Resolution No. 2018-03 | Tentative Map (TM 17-01) Subdivision of a 103 acre site into 23 Multi-Family Condominium Lots | Adopted 03/01/2018RESOLUTION NO. 2018-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 17-01,
A SUBDIVISION OF A 103+/- ACRE SITE INTO 23 MULTI -FAMILY
CONDOMINIUM LOTS, ON WHICH UP TO 125 TOWNHOUSE UNITS
WILL BE CONSTRUCTED; THREE PARCELS THAT WILL BE
DEVELOPED WITH PUBLIC FACILITIES (A FIRE STATION AND TWO
PUBLIC TRAILS); SEVEN PRIVATE OPEN SPACE LOTS; FOUR LOTS
FOR FUTURE DEVELOPMENT; AND ASSOCIATED PUBLIC AND
PRIVATE STREETS ON PROPERTY LOCATED NORTH OF SANTA
TERESA BOULEVARD, BETWEEN WEST TENTH STREET AND
MILLER AVENUE (APN # 808-18-003 (portion); 808-19-010 (portion),
808-19-022, 808-19-023, 808-19-024 (portion)), FILED BY GLEN LOMA
GROUP, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020.
WHEREAS, The Glen Loma Corporation submitted an application requesting a
tentative map to subdivide an approximate 103+/- acre site into 23 multi -family
condominium lots, on which up to 125 townhouse units will be constructed; three
parcels that will be developed with public facilities (a fire station and two public trails);
seven private open space lots; four lots for future development; and associated public
and private streets; and
WHEREAS, the subject property is located within the Glen Loma Ranch Specific
Plan area, north of Santa Teresa Boulevard, between West Tenth Street and Miller
Avenue, commonly known as Town Center at Glen Loma Ranch; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
tentative map (TM 17-01), in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations; and
WHEREAS, said tentative map was referred to various public utility companies
and City departments, including the Technical Advisory Committee for
recommendations; and
WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma
Ranch Specific Plan; and
WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma
Ranch Development Agreement; and
WHEREAS, the Planning Commission finds the tentative map conforms to the
City's General Plan and elements thereof, including the "Glen Loma Ranch Specific
Plan" and the "Neighborhood District Policy"; and
Resolution No. 2018-03
Page 2
WHEREAS, an environmental impact report (EIR) was prepared for this site as
part of the review of application GPA 00-01; and
WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section
15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects
pursuant to a specific plan from further environmental review under CEQA, as long as
the project meets the requirements of that section. Staff has determined that the
proposed residential subdivision meets the requirements of section 15182, such that no
additional CEQA analysis is required; and
WHEREAS, a mitigation monitoring and reporting plan has been prepared,
consistent with the certified EIR; and
WHEREAS, the Planning Commission finds, after due study, deliberation and
public hearing, the following circumstances exist:
1. The proposed tentative map is generally consistent with the intent of the
goals and policies of the "Glen Loma Ranch Specific Plan."
2. The proposed tentative map is generally consistent with the intent of the
goals and policies of the "Neighborhood District Policy."
3. The proposed tentative map is generally consistent with the intent of the
goals and policies of the City's General Plan.
4. The proposed development is consistent with the Zoning Ordinance and
the City's Subdivision and Land Development Code, and the State
Subdivision Map Act.
5. Public utilities and infrastructure improvements needed in order to serve
the proposed project are in close proximity.
6. As identified in the certified EIR, all significant environmental impacts
associated with buildout of the Glen Loma Ranch Specific Plan area can
be reduced to a less than significant level with the implementation of
adopted mitigation measures identified in the certified EIR, except for air
quality. The proposed project would result in a significant, unavoidable
environmental impact with regard to project emissions and consistency
with the Bay Area 2000 Clean Air Plan. When adopting the specific plan in
2005, the City Council adopted a statement of overriding considerations,
finding that the benefits of the project outweighed this environmental
effect.
WHEREAS, the Planning Commission finds that the applicant agrees with the
necessity of and accepts all elements, requirements, and conditions of this resolution as
being a reasonable manner of preserving, protecting, providing for, and fostering the
health, safety, and welfare of the citizenry in general and the persons who work, visit or
live in this subdivision in particular.
Resolution No. 2018-03
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Gilroy hereby recommends to the City Council the approval of the tentative map,
subject to the following conditions:
PLANNING DIVISION STANDARD CONDITIONS
1. The applicant will be required to mitigate for the removal of significant trees by
obtaining a tree removal permit, which will require replacement of significant
trees, in accordance with the City's Consolidated Landscaping Policy.
2. The subdivider shall defend, indemnify, and hold harmless the City, its City
Council, Planning Commission, agents, officers, and employees from any claim,
action, or proceeding against the City or its City Council, Planning Commission,
agents, officers, and employees to attack, set aside, void, or annul an approval of
the City, City Council, Planning Commission, or other board, advisory agency, or
legislative body concerning this subdivision. City will promptly notify the
subdivider of any claim, action, or proceeding against it, and will cooperate fully
in the defense. This condition is imposed pursuant to California Government
Code Section 66474.9.
