lot within this
development, subject to the review and approval of the Planning Division
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The applicant shall be responsible for the implementation of this mitigation
measure, subject to monitoring by the City of Gilroy. (MND, BIO-6b)
25. The applicant and future developers shall include mitigation measures CR-1 and
CR-2 on all construction and bid documents for the project.
Prior to approval of the tents ve rap first final map, the identified boulder mortar
located in proposed open space easement (Parcel D) shall be placed in
archaeological easement. (MND, CR-1)
26. Subject to review and approval by the Public Works Division, the cluster of rocks
shall be relocated into an open space easement on the project site under the
supervision of a qualified archaeological monitor prior to start of roadway grading.
Upon completion of the relocation, a report prepared by the qualified archaeologist
shall be submitted to the Planning Division, prior to issuance of a grading permit.
(MND, CR-2)
27. CR-3. Grading for proposed Street A below lot 47 shall be monitored by a qualified
archaeological monitor. If, at any time, potentially significant cultural materials or
features are encountered, work should be halted until the monitor and/or the
principal archaeologist can evaluate the discovery. If the find is determined to be
significant, appropriate mitigation should be developed with the concurrence of the
City of Gilroy, and implemented. Upon completion of grading for Street A below lot
47, a report prepared by the archaeological monitor shall be submitted to the
Planning Division, prior to road construction. (MND, CR-3)
28. Due to the possibility that significant buried cultural resources might be found during
construction, the following language shall be included on any permits issued for the
project site, subject to the review and approval of the Gilroy Planning Division
(pursuant to Gilroy General Plan Policy 5.07):
If archaeological resources are discovered during 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. (MND, CR-4)
29. In the event of an accidental discovery or recognition of any human remains in any
location other than a dedicated cemetery, the city shall ensure that the language is
included in all permits in accordance with CEQA Guidelines section 15064.5(e),
subject to the review and approval of the City of Gilroy Planning Division:
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
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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. (MND, CR-5)
30. GEO-1 a. Prior to approval of the tentative map, the applicant shall incorporate the
design recommendations relevant to construction of subdivision infrastructure as
identified in the Earth Systems Pacific geotechnical report (October 2014) into the
design of the project. The recommendations are listed on pages 10 through 23 of
the geotechnical engineering report and are included in Appendix E of this initial
study. (MND, GEO-1a)
31. GEO-1 b. Prior to approval of individual development plans, future developers shall
incorporate the design recommendations relevant to the construction improvements
on individual lots as identified in the Earth Systems Pacific geotechnical report
(October 2014) into the design of the project. The recommendations are listed on
pages 10 through 23 of the geotechnical engineering report and are included in
Appendix E of this initial study. (MND, GEO-1 b)
32. N-1. The following language shall be included on any permits issued for the project
site.
a. Limit construction activity to weekdays between 7:00 AM and 7:00 PM and
Saturdays and holidays between 9:00 AM and 7:00 PM, with no construction on
Sundays;
b. Locate stationary noise -generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project
area;
c. Construct sound walls or other noise reduction measures priorto developing the
project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
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f. Utilize "quiet" models of air compressors and other stationary noise sources
where technology exists; and
g. Designate a "disturbance coordinator" who would be responsible for responding
to any complaints about construction noise. The disturbance coordinator will
determine the cause of the noise complaint (e.g., bad muffler, etc.) and will
require that reasonable measures be implemented to correct the problem.
(MND, N-1)
33. For purposes of access, maintenance, repair and other costs associated with The
Forest development, the six lots in Country Estates 4 Area B (Lots 56-61) shall be
annexed into The Forest HOA or shall contribute through private agreement
mutually acceptable to both parties. The annexation or private agreement shall be
executed prior to City Council approval of the tract map for Lots 56 through 61,
subject to the review and approval of the Planning and Engineering Divisions.
34. Prior to final map approval, the developer shall provide the Planning Division with a
disclosure statement, to be recorded on each lot, disclosing that the lot developer
shall build all lot improvements, excluding driveways and low -impact appurtenances,
to include fencing, landscape planting, paths, and landscape lighting, inside the lot's
designated buildable area. The disclosure statement shall further state that, should
a developer propose improvements outside the buildable areas, he or she would
need to undergo additional environmental review to determine potential impact and
possible mitigation measures. This disclosure statement shall be subject to the
review and approval of the Planning Division.
