Resolution No. 2023-06 | Architectural and Site (AS 21-13) for Gilroy Square Project | Adopted 05/04/2023AS 21-13
RESOLUTION NO. 2023-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT
DEVELOPMENT PERMIT FOR THE GILROY SQUARE PROJECT ON 10.18
ACRES OF PROPERTY LOCATED AT 6970 CAMINO ARROYO, APN: 841-70-
049 (FILE NUMBER AS 21-13)
WHEREAS, on July 29, 2021, Bhagirath Desai, Temple Gilroy LLC submitted an
application for the Gilroy Square project requesting planned unit development zone change for the
Gilroy Crossings C3-HC-M2 PUD phase II, architectural and site review for the PUD amendment,
and tentative map to create six parcels for proposed development of a drive-through restaurant,
vehicle fueling station with a convenience store and carwash, two 4 story hotels with 200 rooms,
and two speculative industrial buildings, all of which would be on separate new parcels; and
WHEREAS, on July 7, 2022, the application submittal was accepted as complete; and
WHEREAS, an initial study/mitigated negative declaration (MND) and mitigation
monitoring and reporting program (MMRP) has been adopted for the project by separate
resolution, and the mitigation monitoring and reporting program shall apply to approve of project
zoning entitlements, which incorporates the mitigation measures identified in the MND to reduce
the project potential environmental impacts to less than significant, in compliance with the
California Environmental Quality Act; and
WHEREAS, on May 4, 2023, the Planning Commission held a duly noticed public
meeting, at which time the Planning Commission received and considered the staff report as well
as all evidence received including written and oral public testimony on the Gilroy Square zoning
amendment and related entitlements; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based is the Community Development
Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby recommends to the City Council the approval of the Architectural and Site Review Planned
Unit Development Permit AS 21-13 based on the following findings made pursuant to Gilroy City
Code section 30.50.43 (Scope of Review) and Section 30.50.50 (Planned Unit Development)) and
subject to the conditions identified in Exhibit A to this Resolution:
A. The project has been reviewed for compliance with City standards for traffic safety
and efficiency including driveway and drive aisle dimensions, bicycle and vehicle
parking, pedestrian access, emergency vehicle and truck circulation and access, and
off-site traffic improvements. Conditions have been included as recommended by the
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City Engineer and consistent with those recommended in the project traffic report. The
project also requires payment of traffic impact fees, and lengthening of a left turn lane
queue lane into the site from Camino Arroyo. These conditions are detailed in the
draft resolution for approval. As proposed and conditioned the project will provide
safe and efficient traffic circulation. Furthermore, As proposed and conditioned
parking for vehicles and bicycles will be provided for each building and for drive
through service lanes in compliance with City standard parking regulations, building
code requirements and design standards;
B. Buildings are designed to accommodate signage which shall be subject to separate
sign permit and review for compliance with the Gilroy Crossings sign program; and
C. As proposed and conditioned, the project includes planned unit development standards
and design criteria that includes unique architectural design details for each site and
addressing all sides of each building, diverse colors and materials palettes that
complement the buildings, and articulation in building wall planes and fenestration
details;
D. Landscaping details are provided that address stormwater treatment and water efficient
landscaping requirements, meeting commercial landscaping standards with minimum
21-foot landscaping proposed along the street frontage, typical 5-foot minimum
planters, street trees along the project frontage and perimeter, distributed throughout
parking areas, and landscape islands at the ends of parking rows;
E. The project as proposed and conditioned complies with drainage and fire protection
requirements;
F. Environmental impacts of the project have been adequately assessed in the mitigated
negative declaration prepared for the proposed development, with mitigation measures
and conditions included that ensure any potential impacts would be less than
significant; and
G. The project satisfied findings for approval of the planned unit development permit as
follows:
a. Conforms to the Gilroy general plan in terms of general location and standards of
development in that the project is recommended as consistent with the general
plan and will conform to the standard C3/HC commercial and M2 Industrial
zoning building setback and height requirements;
b. Provides development which will fill a specific need of the surrounding area, in
that it builds out the site with commercial and industrial uses as anticipated by the
general plan and PUD;
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c. Does not require urban services beyond those which are currently available, in that
the project has been reviewed by appropriate city staff and has been confirmed as
within the intensity of development on which sewer and water analyses were
based, and sufficient capacity exists for site buildout;
d. Provides a harmonious, integrated plan which justifies exceptions, if such are
required, to the normal requirements of this chapter. The applicant is proposing
development that conforms to the base zoning regulations and as proposed and
conditioned does not require exceptions. Further, the site provides internal
connectivity between compatible uses as well as adjacent sites;
e. Reflects an economical and efficient pattern of land uses in that the proposed
intensity of development accommodates allowed uses, including desired visitor
accommodation, in compliance with city standards;
f. Include greater provisions for landscaping and open space than would generally be
required, in that the site utilizes predominately low water use plants as shown on
plan sheet L1.00, incorporates bioretention areas in site landscaping, and provides
more than 18% of the site in landscaping exceeding the 8% minimum standard
required pursuant to section 30.38.60;
g. Utilizes creative, aesthetic design principles to create attractive buildings, open
space and site design to blend with the character of surrounding areas; in that the
design and architecture includes high quality materials, fully articulated facades,
screening of exterior equipment and is compatible with the design in Gilroy
Crossings Phase 1 shopping center;
h. Would not create traffic congestion, noise, odor, or other adverse effects on
surrounding areas as the project has been conditioned to avoid any conflicts or
issues and accommodate anticipated traffic flows; and
i. Provides adequate access, parking, landscaping, trash areas and storage, as
necessary, as shown on plans and conditioned.
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PASSED AND ADOPTED this 4th day of May by the following roll call vote:
AYES: Commissioner Elle, Lewis, Montez, Ramirez, Vice Chair Kushner, and Chair
Bhandal
NOES: None
ABSENT: Commissioner Leongardt
ATTEST: APPROVED:
______________________________ ___________________________________
Sharon Goei, Secretary Manny Bhandal, Chairperson
Community Development Director
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EXHIBIT A
AS 21-13
Gilroy Square (Gilroy Crossings Phase II-PUD)
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval is granted for Gilroy Crossings Planned Unit
Development Phase II, 10.18 acre site located on the east side of Camino Arroyo,
which includes a tentative map to create 6 parcels, architectural and site plan
approval for a new restaurant with a drive through, a gas station with convenience
store and car wash, two four story hotels and two lots for future indu strial uses that
shall be subject to C3/HC commercial and M2 industrial development standards,
as specifically shown on the approved project development plans as follows:
Architectural Plans prepared for Gilroy Square by ACE Design LLC dated
1/26/23 consisting of 36 sheets;
Civil Plans prepared for Gilroy Square by ACE Design LLC, dated 2/9/23
consisting of 9 sheets;
Landscape Plan prepare for Gilroy Square Development by Quadriga, dated
7/9/21 consisting of 1 sheet;
Photometric Plan prepared for Gilroy Square by ACE Design LLC, dated
1/23/23 consisting of 2 sheets;
Materials Boards for Burger King, C Store, Canopy, Carwash, Holiday Inn
Suite, Residence Inn, Future Warehouse 1 and Future W arehouse 2,
stamped approved in the project file; and
Tentative Subdivision Map for 6970 Camino Arroyo by R ose’s Engineering
dated 7/23/22 Sheet 1.
Build-out of the project shall conform to the plans, except as otherwise specified in
these conditions. Any future adjustment or modification to the plans, including any
changes made at time of building permit submittal, shall be considered by the
Community Development Director or designee, may require separ ate discretionary
approval, and shall conform to all City, State, and Federal requirements, including
subsequent City Code requirements or policies adopted by Ci ty Council.
2. PERMIT EXPIRATION: The expiration date of this approval is two years from the
decision date of the City Council. If any development for which architectural and
site approval has been granted has not obtained building permits within two (2)
years from the date of notification of approval, the approval shall be deemed
automatically revoked.
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Upon application, an extension of time may be granted by the Community
Development Director or designee. Should Developer intend to request an
extension to the permit expiration date, Developer must submit to the Planning
Division a written application with applicable fees prior to the expiration date. Only
timely requests may be considered pursuant to the City Code.
3. RELATED ENTITLEMENTS: This permit is subject to the findings conditions of
approval, and mitigation measures of concurrent related entitlements TM 21-02
and Z 22-01, or any subsequent amendments.
4. SUBSEQUENT ENTITLEMENTS: Subsequent site development, including the
speculative industrial parcels if building permit applications are not filed prior to
occupancy of the commercial phase of development and in accordance with
approved plans, shall be subject to separate staff level administrative architectural
and site permit review.
5. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply
with any of the conditions of this permit, the Developer, owner or tenant shall be
subject to permit revocation or enforcement actions pursuant to the City Code. All
costs associated with any such actions shall be the responsibility of Developer,
owner or tenant.
6. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at
Developer’s own expense, to defend, ind emnify, and hold harmless the City of
Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees
and agents from any and all claim(s), action(s) or proceeding(s) brought against
the City or its officers, contractors, consultants, attorneys, employees, or agents to
challenge, attack, set aside, void or annul the approval of this resolution or any
condition attached thereto or any proceedings, acts or determinations taken,
including actions taken under the California Environmental Quality Act of 1970, as
amended, done or made prior to the approval of su ch resolution that were part of
the approval process.
7. SIGNS: No signs are approved as part of this application. Prior to issuance of a
sign permit for this site, Developer shall propose well-designed, quality signs that
comply with the allowances of the City Code and Gilroy Crossings (Regency) Sign
Program, subject to the satisfaction of the Community Development Director or
designee.
8. WATER LIMITATIONS: Developer shall be advised that the approval is subject to
the drought emergencies provisions pursuant to the Gilroy City Code Chapter
27.98.
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The following conditions shall be addressed PRIOR TO ISSUANCE of any BUILDING
PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as
otherwise specified in the condition.
9. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that
includes a reproduction of all conditions of approval of this permit, as adopted by
the decision-maker.
10. MULTI-PHASE DEVELOPMENT: Construction of the project may be done in
multiple phases. The applicant shall submit a phasing plan for city review and
approval at time of submittal of Improvement Plans or prior to issuance of the first
building permit, whichever occurs first. Each phase of development must
demonstrate grade and landscape connectivity with adjacent site improvements.
The first development in the commercial phase shall be responsible for completion
of all required off-site, frontage landscaping and sidewalks for the entire phase,
and shared bioswale, parking or drive aisle improvements adjacent to the subject
parcel.
11. PUBLIC ART/PUD AMENITY: In compliance with City Code 30.26 (PUD amenity)
and other City policies, prior to issuance of grading permits the developer shall
submit a process, timetable, and evidence of commitment acceptable to the City to
ensure installation of a suitable, significant piece of p ublic-oriented sculpture or
similar public art installation prior to occupancy.
Preliminary concepts, artist, and type of work shall be submitted to the Community
Development Director for review. All public art must be reviewed and approved by
the City of Gilroy Arts and Culture Commission prior to issuance of building
permits.
12. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall obtain a final Habitat Permit approval and submit payment of
mitigation fees. The grading permit will be issued only after approval of the Habitat
Plan permit and payment of assessed fees. The applicant shall be responsible for
all costs associated with review and issuance of the permit, including application
processing fee and consultant review deposit.
The application shall consist of submittal of a Santa Clara Valley Habitat Plan
Application For Private Projects and Fees and Conditions. Applications for Private
Projects shall be submitted electronically through the agency website]. See the
Santa Clara Valley Habitat Agency website: https://www.scv-habitatagency.org for
more information.
13. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall
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certify in writing that the architectural design shown in the building permit plans
match the plans approved by the Community Development Director or
designee/Planning Commission/City Council. Any changes must be clearly noted.
The project architect shall also certify that the structural plans are con sistent with
the architectural plans. In the event of a discrepancy between the structural plans
and the architectural plans, the architectural plans shall take precedence, and
revised structural drawings shall be submitted to the Building Division.
14. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior
to initiating any new construction or modifications authorized under this approval,
including but not limited to temporary construction trailers, temporary staging
areas, model home sales offices, advertising signs of any kind, exterior and interior
modifications. Developer shall pay all requisite fees in effect at the time of plan
submittal and/or issuance, as applicable.
15. OTHER REVIEW AGENCIES: This project requires review and approval by
outside agencies including, but not limited to [REVIEWING AGENCIES]. Proof of
approval from these agencies may be required prior to building permit issuance,
inspections, or prior to Certificate of Occupancy.
16. COLORS AND MATERIALS: Plans submitted for building permit applications shall
include all exterior building materials and colors, including product and finish
manufacturer name, color name and number, and surface finish type (e.g. stucco
with sand finish, plaster with smooth finish) to be used in construction.
17. LIGHTING PLAN: Developer shall submit a lighting plan with the application for
building permit. This plan should include photometric contours, manuf acturer’s
specifications on the fixtures, and mounting heights. Parking lot and exteri or light
fixtures shall be full cutoff type so that lighting is directed downward only,
minimizing glare and light pollution, and shall not cast light on any adjacent
property or roadway. Developer shall recess or conceal any under-canopy lighting
elements so they are not directly visible from any public area. The lighting plan
must be approved by the Community Development Director or designee.
18. LANDSCAPE AND LIGHTING PLAN: Prior to issuance of grading permits,
Developer shall submit a combined landscape and lighting plan to verify all project
onsite lighting shall be of a type and in a location that does not constitute a hazard
to vehicular traffic, either on private property or on public property, including
streets. Such lighting shall not conflict with drainage plans, landscape plans, tree
locations, parking spaces, or any other such land use concerns.
19. BICYCLE RACKS OR STORAGE: Bicycle racks and lockers shall be provided as
required by the Building Division and Engineering conditions of approval. Racks
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shall be “inverted U,” or equivalent as approved by the Community Development
Director, and must secure the frame and both wheels. Racks should be located
near the building entrance (i.e., within constant visual range) unless it is
demonstrated that they create a public hazard or locating them there is otherwise
infeasible. If space is unavailable near building entrances, the racks must be
designed so that the lock is protected from physical assault.
20. PARKING MANAGEMENT PLAN (SHARED PARKING): Developer shall create a
parking management plan describing parking allocation for residents, guests,
and/or commercial uses within the project, subject to approval by the Community
Development Director or designee.
21. MUTUAL ACCESS: The Developer shall prepare a legal agreement recorded to
run with the land providing for mutual access as follows:
a. Access and maintenance agreement shall be established for the
commercial lots and for the two industrial parcels.
b. An additional access opportunity shall be provided from the northerly portion
site drive aisle to parcel(s) east of the site, on Silacci W ay, subject to review
and approval by the City Engineer and Community Development Director.
c. Agreement shall be approved by the City Attorney, City Engineer and
Community Development Director or designee and shall state that it may
not be modified without the City’s consent.
