Resolution No. 2018-08 | Tentative Map (TM 18-01) Subdivision to allow 72 Single-Family Residential Lots in the Hecker Pass North Residential Cluster | Adopted 06/07/2018RESOLUTION NO. 2018-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 18-01, A
SUBDIVISION TO ALLOW 72 SINGLE-FAMILY RESIDENTIAL LOTS IN THE
HECKER PASS NORTH RESIDENTIAL CLUSTER, FILED BY HECKER
PASS NORTH LLC, C/O SKIP SPIERING, 8 NORTH SAN PEDRO, SAN
JOSE, CA 95110.
WHEREAS, Hecker Pass North LLC submitted an application requesting a
tentative map review to approve the subdivision design of the Hecker Pass North
Residential Cluster project; and
WHEREAS, the subject property is located on the parcel north of Hecker Pass
Highway and immediately east of the Gilroy Municipal Golf Course (APN 783-04-023);
and
WHEREAS, the planning commission of the city of Gilroy has considered the
tentative map request (TM 18-01), in accordance with the Gilroy Zoning Ordinance,
City's Subdivision and Land Development Code, the State Subdivision Map Act, and
other applicable standards and regulations; and
WHEREAS, an addendum to the certified Hecker Pass Specific Plan/South
Valley Community Church El has been prepared for this project; and
WHEREAS, the addendum analyzed the proposed development of the Hecker
Pass North Residential Cluster and determined the project would not create new
significant environmental effects, intensify previously identified effects or take place in a
context where new information is available that would alter conclusions in the Hecker
Pass Specific Plan/South Valley Community Church EIR concerning potential
environmental effects; and
WHEREAS, said tentative map was referred to various public utility companies,
City departments, including the Technical Advisory Committee for recommendations;
and
WHEREAS, the Planning Commission finds the tentative map conforms to the
City's General Plan and elements thereof, including the Hecker Pass Specific Plan; and
WHEREAS, in accordance with Government Code Section 66474, the Planning
Commission finds, after due study, deliberation and public hearing, the following
circumstances exist:
1. The proposed map is consistent with the applicable general and specific plans
(Hecker Pass Specific Plan) as specified in Government Code Section 65451.
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2. The design and improvements of the proposed subdivision is consistent with
applicable general and specific plans (Hecker Pass Specific Plan).
3. The site is physically suitable for the proposed type of development.
4. The site is physically suitable for the proposed density of development.
5. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat.
6. The design of the subdivision is not likely to cause serious public health problems.
7. The design of the subdivision and the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision.
WHEREAS, the Planning Commission finds that the applicant agrees with the
necessity of and accepts all elements, requirements, and conditions of this resolution as
being a reasonable manner of preserving, protecting, providing for, and fostering the
health, safety, and welfare of the citizenry in general and the persons who work, visit or
live in this subdivision in particular.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Gilroy hereby recommends to the City Council the approval of the tentative map
and adoption of the mitigation monitoring and reporting plan, subject to the following
conditions:
GENERAL PROJECT CONDITIONS
1. The Final Map shall comply with the Tentative Map prepared by Ruggeri- Jensen
-Azar, dated June 7, 2018 and stamped approved, except as modified by the City
Council' s approval of this application and the conditions of approval.
2. Approval of TM 18-01 is subject to the applicant receiving approval of zone
change application Z 18-01.
3. 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 City's Residential
Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred
to as 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. The project must also comply with any
condition of exemption granted from the RDO, including but not limited to time
limits in obtaining City approvals and completion of construction of the dwelling
units.
4. This permit is granted for the property described in the application on file with the
Planning Division, and may not be transferred from one property to another,
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unless a request is requested and granted by the Planning Manager, pursuant to
the City Code.
5. This permit is granted for approved plans ("the plans") on file with the Planning
Division. The project shall conform to the plans, except as otherwise specified in
these conditions. Any subsequent modification or deviation to the approved plans
shall be considered by the Planning Manager, may require separate discretionary
approval and shall conform to City Code requirements or policies adopted by City
Council.