35. The developer shall submit proposed street names to the Street Naming Task
Force. Street names shall be subject to review by and approval of the Street
Naming Task Force prior to final map approval.
36. The developer shall place deed restrictions on lots 12, 13, 15, 16, 17, 18, 19, 20, 24
and 25 requiring "Down Split" foundations/home design or "Side -down Split"
foundations/home design, as appropriate. This deed restriction shall be subject to
the review and approval of the Planning Division.
PUBLIC WORKS/ENGINEERING DIVISION CONDITIONS
37. GENERAL.
a. 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.
b. 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
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shall again submit vector based electronic files readable by AutoCAD and in
PDF format.
c. A duplicate conformed Mylar copy of the Final Map shall be provided to the City
along with an electronic copy.
d. A Final Map with all required dedications shall be filed with the Santa Clara
County Recorder's Office with a copy transmitted to the City.
e. The Owner/Developer will be responsible for the maintenance of the mitigation
area until such time as over 50% of the lots are sold. At this point, the CE4 HOA
will assume responsibility, similarto the same provisions for take-over of private
streets, utilities, etc.
f. Applicant shall provide funding mechanism for maintenance of open space,
landscaping, storm water quality treatment basins, private streets and private
utilities.
g. If access to adjacent property will be necessary to construct proposed
improvements then a letter granting access will be required prior to Final Map
approval.
h. Within 30 days of the tentative map approval, the Developer shall submit an 8-
1/2 X 11-inch site plan to the Engineering Division to assign addressing which
shows the following: tract name and number, lot number, street names, property
lines, right-of-way lines, north arrow and curb cuts for driveway.
i. All mitigation measures as identified in the Initial Study/Mitigated Negative
Declaration are applicable to the project and must be adhered to and
implemented.
j. The Developer shall locate stationary noise -generating equipment as far away
from existing residences as feasible.
k. The Developer shall provide security fencing, to the satisfaction of the City
Engineer around the site during construction of the project.
38. FEES.
a. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and
Public Facilities Development Impact Fees. Payment of Street Tree and Storm
Development Impact Fees is required priorto approval of the Final Map. Sewer,
Water, Traffic, and Public Facilities Development Impact Fees are due at time of
building permit.
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Prior to Final Map approval, the Developer shall submit an estimate of the
probable cost of improvements, pay all plan check and inspection fees, enter
into a property improvement agreement, and provide payment and performance
bonds.
39. TRANSPORTATION.
a. All joint trench shall have (4) dedicated 1 Y2" SCH 80 PVC conduit for City Fiber
Optic need in a Quad duct arrangement. Quad duct shall be as per City STD El-
1 1 (Proposed Street "A".)
b. All street light conduits shall be 2" SCH40 PVC as per City Standard EL-1 and
related pull boxes shall follow City Standard EL-14 (Proposed Street "A".)
c. Final streetlight locations shall be to the satisfaction of the City Traffic Engineer.
d. Common driveways are encouraged in clustered areas to reduce the amount of
paving. Driveways shall be at least 16 feet wide. Turning areas shall be
designed to meet minimum fire -turning requirements. Driveways shall be at a
right angle with the street, whenever feasible. Driveway approaches shall meet
City standards or as determined by the City Traffic Engineer.
e. If driveway exceeds 250 foot in length, one 8 foot by 40 foot turnout shall be
required every 250 feet.
Any work in the public right-of-way shall require a traffic control plan prepared by
a licensed, professional engineer with experience in preparing such plans.
Traffic Control Plan shall be prepared in accordance with the requirements of the
latest edition of the California Manual on Uniform Traffic Control Devices. The
Traffic Control Plan shall be included in the Improvement Plans.
Improvement plans are required for all on -site and off -site improvements. Prior
to Final Map approval and approval of the Improvement Plans, the following
items will need to be completed:
The Developer shall provide joint trench composite plans for the
underground electrical, gas, telephone, cable television, and
communication conduits and cables including the size, location and
details of all trenches, locations of building utility service stubs and
meters and placements or arrangements of junction structures as a part
of the Improvement Plan submittals for the project. A licensed Civil or
Electrical Engineer shall sign the composite drawings and/or utility
improvement plans. (All dry utilities shall be placed underground.)