22. LOADING ZONES: Prior to issuance of building permit, Developer shall stripe all
loading zones, whether situated outside or inside a structure, for loading and
unloading activities only and shall post a sign prohibiting storage or other non-
loading activity within the designated loading zone.
23. TRASH ENCLOSURE: Prior to building permit issuance, details of an opaque
screen trash enclosure are to be shown on construction drawings and approved by
the Community Development Director or designee. The trash enclosure should
match the architectural design, color, and materials of the primary structure. The
trash enclosure for restaurants and other uses with food service shall be equipped
with hot water, a drain inlet to the sanitary sewer system, and a locking device.
24. SCREENING OF APPERTUNANCES: Developer shall show screening on
construction drawings details as follows:
a. Screening for all exterior equipment, including but not limited to mechanical
equipment, post indicator valves, backflow prevention devices, utility meters,
mailboxes and address directories, etc.
b. Ground mounted utility appurtenances such as transformers shall not be
visible from any public right-of-way and shall be adequately screened
through the use or combination of concrete or masonry walls, berms, and
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landscaping.
c. Backflow preventers shall be painted dark green, except the fire connection
which shall be painted yellow. The final placement and design of these
items shall be to the satisfaction of the Community Development Director or
designee.
25. ROOFTOP EQUIPMENT: Developer shall ensure rooftop mechanical equipment,
including but not limited to heating and cooling systems, plum bing vents, ducts,
antennas and other appurtenances protruding from the roof are recessed or
otherwise screened. Details of the roof equipment and roof screens shall be
included in the building permit drawings and approved by the Community
Development Director or designee.
26. ROOF AND BUILDING DRAINPIPES: Developer shall install all roof and building
drainpipes and downspouts inside building elements. These items shall not be
visible on any exterior building elevations.
27. RAIN GUTTERS AND DOWNSPOUTS: Developer shall install all roof and building
rain gutters and downspouts, vents, and flashing to integrate as closely as possible
with building design elements, including matching the color of the adjacent surface.
28. LANDSCAPING: Prior to building permit issuance, proposed landscaping shall be
shown on the site plan and submitted with the construction drawings for review and
approval by the Community Development Director or designee.
29. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall
clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil
surfaces, as required by the State Model Water Efficient Landscape Ordinance
(MWELO).
30. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant
species, such as those listed by the California Invasive Plant Council.
31. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building
permits or initiation of the proposed use, whichever comes first, Developer shall
submit a completed Landscape Documentation Package, including a soil
analysis/management report along with appropriate application review fees, to the
Community Development Department, including required documentation for
compliance verification, and obtain approval of such plans.
32. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall (as
part of the irrigation system) indicate on construction drawings sensors that
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suspend or alter irrigation operation during unfavorable weather conditions (e.g.
automatic rain shut-off devices).
33. PRECONSTRUCTION NESTING BIRD SURVEY: To the extent practicable,
vegetation removal and construction activities shall be performed from September
1 through January 31 to avoid the general nesting period for birds. If construction
or vegetation removal cannot be performed during this period, preconstruction
surveys will be performed no more than two days prior to construction activities to
locate any active nests as follows:
“The Developer shall be responsible for the retention of a qualified biologist to
conduct a survey of the project site and surrounding 500’ for active nests: with
particular emphasis on nests of migratory birds: if construction (including site
preparation) will begin during the bird nesting season, from February 1 through
August 31. If active nests are observed on either the project site or the
surrounding area, the project applicant, in coordination with the appropriate
City staff, shall establish no-disturbance buffer zones around the nests, with
the size to be determined in consultation with the California Department of
Fish and Wildlife (usually 100’ for perching birds and 300’ for raptors). The no-
disturbance buffer will remain in place until the biologist determines the nest is
no longer active or the nesting season ends. If construct ion ceases for two
days or more and then resumes during the nesting season, an additional
survey will be necessary to avoid impacts on active bird nests that may be
present.”
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL
INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs
first, or as otherwise specified in the condition.
34. ON- AND OFF-SITE IMPROVEMENTS: Prior to occupancy, Developer shall
complete all required offsite and onsite improvements related to the project,
including structures, paving, and landscaping, unless otherwise allowed by the
Community Development Director, or stated in these conditions.
35. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate
of occupancy or building permit final sign-off, Developer shall complete installation
of all landscaping and irrigation in accordance with the approved plans.
36. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation of
the proposed use, or completion of each build -out phase of development,
Developer shall submit a signed Certificate of Completion, along with all necessary
supporting documentation and payment to the Community Development
Department, for compliance verification of the landscape installation. Developer is
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required under the Model Water Efficient Landscape Ordinance (MWELO) to
provide a copy of the approved Certificate of Completion to the property owner or
his or her designee.
37. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required
for the foundation, framing, application of exterior materials, and final completion of
each structure to ensure that the construction matches the approved plans.
38. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall
remove all construction materials, debris, and vehicles from the subject property.
The following conditions shall be met prior to the approval of the FINAL MAP or
PARCEL MAP, or other deadline as specified in the condition.
39. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions,
and restrictions (CC&Rs) applicable to the project property shall be consistent with
the terms of this permit and the City Code. If there is a conflict between the CC&Rs
and the City Code or this permit, the City Code or this pe rmit shall prevail.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the
condition.
40. CONSTRUCTION RELATED NOISE: To minimize potential construction-related
impacts to noise, Developer shall include the following language on any grading,
site work, and construction plans issued for the subject site
“During earth-moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m.,
and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is
prohibited on Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a
construction project area;
c. Construct sound walls or other noise reduction measures prior to developing
the project site;
d. Equip all internal combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate for the
equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize “quiet” models of air compressors and other stationary noise sources
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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.”
41. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction-
related impacts to air quality, Developer shall require all construction contractors to
implement the basic construction mitigation measures recommended by the Bay
Area Air Quality Management District (BAAQMD) and shall include the following
language on any grading, site work, and construction plans issued for the project
site
“During earth-moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or
offsite shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15
miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of
California Code of Regulations [CCR]). Clear signage shall be provided for
construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be
checked by a certified visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact
at the lead agency regarding dust complaints. This person shall respond
and take corrective action within 48 hours. The Air District’s phone number
shall also be visible to ensure compliance with applicable regulations.”
42. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered,
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the Developer will ensure the contractor employs engineering controls a nd Best
Management Practices (BMPs) to minimize human exposure to potential
contaminants. Engineering controls and construction BMPs will include, but not be
limited to, the following:
a. Contractor employees working on-site will be certified in OSHA’s 40-hour
Hazardous Waste Operations and Emergency Response (HAZWOPER)
training;
b. Contractor will stockpile soil during development activities to allow for proper
characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor
emissions with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto
transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from preva iling
winds; and
f. Contractor will cover the bottom of excavated areas with sheeting when
work is not being performed.
43. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is
discovered during construction of the project, excavations within 50’ of the find
shall be temporarily halted or delayed until the discovery is examined by a qualified
paleontologist, in accordance with the Society of Vertebrate Paleontology
standards. The City shall include a standard inadvertent discovery clause in eve ry
construction contract to inform contractors of this requirement. If the find is
determined to be significant and if avoidance is not feasible, the paleontologist
shall design and carry out a data recovery plan consistent with the Society of
Vertebrate Paleontology standards.
44. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an
accidental discovery of archaeological resources during grading or construction
activities, Developer shall include the following language on any grading, site work,
and construction plans issued for the project site:
“If archaeological or cultural resources are discovered during earth-moving,
grading, or construction activities, all work shall be halted within at least 50
meters (165 feet) of the find and the area shall b e staked off immediately.
The monitoring professional archaeologist, if one is onsite, shall be notified
and evaluate the find. If a monitoring professional archaeologist is not
onsite, the City shall be notified immediately and a qualified professional
archaeologist shall be retained (at Developer’s expense) to evaluate the find
and report to the City. If the find is determined to be significant, appropriate
mitigation measures shall be formulated by the professional archaeologist
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and implemented by the responsible party.”
45. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or
recognition of any human remains, Developer shall include the following language
in all grading, site work, and construction plans:
“If human remains are found during earth-moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or
any nearby area reasonably suspected to overlie adjacent human remains
until the coroner of Santa Clara County is contacted to determi ne 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 identif y 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.”
46. MITIGATION MEASURES: The mitigation monitoring and reporting program
adopted for the project shall be incorporate by reference herein implementing the
following measures:
BIO-1 To avoid/minimize impacts to burrowing owls potentially occurring
within the project site, the project applicant shall retain a biologist
qualified in ornithology to conduct surveys for burrowing owl. The
approved biologist shall conduct a two-visit (i.e., morning and evening)
presence/absence survey at areas of suitable habitat on and adjacent
to the project site boundary no less than 14 days prior to the start of
construction or ground disturbance activities. Surveys shall be
conducted according to methods described in the Burrowing Owl
Survey Protocol and Mitigation Guidelines (California Burrowing Owl
Consortium 1993) and the Staff Report on Burrowing Owl Mitigation
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(California Department of Fish and Wildlife 2012). The applicant shall
submit evidence of completion of the preconstruction survey to the City
of Gilroy Planning Department prior to issuance of a grading permit.
Because burrowing owls occupy habitat year-round, seasonal no-
disturbance buffers, as outlined in the Burrowing Owl Survey Protocol
and Mitigation Guidelines (California Burrowing Owl Consortium 1993)
and the Staff Report on Burrowing Owl Mitigation (California
Department of Fish and Wildlife 2012), shall be in place around
occupied habitat prior to and during any ground disturbance activities.
The following table includes buffer areas based on the time of year and
level of disturbance (California Department of Fish and Wildlife 2012),
unless a qualified biologist approved by the California Department of
Fish and Wildlife verifies through non-invasive measures that either: 1)
birds have not begun egg laying and incubation; or 2) that juveniles
from the occupied burrows are foraging independently and are capable
of independent survival.
Location Time of Year Level of Disturbance Buffers
(meters)
Low Med High
Nesting
Sites
April 1 – Aug
15
200 m 500 m 500 m
Nesting
Sites
Aug 16 – Oct
15
200 m 200 m 500 m
Nesting
Sites
Oct 16 – Mar
31
50 m 100 m 500 m
If burrowing owl is found and avoidance is not possible, burrow
exclusion may be conducted by qualified biologists only during the non -
breeding season, before breeding behavior is exhibited and after the
burrow is confirmed empty through non-invasive methods, such as
surveillance. Occupied burrows shall be replaced with artificial burrows
at a ratio of one collapsed burrow to one constructed arti ficial burrow
(1:1). Evicted burrowing owls may attempt to colonize or re-colonize an
area that would be impacted, thus ongoing surveillance during project
activities shall be conducted at a rate sufficient to detect burrowing
owls if they return.
If surveys locate occupied burrows in or near construction areas,
consultation with the CDFW shall occur to interpret survey results and
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develop a project-specific avoidance and minimization approach.
BIO-2 To avoid impacts to nesting birds during the nesting season (January
15 through September 15), to the extent feasible, construction activities
that include any vegetation removal or ground disturbance (such as
grading or grubbing) shall be conducted between September 16 and
January 14, which is outside of the bird nesting season. If construction
activities commence during the bird nesting season, then a qualified
biologist shall conduct a pre-construction survey for nesting birds to
ensure that no nests would be disturbed during project construction.
If construction activities are scheduled during the nesting season
(February 15 to August 30 for small bird species such as passerines;
January 15 to September 15 for owls; and February 15 to September
15 for other raptors), a qualified biologist shall conduct nestin g bird
surveys. Two surveys for active nests of such birds shall occur within
10 days prior to start of construction, with the second survey conducted
with 48 hours prior to start of construction. Appropriate minimum survey
radius surrounding the work area is typically 250 feet for passerines,
500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys
shall be conducted at the appropriate times of day to observe nesting
activities.
If no nesting activity is observed, a report shall be submitted to the City
of Gilroy and disturbance activities may comments. If the qualified
biologist documents active nests within the project site or in nearby
surrounding areas, a minimum no-disturbance buffer of 250 feet
around active nests of non-listed bird species and a 500-foot no-
disturbance buffer around active nests of non-listed raptors shall be
established. The buffer shall be clearly marked and maintained until the
young have fledged and are foraging independently.
Prior to construction, the qualified biologist shall conduct baseline
monitoring of each nest to characterize “normal” bird behavior and
establish a buffer distance, which allows the birds to exhibit normal
behavior. The qualified biologist shall monitor the nesting birds daily, or
as otherwise required by the California Department of Fish and Wildlife,
during construction activities and increase the buffer if birds show signs
of unusual or distressed behavior (e.g., defensive flights and
vocalizations, standing up from a brooding position, an d/or flying away
from the nest).
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If buffer establishment is not possible, the qualified biologist or
construction foreman shall have the authority to cease all construction
work in the area until the young have fledged and the nest is no longer
active. This measure shall be implemented by the developer prior to
start of construction activities.
GEO-1 The developer shall prepare an erosion control plan that
details appropriate methods to prevent and/or minimize erosion. The
erosion control plan is subject to the review and approval of the City of
Gilroy Public Works Department prior to the issuance of a grading
permit.
GEO-2 Prior to issuance of a grading permit, the developer shall
implement the recommendations outlined in the geotechnical report
prepared for the proposed project including, but not limited to:
Recompact the surface soils;
Fill material to be excavated and stockpiled so that the native soils
can be prepared properly, with inspection of the bottom of the
excavation by a qualified geotechnical engineer to verify no additional
removal is required; and
Replace the upper 30 inches of soil within slab-on-grade and exterior
flatwork areas with non-expansive fill to reduce the potential soil
movement.
GHG-1 The proposed project shall be designed to mee t the following
performance standards:
a. With exception of the planned fast-food use, no permanent natural
gas infrastructure shall be permitted as part of the improvement
plans for any other individual project uses. These uses shall be all
electric; and
b. Electric vehicle infrastructure (e.g., electric vehicle parking spaces,
charging station infrastructure, chargers, etc.) consistent with
CALGreen Tier 2 mandatory standards in effect at the time
individual building permits are issued, shall be installed at each
individual proposed use.
GHG-2 The applicant shall:
a. Prepare a Greenhouse Gas (GHG) Reduction Plan which identifies
one or more GHG reduction actions that will be taken to reduce GHG
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emissions from the proposed fast food use by a minimum of 28.9 MT
CO2e per year to offset emissions produced by using natural gas.
The GHG Reduction Plan shall prioritize on-site GHG reduction
design features.
In lieu of or in addition to one or more of the on-site measures above,
the applicant may make direct investme nts in off-site GHG reduction
activities/programs in the vicinity. Examples include building retrofit
programs that pay for cool roofs, solar panels, solar water heaters,
smart meters, energy efficient lighting energy efficient windows, and
insulation. Other examples include financing programs for installing
electric vehicle charging stations, electrifying school buses, or
planting local urban forests.