3. The Final Map shall substantially comply with the Tentative Map prepared by
Ruggeri Jensen Azar, dated October 2017 and stamped approved, except as
modified by the City Council's approval of this application and the conditions of
approval.
4. The developer shall submit a copy of the Conditions, Covenants and Restrictions
(CC&Rs) to the Planning Division concurrent with final map submittal.
Homeowners' Association documentation, Conditions, Covenants and
Restrictions and/or property owner's Maintenance Agreements shall be approved
by the Planning Division prior to the map being released for recordation.
5. With the exception of lots that received an exemption from the application of the
City's Residential Development Ordinance (RDO) (City Zoning Ordinance
Sections 50.60 et seq.), no building permit shall be issued in connection with this
project if the owner or developer of such development (i) is not in compliance
with the RDO, any conditions of approval issued in connection with such
development, or other City requirements applicable to such development; or (ii) is
in default under any agreement entered into with the City in connection with such
development pursuant to the RDO.
PLANNING DIVISION SPECIAL CONDITIONS
The following MITIGATION MEASURES, which are contained within the EIR and EIR
addendum, prepared pursuant to the California Environmental Quality Act, and as
modified based upon changes in applicable regulations, are included as conditions of
approval.
Resolution No. 2018-03
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6. Project proponents shall specify in project plans the implementation of the
following dust control measures during grading and construction activities for any
proposed development. The measures shall be implemented as necessary to
adequately control dust, subject to the review and approval by the City of Gilroy
Engineering Division (corresponds to EIR Mitigation Measure 3):
The following measures shall be implemented at all construction sites:
• Water all active construction areas at least twice daily;
• Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard;
• Pave, apply water three times daily, or apply (non -toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction
sites;
• Sweep daily (with water sweepers) all paved access roads, parking areas
and staging areas at construction sites; and
• Sweep streets daily (with water sweepers) if visible soil material is carried
onto adjacent public streets.
The following measures shall be implemented at all construction sites greater
than four acres in area:
• Hydroseed or apply (non -toxic) soil stabilizers to inactive construction
areas (previously graded areas inactive for ten days or more);
• Enclose, cover, water twice daily or apply (non -toxic) soil binders to
exposed stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15 mph;
• Install sandbags or other erosion control measures to prevent silt runoff to
public roadways; and
• Replant vegetation in disturbed areas as quickly as possible.
The following measures are strongly encouraged at construction sites that are
large in area, located near sensitive receptors or which for any other reason may
warrant additional emission reductions:
• Install wheel washers for all existing trucks, or wash off the tires or tracks
of all trucks and equipment leaving the site;
• Install wind breaks, or plant trees/vegetative wind breaks at windward
side(s) of construction areas;
• Suspend excavation and grading activity when winds (instantaneous
gusts) exceed 25 miles per hour; and
• Limit the area subject to excavation, grading and other construction
activity at any one time.
7. The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City
of Gilroy, prior to issuance of a grading permit. The permit shall include all
applicable project conditions (corresponds to EIR Mitigation Measure 4).
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8. Subject to the review of the City of Gilroy Planning Division, no more than 30 days
prior to commencement of grading or construction activities for development
proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and
oak woodland), a tree survey shall be conducted by a qualified biologist to
determine if active nest(s) of protected birds are present in the trees. Areas
within 200 feet of the construction zone that are not within the control of the
applicant shall be visually assessed from the project site. This survey shall be
required only if any construction would occur during the nesting and/or breeding
season of protected bird species potentially nesting in the tree (generally March 1
through August 1). If active nest(s) are found, clearing and construction within
200 feet of the tree, or as recommended by the qualified biologist, shall be halted
until the nest(s) are vacated and juveniles have fledged and there is no evidence
of a second attempt at nesting, as determined by the qualified biologist. If
construction activities are not scheduled between March 1 and August 1, no
further shrike or tree surveys shall be required (corresponds to EIR Mitigation
Measure 5).
9. Subject to the review of the City of Gilroy Planning Division, no more than 30 days
prior to commencement of grading or construction activities for development
proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak
woodland), pre -construction surveys for bat roosts shall be performed by a
qualified biologist. If bat roost sites are found, the biologist shall implement a
program to remove/displace the bats prior to the removal of known roost sites. In
addition, an alternate roost site shall be constructed in the vicinity of the known
roost site. Specifications of the alternate roost shall be determined by a bat
specialist (corresponds to EIR Mitigation Measure 6).
10. Prior to approval of each tentative map or use permit, project plans for future
development on the project site shall be designed to avoid unnecessary filling or
other disturbance of natural drainage courses and associated oak/riparian
woodland vegetation to the greatest extent feasible, subject to review and
approval of the City of Gilroy Planning Division. In the event that disturbance of
site drainages and associated oak/riparian woodland vegetation cannot be
avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain
outfalls, etc.), authorization from the California Department of Fish and Game
through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army
Corps of Engineers through Section 404 of the Clean Water Act and the Regional
Water Quality Control Board through Section 401 of the Clean Water Act shall be
obtained, if required, prior to issuance of building or grading permits for any
activity that might encroach on the site's drainages. Conditions imposed on
these permits and/or authorizations may include but not be limited to the
following (corresponds to EIR Mitigation Measure 8):
• Construction work shall be initiated and completed during the summer and
fall months when the drainages are dry, or at least have a very low flow.