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ii. The Developer shall negotiate right-of-way with Pacific Gas and Electric
and other utilities subject to the review and approval by the Engineering
Division and the utility companies.
iii. "Will Serve Letters" from each utility company for the subdivision shall be
supplied to the City.
iv. The City will collect the plan check and inspection fee for the utility
underground work.
h. Prior to any construction of the dry utilities in the field, the following will need to
be supplied to the City:
A professional engineer -signed and PG&E -approved original electric
plan.
ii. A letter from the design Electrical or Civil Engineer that states the
electrical plan conforms to City Codes and Standards, and to the
approved subdivision improvement plans.
If the Hecker Pass Specific Plan backbone infrastructure is not already in place
prior to construction of Phase 3, the Developer shall provide a full public street
along North Autumn Drive to the Subdivision including the new golf course
entrance, prior to first house occupancy within Construction Phase 3. North
Autumn Drive shall intersect with the Hecker Pass Highway at the Autumn Drive
roundabout.
40. GRADING.
a. Grading shall be such that it does not create any adverse impacts to neighboring
properties.
b. All grading activity shall address National Pollutant Discharge Elimination
System (NPDES) concerns. If all or part of the construction occurs during the
rainy season, the developer shall submit an Erosion Control Plan to the City
Engineer for review and approval. This plan shall incorporate erosion control
devices and other techniques in accordance with Municipal Code § 27C to
minimize erosion. Specific measures to control sediment runoff, construction
pollution and other potential construction contamination sediment runoff,
construction pollution and other potential construction contamination shall be
addressed through the Erosion Control Plan and Storm Water Pollution
Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control
Plan and project improvement plans. These documents shall also be kept on -
site while the project is under construction. A notice of Intent shall be filed with
the Regional Water Quality Control Board, with a copy provided to the
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Engineering Department before a grading permit will be issued. WDID# shall be
provided prior to Improvement Plan / Final Map approval.
c. All grading operations and soil compaction activities shall be per the approved
project geotechnical report that was prepared for the design of the project and
shall meet with the approval of the City Engineer. Site preparation and cut/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 for each phase of construction, stating that all site preparation and cut/fill
construction were performed in conformance with the requirements of the project
geotechnical report. This shall be subject to review and approval by the
Engineering Division. The developer shall add this condition to the general
notes on the grading plan.
d. Prior to issuance of any permit, the applicant's soils engineer shall review the
final grading and drainage plans to ensure that designs forfoundations, retaining
walls, site grading, and site drainage are in accordance with their
recommendations and the peer review comments. The applicant's soils
engineer's approval shall then be conveyed to the City either by letter or by
signing the plans.
41. LOT DRAINAGE. All lots shall drain to the street or other approved storm drainage
facility unless otherwise approved by the City Engineer.
42. BMP O&M AGREEMENT. This project is subject to post -construction stormwater
quality requirements per Section 27D of the Gilroy Municipal Code. Post -
construction treatment measures must be reviewed and approved by the
Engineering Division prior to Final Map and/or Improvement Plan approval.
a. Stormwater BMP Operation and Maintenance Agreement
Prior to the issuance of any building permit requiring stormwater
management BMPs, the owner(s) of the site shall enter into a formal
written Stormwater BMP Operation Maintenance Agreement with the
City. The City shall record this agreement, against the property or
properties involved, with the County of Santa Clara and it shall be binding
on all subsequent owners of land served by the storm water management
treatment BMPs. The City -standard Stormwater BMP Operation and
Maintenance Agreement will be provided by Public Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP
maintenance activities not alter the designed function of the facility from
its original design unless approved by the City prior to the
commencement of the proposed modification or maintenance activity.
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iii. This Agreement shall also provide that in the event that maintenance or
repair is neglected, or the stormwater management facility becomes a
danger to public health or safety, the city shall have the authority to
perform maintenance and/or repair work and to recover the costs from
the owner.
iv. All on -site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired/replaced by the
property owner(s), an owners' or homeowners' association or other legal
entity approved by the City.