The applicant may retain a qualified air quality / GHG professional to
quantify the GHG reductions from implementing the Reduction Plan
using substantial evidence to be included in the Reduction Plan.
If the applicant elects to quantify the GHG emissions reductions from
on-site measures and/or investments in off-site reduction programs
and the reductions are less than insufficient to reduce project
emissions by a minimum of 28.9 MT CO2e per year, the applicant
may secure the reduction balance by purchasing and retiring carbon
offset credits. The carbon offset credits shall meet the following
standards:
Carbon offset credits shall be issued by a recognized,
reputable and accredited registry that mandates the use of
established protocols for quantifying and issuing the offset
credits. Credits issued based on protocols approved by the
California Air Resources Board should be prioritized. Examples
of such registries include the Climate Action Reserve, American
Carbon Registry, and Vierra.
The carbon offset credits should be generated from projects
developed in the United States. Credits from projects develop ed
internationally should not be used unless the applicant
demonstrates with substantial evidence that sufficient carbon
offsets from projects in the United States are unavailable.
International offsets must be quantified and issued using
established protocols that are recognized in the United States
and that are issued by recognized, reputable and accredited
registries.
All carbon offset credits purchased to reduce GHG emissions,
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must meet the criteria of being real, quantifiable, permanent,
verifiable, enforceable, and additional, consistent with the
standards set forth in Health and Safety Code section 38562,
subdivisions (d)(1) and (d)(2).
Prior to the City issuing a building permit for the fast food use, the
applicant shall submit the GHG Reduction Plan for review and
approval of the City of Gilroy. If carbon offsets are proposed, prior to
approval of a building permit, the applicant shall provide an executed
contract or other certification to the City Planner that the requisite
volume carbon offset credits have been purchased.
b. The planned fast food use shall include all electricity pre-wiring
necessary so that the building is ready for a future retrofit to all-
electric supply infrastructure sufficient to replace natural gas use in
the future. Prior to issuing a building permit for the fast food use, the
City shall verify that project improvement plans meet the pre-wiring
requirement.
HYDRO-1 All stormwater on the project site must be treated aboveground in
an approved low-impact development treatment device prior to entering
stormwater chambers. The proposed project must show proof of
compliance with this requirement on the project plans prior to issuance
of a grading permit with approval by the City of Gilroy Public Works
Department.
HYDRO-2 The project proponent shall prepare and submit Erosion
Control Plans to the City of Gilroy Public Works Department prior to the
issuance of a grading permit. The Erosion Control Plans shall illustrate
how the project’s grading phases would prevent or minimize erosion
and siltation on- and off-site, such as the inclusion of Best
Management Practices.
HYDRO-3 The project proponent shall prepare and submit a Storm
Water Pollution Prevention Plan for review and approval by the City of
Gilroy Public Works Department prior to issuance of a grading permit.
The Storm Water Pollution Prevention Plan shall identify construction
and post-construction Best Management Practices to prevent water
pollution at the source.
N-1 Prior to issuance of a building permit for the two proposed hotels, the
building plans shall include air conditioning or mechanical ventilation,
subject to review and approval by the building department.
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BUILDING DIVISION CONDITIONS OF APPROVAL
47. Conditions of Approval: All conditions of approval shall be included on the first
sheet after the cover sheet of the construction drawing submitted for a building
permit.
48. Pre-Construction Meeting: A pre-construction meeting shall be held at a time and
location agreed upon by the City and applicant for the purpose of reviewing
conditions of approval, pre-occupancy requirements / temporary certificate of
occupancy and construction-site procedures. This meeting shall be held prior to
the issuance of any permit issued by the building department. The applicant shall
be represented by his design and construction staff, which includes any sub-
contractors. Departments having conditions of approval for the project will
represent the City.
49. Construction Management Plan: The project developer shall provide a
Construction Management Plan (CMP). The CMP shall be submitted to as part of
the building permit and/or Grading Permit and shall be incorporated into the plans
for review and approval by the Building Official before issuance of a building
permit. This plan shall be a binding document. Failure to adhere to the plan may
result in a "Stop Work Notice" being placed on the project. This plan shall be
updated as project conditions warrant. The construction plan shall be designed to
minimize the loss of public parking spaces and, if any need to be lost, to minimize
the length of the time they are used for construction-related activities.
The CMP shall include but not be limited to the proposed location of materials and
equipment storage, scaffolding, safety measures to protect the public fr om
construction activities, temporary fencing, construction trailers, parking of
construction vehicles, location of portable toilets, etc. Work schedule (start of
construction date, road or lane closure intent/dates, important milestones and
proposed final dates). It shall include the hours of construction, the construction
waste Management plan, show the location of all staging/storage types, the travel
routes and tum-around locations, any road and/or lane closures and a phasing
plan.
50. Temporary Fencing: Temporary fencing along the perimeter of a building site,
during construction is required to ensure security, public safety, and/or noise/dust
mitigation. “Temporary” shall mean the placement of fencing in a manner that is
not permanently attached to the ground, or attached to any other structure or
material that is itself permanently attached to the ground. Temporary construction
fences consisting of chain-link or plywood, no more that 6-feet in height above the
ground and shall not require any permits or special authorization.
Unless letters of permission from adjacent property owners or a City encroachment
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permit have been obtained, temporary construction fencing shall be placed only on
the property that contains the subject construction project. All te mporary
construction fencing shall be thoroughly removed from the project site upon
completion of construction. Temporary construction fences proposed in excess of
6-feet in height will require review and permitting by the Building Department
(discretionary review is not required for temporary fences).
51. Job Site Signage: Prior to construction, A 24 inch by 36 inch weatherproof sign
shall be located so it is clearly readable from the public right-of-way and shall
include the following information:
a. Address of the project site.
b. Permitted hours of construction and of deliveries/off-haul.
c. Name, e-mail address and direct phone number of the General
Contractor.
d. Name, e-mail address and direct phone number of the person
responsible for managing the project.
e. Name and phone number of person to call in case of an emergency.
f. Code Enforcement complaint telephone number (408-846-0264).
52. Construction Activities: The following provision to control traffic congestion,
noise, and dust shall be followed during site excava tion, grading and construction:
Unless otherwise provided for in a validly issued permit or approval, construction
activities shall be limited between the hours of seven am and seven pm Monday
through Friday and nine am to seven pm on Saturday.
53. Final Grading and Drainage Plan: At the time of building permit plan submittal,
the project developer shall submit a final grading and drainage plan prepared by a
licensed civil engineer depicting all final grades (with accurate elevations above
sea level indicated) and on-site drainage control measures to prevent storm water
runoff onto adjoining properties.
54. Pad Elevation Certification: The applicant and/or developer shall submit a pad
elevation certification letter prepared by a licensed land surveyor or regist ered civil
engineer to the Building Official certifying that the pad elevation(s) and building
location (setbacks) are pursuant to the approved plans, prior to receiving a
foundation inspection for the structure.
55. Site Survey: The applicant shall provide a site survey of entire parcel stamped and
signed by a Land Surveyor licensed by the State of California. The survey shall
include, but not be limited to, the following: location and dimensions of property
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line, location of streets and easements, existing buildings, topographic contour
lines, trees/landscape, miscellaneous structures, etc.
56. Permit Card: The stamped, approved, job copy of the plans and permit card shall
be located onsite at all times.
57. Title 24:The building(s) covered by this approval shall be designed and
constructed to the Title 24 Building Standa rds, including Building, Electrical,
Mechanical, Plumbing, Energy, Fire, Green Building and both State and Federal
accessibility requirements in effect and as amende d by the City of Gilroy at the
time of building permit submittal.
58. Green Building Standards: The building shall be designed to include the green
building measures specified as mandatory in the application checklists contained in
the California Green Building Standards Code. The applicant shall incorporate the
checklist along with a notation on the checklist to specify where the information can
be located on the plans, details, or specifications, etc. All measures will be verified
by the Building Inspector at final inspection.
59. Geotechnical Report: The applicant shall provide a stamped, signed, and dated
soil investigation report containing design recommendations to the Building Official.
The classification shall be based on observation and any necessary tests of
materials disclosed by boring or excavations made in appropriate locations.
Additional studies may be necessary to evaluate soil strength, the effect of
moisture variation on soil-bearing capacity, compressibility, liquefaction, seismically
induced soil liquefaction, soil instability, and expansiveness. Additionally, the
applicant shall submit a stamped, signed, and dated letter from the Geotechnical
Engineer or Civil Engineer who prepared the soil investigation stating the following:
a. The plans and specifications substantially conform to the
recommendations in the soil investigation.
b. The Geotechnical Engineer or Civil Engineer who prepared the soil
investigation has been retained to provide soil site observation and
provide periodic and final reports to the City of Gilroy.
Prior to final inspection for any building or structure, the Geotechnical Engineer or
Civil Engineer who prepared the soil investigation shall issue a final report stating
the completed pad, foundation, finish grading and associated site work
substantially conform to the approved plans, specifications and investigations.
60. Stormwater Pollution Prevention Plan: The project developer shall submit a
Stormwater Pollution Prevention Plan (SWPPP) to the City Engineer/Building
Official for review and approval prior to the issuance of a grading or building permit,
whichever is sooner. A copy of the approved SWPPP, including all approved
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amendments, shall be available at the project site for City review until all
engineering and building work is complete and City permits have been finaled. A
site specific SWPPP must be combined with proper and timely installation of the
Best Management Practices (BMPs), thorough and frequent inspections,
maintenance, and documentations. SWPPP for proje cts shall be kept up to date
with the projects’ progress. Failure to comply with the most updated construction
SWPPP may result in the issuance of correction notices, citations, and/ or stop
work orders. The project developer is responsible for implementing the following
BMPs. These, as well as any other applicable measures, shall be included in the
SWPPP and implemented as approved by the City.
a. The project developer shall include erosion control/stormwater
quality measures on the project grading plan which shall
specifically address measures to prevent soil, dirt, and debris from
entering the public storm drain system. Such measures may
include, but are not limited to, hydroseeding, hay bales, sandbags,
and siltation fences and shall be subject to the review and approval
of the City Engineer/Building Official. If no grading plan is required,
necessary erosion control/stormwater quality measures shall be
shown on the site plan submitted for a building permit, and shall be
subject to the review and approval of the Building Division. The
project developer is responsible for ensuring that the contractor is
aware of and implements such measures.
b. All cut and fill slopes shall be revegetated and stabilized after
completion of grading, but in no case later than October 15.
Hydroseeding shall be accomplished before September 15 and irrigated
with a temporary irrigation system to ensure that the vegetated areas are
established before October 15. No grading shall occur between October
15 and May 1 unless approved erosion control/stormwater quality
measures are in place, subject to the approval of City Engineer/Building
Official. Such measures shall be maintained until such time as permanent
landscaping is in place.
c. Gather all sorted construction debris on a regular basis and place in
the appropriate container for recycling; to be emptied at least on a weekly
basis. When appropriate, use tarps on the ground to collect fallen debris
or splatters that could contribute to stormwater runoff pollution.
d. Remove all dirt, gravel, rubbish, refuse, and green waste from the
street pavement and storm drains adjoining the site. Limit construction
access routes onto the site and place gravel on them. Do not drive
vehicles and equipment off paved or graveled areas during wet weather.
Broom sweep the street pavement adjoining the project site on a daily
basis. Scrape caked on mud and dirt from these areas before sweeping.
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e. Install filter materials (such as sandbags, filter fabric, etc.) at the
storm drain inlet nearest the downstream side of the project site in order
to retain any debris or dirt flowing in the storm drain system. Maintain
and/or replace filter materials to ensure effectiveness and to prevent
street flooding.
f. Never clean machinery, equipment, tools, brushes, or rinse
containers into a street, gutter, or storm drain.
g. Ensure that concrete/gunite supply trucks or concrete/plaster
operations do not discharge wash water into a street, gutter, or storm
drain.
h. Concrete wash area: 1) locate wash out area away from storm drains
and open ditches; 2) construct a temporary pit large enough to store the
liquid and solid waste; 3) clean the pit by allowing concrete to set; 4)
break up the concrete; and then 5) recycle or dispose of properly.
61. Pre-Manufactured Trailer: A construction trailer shall be allowed to be placed on
the project site for daily administration/coordination purposes during the
construction period. At no time shall campers, trailers, motor homes, or any other
vehicle be used as living or sleeping quarters on the construction site. All such
vehicles shall be removed from the site at the end of each workday. A building
permit is required for the installation of a pre-manufactured trailer.
62. Portable Toilets: Portable toilets used during construction shall be emptied on a
regular basis as necessary to prevent odor. A containment pan is required under
all portable toilets.
63. Construction Storage: All construction materials, debris and equipment shall be
stored on site. If that is not physically possible, an encroachment permit shall be
obtained from the Department of Public Works prior to placing any construction
materials, debris, debris boxes or unlicensed equipment in the right-of-way. The
placing of portable restroom facilities in the City right-of-way will not be permitted.
64. Construction Site Maintenance: All portions of the job site shall be maintained in
an organized and professional condition. All trash, debris, construction scraps and
broken/deteriorated machinery shall be removed from the site at the end of each
week. If off loaded construction materials are not used within 2 weeks, they shall
be screened from view. All sidewalks, driveways and public/private roadways
fronting the subject site shall be broom cleaned at the end of each business day.
65. Demolition Permit: Demolition permit(s) shall be issued in accordance with
Section 6.1 of the Gilroy Municipal Code. Safeguards during construction shall be
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provided in accordance with Chapter 33 of the California Building Code.
66. Plan Modifications: Acceptance of the plans does not release the developer from
correction of mistakes, errors, or omissions contained therein. If, during the course
of construction, the public interest requires a modification or a departure from
these accepted plans, the City shall have the authority to require such
modifications and shall specify the manner in which the same is to be made.
67. BICYCLE PARKING: Short-term bicycle parking. Provide permanently anchored
bicycle racks within 200 feet of the visitor’s entrance, for 5 percent of new visitor
parking spaces added, with a minimum of one two-bike capacity U-rack.
Long-term bicycle parking. Provide secure bicycle parking for 5 percent of the
tenant-occupant parking spaces with a minimum of one bicycle parking facility.
Long-term bicycle parking for hotel buildings. Provide one on-site bicycle
parking space for every 25 rooms (for employees and guests). Parking facilities
shall be conveniently reached from the street.
FIRE PREVENTION CONDITIONS OF APPROVAL
68. Request a fire hydrant flow test by contacting Jonathan Crick at
Jonathan.crick@cityofgilroy.org. The fee for the fire hydrant flow test is $300.00.
69. All buildings are to be equipped with modern fire protection system. The Burger
King will be required to have a commercial fire sprinkler system (e.g. current edition
of NFPA 13).