6. Developer means permit applicant, property owner, and/or tenants using the
space(s) for the intended use(s). Compliance with project conditions is expected
for the life of the project.
7. Developer shall obtain building permits for the plans within one (1) year from the
date of this permit approval. If such buildings permits are not received within the
time frame, this permit shall automatically become null and void.
8. 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.
9. Failure to appeal this decision in a timely manner or commencement of any
activity related to the project is understood to clarify the Developer's acceptance
of all conditions and obligations imposed by this permit and waiving any challenge
to the validity of the conditions and obligations stated therein.
10. Developer shall complete all required off -site and on -site improvements related to
the project, including structures, paving, and landscaping, prior to occupancy
unless otherwise allowed by the Community Development Director.
11. Developer agrees, as a condition of adoption of this resolution, at Developer's
own expense, to defend, indemnify, and hold harmless the City of Gilroy and its
officers, contractors, consultants, attorneys, employees and agents from any and
all claim(s), action(s) or proceeding(s) brought against City or its officers,
contractors, consultants, attorneys, employees, or agents to challenge, attack, set
aside, void or annul the approval of this resolution or any condition attached
thereto or any proceedings, acts or determinations taken, including actions taken
under the California Environmental Quality Act of 1970, as amended, done or
made prior to the approval of such resolution that were part of the approval
process.
12. 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
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there is a conflict between the CC&Rs and the City Code or this permit, the City
Code shall prevail, with the exception that deviations from the City Code
specifically approved under this permit shall prevail.
13. Developer shall complete the "Notice of Land Use Restrictions and Conditions"
form, using the form provided by the City, for recording with the Santa Clara
County Recorder. Before the City issues building permits, Developer shall submit
the original completed, signed and notarized document, together with the required
fees to the Planning Manager.
PLANNING DIVISION SPECIAL CONDITIONS
14. The applicant shall be required to construct a traffic circle on Autumn Drive, in
between the intersections of Autumn Drive with Pasture Street and Haybale Street,
to provide an ingress/egress point to the Gilroy Municipal Golf Course. The location
and specifications of the traffic circle shall be to the satisfaction of the City of Gilroy
Public Works Director. The applicant shall also obtain any and all easements
and/or encroachments to accommodate development of the traffic circle, and prior
to approval of the Final Map, the applicant shall remit a payment of $100,000 to the
Gilroy Municipal Golf Course to mitigate any impacts to the functionality of the golf
course (i.e. hole/course reconfiguration to accommodate the new access driveway)
and the financial performance of the golf course (i.e. unrealized revenue due to
temporary closure of the course for construction of the traffic circle and related
improvements).
15. In addition to the details in the previous condition, the applicant shall also be
responsible for the following off -site improvements:
a. The existing driveway to Gilroy Municipal Golf Course from Hecker Pass
Highway shall be closed at the intersection with the Highway. The existing
asphalt paving shall be removed from in between the existing cart path to the
existing painted STOP bar. In its place shall be a landscaping treatment that
visually discourages drivers on the highway from turning, but does not prevent
the driveway from being used as an EVA for the subdivision. Said landscaping
treatment shall be to the satisfaction of the Public Works Director. Swing gates
shall be installed across the driveway, in -line with the existing chain link
fencing, and they shall include KNOX key access for police and fire use.
b. Wayfinding signage shall be installed to direct travelers to the new golf course
access on Autumn Drive. The signage shall be consistent with City of Gilroy
standards for such signage, and shall be placed as follows:
i. At locations approaching the traffic circle on Hecker Pass Highway
sufficient to provide adequate notice to east and westbound traffic
ii. At the intersection of Autumn Drive and Little Barn Avenue
c. A new welcome sign for the golf course and its amenities shall be installed
adjacent to the traffic circle on Autumn Drive, such that it is visible to traffic on
Autumn Drive.