Typically, no construction work shall be allowed between October 15th
and April 15th.
Resolution No. 2018-03
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A Habitat Restoration Plan shall be prepared to identify the exact amount
and location of affected and replacement habitat, to specify on -site
revegetation with locally -obtained native species within the buffer areas to
mitigate habitat loss, and to provide specifications for installation and
maintenance of the replacement habitat. Any loss of riparian or wetland
vegetation resulting from construction activities shall be mitigated on -site
at a minimum 3:1 replacement ratio.
11. Any loss of oak and/or riparian woodland habitat resulting from development shall
require the project proponent to retain a qualified biologist to prepare a Habitat
Restoration Plan to identify the exact amount and location of affected and
replacement habitat, specify an appropriate plant palette, and provide
specifications for installation and maintenance of the replacement habitat.
Replacement vegetation shall consist of locally -obtained native plant species.
Any loss of riparian woodland vegetation shall be mitigated on -site at a minimum
of 3:1 replacement ratio, unless otherwise determined by the Department of Fish
and Game and the City of Gilroy. Any loss of oak woodland vegetation shall
require preservation of on -site oak woodland at a ratio of 3:1 and replanting on -
site at a ratio of 1:1, unless otherwise determined by the Department of Fish and
Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared
prior to issuance of building or grading permits for any activity requiring removal
of oak and/or riparian woodland habitat, subject to review and approval of the
City of Gilroy Planning Division and California Department of Fish and Game
(corresponds to EIR Mitigation Measure 9).
12. Prior to issuance of grading and/or building permits, subject to the review of the
Gilroy Planning Division, the project applicant shall install siltation fencing, hay
bales, or other suitable erosion control measures along portions of natural and
manmade drainage channels in which construction will occur and within 20 feet
of construction and/or staging areas in order to prevent sediment from filling the
creek (corresponds to EIR Mitigation Measure 13).
13. Prior to issuance of building permits, the project proponent of any future
development on the project site shall submit a Landscape Plan, for review and
approval by the City of Gilroy Planning Division. Landscaping plans for areas
adjacent to riparian habitat shall include appropriate guidelines to prevent
contamination of drainages and their associated riparian habitat by pesticides,
herbicides, fungicides, and fertilizers. Landscaping shall include appropriate
native plants species and should not include plantings of non-native, invasive
plant species (corresponds to EIR Mitigation Measure 14).
14. Prior to approval of a tentative map for each phase of the proposed project
requiring removal or alteration to potential wetlands and/or waters of the U.S., a
wetland delineation shall be prepared according to U.S. Army Corps of Engineers
guidelines. The actual acreage of impacts to waters of the U.S. and wetlands
shall be determined based on project plans for each development project and the
wetland delineation for each development phase. The project proponent shall
obtain all necessary permits and/or approvals from the U.S. Army Corps of
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Engineers and shall retain a restoration specialist to prepare a detailed wetland
mitigation plan, if necessary, subject to review and approval by the U.S. Army
Corps of Engineers and the City of Gilroy Planning Division. The plan shall
include, but not be limited to, creation of wetlands on site to mitigate for
unavoidable impacts to waters of the U.S. and wetlands resulting from
development activities (corresponds to EIR Mitigation Measure 15).
15. A schematic lighting plan shall be submitted with each development proposal for
review and approval by the Planning Division. Exterior lighting for any
development proposed adjacent to open space areas shall be of low stature (i.e.,
20 feet) and shall be of a full cutoff design or include opaque shields to reduce
illumination of the surrounding landscape. Lighting shall be directed away from
open space areas (corresponds to EIR Mitigation Measure 16).
16. Prior to approval of a tentative map for each phase of the proposed project
containing or adjacent to preserved natural open space areas, a signage plan
shall be prepared to outline the language, number and location of signs to
dissuade people from straying off trails and to prohibit unleashed dogs in the
open space areas, subject to approval by the City of Gilroy Planning Division
(corresponds to EIR Mitigation Measure 17).
17. Prior to commencement of construction activities, the protected zone of any trees
or groups of trees to be retained shall be fenced to prevent injury to the trees
during construction. Soil compaction, parking of vehicles or heavy equipment,
stockpiling of construction materials, and/or dumping of materials shall not be
allowed within the protected zone. The fencing shall remain in place until all
construction activities are complete (corresponds to EIR Mitigation Measure 19).
18. Project proponents shall submit a soils investigation prepared by a qualified soils
engineer for future development on the project site. The recommendation of the
soils investigation shall be incorporated into final building plans, subject to the
review and approval by the Gilroy Engineering Division prior to approval of any
building permits (corresponds to EIR Mitigation Measure 20).
19. The project applicant shall design all structures in accordance with the Uniform
Building Code for seismic design. In addition, all recommendations in the
geotechnical reports prepared for the project shall be implemented. Structural
design is subject to the review and approval by the Gilroy BLES Division prior to
the issuance of building permits (corresponds to EIR Mitigation Measure 21).