70. All fire protection systems (e.g. fire underground water supply, overhead fire
sprinkler system, fire alarm, etc.) require deferred (i.e. separate) permits. The fire
underground water supply system shall be designed to meet the requirements of
the current edition of NFPA 24 and city standards. The building shall be equipped
with an NFPA 13 fire sprinkler system designed for the highest expected
hazard/commodity classification. The fire sprinkler system and all valves shall be
monitored by a fire alarm system.
71. Show fire hydrant locations in plans. Private fire hydrants shall be positioned such
that fire hydrant(s) are not more than 150 feet from the most remote portion of the
building or hazard.
72. Using Autoturn vehicle pathway tracking software, show the pathway of a fire truck
navigating into, through, and out of the property. Center dividing islands will need
to be removed so that the fire apparatus may take a left hand turn into the
development to access all buildings.
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73. The fuel station underground storage tanks shall be designed and installed to meet
current California codes, laws, and regulations.
74. All car washes and food facilities shall be equipped with the appropriately sized
pretreatment devices/equipment (e.g. grease interceptors for food facilities, and
clarifiers for car washes). Contact Isaias Lona at Isaias.lona@cityofgilroy.org for
details.
75. The trash enclosures shall be equipped with a Vandal-proof floor drain and a 40
pound grease interceptor draining to the sanitary sewer system.
76. Operational permits will be issued by the Fire Prevention program.
PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project
ENTITLEMENT(S); and which shall be addressed on the construction plans submitted
for any ENCROACHMENT PERMIT, BUILDING PERMIT, GRADING PERMIT or
SUPERSTRUCTURE, and shall be satisfied prior to issuance of whichever permit is
issued first, or if another deadline is specified in a condition, at that time.
77. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At first
improvement plan submittal, the applicant shall submit a $10,000.00 (Ten
thousand dollar) initial deposit for project plan check and construction inspection.
This deposit will be credited/accounted toward final plan check and inspection fee
for the project. In addition, the applicant shall submit a detailed project cost
estimate prepared by the project engineer, to approval of the City Engineer, with
the initial project plan submittal. The cost estimate shall be broken out into on-site
and off-site improvements. Prior to plan approval, the applicant shall pay 100% of
the plan check and inspection f ee based on the approved project cost estimate.
Public Works will not sign-off on the issuance of the first City permit without full
payment of this plan check and inspection fee. (PUBLIC WORKS).
78. PROJECT PHASING: The first phase of this development (Phase I) by the Master
Developer shall make full frontage improvements along the full project boundary
(Camino Arroyo, Holloway, & Highway 152) including pavement work, driveways,
curb ramps, curb & gutter, 6’ minimum commercial sidewalk, on-site stormwater
facilities, street trees, signage, striping, utilities to service all lots, undergrounding
utilities, intersections, signals, lighting, etc. per City Standards, Specs, and
Guidelines. Phase I work shall also include all improvements identified in the traffic
study/traffic analysis. At first improvement plan submittal, include a detailed
Phasing plan to include all offsite improvements as well as all improvements
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identified in the traffic study/traffic analysis. Also as part of your first submittal,
include all necessary review documents for the proposed Parcel Map/Final Map.
79. PLAN SUBMITTAL: The proposed development Improvement Plans shall be
submitted, in full, per the City of Gilroy Public W orks Department Submittal
Checklist. Off-site and On-Site improvements shall be reviewed and approved by
Public W orks Engineering prior to first building permit submittal. Subsequent phase
building permit issuance will not be allowed until the master developer has
completed all phase I work by the master developer. Improvement plans are
required for both on-site and off- site improvements, and the improvement plan set
cover sheet shall include an index referencing on-site and off-site improvements.
All improvements shall be designed and constructed in accordance with the C ity of
Gilroy Municipal Code and Standard Specifications and Details, and are subject to
all laws of the City of Gilroy by reference. The improvement plans shall include all
civil project plans including, but not limited to, site plans, grading plans, utility
plans, joint trench, off -site plans, lighting (photometric) plans, and landscaping
plans within the public right-of-way. The plan shall clearly identify both public and
private utilities. The improvement plans shall be submitted with the Public Works
Engineering submittal checklist provided by the City, and available on the City
website.
In addition:
a. A complete set of improvement plans shall consist of Civil site design,
landscape site design, Electrical, Joint Trench, etc. Any walls or structural
features part of the landscape design shall also be included;
b. Improvement plans are required for both on-site and off-site improvements.
A separate plan set for each shall be prepared, or at the approval of the
City Engineer, onsite and offsite sheets can be combined into one plan set;
c. The improvement plan submittal, including utility sheets, shall show
appropriate line types and labels to identify different type of utilities pipe
material types, and pipe sizes. Utility boxes, hydrants, backflow preventers,
etc. shall be relocated/installed behind the back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved
Conditions of Approval;
e. Improvement plans shall include General Notes found in the City of Gilroy
General Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering
submittal checklist, which can be found in the City’s website. At first
submittal, a completed checklist shall be included in the submittal package,
and shall show which items have been included.
g. The improvement plan cover sheet shall include a table summarizing all
facilities (Streets, Utilities, Parks, Landscaping, etc.), showing the ownership
of all facilities, access rights to, and the maintenance responsibilities of all
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facilities;
h. Improvement and grading plans shall show existing topo and features at
least 50’ beyond the project boundary. The plan shall clearly show existing
topo, label contour elevations, drainage patterns, flow lines, slopes, and all
other property encumbrances;
i. If the project has excess fill or cut that will be off-hauled to a site or on-
hauled from a site within the city limits of Gilroy, an additional Haul Permit is
required. A statement indicating the need to obtain a Haul Permit must be
added as a general note to the Grading and Drainage Plan;
j. All grading and improvement plans shall identify the vertical elevation
datum, date of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An
existing site plan shall be submitted showing all existing site conditions and
title report easements. The plan shall include bearing and distance
information for all right-of-way and easements;
l. The plan shall show any proposed easements to be dedicated for any
needed purpose, or any easemen t expected to be abandoned through
separate instrument. This includes PUE, PSE, EVAE, Cross-Property
Access Easement, Landscape Easeme nt, Drainage Easement, Pole Line
Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts between
disciplines, the applicant shall provide a “composite exhibit” showing Civil,
Landscape, Electrical, and Joint Trench design information (as a separate
sheet titled “Composite Plan”) to confirm that there are no conflicts;
n. All Solid Waste Vehicle circulation movements shall be modeled and shown
on a separate plan sheet. The circulation plan shall be prepared to the City
Engineer’s satisfaction, and modeled using AutoTurn swept analysis
software, and shall include all turning and street circulation movements;
o. All Emergency Vehicle circulation movements shall be modeled and shown
on a separate plan sheet. The circulation plan shall be prepared to the City
Engineer’s satisfaction, and modeled using AutoTurn swept analysis
software, and shall include all turning and street circulation movements;
p. All utility boxes, including sanitary sewer and/or water meter boxes, shall
have traffic-rated boxes and lids;
q. All on-site recycled water system improvements, including appurtenances,
shall be located within a PSE. (PUBLIC WORKS)
80. TRAFFIC STUDY/TRANSPORTATION ANALYSIS: At first improvement plan
submittal, this project shall incorporate and include all design and improvements
identified in the Gilroy Square Development Transportation Analysis dated October
10, 2022, prepared by Hexagon Transportation Consultants. The proposed
development (including on-site, offsite, and site plan changes) shall comply with all
items identified in the T raffic Study/Transportation Study and all improvements
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shall be complete as part of Phase 1 of the Development. Improvements include,
but are not limited to, roadway widening, adding additional turn lanes, lengthening
existing turn lanes, signalizing intersections, modifying existing signalized
intersects, etc.
81. CONDITIONS OF APPROVAL: As a stand-alone document, submit detailed
responses of how the development will comply with each Condition of Approval.
82. MASTER PLANS: Refer to the latest 2022 City Master Plans and check that the
development is in conformance with the Master Plans, Cit y Standards, City
Specifications, & City General Guidelines. The Developers engineer shall confirm
in writing this project is in conformance with Master Plans at first improvement
plans submittal. If the project is not in conformance with the Master Plans, the
Developers engineer shall design and construct all items to be in conformance with
the Master Plans, City Standards, City Specifications, & City General Guidelines.
83. CITY WATER MASTER PLAN: The master plan identifies a 16” water line to be
installed in the areas surrounding the proposed development. Developer shall
install 16” water lines per the City Master Plan as part of Phase 1 of the
Development.
84. UTILITY PLANS: A utility plan shall be provided for all projects as specified within
these conditions of approval. To ensure coordination between the applicant and
the relevant utility company:
a. The applicant shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and
cables including the size, location and details of all trenches, locations of
building utility service stubs and meters and placements or arrangements of
junction structures as a part of the Improvement Plan submittals for the
project. Show preferred and alternative locations for all utility vaults and
boxes if project has not obtained PG&E approval. A licensed Civil or
Electrical Engineer shall sign the composite drawings and/or utility
improvement plans. (All dry utilities shall be placed underground).
b. The applicant shall negotiate any necessary right-of-way or easement with
PG&E, or any other utilities, subject to the review and approval by the
Engineering Division and the utility companies.
c. A “W ill Serve Letter” shall be provided for each utility company expected to
service the subdivision. Early coordination with the utility companies is
necessary to obtain this letter. Coordination of City utilities shall be through
the Engineering Division.
d. A note shall be placed on the joint trench composite plans whi ch states that
the plan agrees with City Codes and Standards and that no underground
utility conflict exists. (PUBLIC WORKS)
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85. JOINT TRENCH: All utility services to the site shall be underground. Joint Trench
design shall show the location of the joint trench including all boxes located outside
of the roadway pavement section. Show the proposed joint trench location and
ensure the plans reflect limits of trenching locations. Joint trench utility boxes shall
be located behind the sidewalk and there shall be a minimum of 3’ clearance from
the back of walk to the face of utility box. (PUBLIC WORKS)
86. JOINT TRENCH: Underground existing overhead utilities per City Code.
Undergrounding existing utilities shall occur along the entire project frontage,
boundaries, and project intersections. Overhead utilities shall be underground at all
offsite improvement locations where conflicts with the required traf fic
improvements are encountered. (PUBLIC WORKS)
87. UTILITY RESPONSIBILITIES: Water, Storm, and sewer utilities in private areas
shall be privately owned and privately maintained. Conversely, public utilities within
utility easements on private property rem ain the responsibility of the individual
utility companies to maintain. The plans shall note the inspection, owner ship and
maintenance responsibility for each utility shown on the plans within a Table of
Responsibilities on the project cover sheet of the improvement plans at first
improvement plans submittal. The table shall include the list of streets, the
responsible party for inspection of the improvements, who is responsible for the
ownership of the utility, and who is responsible for the maintenance of the utility.
An example of this table, including the types of utilities to be listed, can be
provided by the Engineering Division upon request. (PUBLIC WORKS)
88. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be
prepared by a registered professional engineer experienced in preparing these
types of plans. The applicant shall submit, with the improvement plans submitted
with the first improvement plan submittal, a letter from the design Electrical or Civil
Engineer that states the electrical plan conform to City Codes and Standards, and
to the approved improvement plans. The letter shall be signed and stam ped by the
professional engineer that prepares the improvement plans. (PUBLIC WORKS)
89. EXISTING FACILITIES PROTECTION: All existing public utilities shall be
protected in place and if necessary, relocated as approved by the City Engineer.
No permanent structure is permitted within City easements without the approval of
the City of Gilroy. (PUBLIC WORKS)
90. PUBLIC RIGHT-OF-WAY: Show and label all existing and proposed Right-of-Way
on all plans. This includes all Right-of-Way dedications required because of the
improvements identified in the project Traffic Study. No permanent private
structures are permitted within the City right-of-way.
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91. RIGHT OF WAY DEDICATION GRANT DEED: Identify all Right of Way
acquisitions that are required to make all the improvements identified in the traffic
study. The developer shall secure all Right of Way Acquisitions needed from other
private landowners for the developer to construct all improvements per the Traffic
Study. All Right of Way Acquisitions shall be secured prior to the first improvement
plan submittal.
92. PUBLIC EASEMENTS: Private permanent facilities such as, structures, canopies,
signs, utilities, fences, walls, stormwater treatment facilities, etc. are not allowed
within public right of way or easement. Show and label all existing and proposed
Easements on all plans. This includes all easement dedications required because
of the improvements identified in the project Traffic Study. Easement widths shall
be per City standard.
93. PUBLIC EASEMENT DEDICATION GRANT DEED: Identify all Public Easement
acquisitions that are required to make all the improvements identified in the traffic
study. The developer shall secure all Public Easement Acquisitions needed from
private landowners for the developer to construct all improveme nts per the Traffic
Study. All Easement Acquisitions shall be secured prior to the first improvement
plan submittal.
94. PUBLIC EASEMENT CROSS SLOPE: Cross slopes behind the back of curb to
the back of the public easement shall be 1.5% cross slope per city s tandards.
95. WATER QUALITY: Project design shall comply with the Stormwater Management
Guidance Manual for Low Impact Development & Post-Construction
Requirements. The applicant shall submit the Source Control Checklist as well as
the appropriate Performance Requirements Checklist found in Appendix A of the
manual at the time of the first improvement plan submittal and building permit
submittals. The manual can be found at the following site:
www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)
96. DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The developer is
responsible for ensuring that all contractors are aware of all storm water quality
measures and implement such measures. Failure to comply with the approved
construction BMPs will result in the issuance of correction notices, citations, or a
project stop order. (PUBLIC WORKS)
97. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all
construction activities in accordance with Gilroy Municipal Code Section 27C,
Municipal Storm Water Quality Protection and Discharge Controls, and Section
E.10, Construction Site Storm Water Run-Off Control Program of the Regional
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NPDES Permit. Detailed information can be located at:
www.flowstobay.org/documents/business/construction/SWPPP.pdf. This sheet
shall be printed and included in all construction plan sets permitted for construction
in the City of Gilroy. (PUBLIC WORKS)
98. TRASH CAPTURE DEVICES: Project shall include a trash capture device at all
locations prior to discharge into the public Storm Drain system (Example: CDS
units). At first improvement plans submittal, show trash capture devices for all
storm drain systems.
99. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire
Hydrant flow test to confirm the water system will adequate ly serve the
development, and will modify any part of the systems that does not perform to the
standards established by the City. Applicant shall coordinate with Fire Department
for the Fire Hydrant flow test. The flow test results shall be submitted at first
improvement plan submittal. (PUBLIC WORKS)
100. WATER CONSERVATION: The project shall fully comply with the measures
required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City
Code, Chapter 27, Article VI), and subsequent amendments to meet the
requirements imposed by the State of California’s Water Board. This ordinance
established permanent voluntary water saving measures and temporary
conservation standards. (PUBLIC WORKS)
101. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water,
sewer, storm drain, and traffic studies for the development deemed appropriate by the City
Engineer. These studies shall provide the supporting hydraulic calculation for pipe sizing
per the City Standard Design Guidelines. T he study shall be reviewed and approved by
Engineering. If the results of the study indicate that this development contributes to the
over-capacity of the trunk line, the applicant will be required to mitigate the impact by
removing and replacing, or upsizing of the existing utilities to accommodate the appropriate
level of project flows to the approval of the City Engineer. The improvements shall be
addressed on the construction drawings, to the approval of the City Engineer, prior to the
issuance of the first City permit. (PUBLIC WORKS)
102. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer,
Water, Traffic, and Public Facilities Development Impact Fees. The City’s latest
impact fee schedule is available on the City’s website. Paym ent of all Impact Fees
is required at first building permit issuance. Fees shall be based on the current fee
schedule in effect at the time of fee payment, consistent with and in accordance
with City policy. Note that impact fees increase at the beginning of each fiscal year,
July 1. Specific fee language is provided further in these conditions of approval.
(PUBLIC WORKS)
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103. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the
applicant shall submit a Storm Water Management Plan (SWMP) prepa red by a
registered Civil Engineer. The SWMP shall analyze the existing and ultimate
conditions and facilities, and the study shall include all off-site tributary areas.
Study and the design shall be in compliance with Central Coast Regional Water
Quality Control Board (CRWQCB) and the City’s Stormwater Management
Guidance Manual for Low Impact Development & Post Construction Requirements
(latest edition). Existing off-site drainage patterns, i.e., tributary areas, drainage
amount, and velocity shall not be altered by the development. Sizing tools for
structural control measures for runoff retention can be found at
https://countyofsb.org/pwd/sbpcw/development/new-and-redevelopment.sbc .
Provide infiltration rates using a safety factor of 2 as part of your first improvement
plan submittal. The plan shall be to the approval of the City Engineer and shall be
approved prior to the issuance of the first City permit. (PUBLIC WORKS)
104. STORMWATER CONTROL PLAN: At first improvement plan submittal, the
applicant shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11
report format), to include background, summary, and explanation of all aspects of
stormwater management. A report template can be found at the Central Coast
Regional Board website (MS W ord):
https://www.waterboards.ca.gov/centralcoast/water_issues/programs/stormwater/
Docs/lid/lid_hydromod_charette_index.html
All new and disturbed areas (on-site and off-site) shall be accounted for and part of
the stormwater management design calcu lations. The report shall also include
exhibits, tables, calculations, and all techn ical information supporting facts,
including but not limited to, exhibit of the proposed site conditions, which clearly
delineates impervious and pervious areas on site. The plan shall provide a
separate hatch or shading for landscaping/pervious areas on -site including those
areas that are not bio-retention areas. This stormwater control plan report format
does not replace, or is not in-lieu of any stormwater control plan sheet in the
improvement plans. The stormwater control plan shall include a signed
Performance Requirement Certifications specified in the Stormwater Guidance
Manual. At applicant’s sole expense, the stormwater control plan shall be
submitted for review by an independent third party accepted by the City for
compliance. Result of the peer review shall be submittal and approved by the City
Engineer prior to the issuance of the first City permit. (PUBLIC WORKS)
105. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all
existing improvements not designated for removal, and all n ew improvements that
are damaged during construction or removed because of the applicant’s
operations. The applicant shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
Said repairs shall be completed prior to the first occupancy of the project.
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(PUBLIC WORKS)
106. ROADWAY AND INTERSECTION GEOMETRICS, ALIGNMENTS, PROFILES, &
SIGNALS: This project will be required to design and construct roadways and
intersections as part of the development. Roadway geometrics, alignments,
profiles, etc. are typical plan sheets when designing roadways. At first
improvement plan submittal, include roadway and intersection drawings for
geometrics, alignments, profiles, signals, etc. You may refe r to Caltrans standards
and plan preparation manual for examples. All geometric design of road segments
and intersections shall conform to AASHTO and Caltrans standards.
107. LANE ALIGNMENT: At first improvement plans submittal, the developer is
responsible for showing on the plans lane striping at Intersections fronting the
project and intersections identified in the traffic study. All intersections shall have
lanes align from one side of the intersection to the far side of the intersection. Lane
lines shall align with no offset through the intersection.
108. CAMINO ARROYO / GILROY CROSSING INTERSECTION: At first improvement
plan submittal, provide drawings for updating the existing signalized intersection.
The current striping exiting the existing development is a double left and a single a
right. Vehicles leaving the existing Gilroy Crossing shopping center will require a
through lane heading East into the proposed development.
109. TRUCK TURNS: At first improvement plan submittal, provide Truck Turn exhibits.
The provided planning level documents showed trucks going into oncoming traffic
which is not allowed. Trucks entering and leaving the proposed development and
crossing lanes of traffic is not allowed. Truck turning templates shall clearly show
trucks entering the proposed development while staying within the travel lane
closest to the development and not having to use additional lanes.
All frontage roads, frontage intersections, project entrances/exits, intersections
identified in the traffic study, roadways identified in the traffic study, and on-site
shall be modeled using autoturn for appropriate large truck turning movements, CA
legal 67’ trucks and City of Gilroy Fire Trucks. All truck movements shall not
conflict with opposing lanes. All intersection lane widths shall be dictated by truck
movements. Show all possible truck turning movements at all intersections at
appropriate scales.
110. SIGHT DISTANCE: At first improvement plan submittal, provide sight distance
plans that clearly show standard sight distance will be provided and no items
obstruct sight distance for driveways, roadways, intersections, etc. Please note
that private signs, fences, walls, buildings, landscape features, above ground
utilities, guardrail, barriers, railing, art, etc. will not be allowed within sight distance
triangles. Provide all Sight Distance plans per Caltrans, AASHTO, and NCHRP
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Requirements for all project frontage access points, driveways, roadways, and
offsite mitigation measure locations. These calculations shall be done as part of
the first improvement plan submittal because it is important to ensure the
development meets sight distance standards and all roadways, intersections,
driveways, and access points to these facilities are safe for motorists and
pedestrians. Sight distance plans shall approved by the City Engineer prior to first
permit issuance. (PUBLIC WORKS)
111. DRIVEWAYS: The transportation analysis/traffic study identifies proposed
Driveway 1 (driveway nearest HWY 152) conflicting with the widening
improvements required to improve the Camino Arroyo left and right turn lane.
Multiple turn lanes along Camino Arroyo have been identified as deficient and shall
be improved per the Traffic Study. There is also a VTA bus stop in this area that
requires improvements to the latest VTA standards. All project driveways shall not
be detrimental to abutting streets capacities, safety, and/or efficiency. All project
driveways shall not be located within the functional area of an intersection or in the
influence area of an adjacent driveway. All Project driveways shall not conflict with
intersections, bus stops, turn lanes, bike lanes, surrounding business access, etc.
Tenants and customers will still be able to access the development from the
signalized intersection at Camino Arroyo/Gilroy Crossing Shopping Center.
Proposed driveway 1 will not be allowed per the above mentioned items. At first
improvement plan submittal, include fully designed intersections and frontage
improvements per the project Transportation Analysis including all appropriate
geometry, signal equipment, turn lanes, bay tapers, through lanes, bike lanes, etc.
per Caltrans, AASHTO, NCHRP, & City Standards.
112. DRIVEWAY DESIGN: Driveway grades shall be designed to keep a standard
design vehicle from dragging or “bottoming out” on the street or driveway, and to
keep water collected in the street from flowing onto the lots. The details of such
design shall be provided on the site civil improvement plans at first improvement
plan submittal to the satisfaction of the City Engineer. (PUBLIC WORKS)
113. SIGNING AND STRIPING: At first improvement plans submittal, the developer is
responsible for including signing and striping plans for all areas along the project
frontage, all offsite areas identified in the traffic study, and a ll on-site areas.
Signing and striping shall be designed to Caltrans and CAMUTCD standards. All
signing and striping plans need to be designed to account for truck turn exhibits.
Installation of all signing and striping shall be done as part of Phase 1 of the
project. (PUBLIC WORKS)
114. NO STOPPING ANY TIME SIGNS: “No Stopping Any Time” signs shall be placed
along the entire project frontage. Spacing of the signs should be approximately
75’-100’.
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115. GRADING & DRAINAGE: Adjust grade breaks and/or field inlets to capture and
direct all stormwater into the stormwater treatment areas prior to entering the
public right of way and storm drain facilities. On-site stormwater facilities need to
be sized to account for off -site impervious improvement areas. (PUBLIC WORKS)
116. GRADING & DRAINAGE: All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. There shall be no earthwork
disturbance or grading activities between September 15th and April 15th unless
otherwise approved by the City Engineer. If approved, the applicant shall submit a
Winterization Erosion Control Plan to the City Engineer for review and approval.
This plan shall incorporate erosion control devices and other techniques in
accordance with Gilroy Municipal Code § 27C to minimize erosion. Specific
measures to control sediment runoff, construction pollution and other potential
construction contamination sediment runoff, construction pollution and other
potential construction contamination shall be addressed through the Erosion
Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP
shall supplement the Erosion Control Plan and project improvement plans. These
documents shall also be kept on-site while the project is under construction. A
Notice of Intent (NOI) shall be filed with the State W ater Resources Control Board,
with a copy provided to the Engineering Division before a grading permit will be
issued. A project WDID# shall be added to the grading plans prior to plan approval.
(PUBLIC WORKS)
117. PUBLIC FIRE HYDRANTS: Fire Hydrant spacing along the project frontage is not
per City Standards, Specs, or Guidelines. At first improvement plan submittal, the
developer is responsible for showing on the plans the installation of fire hydrants
spaced along project frontage per City standards, specs, and guidelines.
Installation of the fire hydrants including concrete pads shall be done as part of
Phase 1 of the project.
118. PAVEMENT SECTION: At first improvement plan submittal, show pavement
sections for all roadways, roadway widening, and drive isles per the Geotechnical
Engineering recommendations. Pavement section shall consist of a minimum 6”
AC per City standard. Lime treatment is not allowed within public right of way or
easements.
119. GEOTECHNICAL ENGINEER: Prior to first permit issuance, the applicant’s
Geotechnical Engineer shall review the final grading, pavement design and
drainage plans to ensure that said designs are in accordance with the
recommendations or the project geotechnical study, and the peer review
comments. The applicant’s Geotechnical Engineer’s approval shall then be
conveyed to the City either by letter, or by signing the plans.
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All grading operations and soil compaction activities shall be per the approved
project’s design level geotechnical report. All grading activities shall be conducted
under the observation of, and tested by, a licensed geotechnical engineer. A report
shall be filed with the City of Gilroy for each phase of construction, stating that all
grading activities were performed in conformance with the requirements of the
project’s geotechnical report. The applicant shall add this condition to the general
notes on the grading plan.
Certification of grades and compaction are required prior to Building Permit final.
This statement must be added as a general note to the Grading and Drainage
Plan. (PUBLIC WORKS)
120. FINISH FLOOR ELEVATION: Site design, including building finished floor
elevations, shall comply with the 1995 Uvas Creek Overflow Floodplain Delineation
Project prepared by Schaaf & Wheeler Consulting Civil Engineers. The project will
be required to have a hydrologist review the project grading, to confirm this project
does not have cumulative impacts to floodwaters. The City will require a review
letter by Schaaf & Wheeler (Contact Caitlin Gilmore at 415-823-4964, Schaaf &
Wheeler) be submitted to the approval of the City Engineer prior to the issuance of
the building permit. (PUBLIC WORKS)
121. ENCROACHMENT PERMIT REQUIREMENTS AND INSURANCE: The applicant
must obtain an encroachment permit prior to the first building permit submittal and
prior to any work being done in the City's right-of-way.
Refer to the following link for encroachment permit requirements:
https://www.cityofgilroy.org/244/Encroachment-and-Transportation-Permits
Submit the encroachment permit at first improvement plan submittal to
Weston.hill@cityofgilroy.org
The applicant shall have off-site improvement plans prepared for all work in the
public right-of-way by a licensed civil engineer, whose signed engineer’s stamp
shall appear on the plans. All design assumptions and criteria shall be submitted
with each submittal.
Final construction plans shall be approved by the City Engineer, and released for
construction, with the issuance of the encroachment permit. Right-of-way
improvements shall include, but not limited to, the following items: (PUBLIC
WORKS)
a. STREET WIDENING: The applicant shall widen all streets and intersections
identified in the Traffic Study. The applicant shall install new street sec tion,
curb, gutter, and sidewalk and relocate affected utilities as directed by the
City Engineer. All work shall be shown on the required improvement plans.
b. STREET TREES: The applicant shall plant street trees along the project
frontage to match the City of Gilroy’s Street Tree Plan in effect at the time of
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construction. The street tree plans shall be per City Standard Drawings and
will include City Standard tree grates. Trees shall be placed between the
curb and sidewalk along Camino Arroyo. Trees shall be placed behind the
back of sidewalk along Holloway Rd because sidewalk along Holloway will
be monolithic per City Standard.
c. FRONTAGE LANDSCAPING: The landscaping area between the Camino
Arroyo back of curb and the sidewalk shall be a minimum of 4.5 ’ wide per
City Standard. The landscaping area for street trees along Holloway shall be
a minimum of 4.5’. Coordinate with the planning department for additional
landscaping requirements fronting the project within private property.
d. TREE GRATES: The applicant shall install City Standard Tree Grates as
specified in the approved plans. Tree grates shall be 4’x6’, model OT-T24
by Urban Accessories, and shall be black power coated. The tree grates
shall be shown on the improvement plans to be locate d to the approval of
the City Engineer, and shall be installed with the street trees as part of
Phase 1.
e. STREET MARKINGS: The applicant shall install necessary street markings
of a material and design approved by the City Engineer, and replace any
that are damaged during construction. These include but are not limited to
all pavement markings, painted curbs and handicap markings. All
permanent pavement markings shall be thermoplastic and comply with
Caltrans Standards. Color and location of painted c urbs shall be shown on
the plans, and are subject to approval by the City Engineer. Any existing
painted curb or pavement markings no longer required shall be removed by
grinding if thermoplastic, or sand blasting if in paint.
f. SIGNAGE: The applicant shall install all necessary temporary and
permanent street signs of a material and design approved by the City
Engineer, and replace any that are damaged during construction. All
permanent signs shall comply with CAMUTCH and Caltrans Standards. Any
existing signs no longer required shall be removed.
g. SIDEWALK: The applicant shall remove and replace to existing City
standards all damaged and non-City Standard sidewalk with a new 6-ft
commercial sidewalk surrounding the entire project site. The actual amount
of sidewalk to be replaced shall be identified in the improvement plans.