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d. Golf course safety netting shall be installed along the eastern edge of the hole
in the southeast corner of the golf course (currently Hole 9). The netting shall
start approximately 125 feet north of the southern boundary of the golf course
and Hecker Pass Highway, and proceed northerly for approximately 380 feet
to the satisfaction of the golf course management. The HOA shall be
responsible for maintaining the safety netting.
In constructing these and other off -site improvements, the applicant agrees to
coordinate with the management at Gilroy Municipal Golf Course to schedule and
conduct activities to minimize impacts to the operations'of the golf course. The City
shall work with the management at the golf course to ensure the applicant has the
necessary access to construct these improvements.
16. Prior to approval of any Final Map for this project, Little Barn Avenue shall be
renamed to Little Barn Lane on all maps, plan sheets, construction drawings, etc.,
associated with this Tentative Map and the associated applications of Z 18-01 and
AS 18-03. This will ensure consistency with the previous determinations of the
Street Naming Committee.
17. Prior to the issuance of any demolition permits, a comprehensive lead based paint
survey shall be submitted to the City. If any lead based paint is identified, it shall be
removed from the site in accordance with all applicable regulations, including
California Division of Occupational Safety and Health (Cal/OSHA) Lead in
Construction Standard, as included in California Code of Regulations, Title 8,
Section 1532.1, during demolition activities. If lead paint is peeling, flaking or
blistered, it shall be removed prior to demolition. It is assumed that such paint will
become separated from the building components during demolition activities and
could become air -borne; therefore, it shall be managed and disposed as a separate
waste stream. Any debris or soil containing lead paint or coat shall be disposed at
landfills that are permitted to accept the waste being disposed.
18. The applicant 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 Planning
Division.
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;
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• Sweep daily (with water sweepers) all paved access roads, parking areas and
staging areas at construction sites;
• Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets;
• Hydroseed or apply (non -toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more);
• Enclose, cover, water twice daily or apply (non -toxic) soil binders to exposed
stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15 mph;
• Install sandbags or other erosion control measures to prevent silt runoff to
public roadways;
• Replant vegetation in disturbed areas;
• Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at
all exit points to dislodge and trap dirt from vehicle tires;
• 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.
19. In order to prevent the spread of invasive non-native species, the project proponent
shall prepare and implement a landscaping and re -vegetation plan to include the
following requirements:
• An eradication plan for plants listed on the Invasive Plant Inventory (Cal-IPC
2006) currently growing on the project site to be implemented during the
grading phases of the project in those areas subject to grading work (excluding
the Uvas Creek corridor, where the SCVWD implements their own weed
eradication program);
• Use of plants listed on the Invasive Plant Inventory (Cal-IPC 2006) shall be
prohibited; .
• Exposed soil areas shall be planted, mulched, or covered between October 15
and the following April 15 each year;
• Plant materials used in landscaping, erosion control, or habitat restoration shall
consist of plants that are included in an appropriate native California plants as
identified by a qualified biologist or landscape architect;
• Information regarding the removal of invasive species and landscaping plant
preferences shall be distributed to each homeowner prior to occupancy;
• To prevent erosion and conserve water during construction, bare soil between
newly installed plant materials shall be mulched, covered with jute netting, or
seeded with a mix of seeds best suited for the climate and soil conditions, and
native to the Santa Clara County region; and
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Lots graded but left vacant pending sale and construction of a house and
landscaping shall be monitored for invasive plants. If deemed necessary, bare
soils should be covered, seeded, or invasive species actively removed.
Y The landscape and revegetation plan shall be included in the final improvement
plans, subject to review and approval by the Planning Division, prior to approval
of the final improvement plans.