20. Each tentative map shall include a detention pond or ponds to collect storm water
in the case of 2-, 10-, 25-, and 100-year peak storm events. Detention ponds
shall be designed according to the recommendations presented in the Hydrologic
Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the
following (corresponds to EIR Mitigation Measure 23):
a. The pond(s) should be located to collect the storm water runoff from the
project site and discharge to the existing drainage corridors and/or the
existing outfalls tributary to Uvas Creek.
b. Any discharge from the pond(s) should release a maximum of storm water
runoff for pre -project conditions (see tables 18 and 19 in the Draft EIR).
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C. The pond(s) should be sized a total of approximately 8.9 acre-feet to
provide for appropriate storm water quantities and filter pollutants for the
purpose of water quality.
d. The pond(s) shall not replace any proposed preserved open space at the
project site, that was assumed to provide flood control and water quality
benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003).
21. The project applicant for any proposed development on the project site, shall, for
each phase of the development, submit a Notice of Intent (NO]) and detailed
engineering designs to the Central Coast RWQCB. The associated permit shall
require development and implementation of a SWPPP that uses storm water
"Best Management Practices" to control runoff, erosion and sedimentation from
the site. The SWPPP must include Best Management Practices that address
source reduction and, if necessary, shall include practices that require treatment.
The SWPPP shall be submitted to the City of Gilroy Engineering Division for
review and approval prior to approval of a building permit for each phase of the
project (corresponds to EIR Mitigation Measure 24).
22. The project applicant shall submit plans for review by, and obtain an approved
permit from the Santa Clara Valley Water District for any work that requires a
permit from the water district (corresponds to EIR Mitigation Measure 25).
23. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post -
construction storm water management plan, subject to the review and approval
of the Gilroy Engineering Division prior to the approval of final improvement
plans, that shall include structural and non-structural best management practices
(BMPs) for the reduction of pollutants in storm water to the maximum extent
practicable (corresponds to EIR Mitigation Measure 26).
24. Prior to issuance of a grading permit for all areas within the Specific Plan area, the
following measures shall be incorporated into the project plans to mitigate
construction noise, subject to the review and approval of the City of Gilroy
Engineering Division (corresponds to EIR Mitigation Measure 28):
a. Construction shall be limited to weekdays between 7 AM and 7 PM and
Saturdays and holidays between 9 AM and 7 PM, with no construction on
Sundays;
b. All internal combustion engine -driven equipment shall be equipped with
mufflers that are in good condition and appropriate for the equipment; and
C. Stationary noise -generating equipment shall be located as far as possible
from sensitive receptors when sensitive receptors adjoin or are near a
construction project area.
25. Add an eastbound and a westbound left -turn lane on the Fitzgerald and Masten
approaches to the Monterey Road/Masten Avenue intersection, and change the
east -west signal phasing from split phasing to protected phasing (corresponds to
EIR Mitigation Measure 30).
This intersection is within the City of Gilroy's Transportation Master Plan and
therefore, impact fees are collected for improvements at this intersection.
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Therefore, implementation of this mitigation measure is the responsibility of the
project proponent, prior to issuance of the first building permit. Payment of the
Traffic Impact Fee shall satisfy this mitigation measure.
26. Prior to the first building occupancy in the third phase of the Glen Loma Ranch
Specific Plan development, signalize the Santa Teresa Boulevard/Fitzgerald
Avenue intersection and add eastbound and westbound left turn lanes
(corresponds to EIR Mitigation Measure 34).
The project proponent shall be responsible for paying for the design and
implementation of this mitigation measure, prior to the issuance of the first
building permit in Phase II.
Partial mitigation (installation of a signal) for this intersection has been
completed. The remaining improvements shall be deferred until the first
occupancy permit in Phase 3.
27. Due to the possibility that significant buried cultural resources might be found
during construction, the following language shall be included on any permits
issued for the project site, including, but not limited to building permits for future
development, subject to the review and approval of the Gilroy Planning Division
(corresponds to EIR Mitigation Measure 45):
If archaeological resources are discovered during construction, work shall be
halted within 50 meters (165 feet) of the find until a qualified professional
archaeologist can evaluate it. If the find is determined to be significant,
appropriate mitigation measures shall be formulated and implemented.
28. In the event of an accidental discovery or recognition of any human remains in
any location other than a dedicated cemetery, the City shall ensure that this
language is included in all permits in accordance with CEQA Guidelines section
15064.5(e), subject to the review and approval of the City of Gilroy Planning
Division (corresponds to EIR Mitigation Measure 46):
If human remains are found during construction there shall be no further
excavation or disturbance of the site or any nearby area reasonably suspected to
overlie adjacent human remains until the coroner of Santa Clara County is
contacted to determine that no investigation of the cause of death is required. If
the coroner determines the remains to be Native American the coroner shall
contact the Native American Heritage Commission within 24 hours. The Native
American Heritage Commission shall identify the person or persons it believes to
be the most likely descendent (MLD) from the deceased Native American. The
MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of, with
appropriate dignity, the human remains and associated grave goods as provided
in Public Resources Code Section 5097.98. The landowner or his authorized
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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.