Sidewalk replacement shall be constructed per the City Standard Drawings.
New 6-ft commercial sidewalk shall be installed along the entire project
frontage per City Standard Drawings.
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h. CURB RAMP(S): The applicant shall construct all curb ramps in accordance
with the latest Caltrans standards. The actual ramp "Case" shall be
identified on the plans and shall be to t he approval of the City Engineer.
Dual curb ramps on the northeast and sou theast quadrant shall be installed
at the existing signalized intersection project entrance. Curb ramps along
the project frontage and intersections fronting the project are not currently
being shown. Curb ramps at all intersections along the project frontage,
roadways, and intersections identifies in the Traffic study shall be ADA
compliant and be designed to latest Caltrans Standards. If there are no curb
ramps or existing curb ramps are not ADA compliant, developer shall install
ADA compliant curb ramps in all the above-mentioned locations. Crosswalk
paths and paths connecting curb ramps shall also meet ADA and PROWAG
standards. Any existing crosswalks and paths connecting curb ramps that
do not meet ADA and PROWAG standards shall be removed and replaced
to meet ADA and PROWAG standards.
i. CURB AND GUTTER: At first improvement plan submittal, show the
removal and replacement of any damaged and non-City Standard curb and
gutter along the project frontage, intersections along the project frontage,
roadways identified in the Traffic Study, and intersections identified in the
Traffic Study. Removal and replacement limits shall be from expansion joint
to expansion joint per City standard. Show the removal and replacement of
curb and gutter for locations where existing utilities need to be removed
where they cross the curb and gutter. Also show the removal and
replacement of curb and gutter where new utilities will cross the curb and
gutter. The actual amount of curb and gutter to be replaced shall be
determined by the Public Works Construction Inspector and confirmed by
the City Engineer in the field prior to construction. New curb and gutter shall
be constructed per the City Standard Drawing STR-12.
j. VALLEY GUTTER: The applicant shall remove and replace to existing City
Standards any valley gutter that is damaged now or during construction of
this project. New valley gutter shall be constructed per the City Standard
Drawing. Doweling shall be provided to prevent vertical deflection into any
abutting curb and gutter sections. The actual limits of valley gutter repair
shall be identified in the plans at first improvement plans submittal.
k. DRIVEWAY APPROACH(ES): The applicant shall install City Standard
Commercial driveway approaches as shown on the approved pl ans. The
new commercial driveway approach shall be constructed per the City
Standard Drawing.
l. DRIVEWAY TRANSITIONS: The applicant shall construct new driveway
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transitions at the existing driveway approach along the project frontage per
the City Standard Drawing "Standard Commercial Driveway Approach."
m. SEWER LATERAL: The applicant shall install a sewer lateral and main line
connection to the sewer main located in Camino Arroyo. Connection to the
City main will be with a Manhole.
n. SANITARY SEWER MANHOLES: The applicant shall install standard
sanitary sewer manholes and test manholes, per approved plans and in
accordance with the City Standard Drawing.
o. STORM DRAIN MANHOLES: The applicant shall install standard storm
drain manholes, per approved plans and in accordance with the City
Standard Drawing.
p. STORM WATER CATCH BASINS: The applicant shall install standard
storm water catch basins, in accordance with the City Standard Drawing.
q. STREET LIGHTS:
i. Cobra Head. The applicant shall provide and install standard
aluminum electrolier street light(s) per City Standard Drawing EL-1 to
EL-5. The applicant is responsible for all PG&E service fees and
hook-up charges. Any new service point connection required to power
the new lights shall be shown on the construction drawings along with
the conduit, pull boxes and other items necessary to install the street
lights. An Isometric lighting level needs to be provided by the
designer/contractor. A separate light study may be required by the
City Engineer. The new street light shall has 32’ mounting height per
Standard Drawing EL-3, with mounting arm length per Standard
Drawing EL-4, the Fixture shall be Leotek GC1 or GC2 series in an
approved configuration per detail EL-2 or approved equal. The arm
shall be installed at the location as shown on the approved plans.
r. FIRE HYDRANTS: The applicant shall install new fire hydrants along the
project frontage. Spacing shall meet City and Fire Marshall requirements.
s. BUS STOPS: There are existing bus stops along the proposed project
frontage that need to be updated to the latest VTA standards. At first
improvement plan submittal, show updated bus stops. This project will
require review and approval by VTA prior to first permit issuance.
t. WATER SERVICES: Project will need to evaluate if surrounding domestic
water services can provide the new development water use demands
(pressure and volume). If existing services do not meet the water use
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demands, the developer shall install new water lines and services.
122. POTHOLE REQUIREMENTS: The applicant is required to confirm the location of
existing utility lines along the project frontage by potholing. Prior to any potholing,
applicant shall submit a pothole plan for City review and approval. Applicant shall
provide the pothole result to the City Engineer prior to final design.
123. EASEMENTS: Show and label the locations of the existing and proposed
Easements on all plans. Identify what easements will be preserved or adjusted.
This includes public service easements, public utility easements, private storm
drainage, private sanitary sewer, private water, reciprocating ingress/egress
easements between lots shown in this Tentative Map, reciprocating ingress/egress
easements with the proposed development to the East, etc.
124. ACCESS TO EAST DEVELOPMENT: At first improvement plan submittal, show
access to the proposed development located on the East project boundary. Site
plan shall be designed with a wide enough drive isle to accommodate two-way
traffic going to the development East of the project boundary.
125. UTILITIES: All new services to the development shall be "underground service"
designed and installed in accordance with the Pacific Gas and Electric Company,
AT&T (phone) Company and local cable company regulations. Transformers and
switch gear cabinets shall be placed underground unless otherwise approved by
the Planning Director and the City Engineer. Underground utility plans must be
submitted to the City prior to installation. (PUBLIC WORKS)
126. STREET CUT MORATORIUM: Camino Arroyo is part of the Street Cut Moratorium
due to the recently completed paving project. The project is proposing to make
new pavement cuts on the newly resurfaced Camino Arroyo. Also, the project will
create additional construction traffic and create additional future traffic all reducing
the City Pavement Condition Index. The project shall grind and pave the entire
width of Camino Arroyo (Lip of Gutter to Lip of Gutter) along the entire project
frontage with a minimum 2.5” hot mix AC, and with pavement section d ig-outs and
repairs. Extend of the dig-outs and repairs to be determined by the Developers
Geotechnical Engineer and City Engineer. (PUBLIC WORKS)
127. PAVEMENT RESTORATION: Due to the proposed development making
pavement cuts into the existing roadway, additional construction traffic, and
additional future traffic all reducing the City Pavement Condition Index, show on
the plans pavement grind and pave along Holloway Rd. project frontage (half
roadway width) with a minimum 2.5” hot mix AC with pavement sectio n dig-out
repairs. Also show on the plans pavement crack seal and microsurface slurry seal
along the entire frontage of Holloway Rd (lip of gutter to lip of gutter). The extent of
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the pavement section dig-out repairs to be determined by the developer’s
geotechnical engineer and to be confirmed by the City Engineer.
The City Engineer shall approve the roadway repair prior to the release of utilities,
final inspection, or issuance of a certificate of occupancy, whichever occurs first.
(PUBLIC WORKS)
128. EXTERIOR SITE LIGHTING STANDARDS: The applicant shall submit a
photometric plan for on-site lighting showing lighting levels to Illuminating
Engineering Society (IES) Standards. The plan shall comply with the requirement
of an average of 1 foot-candle with a 4:1 minimum to average ratio and a minimum
lighting of 0.3 foot-candle. This lighting standard is applicable to all publicly-
accessibly parking lots, driveways, circulation areas, aisles, passageways,
recesses, and publicly-accessible grounds contiguous to all buildings. Private,
interior courtyards not accessible to the public are not required to meet this
standard. The lighting system shall be so designed as to limit light spill beyond
property lines and to shield the light source from view from off site. T he
photometric plan shall be approved by the City Engineer or their designee and
shall be addressed on the construction plans submitted for any demolition permit,
building permit, or grading permit and shall be satisfied prior to issuance of
whichever permit is issued first. Any subsequent building permits that include any
site lighting shall also meet these requirements. (PUBLIC WORKS)
129. STREET LIGHTING STANDARDS: The applicant shall submit plans for
street/sidewalk showing lighting levels to Illuminating Engineering Society (IES)
Standards. At first submittal, provide a photometrics plan along the project
frontage. Also provide photometric plans for all the streets and intersections
identified in the traffic study. If the existing lighting is not to current City Standard,
the project shall install the necessary streetlights to meet the minimum lighting
requirements. Photometrics shall meet the following standards:
a. Arterial Streets: 1.0 fc average. 3/1 average to minimum uniformity. 0.34 fc
minimum
b. Collector Streets: 0.6 fc average. 4/1 average to minimum uniformity. 0.2 fc
minimum
c. Local Streets: 0.4 f c average. 6/1 average to minimum uniformity. 0.07fc
minimum.
d. High Volume Intersections: 1.1fc average. 3/1 average to minimum uniformity.
0.4 fc minimum.
e. Low Volume Intersections: 0.7 fc average. 4/1 average to minimum uniformity.
0.2 fc minimum.
The applicant shall submit a photometric plan identifying how these lighting levels
are being met given the site geometrics, using the City Standard stre et lights, and
a Type III lighting distribution. The width of the street and lighting levels shall
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determine the lighting spacing. Street lights and pull boxes shall be installed in the
planter strip if one is present, or behind the back of walk where feasible so as to
maintain sidewalk clear of obstructions to the approval of the City Engineer. All
new streetlight meter pedestals shall be located behind the back of sidewalk and
there shall be a minimum of 3’ clearance from the back of sidewalk to the face of
utility box. Lighting shall be provided on both sides of the roadways. The
photometric plan shall be approved prior to the issuance of the first City permit.
(PUBLIC WORKS)
130. FENCES AND OTHER PERMANENT STRUCTURES LOCATED OUTSIDE OF
CITY RIGHT-OF-WAY: The applicant shall locate all project fencing and
foundation of a permanent nature within the project’s property and outside of the
City right-of-way and outside of the Public Easement. (PUBLIC WORKS)
131. STORM DRAIN INLETS: Storm drain inlet spacing along the project frontage is not
per City Standards, Specs, or Guidelines. At first improvement plan submittal, the
developer is responsible for showing on the plans installation of drainage inlets
spaced along the project frontage per City Standards, Specs, and Guidelines.
Installation of the storm drain inlets shall be done as part of Phase 1 of the project.
132. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water
Program’s requirements, the applicant shall mark with the words “No Dumping!
Flows to Bay,” or equivalent, using methods approved by the City standards on all
storm inlets surrounding and within the project parcel. Furthermore, storm drains
shall be designed to serve exclusively stormwater. Dual-purpose storm drains that
switch to sanitary sewer are not permitted in the City of Gilroy. (PUBLIC WORKS)
133. DOMESTIC WATER: At first improvement plan submittal, show the installation of
domestic water service per City Standards. Water meter shall be located at the
back of sidewalk within the Public Easement. Install backflow preventer on private
property completely outside of the public right of way and completely outside of
public easement per City Standards. Existing services not being used along the
project frontage shall be removed up to the main line.
134. LANDSCAPE WATER: At first improvement plan submittal, show the installation of
landscaping water service per City Standards. Water meter shall be located at the
back of sidewalk within the Public Easement. Install backflow preventer on private
property completely outside of the public right of way and completely outside of
public easement per City Standards. Existing services not being used along the
project frontage shall be removed up to the main line.
135. SEPARATE WATER METERS SERVICES: When a development includes
multiple uses (mixed use or other), within one area designated as restaurant
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space, there shall be a separate water service and meter for the commercial space
and a separate water meter for the other development use(s). This will facilitate the
accurate assessment of the Sewer Service Charge, which is based on water use
and customer class. (PUBLIC WORKS)
136. GARBAGE/RECYCLE STORAGE AND SERVICE: The applicant shall provide an
adequate area for the purposes of storing garbage and recycling collection
containers for scheduled servicing by the franchise solid waste collection service.
The containers shall be placed at the service location allowing enough room for the
truck to safely approach the containers. The collection containers shall be brough t
to the service area on the day of service and returned to the storage enclosure by
the property owner. The containers are not to be in public view prior to, or beyond
the scheduled service times. The applicant shall obtain a review letter from the
City’s franchise solid waste collection service provider (Recology) confirming
serviceability and site accessibility of the solid waste pickup as designed and
shown on the project plans and provide to the City Engineer for approval. Contact
Lisa Patton, Operations Manager 408-846-4421. No public right of way areas to be
used for solid waste pickup. Provide confirmation that the garbage truck can fully
access the site and does not have to “back up” into City Right of Way or
Easement. There can be no interruption to the City Right of Way or easements
due to solid waste pickup. (PUBLIC WORKS)
137. FUEL DISPENSING AREAS: Per Gilroy Municipal Code Section 27C.8 Prohibition
of Discharges from Industrial or Commercial Activity, the applicant shall install
impermeable surfaces that are graded at the minimum slope necessary to prevent
ponding and separated from the rest of the site by a grade break that prevents run-
on of stormwater to the maximum extent practicable. A canopy that extends a
minimum of ten feet in each direction from each pump shall cover fueling area.
The canopy shall not drain onto the fueling area. (PUBLIC WORKS)
138. UNDERGROUND FRONTAGE UTILITY LINES: The applicant must underground
all overhead utilities, and remove all related utility poles, along the project frontage
and project boundary from utility pole to utility pole. The applicant shall be
responsible for the coordination with all utility companies existing on the poles and
coordinate for their undergrounding or relocation as necessary so that the p roject
frontage and boundary is free from utilities to the approval of the City Engineer.
The applicant shall submit plans for this undergrounding work with the civil plans
submitted at first improvement plan submittal. Permitting for this undergrounding
work shall occur prior to the issuance of the first building permit unless otherwise
approved by the City Engineer. (PUBLIC WORKS)
139. DRAINAGE: Drainage designed into landscaping with the purpose of reducing
volume or improving quality of runoff from th e site shall be implemented according
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to the requirements of the Stormwater Management Guidance Manual for Low
Impact Development & Post Construction Requirements (June 2015) and shall
also be, subject to the approval of the City Engineer. No increase to the peak
discharge shall be permitted downstream.
In addition, discharge must conform to any non-point source permit issued by the
Regional Water Quality Control Board. Drainage improvements made on-site shall
conform to standard engineering practices and shall not allow any site drainage to
impact adjacent properties.
All drainage capacity calculations shall be performed by a licensed Civil Engineer,
whose signed engineer’s stamp shall appear on the calculations sheets, and shall
be submitted to the City for review and approval with the project civil plans.