20. Pre -construction surveys for nesting raptors will be conducted by a qualified
biologist if construction is to occur during the nesting season (April 15 — August 1)
to reduce impacts to a less than significant level. If raptor nests are located during
pre -construction surveys, a qualified biologist shall establish a 300-foot buffer
around each nest for the duration of the breeding season (until such time as the
young are fully fledged) to prevent nest harassment and brood mortality. work may
proceed prior to August 1 only if a qualified biologist conducts nest checks and
establishes that the young are fully fledged. Every effort will be made to avoid
removal or impact to known raptor nests within project boundaries. If trees known
to support raptor nests cannot be avoided, removal of these trees will only occur
during the non -breeding season to reduce impacts to a less than significant level.
This mitigation measure is subject to the review and approval of the Planning
Division. A report documenting survey results shall be subject to review and
approval by the Planning Division, prior to issuance of a building permit.
21. Pre -construction surveys for roosting bats will be performed no more than 30 days
prior to construction. If roosts are found, a Memorandum of Understanding (MOU)
with the CDFG will be obtained by the contractor in order to remove bat species.
Alternatively, the construction schedule -will be modified to initiate construction after
August 1, within the specified exclusion zone, when young have fledged. If bats are
found, a suitable construction exclusion zone shall be established based on the
number and species of bats observed. Alternative habitat will need to be provided if
bats are to be excluded from maternity roosts. If this is the case, a roost with
comparable spatial and thermal characteristics will be constructed and provided.
CDFG shall be consulted regarding specific designs. This mitigation measure is
subject to the review and approval of the Planning Division. A report documenting
survey results shall be subject to review and approval by the Planning Division,
prior to issuance of a building permit.
22. Prior to construction, a qualified arborist shall complete an inventory and
assessment of any trees proposed for removal and/or trees that may be impacted
by disturbance. Included in this survey will be recommendations for the following:
a. Avoidance of tree removal whenever possible;
b. Transplanting of trees if possible; and
c. Recommendations for replacement planting areas, replacement ratio, and
monitoring after replanting.
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Project developers shall implement the recommendations in the arborist report.
To compensate for the loss of protected trees, any protected tree(s) that are
removed shall be replaced. The typical ratio of replacement is 3:1; however the
arborist may make recommendations regarding the ratio based on the results of
the tree assessment and planting plan and depending on size and health of the
trees. Replacement locations should focus on areas within the specific plan
boundary.
This mitigation measure is subject to the review and approval of the Planning
Division.
23. In order to protect oak trees on the project site from inadvertent damage by
construction equipment during grading and construction activities, native trees that
are to be retained and are located within or adjacent to the construction zone shall
be identified in grading plans, and the following protective methods employed
during construction.
a. For trees under 12 inches in diameter, wrap trunks with protective materials;
b. For trees 12 inches in diameter or greater, install protective fencing 0.5- to
0.75-feet from the trunk per inch trunk diameter; work within the protected
area shall be overseen by a qualified arborist of biologist;
c. Bridge or tunnel under roots greater than four inches in diameter where
exposed. Smaller roots shall be cut by manually digging a trench and cutting
exposed roots with a saw, vibrating knife, rock saw, narrow trencher with
sharp blades, or other approved root -pruning equipment. Any roots damaged
during grading or excavation shall be exposed to sound tissue and cut cleanly;
and
d. Avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of
construction materials, and/or dumping of materials under dripline of trees.
24. In the event of an accidental discovery or recognition of any human remains in any
location other than a dedicated cemetery, the City shall ensure that the language is
included in all permits in accordance with CEQA Guidelines section 15064.5(e),
subject to the review and approval of the City of Gilroy Planning Division.
If human remains are found during construction there shall be no further excavation
or disturbance of the site or any nearby area reasonably suspected to overlie
adjacent human remains until the coroner of Santa Clara County is contacted to
determine that no investigation of the cause of death is required. If the coroner
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
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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.