29. Residential fire sprinklers shall be installed in all residences within the specific
plan area over 3,000 square feet, including single-family and multi -family town
homes or apartments, and residential clusters with more than 25 units that lack
secondary access. Residential fire sprinklers shall be installed prior to
occupancy. Prior to approval of future development projects within the specific
plan area, the City Fire Marshal may require that all residences have residential
fire sprinkler systems, regardless of conditions stated above, especially if streets
are narrow, buildings are closely spaced, emergency response time is not met,
there is inadequate fire flow, building are adjacent to natural areas, or other
conditions exist that could hinder the ability of the City of Gilroy Fire Department
to perform fire suppression acts in such case they would be needed. The
sprinklers shall be designed and installed in accordance with City of Gilroy Fire
Department policies (corresponds to EIR Mitigation Measure 50).
30. Prior to final map approval for the BMR site, the developer shall reduce the height
of the north boundary retaining wall to a maximum height of six (6) feet, in
accordance with "Conceptual North Boundary Retaining Wall Exhibit" dated
January 2018.
31. Prior to final map approval for the BMR site, the developer shall enter into a
maintenance agreement to maintain the north boundary wall, subject to review
and approval by the planning and engineering divisions.
ENGINEERING DIVISION CONDITIONS
32. GENERAL — Proposed Development shall comply with all terms and conditions
specified in the Development Agreement between City of Gilroy and Glen Loma
Ranch, Doc 19158828.
33. GENERAL - All improvements shall be designed and constructed in accordance
with the City of Gilroy Municipal Code and Standard Specifications and Details,
and is subject to all laws of the City of Gilroy by reference. Street improvements
and the design of all off -site storm drainage facilities, sewer and water lines, and
all street sections shall be in accordance with City Standards and shall follow the
most current City Master Plan for streets, as approved by the City of Gilroy's
Public Works Director/City Engineer.
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34. GENERAL - Until such time as the Improvements are accepted by City, Developer
shall be responsible for and bear the risk of loss to any of the Improvements
constructed or installed.
35. GENERAL - The applicant shall obtain all applicable permits from federal, state,
and local agencies as required to construct the proposed improvements. A copy
of these permits will be provided prior to building permits.
36. GENERAL - All existing utility poles on the property or property frontage shall be
removed, and all utilities placed underground. No new poles are allowed.
37. GENERAL - 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.
38. GENERAL - Prior to any work within public right of way or City easement, the
developer shall obtain an encroachment permit from the City.
39. GENERAL — Prior to building permit issuance, developer shall dedicate necessary
easements for the project development, including but not limited to 16-foot Public
Service easement along all the project frontages within existing and future public
streets. The private streets shall be designated as a Public Utility Easement
(PUE), Water Line Easement (WLE), and Emergency Vehicle Access Easement
(EVAE).
40. GENERAL - The developer shall submit an AutoCAD drawing file of all
consultants composite basemap linework showing all public improvements and
utility layouts.
41. GENERAL - The approved construction schedule shall be shared with Gilroy
Unified School District (GUSD) to avoid traffic impacts to surrounding school
functions. An approved construction information handout(s) shall also be
provided to GUSD to share with school parents.
42. FEE - The project is subject to the City's Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree
and Storm Development Impact Fees is required at first building permit issuance.
Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due
prior to building occupancy. Note that there will be a fee increase beginning
7/1 /2018.
43. FEE - At improvement plan submittal, Developer shall submit an estimate of the
probable cost of improvements and shall pay 40% of the plan check and
inspection fees.
44. FEE - Prior to improvement plan approval, Developer shall pay the remaining 60%
of the plan check and inspection fees and other related fees that the property is
subject to, enter into a property improvement agreement, and provide payment
and performance bonds.
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45. GRADING & DRAINAGE - Prior to final map approval, the developer shall submit
a grading plan and a drainage study prepared by a registered Civil Engineer. The
drainage study shall analyze the existing and ultimate conditions and facilities,
and the study shall include all off -site tributary areas. The study and the design
shall be in compliance with the City's Stormwater Management Guidance Manual
(latest edition). Existing offsite drainage patterns, i.e., tributary areas, drainage
amount and velocity shall not be altered by the development. The developer
shall satisfy the conclusions and recommendations of the approved drainage
study and storm water management plan.
46. GRADING & DRAINAGE - All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) requirements. If all or part of the
construction occurs during the rainy season, the developer shall submit an
Erosion Control Plan to the Public Works Director for review and approval. This
plan shall incorporate erosion control devices and other techniques in
accordance with Municipal Code § 27C to minimize erosion. The developer shall
have a QSP on site as necessary to ensure implementation and maintenance of
all erosion control measures. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination sediment
runoff, construction pollution and other potential construction contamination shall
be addressed through the Erosion Control Plan and Storm Water Pollution
Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control
Plan and project improvement plans. These documents shall also be kept on -site
while the project is under construction. A Notice of Intent (NOI) shall be filed with
the State Water Resources Control Board, with a copy provided to the
Engineering Division before a grading permit will be issued. WDID# shall be
provided prior to the commencement or work.