For projects that include permanent structural controls for water quality protection,
the O&M (operation and maintenance) procedures for such control features shall
be submitted in a site-specific Stormwater Control Plan (SWCP) which shall be
reviewed and approved prior to occupancy. A formal O&M Agreement shall specify
the owner’s responsibility to ensure their ongoing effective operation and
maintenance. Such O&M responsibility requirements shall be recorded on the
property deed.
If the project is proposing to connect to an existing storm drain system within or
downstream from the site, the design engineer shall provide calculations with the
final design plans to demonstrate that the downstream drainage system has
adequate capacity to accommodate the additional site flows being added to the
system for the design storm per City Standards. The calculations shall be to the
approval of the City Engineer prior to the issuance of the first City permit.
(PUBLIC WORKS)
140. STORMWATER: The project shall prepare a hydraulic study to evaluate the
stormwater impacts and impacts to surrounding discharge locations and receiving
waters. Stormwater detention shall be designed to not exceed existing condition
discharge rates under stormwater events range of events, such as the 2-yr., 10-yr.,
and 25-yr. events. Refer to the City of Gilroy General Guidelines Section 7 #13 “A
24-hour, 25-year storm, total rainfall of 4.79 inches shall be used if a reasonable
outlet is provided (detention).
If no disposal other than evaporation, percolation or irrigation is provided
(retention), a 24-hour, 100-year storm, total rainfall of 5.59 inches, shall be used.
25% of the total basin volume shall be considered as freeboard.”
https://www.cityofgilroy.org/260/Standards-Specifications
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141. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall
submit results from a third-party review of the project’s stormwater design. The
results shall confirm that the project is complying with requirements set in the City
of Gilroy Stormwater Management Guidance Manual for Low Impact Development
and Post-Construction Requirements. (PUBLIC WORKS)
142. SITE LANDSCAPING COORDINATION: The site landscaping needs to be
coordinated between the stormwater treatment area and the overall site
landscaping plan area. The landscaping within the stormwater treatment area will
not count towards the site landscaping requirement. Stormwater treatment areas
should be identified on the site first, and then site l andscaping to make sure the
correct plant material is identified for each area.
Some site landscaping plant material may not be suitable in stormwater treatment
areas due to the nature of the facility. Sewer facilities cannot be aligned through
stormwater treatment facilities. It is the applicant’s responsibility to coordinate the
civil stormwater treatment facilities and the plans from the project landscaper.
(PUBLIC WORKS)
143. PARKING LOTS: The applicant shall submit plans for all required off -street
parking lots showing proper grading, drainage, ramps profile, and parking
dimensions in conformance with City parking standards. The plans shall be
approved by the City Engineer prior to the issuance of the first City permits.
(PUBLIC WORKS)
144. BICYCLE PARKING: The applicant shall provide both long-term bicycle lockers
and short-term bicycle racks on-site, as shown on the approved site plan, to the
approval of the City Engineer. (PUBLIC WORKS)
145. OFF-HOURS MATERIAL DELIVERY: The applicant shall coordinate with the
future site operators so that all site delivery of materials and goods are delivered
off-hours and on-site. This will allow the on-site customer parking for the
development site to be utilized during business hours, and not be impacted by the
staging of delivery vehicles. The applicant shall provide a written plan, to ensure
that this condition is satisfied, prior to occupancy of the first site building. The plan
shall be to the approval of the Planning Manager and City Engineer. (PUBLIC
WORKS)
146. TRAFFIC SIGNAL EQUIPMENT: Per the project Transportation Analysis/Traffic
Study dated October 10, 2022, the applicant shall procure all equipment and
install, at developers cost, signal improvements. The signal equipment shall be to
City Standard (unless Caltrans requires their standard to be met). The signal
equipment shall include a 2070 controller with the latest McCain software, type 332
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cabinet, and meet the requirements of the City Traffic Signal Design Standards.
Signal equipment shall be installed a t the back of walk to provide for a clear
sidewalk at the intersection. Design shall be to the approval of (Caltrans and) the
City Engineer, and shall be installed as part of Pha se I and prior to occupancy of
the first project building. (PUBLIC WORKS)
147. AD DRESS PLAN: The applicant shall submit to the Public Works Department a
final address plan. The plan shall be substantially in conformance with the address
plan approved with the Arch & Site application. Said submittal shall be approved by
the City Engineer prior to the submittal of plans for any demolition permit, building
permit, or site development permit and shall be satisfied prior to issuance of
whichever permit is issued first. (PUBLIC WORKS)
148. PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all
applicable permits and approval from federal, state, and local agencies as required
to construct the proposed improvements. The applicant is hereby informed that
permits may be required by one (1) or more of the following: Caltrans, VTA, Army
Corps of Engineers, UPRR/CPUC, Valley Water, Fish and Wildlife, Regional Water
Quality Control Board, Santa Clara County Roads and Airports, Santa Clara Valley
Water District or Habitat Permit. If project is within jurisdiction of any of these
agencies, verification of permit or waiver of permit must be given to the Public
Works Department prior to issuance of any required City permits. If the City is
required to be a party to the permit application and a fee is required, the applicant
shall reimburse the City for its cost. A copy of these permits shall be provided to
the satisfaction of the City Engineer prior to the issuance of the first City permit.
(PUBLIC WORKS)
149. CALTRANS PERMIT: Prior to the issuance of the first City permit, the applicant
must submit evidence to the Public Works Department of approval by the State of
California for the performance of any work within the State right-of-way. If the City
is required to be a party to the permit application and a fee is required, the
applicant shall reimburse the City for its cost. The Applicant is encouraged to
contact the Caltrans permit office as soon as possible to learn what is required to
obtain Caltrans approval and issuance of a State Encroachment Permit. (PUBLIC
WORKS)
150. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to
prove funding towards additional tree planting in the City. The fee is based on the
amount of added hardscape the project is adding. The estimated impact fee,
based on the approved plans, is $7,287. This fee is only an estimate. The actual
impact fee will be calculated based on building permit plans submitted, and the
fees approved by the City Council in place at the time of the building permit
submittal. The fee shall be collected by the Public Works Department and paid
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prior to issuance of the first City permit. (PUBLIC WORKS)
151. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional
to the project's share of storm drainage flowing off-site, and shall be used to
enhance the City’s storm drainage system based on the recommendations of the
adopted Storm Drainage Master Plan. The estimated impact fee, based on the
approved plans, is $12,014. This fee is only an estimate. The actual impact fee
will be calculated based on building permit plans submitted, and the fees approved
by the City Council in place at the time of the building permit submittal. The fee
shall be collected by the Public Works Department and paid prior to issuance of
the first City permit. (PUBLIC WORKS)
152. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee
proportional to the project’s share of the increase amount of sewage generated by
the project, which shall be used to enhance the City’s sewer system based on the
adopted Sewer Master Plan. The estimated impact fee, based on the approved
plans, is $1,542,728. This fee is only an estimate. The actual impact fee will be
calculated based on building permit plans submitted, and the fees approved by the
City Council in place at the time of the building permit submittal. The fee shall be
collected by the Public Works Department and paid prior to issuance of the first
building permit. At first improvement plan submittal, applicant’s engineer shall
submit a calculation for sanitary sewer and water generation per the City’s Master
Plan design criteria. The f ee shall be collected by the Public Works Department
and paid prior to issuance of the first building permit. (PUBLIC WORKS)
153. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional
to the project's share of impact to the City’s water system, and the water needs of
the development. The fee shall be used to fund improvements identified in the
City’s Water Master Plan. The estimated impact fee, based on the approved
plans, is $402,763. This fee is only an estimate. The actual impact fee will be
calculated based on building permit plans submitted, and the fees approved by the
City Council in place at the time of the building permit submittal. At first
improvement plan submittal, applicant’s engineer shall submit a calculation for
water generation per the City’s Master Plan design criteria. The fee shall be
collected by the Public Works Department and paid prior to issuance of the first
building permit. (PUBLIC WORKS)
154. TRAFFIC IMPACT FEE: The applicant shall pay a fee proportional to the project's
share of transportation improvements needed to serve cumulative development
within the City of Gilroy. The funds shall be used to fund improvements identified
in the City Traffic Circulation Master Plan. The estimated impact fee, based on the
approved plans, is $2,568,157. This fee is only an estimate. The actual impact fee
will be calculated based on building permit plans submitted, and the fees approved
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by the City Council in place at the time of the building permit submittal. The fee
shall be collected by the Public Works Department and paid prior to issuance of
the first building permit. (PUBLIC WORKS)
155. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to
the project’s share of the increase to the use of City Public facilities. The
estimated impact fee, based on the approved plans, is $3,897,623. This fee is only
an estimate. The actual impact fee will be calculated based on building permit
plans submitted, and the fees approved by the City Council in place at the time of
the building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. (PUBLIC
WORKS)
156. CONSTRUCTION NOTICING: At least two week prior to commencement of any on
or off-site work, the applicant shall post at the site, and to property owners within
(300') three hundred feet of the exterior boundary of the project site a notice that
construction work will commence on or around the stated date. The notice shall
include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall be included.
The list shall be current at all times and shall consist of persons with authority to
initiate corrective action in their area of responsibility. The names of individuals
responsible for dust, noise and litter control shall be expressly identified in the
notice. Noticing shall be in both English and Spanish. The notice shall be
submitted for review to the approval of the City Engineer two weeks prior to the
issuance of the first City permit. (PUBLIC WORKS)
The following conditions shall be met prior to the approval of the FINAL MAP or
PARCEL MAP, or if another deadline is specified in a condition, at that time.
157. DEDICATIONS: The applicant or owner shall dedicate all necessary right of way
along the project frontage, project boundary, and all off-site locations in order to
construct the improvements identified in the Transportation Analysis/Traffic Study.
Where required, the applicant shall also dedicate a property line radius at the
corner of his property. (PUBLIC WORKS)
158. DEDICATION OF EASEMENT: The applicant shall dedicate a 16-ft Public Utility
Easement to the City for public utilities per City Standards. The easement shall be
conveyed by the associated Parcel/Final Map. The applicant shall prepare the
easement conveyance documents for review to the approval of the City Engineer.
The easement shall be recorded with the County of Santa Clara prior to the
issuance of the first City permit. (PUBLIC WORKS)
159. DRIVEWAY ACCESS EASEMENT: The applicant or owner shall dedicate
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reciprocal driveway ingress and egress easements, as delineated on the approved
plans. Said easements shall be approved by all affected property owners. The
easements shall be approved by the City Engineer, recorded with the County
Recorder’s Office, and a recorded copy of the document returned to the City prior
to the issuance of the first City permit. The easement may also be designated on
any associated parcel or subdivision map. (PUBLIC WORKS)
160. PARCEL MAP: It shall be the applicant's responsibility to have a parcel map,
prepared by a person authorized to practice land surveying in California,
delineating all parcels created or deleted and all changes in lot lines in
conformance with the Gilroy Municipal Code. The parcel map shall be approved
by the Department of Public Works and recorded with the County Recorder’s
Office prior to the issuance of the first City permit. A parcel map guarantee shall
be submitted to the City, by the applicant’s title company, prior to release of the
parcel map to the title company for recordation. Prior to the City’s release of the
parcel map to the title company, the applicant may, at the discretion of the City
Engineer, be required to submit to the City an electronic copy of the map in the
AutoCAD Version being used by the City at the time of recordation. It is the
applicant's responsibility to check with their title company and the County
Recorder’s Office to determine the time necessary to have the map recorded after
City approval. (PUBLIC WORKS)
161. SUBDIVISION (FINAL) MAP: The applicant shall have a subdivision map,
prepared by a person authorized to practice land surveying in California,
delineating all parcels created or deleted and all changes in lot lines in
conformance with the Gilroy Municipal Code. The Final Subdivision Map shall be
approved by the Department of Public Works and recorded by the County
Recorder’s Office prior to the issuance of the first City permit. A map guarantee
shall be submitted to the City, by the applicant’s title company, prior to release of
the map to the title company for recordation. Prior to the City’s release of the final
map to the title company, the applicant may, at the discretion of the City Engineer,
be required to submit to the City an electronic copy of the map in the AutoCAD
Version being used by the City at the time of recordation. It is the applicant's
responsibility to check with their title company and the County Recorder’s Office to
determine the time necessary to have the map recorded after City approval.
The Subdivision (Final) Map shall be presented to the City Council for review and
action. The City Council meeting will be scheduled approximately fifty (50) days
after the Subdivision (Final) Map is deemed technically correct, and Improvement
Plans with supporting documents, reports and agreements are approved by the
City. Executed Subdivision (Final) Map shall be returned to the City Public Works
Department if Subdivision (Final) Map has not been filed in the County Recorder’s
Office within ninety (90) days from the date of City Council’s approval. (Note: This
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item to also be added for condominium projects.) (PUBLIC WORKS)
162. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a
property improvement agreement with the City per Gov. Code Section 66462(a),
and shall arrange to provide Payment and Performance bonds each for 100% of
the cost of public infrastructure improvements to be constructed in the public right-
of-way. These improvements shall include, but not be limited to, roadway
construction, sidewalk, curb and gutter, water lines, storm lines, sewer lines, street
lights, and signal equipment. City Standard insurance shall be provided per the
terms of the agreement. The agreement will be forwarded to the City Council for
approval with project (parcel or final) map. The PIA shall be approved by the City
Council prior to the issuance of the first project permit. (PUBLIC WORKS)
163. LANDSCAPE MAINTENANCE AGREEMENT: The developer will be required to
enter into a landscape maintenance agreement for the maintenance of landscape
in the public right of way along the project frontage.
164. MONUMENTS: The applicant shall arrange for the engineer to have all
monuments set per the recorded final map. A certificate letter by the Surveyor or
Engineer will be provided to the City Engineer. (PUBLIC WORKS)
165. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall
prepare project Covenants, Conditions and Restrictions (CC&R) for the project.
The CC&Rs shall be submitted with the project map for review and approval of the
City Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall
include relevant project Conditions of Approval, and shall include language that
restricts the Homeowner’s Association from making changes to the CC&Rs without
first obtaining approval from the City. The CC&Rs shall be reviewed and approved
prior to the City Council approval of the project map. (PUBLIC WORKS)
166. LOT LINE ADJUSTMENT: It shall be the applicant's responsibility to have any lot
line adjustment, prepared by a person authorized to practice land surveying in
California, delineating all changes in lot lines in conformance with the Gilroy
Municipal Code. The lot line adjustment shall be approved by the Department of
Public Works, recorded by the County Recorder’s Office, and a recorded copy of
the document returned to the City prior to the issuance of any City permits. It is the
applicant's responsibility to check with their title company and the County
Recorder’s Office to determine the time necessary to have the lot line adjustment
recorded after City approval. (PUBLIC WORKS)
167. ELEVATION CERTIFICATE: (specifically for projects in the flood zone) An
elevation certificate per FEMA requirements must be complete by a Land Surveyor
or Civil Engineer. The elevation certificate shall be submitted, to the approval of
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the City Engineer, prior to the first building occupancy. (PUBLIC WORKS)
168. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:
The applicant shall execute a Stormwater Management Facilities Maintenance
Agreement with the City Engineer as specified in Chapter 7.39.210-230 of the
Stormwater Management and Discharge Control ordinance. The agreement shall
outline the operation and maintenance (O&M) plan for the permanent storm water
treatment facilities. The City-Standard Stormwater BMP Operation and
Maintenance Agreement will be provided by Public Works Engineering. The
agreement shall include the following:
a. This Agreement shall also provide that in the event that maintenance or
repair is neglected, or the stormwater management facility becomes a
danger to public health or safety, the city shall have the authority to perform
maintenance and/or repair work and to recover the costs from the owner.
b. All on-site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired/replaced by the
property owner(s) or other legal entity approved by the City.
c. Any repairs or restoration/replacement and maintenance shall be in
accordance with City-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of
any stormwater management facility and shall describe the maintenance to
be completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the
approved Stormwater Runoff Management Plan.