25. Prior to development of any property within the specific plan area, a Phase 1
Environmental Site Assessment shall be prepared in accordance with ASTM
Standard(s) to identify whether past or existing uses of the project property may
have adversely affected soil or groundwater, or would otherwise pose a health
hazard during site development or habitation. If the Phase I assessment finds that
past uses may have contaminated the site, a Phase 2 Site Assessment shall be
prepared. If contamination is present, clean up and disposal of such contamination
shall be in compliance with federal, state and local regulations governing the
cleanup and disposal of hazardous waste. Results of the Phase 1 and, if needed,
the Phase 2 assessment and cleanup shall be presented to and approved by the
City of Gilroy Engineering Division prior to issuance of a Building Permit.
26. The project proponent shall participate in the city's traffic impact fee program in
order to mitigate its incremental impacts on the circulation system. Fees shall be
paid prior to approval of issuance of building permits.
27. All other mitigation measures contained in the Hecker Pass Specific Plan
Environmental Impact Report, as previously amended, shall apply as appropriate.
28. Prior to issuance of grading or building permits or improvement plans, whichever
occurs first, Developer shall work with Planning staff to accommodate additional
parking for the neighborhood park located along Meadow Wood Court, if feasible.
The Planning Commission identified the topography of the neighborhood as a
potential deterrent to walkability, thus prompting the need for parking spaces that
would not otherwise be required for this type of facility.
29. Prior to the 37th final building permit signoff, Developer shall have all park
improvements completed for the neighborhood park, located along Meadow Wood
Court.
PUBLIC WORKS DEPARTMENT CONDITIONS
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30. GENERAL — Proposed Development shall comply with all terms and conditions
specified in the Development Agreement between City of Gilroy and Hecker Pass
Development Area.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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).
36. 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.
37. FEE - At improvement plan submittal, Developer shall submit a $25,000 (Twenty
Five Thousand) initial fee for plan check and processing.
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38. Prior to plan approval, developer shall submit a detailed project cost estimate,
subject to City Engineer approval.
39. FEE - Prior to First Building Permit issuance developer shall pay for all following
City's development impact fees, Street Tree, Storm, Sewer, Water, Traffic, and
Public Facilities Development Impact Fees.. Note that there will be a fee increase
beginning 7/1 /2018.
40. 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.
41. 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. WD1D# shall be provided prior to the commencement or work.
42. 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
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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.
43. 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
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.
44. 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.
45. TRANSPORTATION - The Project shall comply with all the traffic mitigation
measures identified in the project's Traffic Study.
46. At first plan submittal, developer shall provide a circulation plan to the City
Engineer's satisfaction, for emergency vehicles and solid waste collection vehicles
with turning templates and showing truck turning movements.
47. TRANSPORTATION - Developer shall submit final photometric plans prior to first
building permit issuance.
48. TRANSPORTATION - Developer shall install all joint trench to have (4) dedicated
11/2" 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.
49. 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.
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50. TRANSPORTATION - Final streetlight locations shall be to the satisfaction of the
City Transportation Engineer and shall follow City standards.
51. 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.
52. FINAL MAP — Prior to the final map recordation, developer shall obtain easements
from the adjacent Country Estates project and Golf Course, for the construction of
the proposed water lines.
53. 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.
54. 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.
55. 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.
56. PUBLIC IMPROVEMENTS — The developer shall obtain all local and state permits
necessary for all project onsite and offsite construction.
57. 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
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Engineer, if after a final inspection the condition of the street is free of any surface
defects.
58. PUBLIC IMPROVEMENTS -Prior to any work within public right of way or City
easement, the developer shall obtain an encroachment permit from the City.
59. WATER QUALITY -- Proposed development shall comply with state mandated
regional permits for both pre -construction and post -construction storm water 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 storm water management treatment BMPs. The City -standard
Stormwater BMP Operation and Maintenance Agreement will be provided
by Public Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP
maintenance activities not alter the designed function of the facility from its
original design unless approved by the City prior to the commencement of
the proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance or
repair is neglected, or the storm water 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 storm water 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 storm water 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.