47. GRADING & DRAINAGE - All grading operations and soil compaction activities
shall be per the approved project's geotechnical report that was prepared for the
design of the project and shall be subject to the approval of the Public Works
Director. Site preparation and cut/fill construction shall be conducted under the
observation of, and tested by, a licensed soils or geotechnical engineer. A report
shall be filed with the City of Gilroy for each phase of construction, stating that all
site preparation and cut/fill construction were performed in conformance with the
requirements of the project's geotechnical report. This shall be subject to review
and approval by the Engineering Division. The developer shall add this condition
to the general notes on the grading plan.
48. GRADING & DRAINAGE - Prior to building permit issuance, the applicant's soils
engineer shall review the final grading and drainage plans to ensure that designs
for foundations, retaining walls, site grading, and site drainage are in accordance
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with their recommendations and the peer review comments. The applicant's soils
engineer's approval shall then be conveyed to the City either by letter or by
signing the plans.
49. TRANSPORTATION - Any work in the public right-of-way shall require a traffic
control plan prepared by a licensed professional engineer with experience in
preparing such plans. Traffic Control Plan shall be prepared in accordance with
the requirements of the latest edition of the California Manual on Uniform Traffic
Control Devices. The Traffic Control Plan shall be approved prior to the
commencement of any work within the public right of way.
50. TRANSPORTATION - The Project shall comply with all the traffic mitigation
measures identified in the project's Traffic Study.
51. TRANSPORTATION -Developer shall submit final photometric plans prior to first
building permit issuance.
52. TRANSPORTATION - Developer shall install all joint trench to have (4) dedicated
1112,, SCH 80 PVC conduit for City Fiber Optic need in a quad duct arrangement
along public Collector and Arterial streets. Quad duct shall be per City STD EL-
11.
53. TRANSPORTATION - Developer shall install all street light conduits as 2" SCH40
PVC per City Standard EL-1 and related pull boxes shall follow City Standard EL-
14.
54. TRANSPORTATION - Final streetlight locations shall be to the satisfaction of the
City Transportation Engineer and shall follow City standards.
55. TRANSPORTATION - Developer shall design driveway grades 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 at improvement plan phase and shall be to the
satisfaction of the City Transportation Engineer.
56. FINAL MAP - The Final Tract 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 Final Map is deemed technically correct, and Subdivision
Improvement Plans with supporting documents, reports and agreements are
approved by the City. Executed Final Map shall be returned to the City Public
Works Department if Final Map has not been filed in the County Recorder's
Office within ninety (90) days from the date of City Council's approval.
57. MILLER AVE — Upon completion of new Miller Ave and/or W. 10th Street the City
shall vacate the corresponding portions of existing Miller Avenue and all the
related easements. Such construction and vacation may be completed in
phases. Prior to tract acceptance, the developer will be responsible for the
Resolution No. 2018-03
Page 14
removal of all existing utilities within the portion of existing Miller Ave to be
vacated, such removal may be completed in phases.
58. PUBLIC IMPROVEMENTS - Prior to building permit issuance for a phase of
development within this tentative map, the developer shall obtain improvement
plan approval and bond for the portion of public improvements shown on this
tentative map that are necessary to serve the phase being developed.
59. PUBLIC IMPROVEMENTS — Prior to building permit issuance, developer shall
execute a public improvement agreement and post Payment and Performance
bonds each for 100% of cost for improvement with the City that shall secure the
construction of the public improvements. Insurance shall be provided per the
terms of the agreement.
60. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing
improvements not designated for removal that are damaged or removed because
of developer's operations. Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify
existing conditions.
61. PUBLIC IMPROVEMENTS — The developer shall slurry all new public streets
prior to project acceptance. A slurry may not be necessary with approval of the
City Engineer, if after a final inspection the condition of the street is free of any
surface defects.
62. WATER QUALITY — Proposed development shall comply with state mandated
regional permits for both pre -construction and post -construction stormwater
quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject
to, but not limited to, the following:
a. At grading permit phase, submit a final design Stormwater Management
Plan and final signed Performance Requirement Certifications specified in
the City of Gilroy Stormwater Management Guidance Manual (latest
edition).
b. At improvement plan phase, confirm that the bioretention basin locations
shown on the Stormwater Control Plan match with the locations shown on
the Landscape Plans.
c. Prior to building permit issuance, the Developer of the site shall enter into
a formal written Stormwater BMP Operation and Maintenance Agreement
with the City.
i. The City shall record this agreement against the property or properties
involved and it shall be binding on all subsequent owners of land
served by the stormwater management treatment BMPs. The City -
standard Stormwater BMP Operation and Maintenance Agreement will
be provided by Public Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP
maintenance activities not alter the designed function of the facility
Resolution No. 2018-03
Page 15
from its original design unless approved by the City prior to the
commencement of the proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance
or repair is neglected, or the stormwater management facility becomes
a danger to public health or safety, the city shall have the authority to
perform maintenance and/or repair work and to recover the costs from
the owner.
iv. All on -site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired/replaced by the
property owner(s) or other legal entity approved by the City.