V. Any repairs or restoration/replacement and maintenance shall be in
accordance with City -approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life
of any stormwater management facility and shall describe the
maintenance to be completed, the time period for completion, and who
shall perform the maintenance. This maintenance schedule shall be
included with the approved Stormwater Runoff Management Plan.
b. Stormwater BMP Inspections will be required for this project and shall adhere to
the following:
The property owner(s) shall be responsible for having all stormwater
management facilities inspected for condition and function by a
knowledgeable third party.
ii. Unless otherwise required by the City Engineer or designee, stormwater
facility inspections shall be done at least twice per year, once in fall, in
preparation for the wet season, and once in winter. Written records shall
be kept of all inspections and shall include, at minimum, the following
information:
(a) Site address;
(b) Date and time of inspection;
(c) Name of the person conducting the inspection;
(d) List of stormwater facilities inspected;
(e) Condition of each stormwater facility inspected;
(f) Description of any needed maintenance or repairs; and
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(g) As applicable, the need for site re -inspection.
iii. 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.
43. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Department. A Notice of Intent (NO]) and Storm Water
Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay
Regional Water Quality Control Board for projects disturbing more than one acre. A
maximum of two weeks is allowed between clearing of an area and
stabilizing/building on an area if grading is allowed during the rainy season. Interim
erosion control measures, to be carried out during construction and before
installation of the final landscaping shall be included. Interim erosion control
method shall include, but are not limited to: silt fences, fiber rolls (with locations and
details), erosion control blankets, City standard seeding specification, filter berms,
check dams, retention basins, etc. Provide erosion control measures as needed to
protect downstream water quality during winter months. The grading, drainage,
erosion control plans and SWPPP shall be in compliance with applicable measures
contained in the amended provisions of NPDES Permit.
44. PRIOR TO RECORDATION OF THE FINAL MAP.
a. Prior to recordation of the final map, the Homeowners Association, Conditions,
Covenants and Restrictions and/or property owner's Maintenance Agreement
shall be reviewed and approved by the Public Works Department, Fire, and the
Planning.
Prior to Final Map recordation, the Developer shall provide approved access
easements to the subdivision.
45. WATER.
a. Improvement Plans and Plot Plans shall clearly identify those lots requiring a
pump or pressure reducer. Improvement Plans shall also identify the water
pressure zone for each lot and distribution system water pipe.
b. The project shall fully comply with the measures required by the City's Water
Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article
VI), and subsequent amendments, which was adopted on August 4, 2014 to
meet the requirements imposed by the State of California's Water Board. This
ordinance established permanent voluntary water saving measures and
temporary conservation standards.
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i. All construction water from fire hydrants shall be metered and billed at the
current hydrant meter rate.
ii. Recycled water shall be used for construction water, where available, as
determined by the Public Works Director. Recycled water shall be billed
at the municipal industrial rate based on the current Santa Clara Valley
Water District's municipal industrial rate.
iii. Where recycled water is not available, as determined by the Public
Works Director, potable water shall be used. All City potable waterwill be
billed based on the City's comprehensive fee schedule under the
Portable Fire hydrant meter rate.
c. The Developer shall perform field verification testing of the water system and
shall modify any part of the systems that does not perform to the standards
established by the City.
d. A two-inch service is required for hillside lots to accommodate fire sprinklers.
Service/meter shall be upsized if necessary water pressure is not met.
46. UTILITIES.
a. Storm and sewer lines in private streets shall be privately maintained unless
approved by the City Engineer in writing.
b. Sanitary sewer laterals and/or water meters located in driveways shall have
traffic rated boxes and lids.
c. The Developer/Contractor shall make accessible any or all City utilities as
directed by the City Engineer.
d. The Developer shall provide sewer backflow valves for sewers laterals on all lots
where the upstream sewer main is at an elevation above the lot.
e. A note shall be placed on the composite joint trench plans which states that the
composite joint trench plan agrees with City Codes and Standards and that no
underground utility conflict exists.
47. ENCROACHMENT PERMIT. The developer shall be required to obtain a City of
Gilroy encroachment permit for all work (i.e. sidewalk, curb, gutter, driveway,
roadway, alley, etc.) in the City right of way.