This agreement shall be executed prior to the first occupancy of the building.
(PUBLIC WORKS)
169. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater
Management Facilities Maintenance Agreement work shall require inspections be
performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit,
the applicant shall secure a QSD or QSP to maintain all erosion control and
BMP measures during construction. The a pplicant’s QSD or QSP shall
provide the City weekly inspection reports to the approval of the City
Engineer.
b. Stormwater facility inspections shall be done at least twice per year, once in
Fall by October 1st, in preparation for the wet season, and once in Winter
by March 15th. Written records shall be kept of all inspections and shall
include, at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
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4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
c. Upon completion of each inspection, an inspection report shall be submitted
to Public Works Engineering no later than October 1st for the Fall report, and
no later than March 15th of the following year for the Winter report.
d. Before commencing any grading or construction activities, the applicant
shall obtain a National Pollutant Discharge Elimination System (NPDES)
permit and provide evidence of filing of a Notice of Intent (NOI) with the
State Water Resources Control Board.
e. The applicant is responsible for ensuring that all contractors are aware of all
storm water quality measures and implement such measures. Failure to
comply with the approved construction BMPs will result in the issuance of
correction notices, citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/
retention basins, drain rock, etc.) shall be done toward final phases of
project to prevent silting of facilities and reduce the intended use of the
facilities.
g. Prior to final inspection, all stormwater facilities will be tested by a certified
QSP or QSD to meet the minimum design infiltration rate. All tests shall be
made at on 20 ft x 20ft grid pattern over the surface of the completed
stormwater facility unless otherwise approved by the City Engineer.
All soil and infiltration properties for all stormwater facilities shall be evaluated by
the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer
Testing with appropriate safety factors) at horizontal and vertical (at the depth of
the stormwater facility) shall be conducted for each stormwater facility. A 50%
safety factor shall be applied to the calculated percolation test and shall be used
as the basis for design (the design percolation rate). The geotechnical report shall
include a section designated for stormwater design, including percolation results
and design parameters. (PUBLIC WORKS)
170. REGIONAL BOARD STORMWATER: This project may be subject to an audit by
the Central Coast Regional Board. City may be required to provide the project
stormwater design and storm water management plan for Regional Board review
and comment. The project may need to provide the Regional Board any and all
necessary documents (including reports, technical data, plans, etc.) for the
Regional Board approval. (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a
condition, at that time.
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171. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at
least ten (10) working days prior to the start of any construction work, and at that
time the contractor shall provide a project construction and phasing schedule, and
a 24-hour emergency telephone number list. The schedule shall be in Microsoft
Project, or an approved equal, and shall identify the scheduled critical path for the
installation of improvements to the approval of the City Engineer. The schedule
shall be updated weekly. The approved construction and phasing schedule shall
be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to
surrounding school functions. An approved construction information h andout(s)
shall also be provided to GUSD to share with school parents. (PUBLIC WORKS)
a. All work shown on the improvement plans shall be inspected to the
approval of the City Engineer as applicable. Uninspected work shall be
removed as deemed appropriate by the City Engineer.
b. Construction activities related to the issuance of any Public Works
permit shall be restricted to the weekday between 7:00 a.m. and 7:00
p.m., Saturday 9:00 a.m. to 7:00 p .m. for general construction activities.
No work shall be done on Sundays and on City Holidays unless
otherwise approved by the City Engineer. Please note that no work shall
be allowed to take place within the City right-of-way after 5:00 p.m.
Monday through Friday. In addition, no work being done under the
issuance of a Public Works encroachment permit may be performed on
the weekend unless prior approvals have been granted by Public Works.
The City Engineer may apply additional construction period restrictions,
as necessary, to accommodate standard co mmute traffic along arterial
roadways and along school commute routes. Signs outlining the project
construction times shall be posted at conspicuous locations on site
where it is visible to the public. T he signs shall be per the City Standard
Drawing for posting construction hours. The sign shall be kept free of
graffiti at all times. Contact the Public Works Department to obtain
sample City Standard sign outlining hours of operation.
c. The allowed hours of Public Works construction activities may be
waived or modified through an exemption, for limited periods, if the City
Engineer finds that the following criteria are met:
i. Permitting extended hours of construction will decrease the
total time needed to complete the project thus mitigating the
total amount of noise associated with the project as a whole;
or,
ii. Permitting extended hours of construction are required to
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accommodate design or engineering requirements, such as a
large concrete pour. Such a need would be determined by the
project's design engineer and require approval of the City
Engineer.
iii. An emergency situation exists where the construction work is
necessary to correct an unsafe or dangerous condition resulting
in obvious and eminent peril to public health and safety. If such
a condition exists, the City may waive any of th e remaining
requirements outlined below.
iv. The exemption will not conflict with any other condition of
approval required by the City to mitigate significant impacts.
v. The contractor or owner of the property will notify residential and
commercial occupants of property adjacent to the construction
site of the hours of construction activity which may impact the
area. This notification must be provided three days prior to the
start of the extended construction activity.
vi. The approved hours of construction activity will be posted at the
construction site in a place and manner that can be easily viewed
by any interested member of the public.
vii. The City Engineer may revoke the exemption at any time if the
contractor or owner of the property fails to abide by the
conditions of exemption or if it is determined that the peace,
comfort and tranquility of the occupants of adjacent residential or
commercial properties are impaired because of the location and
nature of the construction. The waiver application must be
submitted to the Public Works Construction Inspector ten (10)
working days prior to the requested date of waiver.
d. The following provision to control traffic congestion, noise, and dust
shall be followed during site excavation, grading and construction:
i. All construction vehicles should be properly maintained and
equipped with exhaust mufflers that meet State standards.
ii. Blowing dust shall be reduced by timing construction activities
so that paving and building construction begin as soon as
possible after completion of grading, and by landscaping
disturbed soils as soon as possible.
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iii. 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 ensure proper control of blowing dust
for the duration of the project.
iv. Watering on public streets, and wash down of dirt and debris
into storm drain systems will not be allowed. Streets will be
cleaned by street sweepers or by hand as often as deemed
necessary by the Construction Inspector, or at least once a day.
Watering associated with on-site construction activity shall take
place between the hours of 8 a.m. and 5 p.m. and shall include at
least one late-afternoon watering to minimize the effects of
blowing dust. Recycled water shall be used for construction
watering to manage dust control where possible, as determined
by the City Engineer. Recycled water shall be billed at the
municipal industrial rate based on the current Santa Clara Valley
Water District’s municipal industrial rate. Where recycled water is
not available potable water shall be used. All potable
construction water from fire hydrants shall be metered and billed
at the current portable fire hydrant meter rate.
v. All public streets soiled or littered due to this construction
activity shall be cleaned and swept on a daily basis during the
workweek to the satisfaction of the Construction Inspector.
vi. Construction grading activity shall be discontinued in wind
conditions that in the opinion of the Public Works Construction
Inspector cause excessive neighborhood dust problems.
vii. Site dirt shall not be tracked into the public right-of-way, and
shall be cleaned immediately if done, or the project may risk being
shut down. Mud, silt, concrete and other construction debris shall
not be washed into the City’s storm drains.
viii. Construction activities shall be scheduled so that paving and
foundation placement begin immediately upon completion of
grading operation.
ix. All aggregate materials transported to and from the site shall
be covered in accordance with Section 23114 of the California
Vehicle Code during transit to and from the site.
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x. Prior to issuance of any permit, the applicant shall submit any
applicable pedestrian or traffic detour plans, to the satisfaction of
the City Engineer, for any lane or sidewalk closures. The traffic
control plan shall be prepared by a licensed professional engineer
with experience in preparing such plans. The Traffic Control Plan
shall be prepared by a licensed engineer in accordance with the
requirements of the latest edition of the California Manual on
Uniform Traffic Control Devices (MUTCD) and standard
construction practices. The Traffic Control Plan shall be approved
prior to the commencement of any work within the public right-of-
way.
xi. During construction, the applicant shall make accessible any
or all City utilities as directed by the City Engineer.
xii. The minimum soils sampling and testing frequency shall
conform to Chapter 8 of the Caltrans Construction Manual. The
applicant shall require the soils engineer submit to daily testing
and sampling reports to the City Engineer.
172. STREET RESURFACING PRIOR TO ACCEPTANCE: Prior to final acceptance,
the applicant shall apply a microsufacing to all streets, and apply final street
markings, per the approved plans, in thermoplastic to Caltrans Standards. All
microsurfacing and final striping shall be to the approval of the City Engineer.
(PUBLIC WORKS)
173. PROJECT CLOSE-OUT AND RECORD DRAWINGS: At project completion, the
applicant shall submit the complete Public Works project closeout packag e to the
Department of Public Works Engineering Division. The project closeout package
consists of As-Builts, AutoCAD files, etc. Additional information regarding the
Public Works project closeout can be provided to the applicant upon request. This
condition shall be met prior to the release of utilities, final inspection, or issuance of
a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)
174. PROJECT CLOSE-OUT: Prior to City acceptance of all parcel map subdivision
developments, tract subdivision developments, and property improvement
agreements, the applicant shall comply with all City construction close-out
procedures to the approval of the City Engineer. Refer to the City’s website for a
copy of these procedure. Prior to final inspections, all pertinent conditions of
approval and all improvements shall be completed to the satisfaction of the
Planning Director and City Engineer. A letter indicating that all project conditions
have been met shall be submitted prior to the first occupancy. All public
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improvements, including the complete installation of all improvements relative to
streets, fencing, sanitary sewer, storm drainage, water system, underground
utilities, etc., shall be completed and attested to by the City Engineer before
approval of occupancy of any unit. Where facilities of other agencies are involved,
such installation shall be verified as having been completed and accepted by those
agencies. In addition, the applicant shall submit a detailed project cost estimate of
all public improvements constructed on-site and within the public right-of-way. The
cost estimate shall be prepared by the project engineer, and be to the approval of
the City Engineer. The cost estimate shall be broken out into on-site and off-site
improvements based on the format provided by the City.
Until such time as all improvements required are fully completed and accepted by
City, the applicant shall be responsible for the care maintenance of and any
damage to such improvements. City shall not, nor shall any o fficer or employee
thereof, be liable or responsible for any accident, loss or damage, regardless of
cause, happening or occurring to the work or Improvements required for this
project prior to the completion and acceptance of the work or Improvements. All
such risks shall be the responsibility of, and are hereby assumed by the applicant.
(PUBLIC WORKS)
175. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal
to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by
FHWA Standards, the applicant shall submit a truck hauling route and receive a
haul permit that conforms to City of Gilroy Standards to the approval of the City
Engineer. Note that the City requires a Haul Permit be issued for any hauling
activities.
The project sponsor shall require contractors to prohibit trucks from using
“compression release engine brakes” on residential streets. A letter from the
applicant confirming the intention to use this hauling route shall be submitted to the
Department of Public Works, and approved, prior to the issuance of any City
permits.
All material hauling activities including but not limited to, adherence to the
approved route, hours of operation, staging of materials, dust control and street
maintenance shall be the responsibility of the applicant. All storage and office
trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and
walks will not be allowed. The applicant must provide an approved method of
cleaning tires and trimming loads on-site. Any job-related dirt and/or debris that
impacts the public right-of-way shall be removed immediately. No wash down of
dirt into storm drains will be allowed. All material hauling activities shall be done in
accordance with applicable City ordinances and conditions of approval. Mud, silt,
concrete and other construction debris shall not be washed into the City’s storm
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drains. Violation of such may be cause for suspension of work. (PUBLIC
WORKS)
176. CONSTRUCTION WORKER PARKING: The applicant shall provide an on-site
construction-parking plan and shall include an estimate of the number of workers
that will be present on the site during the various phases of construction and
indicate where sufficient off-street parking will be utilized. Said plan shall be
approved by the City Engineer prior to issuance of City permits and shall be
complied with at all times during construction. Failure to enforce the parking plan
may result in suspension of the City permits. (PUBLIC WORKS)
177. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition
of Illegal Discharges, the applicant shall follow the specific best management
practices for the installation of the Architectural Copper. For detailed information
please distribute the flyer to all construction personnel involved in the fabrication
and installation of the Architectural Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/Architecturalcoppe rBMPs.pdf
(PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES that the use permitted
by this entitlement occupies the premises
178. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In
accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm
Water Pollution Prevention all projects that meet the criteria described in the Storm
Water Guidance Manual for Low Impact Development and Post-Construction
Requirements shall prepare a storm water control plan (SWCP) and shall meet the
requirements of the design standards and selection of best management practices
and shall be selected and designed to the satisfaction of the City Engineer or
designee. Requirements shall include:
a. Owner/occupant shall inspect private storm drain facilities at least two (2)
times per year and sweep parking lots immediately prior to and once during
the storm season.
b. The applicant shall be charged the cost of abatement for issues ass ociated
with, but not limited to, inspection of the private storm drain facilities,
emergency maintenance needed to protect public health or watercourses,
and facility replacement or repair in the event that the treatment facility is no
longer able to meet performance standards or has deteriorated. Any
abatement activity performed on the applicant’s property by City staff will be
charged to the applicant at the City’s adopted hourly rate.
c. Label new and redeveloped storm drain inlets with the phrase “No Dum ping:
Drains to Bay” plaques to alert the public to the destination of storm water
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and to prevent direct discharge of pollutants into the storm drain. Template
ordering information is available at www.flowstobay.org.
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides,
and similar chemical products, as well as petroleum based wastes, tallow,
and grease planned for storage outdoors shall be stored in covered
containers at all times.
e. All public outdoor spaces and trails shall include installation and upkeep of
dog waste stations.
Garbage and recycling receptacles and bins shall be designed and maintained with
permanent covers to prevent exposure of trash to rain. Trash enclosure drains
shall be connected to the sanitary sewer system. (PUBLIC WORKS)
End.
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