v. Any repairs or restoration/replacement and maintenance shall be in
accordance with City -approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the
life of any stormwater management facility and shall describe the
maintenance to be completed, the time period for completion, and who
shall perform the maintenance. This maintenance schedule shall be
included with the approved Stormwater Runoff Management Plan.
d. Stormwater BMP Inspections will be required for this project and shall
adhere to the following:
i. The property owner(s) shall be responsible for having all stormwater
management facilities inspected for condition and function by a
knowledgeable third party.
ii. Unless otherwise required by the City Engineer or designee,
stormwater facility inspections shall be done at least twice per year,
once in Fall, in preparation for the wet season, and once in
Winter. Written records shall be kept of all inspections and shall
include, at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re -inspection.
e. 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 151h of the following year for the
Winter report.
f. Before commencing any grading or construction activities, the developer
shall obtain a National Pollutant Discharge Elimination System (NPDES)
permit and provide evidence of filing of a Notice of Intent (NOI) with the
State Water Resources Control Board.
63. WATER QUALITY - The developer is responsible for ensuring that all contractors
are aware of all storm water quality measures and implement such measures.
Resolution No. 2018-03
Page 16
Failure to comply with the approved construction BMPs will result in the issuance
of correction notices, citations or a project stop order.
64. UTILITIES - All service to the development shall be an "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 prior to installation.
65. UTILITIES - Improvement plans are required for all on -site and off -site
improvements. The following items will need to be completed prior to first
building permit submittal:
a. The Developer shall provide joint trench composite plans for the
underground electrical, gas, telephone, cable television, and
communication conduits and cables including the size, location and details
of all trenches, locations of building utility service stubs and meters and
placements or arrangements of junction structures as a part of the
Improvement Plan submittals for the project. Show preferred and
alternative locations for all utility vaults and boxes if project has not
obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign
the composite drawings and/or utility improvement plans. (All dry utilities
shall be placed underground).
b. The Developer shall negotiate right-of-way with Pacific Gas and Electric
and other utilities subject to the review and approval by the Engineering
Division and the utility companies.
c. Will Serve Letter" from each utility company for the subdivision shall be
supplied to the City.
66. UTILITIES - A note shall be placed on the joint trench composite plans which
states that the plan agrees with City Codes and Standards and that no
underground utility conflict exists. The Joint consultant shall provide the City a
separate "project utility composite plan" showing all Civil, Landscape, electrical,
and joint trench information to confirm that there are no conflicts with joint trench
plan utilities.
67. UTILITIES - Storm and sewer lines in private areas shall be privately owned and
maintained by the HOA, unless approved by the Public Works Director.
68. Prior to any construction of the dry utilities in the field, the following will need to be
supplied to the City:
i. A professional engineer- original electrical plan.
ii. A letter from the design Electrical or Civil Engineer that states the
electrical plan conforms to City codes and Standards, and to the
approved subdivision improvement plans.
Resolution No. 2018-03
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69. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways
shall have traffic rated boxes and lids.
70. UTILTIES - The Developer/Contractor shall make accessible any or all City
utilities as directed by the Public Works Director.
71. UTILTIES - All mainline storm drain piping shall have a minimum diameter of 18
inches and the lateral connections shall have a minimum diameter of 15 inches.
72. UTILTIES - The Developer/Applicant shall obtain a SCVWD permit for any new
recycled water mains connected to the existing Gilroy Water Reclamation Facility
system.
73. UTILTIES — All recycled water system improvements, including appurtenances,
shall be located within a PSE.
74. 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.
75. WATER - All construction water from fire hydrants shall be metered and billed at
the current hydrant meter rate.
76. WATER CONSERVATION - Recycled water shall be used for construction water,
where available, as determined by the Public Works Director. Recycled water
shall be billed at the municipal industrial rate based on the current Santa Clara
Valley Water District's municipal industrial rate.
77. WATER - Where recycled water is not available, as determined by the Public
Works Director, potable water shall be used. All City potable water will be billed
based on the City's comprehensive fee schedule under the Portable Fire hydrant
meter rate.
78. WATER - The Developer shall perform field verification testing of the water
system and will modify any part of the systems that does not perform to the
standards established by the City.
79. CONSTRUCTION BMP - It is the responsibility of the contractor to make sure that
all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud,
silt, concrete and other construction debris shall not be washed into the City's
storm drains.
80. CONSTRUCTION BMP - Blowing dust shall be reduced by timing construction
activities so that paving and building construction begin as soon as possible after
completion of grading, and by landscaping disturbed soils as soon as possible.
Further, water trucks shall be present and in use at the construction site. All
portions of the site subject to blowing dust shall be watered as often as deemed
Resolution No. 2018-03
Page 18
necessary by the City, or a minimum of three times daily, or apply (non -toxic) soil
stabilizers on all unpaved access roads, parking areas, and staging areas at
construction sites in order to insure proper control of blowing dust for the duration
of the project. Watering on public streets shall not occur. Streets will be cleaned
by street sweepers or by hand as often as deemed necessary by the Public
Works Director, or at least once a day. Watering associated with on -site
construction activity shall take place between the hours of 8 a.m. and 5 p.m. and
shall include at least one late -afternoon watering to minimize the effects of
blowing dust. All public streets soiled or littered due to this construction activity
shall be cleaned and swept on a daily basis during the workweek to the
satisfaction of the Public Works Director. Demolition or earthwork activities shall
be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks
hauling soil, sand, or other loose debris shall be covered.