Resolution No. 2018-08
Page 15
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 storm water
management facilities inspected for condition and function by a
knowledgeable third party.
ii. Unless otherwise required by the City Engineer or designee, storm water
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 storm water facilities inspected;
5. Condition of each storm water 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 1 st for the Fall report, and
no later than March 15 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.
60. WATER QUALITY - 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.
61. 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.
62. 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
Resolution No. 2018-08
Page 16
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.
63. 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.
64. UTILITIES - Storm and sewer lines in private areas shall be privately owned and
maintained by the HOA, unless approved by the Public Works Director.
65. 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.
66. UTILITIES -Sanitary sewer laterals and/or water meters located in driveways shall
have traffic rated boxes and lids.
67. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities
as directed by the Public Works Director.
68. 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.
69. 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
Resolution No. 2018-08
Page 17
requirements imposed by the State of California's Water Board. This ordinance
established permanent voluntary water saving measures and temporary
conservation standards.
70. WATER - All construction water from fire hydrants shall be metered and billed at
the current hydrant meter rate.
71. 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.
72. 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.
73. 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.
74. 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.
75. 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
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
Resolution No. 2018-08
Page 18
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.
76. 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.
77. 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.
78. 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 Project, and shall identify the
scheduled critical path for the installation of improvements. The schedule shall be
updated weekly.
79. 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.
80. 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. 2018-08
Page 19
81. CONSTRUCTION - All work shown on the improvement plans shall be inspected.
Uninspected work shall be removed as deemed appropriate by the Public Works
Director.
82. 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.
83. 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.
84. 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.
85. 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).
86. 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
prior to project acceptance.
87. 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.
88. 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,
Resolution No. 2018-08
Page 20
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 Developer.
89. ACCEPTANCE - The developer shall submit an AutoCAD drawing file of all as -built
consultants composite basemap linework showing all public improvements and utility
layouts.
FIRE MARSHAL CONDITIONS
90. A Fire -Site improvement Inspection Card shall be obtained at Grading Permit. The
Fire Site improvement Inspection card will be used for Fire Inspection of Fire
Access Compliance, Fire Water Supply Compliance and Fire Marshal Acceptance
of the Improvement Plans.
91. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure.
Street Hydrants shall be spaced every 300 feet and within 150 feet of any building.
Off -site improvement plan shall provide fire hydrants per the City Standard.
Hydrants shall be installed prior to commencement of construction with combustible
materials.
92. Homes in the Wildland-Urban Interface (WUI) shall be provided with 2 inch water
laterals and 2" meters unless a water service plan is filed prior to improvement plan
submittal that shows that a NFPA 13D fire sprinkler system can be provided, to the
size and configuration, of the maximum sized home and most remote home in the
development using the standard 1.5 inch lateral and 1 inch meter used in non- WUI
areas. The water service plan will be reviewed and confirmed by the City's water
engineering firm and at the expense of the developer.
93. Homes in the WUI shall be provided with a 100 ft fuels reduction zone from the
nearest portion of the home, including patio covers. The fuels reduction zone can
include areas on the home's parcel, streets, and open space areas maintained by
the HOA. Fuels reduction zones cannot be on property not controlled by the HOA
unless there is an access easement on adjacent lands and recorded on the deed of
the adjacent land. Fuels reduction shall be maintained from May to November of
each year. Fuels reduction zones include that grasses shall not exceed 8 inches in
height, all scrub brush and dead trees removed and trees limbed up 6 ft off the
ground unless the branches are major branches. Exception: The fuels reduction
zone can be decreased in width upon approval by the Fire Marshal of a plan
provided by a Wildland Vegetation Management Specialist and prepared at the
cost of the Developer. The fuel reduction zone shall not be less than 30 ft. The
improvement plans shall include the fuels reduction zone and management plan.