48. NOTICING. At least one week prior to commencement of work, the Developer shall
post the site and mail to owners of property within (300') three hundred feet of the
exterior boundary of the project site, to the homeowner associations of nearby
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residential projects and to the Engineering Department, 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.
49. START OF CONTRUCTION. 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.
50. WORKING HOURS. Construction activity shall be restricted to the period between
7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m.
for general construction activity. No work shall be done on Sundays and City
Holidays. The City Engineer will apply additional construction period restrictions, as
necessary, to accommodate standard commute traffic along arterial roadways and
along school commute routes.
51. WORK INSPECTION. All work shown on the improvement plans shall be
inspected. Uninspected work shall be removed as deemed appropriate by the City
Engineer.
52. HAUL PERMIT. 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.
53. DUST CONTROL. 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. Further, 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. Watering on
public streets shall not occur. Streets will be cleaned by street sweepers or by hand
as often as deemed necessary by the City Engineer, 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. 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 City. Demolition or earthwork activities shall be
halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling
soil, sand, or other loose debris shall be covered.
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54. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated
gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to
park on the portion of a street which abuts property in a residential zone without
prior approval from the City Engineer (§ 15.40.070).
55. SILT AND MUD. It is the responsibility of contractor and homeowner to make sure
that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud,
silt, concrete and other construction debris shall not be washed into the City's storm
drains.
56. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or
replace all existing improvements not designated for removal that are damaged or
removed because of developer's operations. Improvements such as, but not limited
to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement
markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a
condition equal to or better than the original condition. Existing improvement to be
repaired or replaced shall be at the direction of the Engineering Construction
Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer
shall request a walk-through with the Engineering Construction Inspector before the
start of construction to verify existing conditions.
57. CONTRUCTION STAGING. Developer shall create a construction staging plan that
addresses the ingress and egress location for all construction vehicles, parking and
material storage area. This plan shall be subject to review and approval by the
Engineering Department prior to the issuance of a grading permit.
58. FIRE FLOW. Certification of fire flow test for each zone is required prior to final
permit, the highest elevation is to be tested (Add to general notes on Plan Title
sheet). Fire flow for the project shall be modeled for a minimum of 1,500 gpm for
residential fire flow. Street Hydrants shall be placed every 300 feet and within 150
feet of any building. Off -site improvement plan shall provide Fire Hydrant per the
City Standard. Hydrants shall be installed prior to commencement of construction
with combustible materials.
59. MONUMENTS.
a. A minimum of one exterior monument shall be set. Additional monuments can
be required by the City Engineer or City Surveyor as deemed necessary.
b. Monuments shall be located and referenced by or under the direction of a
licensed land surveyor or licensed civil engineer legally authorized to practice
land surveying prior to work. Any City monuments damaged, displaced or
destroyed shall be replaced at the developer's sole expense.
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60. HILLSIDE DEVELOPMENT
a. Provide a curb -side trash pad with dimensions and locations to be determined at
A&S for each house.
b. Houses to be located on slopes over 15% shall utilize special foundations
designs. These foundation designs shall be approved by the City Engineer. A
house may be elevated to a level point on the hillside through the use of poles
and/or piers. Traditional pad foundations may be used, but only if it does not
necessitate a high wall or bank around the home. Split-level homes and
cantilever foundations shall be used to minimize soil disruption and should follow
the natural contours of the hillside.
61. IMPROVEMENT CERTIFICATION. Certification of grades and compaction is
required prior to Building Permit final. This statement must be added as a general
note to the Grading and Drainage Plan.
62. IMPROVEMENTS CERTIFICATION. Certification of improvements on the site plans
are required prior to Building final (add to general notes on Title Sheet of Plans).
63. RETAINING WALL CERTIFICATION. Certification is required by the design
engineer of the design and construction for all retaining walls shown on the
improvement plans prior to final acceptance of the subdivision.
64, ACCEPTANCE OF IMPROVEMENTS. Until such time as all improvements
required are fully completed and accepted by City, Developerwill 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 the Developer.
FIRE DEPARTMENT CONDITIONS
TM Conditions shall be included on off -site improvement plans as "Fire Department Notes"
Prior to street completion the Fire Marshal shall be contacted and a fire clearance for off -
site improvements be scheduled. No building permits will be issued without a Fire —Off-
Site Improvement Permit.