81. GENERAL CONSTRUCTION - If the project has excess fill or cut that will be off -
hauled to a site or on -hauled from a site within the city limits of Gilroy, an
additional permit is required. This statement must be added as a general note to
the Grading and Drainage Plan.
82. GENERAL CONSTRUCTION - The minimum soils sampling and testing
frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The
subdivider shall require the soils engineer to daily submit all testing and sampling
and reports to the City Engineer.
83. GENERAL CONSTRUCTION — Prior to Final Map approval, the
Developer/Applicant shall submit a proposed construction phasing and schedule
for approval by the City Engineer. Schedule format shall be Microsoft Prospect,
and shall identify the scheduled critical path for the installation of improvements.
The schedule shall be updated weekly.
84. GENERAL CONSTRUCTION - At least one week prior to commencement of
work, the Developer shall post at the site and mail to the Engineering Division
and to owners of property within (300') three hundred feet of the exterior
boundary of the project site a notice that construction work will commence on or
around the stated date. The notice shall include a list of contact persons with
name, title, phone number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be current at all times and
shall consist of persons with authority to initiate corrective action in their area of
responsibility. The names of individuals responsible for dust, noise and litter
control shall be expressly identified in the notice.
85. GENERAL CONSTRUCTION - Prior to final inspections, all pertinent conditions of
approval and all improvements shall be completed to the satisfaction of the
Planning Director and City Engineer.
Resolution No. 2018-03
Page 19
86. GENERAL CONSTRUCTION - All work shown on the improvement plans shall be
inspected. Uninspected work shall be removed as deemed appropriate by the
Public Works Director.
87. GENERAL CONSTRUCTION - All public improvements, including the complete
installation of all improvements relative to streets, fencing, sanitary sewer, storm
drainage, water system, underground utilities, etc., shall be completed and
attested to by the City Engineer before approval of occupancy of any unit.
Where facilities of other agencies are involved, such installation shall be verified
as having been completed and accepted by those agencies.
88. GENERAL CONSTRUCTION - Construction activity shall be restricted to the
period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00
a.m. to 7:00 p.m. for general construction activity. No work shall be done on
Sundays and City Holidays. The Public Works Director may apply additional
construction period restrictions, as necessary, to accommodate standard
commute traffic along arterial roadways and along school commute routes.
89. GENERAL CONSTRUCTION - The City shall be notified at least two (2) working
days prior to the start of any construction work and at that time the contractor
shall provide a project schedule and a 24-hour emergency telephone number list.
90. CONSTRUCTION PARKING - No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park
on the portion of a street which abuts property in a residential zone without prior
approval from the Public Works Director (§ 15.40.070).
91. MONUMENTS —All monuments shall be set per the recorded final map. A
certificate letter by the Surveyor or Engineer will be provided to the City
Engineer.
92. ACCEPTANCE - Certification of grades and compaction is required prior to
Building Permit final. This statement must be added as a general note to the
Grading and Drainage Plan. .
93. ACCEPTANCE - Until such time as all improvements required are fully completed
and accepted by City, Developer will be responsible for the care maintenance of
and any damage to such improvements. City shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage,
regardless of cause, happening or occurring to the XA/ rk or Improvements
required for this project prior to the completion and acceptance of the work or
Improvements. All such risks shall be the responsibility of and are hereby
assumed by the Developer.
FIRE DEPARTMENT CONDITIONS
Resolution No. 2018-03
Page 20
The following conditions shall be shown or included on off -site improvement plans as
"Fire Department Notes." Prior to street completion, the Fire Marshal shall be contacted
and a fire clearance for off -site improvements shall be scheduled. No building permits
will be issued without a Fire —Off -Site Improvement Inspection and Fire Flow Test
administered by the Fire Marshal.
94. The applicant shall maintain Fire Department access during all phases of the
project.
95. The applicant shall maintain a minimum clear width for fire department access
roads of 20 feet (6,096 mm).
96. When parking is permitted on streets, in both residential/commercial applications,
it shall conform to the following:
a. Parking is permitted on both sides of the street with street widths of 36
feet or more.
b. Parking is permitted on one side of the street with street widths of 28 to
35 feet.
c. No parking is permitted when street widths are less than 28 feet.
97. The applicant shall maintain access to fire hydrants during all phases of the
project.
98. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure.
99. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any building.
100. Offsite improvement plans shall provide Fire Hydrants per the City Standard.
101. Hydrants or other water source shall be installed prior to commencement of
construction with combustible materials.
102. Fire Department access shall be phased in accordance with an approved
construction phasing plan.
PASSED AND ADOPTED this 1'� day of March 2018 by the following roll call vote:
AYES: Armendariz, Ashford, Estorga, Kim, Rodriguez, Scheel, Fischer
NOES:
ABSENT:
ATTEST:
Susan L. O'Strander, Secretary
APPROVED:
om Fische , C r ers