Resolution No. 2018-08
Page 21
94. Fire Access Roadways shall be in conformance with Chapter 5 of the Gilroy Fire
Code. A Fire Access Roadways shall provide fire apparatus access within 150 ft of
the most remote part of a building. The Fire Marshal shall be called to inspect Fire
Access Roadways prior to combustible construction. Where permanent roadways
are not completed, a temporary roadway, approved by the Fire Chief may be
allowed during construction. Tentative Maps shall provide the turning movements
of the largest Gilroy Fire Department Apparatus when roadways are less than 36 ft
in width. Obtain the apparatus dimensions from the Fire Marshal's office.
95. The existing driveway from Hecker Pass Highway to Gilroy Municipal Golf Course
shall be maintained as an Emergency Vehicle Access (EVA) road for the
development. It shall be secured by an approved method such as gates or bollards
that prevents tampering. The gate or bollards shall be exercised at least annually
and a report submitted to the Fire Department that it is functional. Secondary
Access that only serves as an EVA shall meet the City standards as a street except
curb and gutter are not required. The City Engineering Division shall review and
approve the details construction and driveways for EVA. WUI EVA's shall not be
turf block or DG. Please show secondary access details on future plans.
96. No gates have been proposed for this project. If future plans indicate the
installation of gates, then please meet the following conditions: Gated
Developments shall be provided with electronic opener equipped with a click to
open, electronic opening system, compatible with the Fire/Police radios as well as
KNOX key over ride for both Fire and Police access. Gates shall open the full width
of the roadway.
97. Roadways shall not exceed 15 % grade, shall provide a minimum 20 feet of
unobstructed travel and provide vertical clearance of not less than 13.5 ft. Turning
radius shall not be less than a 40' outside radius. Fire Apparatus shall not be
required to cross to the opposite side of a street as part of a turn and sharp turns
may require a "bulb out". Dead end streets in excess of 150 ft shall be provided
with a cul-de-sac of 78'diameter. Exception: An alternative turn around
configuration can be submitted using auto -turn to showing that the largest City of
Gilroy Apparatus can make the turn in 3 or fewer movements. Cul de sacs or turn-
arounds shall be red curbed and provided with No Parking Fire Lane signage. The
inside and outside radius of roadway turns and curves shall be red curbed to allow
for Fire Apparatus movement through the turn. This includes red curbing at
intersections when streets are less than 36 ft in width, or unless auto -turn can show
the apparatus making the turn with parking present at/in the turn. Road widths shall
be signed and striped for no parking as follows:.
i. Less than 28 ft., no parking on either side
ii. Less than 36 ft,. no parking on one side.
98. Where parking is restricted, it shall be posted with signs for No Parking -Fire Lane
and curbs shall be painted red. Signage and curb painting shall be maintained in
Resolution No. 2018-08
Page 22
good condition. The parking enforcement plan shall be reviewed and approved by
Deputy Fire Marshal prior to the final inspection of the first unit built.
99. Street naming and addressing shall be done prior to TM approval. Street names
shall be based on the current street naming policy. Addresses shall be assigned by
the Engineering Division prior to improvement plan and building permit submittal.
Street signage shall be installed prior to any on -site improvements (foundations or
buildings) has begun.
100. Open Spaces, including storm water detention/retention basins, agricultural lots,
landscaped and naturally vegetated areas shall have vegetation management to
remove dead plants and debris, and to remove, disc or mow weeds during weed
abatement season from May to November of each year. The HOA shall be
responsible for maintenance. Open spaces in the WUI are subject to the prohibited
plants list approved by the Fire Marshal. Existing prohibited plants shall be
eliminated prior to development. Landscape plans shall be reviewed by the Fire
Marshal.
PASSED AND ADOPTED this 7Ih Day of June 2018 by the following roll call vote:
AYES: Scheel, Ashford, Armendariz, Estorga, Fischer
RECUSED: Kim
►[93=1
ABSENT: Rodriguez
ATTEST:
Susan L. O'Strander, Secretary