65. Fire Hydrants shall be able to flow 1,500 gpm with a 20 psi residual pressure for
homes up to 3,600 square feet. A higher flow or mitigation by installation of a
residential fire sprinkler system is required for larger home sizes. Street Hydrants
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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. Fire
Hydrant locations shall be approved by the Fire Marshal prior to final map/site
improvements. The most remote hydrant shall be flow tested by a qualified person
or the Fire Marshal prior to possession by the water department. Flowtest shall be
submitted to the Fire Marshal prior to the building permit. Curbing shall be painted
red for 15 feet on each side of each hydrant.
66. All homes shall be provided with water laterals and meters sized to allow for a
residential NFPA 13d fire sprinkler system. Plot plans for tract homes shall specify
that the house is to be provided with fire sprinklers. Homes in the hillside shall have
2-inch water meters.
67. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical
clearance of not less than 13.5 feet shall be provided. Turning radius shall not be
less than 32 feet inside and 39 feet outside. Road widths shall be as follows:
a. Less than 28 feet: no parking on either side
b. Less than 36 feet: no parking on one side.
C. 36 feet or greater: parking not restricted.
68. Where parking is restricted, it shall be posted with signs that state: "No Parking --Fire
Lane'; 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 bythe developer forthe HOA to follow,
and shall be included in the CC&R's.
69. The Final map shall include a paragraph that reads: "Red curbing and signage shall
be maintained by the Homeowners' Association. A parking enforcement plan shall
be implemented by the Homeowners' Association."
70. Dead end public streets in shall be provided with a cul-de-sac of 78-feet diameter.
Private streets may use alternate turn -around configurations when fire sprinklers are
provided. These include a hammer head with 30-foot deep extensions on each side
of the roadway and a three-point turnaround consisting of a 54-foot x 54-foot
rectangular turnaround from a minimum 20-foot entry adjacent to one corner.
71. Roads shall not exceed 15% grade, except where an alternate design has been
approved bythe Public Works Director, shall provide a 14-foot overhead clearance,
and an inside turning radius of not less than 32-feet and outside radius of not less
than 39-feet.
72. Grade transition from streets to driveways shall not exceed 2%. Other grade
transitions shall not exceed 10% or be such that 30-foot fire apparatus shall not
bottom out.
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73. Gated Streets shall have Fire and Police KNOX access. Gates shall provide
opening of full width of roadway being served.
74. Street signage shall be installed prior to any on -site improvements (foundations or
buildings) has begun.
75. Secondary access shall be provided when 30 or more units served. Secondary
access is to provide a second means to the project area as a whole. Secondary
Fire access other than a standard roadway is to be reviewed and approved Fire
Chief. Gated Access Roadways shall be provided with electronic and provided with
an Opticom opening system compatible with the Fire Department equipment.
76. A 30-footwide fuel transition zone shall be provided along the outer perimeterof the
open space areas. A fuel transition zone plan shall be provide for approval by the
Fire Marshal. Open space and fuel transition zones shall be maintained by the HOA
pursuant to the approved fuel transition zone plan.
77. If a lot is likely to have a private driveways in excess of 150 feet, it shall be provided
with an approved turn -around as part of the site development or a disclosure shall
be provided indicating that the site will need to provide a turn -around at the time of
development.
78. Lots against an open area shall be provided with a 30-foot setback from the open
space or the open space is managed by an HOA.
79. Open space areas shall be maintained with provisions for Fire Department Access
via a base rock roadway and curb cut. At a minimum one Fire Hydrant shall be
provided at the access point to the open space. Open spaces shall have the
vegetation assessed by a professional that has done vegetation management for
Urban Wildland Interface Areas. Vegetation may be required to be modified prior
to turning the area over to an HOA. Provisions for providing a fire break or at a
minimum modification of fuel shall be done in a FTZ between the open space and
buildings.
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PASSED AND ADOPTED this 5th day of February 2015 by the following roll call vote:
AYES: COMMISSIONERS: Fischer, Gullen, Kloecker, Lai, Rodriguez, Sanford,
Ashford
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Susan L. Martin, Secretary
APPROVED: