Resolution No. 2018-09 | Architectural and Site Review (AS 18-03) to allow construction of 72 Unit Hecker Pass North Residential Cluster Project | Adopted 06/07/2018RESOLUTION NO. 2018-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF ARCHITECTURAL AND SITE
REVIEW AS 18-03, A PLANNED UNIT DEVELOPMENT ARCHITECTURAL
AND SITE REVIEW TO ALLOW CONSTRUCTION OF THE 72 UNIT
HECKER PASS NORTH RESIDENTIAL CLUSTER PROJECT, FILED BY
HECKER PASS NORTH LLC, CIO SKIP SPIERING, 8 NORTH SAN PEDRO,
SAN JOSE, CA 95110.
WHEREAS, Hecker Pass North LLC submitted an application requesting an
architectural and site review to approve the architectural and site 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
architectural and site review request (AS 18-03), in accordance with the Gilroy Zoning
Ordinance, 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 architectural and site review application was referred to various city
departments, including the Technical Advisory Committee, for recommendations; and
WHEREAS, the planning commission of the city of Gilroy has considered the Staff
Report dated June 7, 2018 along with testimony received at the duly -noticed public hearing
and other materials; and
WHEREAS, the Planning Commission finds the architectural and site review
application conforms to the City's General Plan and elements thereof; and
WHEREAS, the Planning Commission finds the architectural and site review
application conforms to the adopted Hecker Pass Specific Plan and elements thereof; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby recommends to the City Council the approval of architectural and site review
application AS 18-03, subject to the following conditions:
Resolution No. 2018-09
Page 2
Note: The following abbreviations identify the City department or division responsible for determining compliance
with these conditions. The first group listed has responsibility for compliance at plan check, the second
confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate
of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from
initial review through compliance verification. An internal condition reference number is located at the end of
each condition (e.g. G-1 or MND-S2).
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL
Building Division/Inspectors
PK
Parks/Landscape Design
CA
City Attorney
PL
Planning Division
CC
Chemical Control Agency
PW
Public Works/Engineering
FP
Fire Prevention
TR
Traffic Division
PD
Police Department
WW
Wastewater/Source Control
GENERAL PROJECT CONDITIONS
1. Approval of Architectural & Site Review AS 18-03 (hereinafter "this permit") is
granted for approved plans stamped as "Received on June 7, 2018 ("the plans") on
file with the Planning Division. Build -out of the project shall conform to the plans,
except as otherwise specified in these conditions. Any future adjustment or
modification to the plans shall be considered by the Community Development
Director or designee, may require separate discretionary approval, and shall
conform to all City, State, and Federal requirements, including subsequent City
Code requirements or policies adopted by City Council. (PL, G-1)
2. Developer means permit applicant, property owner, operator, permitee, lessee,
and/or tenants using the space(s) for the intended use(s). Developer shall comply
with project conditions for the life of the project. (CA, G-2)
3. Developer agrees, as a condition of permit approval, at Developer's own expense,
to defend, indemnify, and hold harmless the City of Gilroy ("the City") and its
officers, contractors, consultants, attorneys, employees and agents from any and
all claim(s), action(s) or proceeding(s) brought against the City or it's 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. (CA, G-3)
4. Failure to appeal this decision in a timely manner, or commencement of any activity
related to the project, is understood to clarify 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. (CA, G-4)
Resolution No. 2018-09
Page 3
5. 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. (PL, G-5)
6. Prior to issuance of building permits, Developer shall correct all violations of the
City Code, if any, existing on the project property for which the City has open
cases. (PL/CE, G-6)
7. If Developer, owner or tenant fails to comply with any of the conditions of this
permit, the Developer, owner or tenant shall be subject to permit revocation or
enforcement actions pursuant to the City Code. All costs associated with any such
actions shall be the responsibility of Developer, owner or tenant. (CA, G-7)
8. Prior to occupancy, Developer shall complete all required offsite and onsite
improvements related to the project, including structures, paving, and landscaping,
unless otherwise allowed by the Community Development Director, or stated in
these conditions. (BL, G-8)
9. Developer shall complete the "Notice of Land Use Restrictions and Conditions"
form, using the form provided by the City, for recording with the Santa Clara County
Recorder. Before the City issues building permits, Developer shall submit the
original completed, signed and notarized document to the, Community Development
Director or designee. (PL, G-9)
10. Developer acknowledges that because of water limitations placed on the City by its
water providers, approval of this permit does not guarantee that the city will issue
building permits. Issuance of building permits may be delayed and subject to
implementation and/or compliance with mandated water conservation or allocation
plans. (PL/PW, G-10)
11. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project
property shall be consistent with the terms of this permit and the City Code. If there
is a conflict between the CC&Rs and the City Code or this permit, the City Code or
this permit shall prevail. (PL/CA, G-11)
12. 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. (PL, G-13)
13. Approval of architectural and site review application AS 18-03 is subject to approval
of Zoning application Z 18-01 and Tentative Map TM 18-01. Should any of these
applications be rescinded or not approved, this approval shall immediately become
null and void (PL, G-16)
Resolution No. 2018-09
Page 4
PLANNING DIVISION STANDARD CONDITIONS
14. Developer shall obtain necessary permits prior to initiating any new construction or
modifications authorized under this approval, including but not limited to temporary
construction trailers, temporary staging areas, model home sales offices,
advertising signs of any kind, exterior and interior modifications. Developer shall
pay all requisite fees in effect at the time of plan submittal and/or issuance, as
applicable. (PL/BL, PL-1)
15. Developer shall submit plans for building permit applications that include all exterior
building materials and colors, including product and finish manufacturer name,
color name and number, and surface finish type (e.g. stucco with sand finish,
plaster with smooth finish) to be used in construction. (PL, PL-2)
16. Developer shall submit plans for building permit applications that include, on all
sets, a reproduction of all conditions of approval of this permit, as adopted by the
decision -maker. (PL, PL-3)
17. Prior to issuance of building permits, Developer shall provide to the Planning
Division digital photos or copies of full-size colored elevations, color and material
sample boards, perspective illustrations, and any other colored exhibit approved by
the decision -maker. (PL, PL-4)
18. Developer may not modify any use approved by this permit unless the Community
Development Director or designee determines that Developer has provided the
parking required by the City Code for the modified use. Such determination may
require an adjustment or modification to this permit approval. (PL, PL-5)
19. Prior to issuance of grading permits, Developer shall submit a combined landscape
and lighting plan to verify all project onsite lighting shall be of a type and in a
location that does not constitute a hazard to vehicular traffic, either on private
property or on public property, including streets. Such lighting shall not conflict with
drainage plans, landscape plans, tree locations, parking spaces, or any other such
land use concerns. (PL, PL-6)
20. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is
directed downward only, minimizing glare and light pollution, and shall not cast light
on any adjacent property or roadway. Developer shall recess or conceal any under -
canopy lighting elements so they are not directly visible from any public area. Prior
to issuance of building permits, Developer shall submit a lighting plan with details of
the proposed fixtures and locations to the satisfaction of the Community
Development Director or designee. (PL, PL-7)
21. Developer agrees, as a permit of condition approval, that no sign advertising the
development project or components thereof, including individual tenants or
Resolution No. 2018-09
Page 5
subdivisions, shall be installed or maintained onsite or offsite except as allowed and
in conformance with an approved sign permit. (PL, PL-8)
22. Concurrent with or prior to an application for a grading permit, Developer shall
apply for a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The
grading permit will be issued only after payment of assessed fees and approval of
the Habitat Plan permit. (PL, PL-9)
23. Prior to issuance of a grading permit, Developer shall present to the Community
Development Director or designee, a receipt issued by Santa Clara County for full
payment of the Santa Clara Valley Habitat Plan fees for associated with the
proposed development. Such receipt shall be dated within six (6) months of the
grading permit issuance date, or the fee amount may be reassessed and .difference
collected at the time of grading permit issuance. (PL, PL-10)
24. To minimize potential construction -related impacts to noise, Developer shall include
the following language on any grading, site work, and construction plans issued for
the subject site (PL1BL, PL-11)
"During earth -moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
(A) Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and
on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited
on Sundays and City -observed holidays;
(B) Locate stationary noise -generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project
area;
(C) Construct sound walls or other noise reduction measures prior to developing
the project site;
(D) Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment;
(E) Prohibit all unnecessary idling of internal combustion engines;
(F) Utilize "quiet" models of air compressors and other stationary noise sources
where technology exists; and
(G)Designate a "disturbance coordinator' who would be responsible for responding
to any complaints about construction noise. The disturbance coordinator will
determine the cause of the noise complaint (e.g. bad muffler, etc.) and will
require that reasonable measures be implemented to correct the problem."
25. To minimize potential construction -related impacts to air quality, Developer shall
include the following language on any grading, site work, and construction plans
issued for the project site (PLIBL, PL-12):
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Page 6
"During earth -moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
(A) All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day;
(B) All haul trucks transporting soil, sand, or other loose material onsite or offsite
shall be covered;
(C)AII visible mud or dirt tracked out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited;
(D)AII vehicle speeds on unpaved roads or pathways shall be limited to 15 miles
per hour;
(E) All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used;
(F) Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points;
(G)AII construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
by a certified visible emissions evaluator; and
(H) Post a publicly visible sign with the telephone number and person to contact at
the lead agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be
visible to ensure compliance with applicable regulations."
26. In the event of an accidental discovery of archaeological resources during grading
or construction activities, Developer shall include the following language on any
grading, site work, and construction plans issued for the project site (BL/PL, PL-13):
"If archaeological or cultural resources are discovered during earth -moving,
grading, or construction activities, all work shall be halted within at least 50 meters
(165 feet) of the find and the area shall be staked off immediately. The monitoring
professional archaeologist, if one is onsite, shall be notified and evaluate the find. If
a monitoring professional archaeologist is not onsite, the City shall be notified
immediately and a qualified professional archaeologist shall be retained (at
Developer's expense) to evaluate the find and report to the City. If the find is
determined to be significant, appropriate mitigation measures shall be formulated
by the professional archaeologist and implemented by the responsible party."
27. In the event of an accidental discovery or recognition of any human remains,
Developer shall include the following language in all grading, site work, and
construction plans (BL/PL, PL-14):
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Page 7
"If human remains are found during earth -moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until the
coroner of Santa Clara County is contacted to determine that no investigation of the
cause of death is required. If the coroner determines the remains to be Native
American the coroner shall contact the Native American Heritage Commission
within 24 hours. The Native American Heritage Commission shall identify the
person or persons it believes to be the most likely descendent (MLD) from the
deceased Native American. The MLD may then make recommendations to the
landowner or the person responsible for the excavation work, for means of treating
or disposing of, with appropriate dignity, the human remains and associated grave
goods as provided in Public Resources Code Section 5097.98. The landowner or
his authorized representative shall rebury the Native American human remains and
associated grave goods with appropriate dignity on the property in a location not
subject to further disturbance if: a) the Native American Heritage Commission is
unable to identify a MLD or the MLD failed to make a recommendation within 24
hours after being notified by the commission; b) the descendent identified fails to
make a recommendation; or c) the landowner or his authorized representative
rejects the recommendation of the descendent, and the mediation by the Native
American Heritage Commission fails to provide measures acceptable to the
landowner."
28. Developer shall install all roof and building rain gutters and downspouts, vents, and
flashing to integrate as closely as possible with building design elements, including
matching the color of the adjacent surface. (PL, PL-15)
29. Prior to issuance of building permits, Developer shall provide utility meters,
mechanical equipment, mailboxes and address directories, placed in decorative
cabinets and clustered for efficient access by residents and service persons. The
final placement and design shall be to the satisfaction of the Community
Development Director or designee. (PL, PLA 6)
30. Prior to issuance of building permits, Developer shall provide screening of all
mechanical equipment, post indicator valves, backflow prevention devices etc. All
ground mounted utility appurtenances such as transformers shall not be visible
from any public right-of-way and shall be adequately screened through the use or
combination of concrete or masonry walls, berms, and landscaping. In addition to
the above, backflow preventers shall be painted dark green, except the fire
connection which shall be painted yellow. The final placement and design of these
items shall be to the satisfaction of the Community Development Director or
designee. (PL, PL-17)
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Page 8
31. Developer shall provide automatic garage door openers for all garages. All garage
entries closer than 23 feet to the front property line shall be equipped with a
sectional roll -up garage door. (PL, PL-18)
32. Prior to issuance of fine grading plans, Developer shall provide a minimum 9-foot
by 3-foot level concrete pad for storage of three refuse containers in the side yard
area or other location approved by the Community Development Director or
designee that is out of view from the street. The storage location shall not be within
the garage. Developer shall also provide for a paved path from the storage location
to the pick-up area (typically the street) that does not require entering the garage.
All gates or doors along the path shall be constructed with a minimum clear space
of 36-inches to allow passage of the containers. (PL, PLA 9)
33. Building additions and patio covers shall conform to the requirements of the Hecker
Pass Specific Plan Residential Cluster RC zone district setbacks, or as otherwise
approved by this permit or by Z 18-01. The design of such addition or patio cover
shall match the materials and style of the residence. (PL, PL-20)
34. Prior to the close of escrow for each dwelling unit, Developer shall provide the
buyer with a written guarantee that the exterior finishes of the dwelling unit will
remain in good condition for at least five (5) years from the final building permit
inspection and sign -off. Developer shall provide a copy of the guarantee to the City
prior to final Planning Division inspection and sign -off. (PL, PL-21)
35. Prior to issuance of building permits, Developer shall include identify the placement
and design of directory sign(s) and location map(s) for multi -family residential
projects. Such signs/maps shall be installed prior to occupancy of the first unit. (PL,
PL-23)
36. Prior to issuance of a Temporary Use Permit for the sales office and/or model
home, Developer shall provide details as to the posting and of pertinent information
and maps that may affect the subject project and adjacent properties. At minimum,
the land plan for the overall development that shows all surrounding land uses and
how the project integrates with theses surrounding uses shall be displayed and
maintained in a prominent location. Additional resources might include the current
General Plan and corresponding Land Use Map, and any specific plan associated
with the project area. Developer shall include such details to the satisfaction of the
Community Development Director or designee. (PL, PL-24)
37. Prior to issuance of a Temporary Use Permit for the sales office and/or model
home, Developer shall provide details of signage and written information to
potential buyers that demonstrate the principles of water efficient landscapes
described in the State MWELO. Developer shall provide such details to the
satisfaction of the Community Development Director or designee. (PL, PL-25)
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Page 9
38. Light standards illuminating interior walkways shall be not more than eight (8) feet
in height, and shall not intrude into the private living or patio areas. Light standards
serving recreational areas held in common shall be no more than 15 feet in height,
and shall be directed away from dwelling units. PL, PL-26)
39. Developer shall establish a Homeowners' Association (HOA) for the development.
The HOA shall be responsible for the maintenance and enforcement of parking,
private streets, landscaping, recreation and other interior areas held in common by
the HOA. Such responsibilities shall be provided within the CC&Rs for the
development. (PL, PL-27)
PLANNING LANDSCAPING CONDITIONS
40. Prior to issuance of building or grading permits, Developer shall have an arborist
report prepared (by an ISA certified and licensed arborist) for the subject property.
At minimum, such report must identify all existing trees, including significant trees,
and clarify which trees will be saved, transplanted, or removed, and any
recommendations of the arborist for such work. Any proposed removal of trees
from the subject property shall be conducted in accordance with any tree removal
permits to be issued separately. (PL, PL-40)
41. Prior to issuance of building permits, Developer shall identify landscaping or other
screening method to protect glare from headlights on the subject property
extending offsite. At the time of planting, such screening shall be maintained at or
below three (3) feet if located in a required street frontage or front yard. Details of
required screening shall be to the satisfaction of the Community Development
Director or designee. (PL, PL-41)
42. Prior to issuance of building permits, Developer shall (as part of the irrigation
system) include sensors that suspend or alter irrigation operation during
unfavorable weather conditions (e.g. automatic rain shut-off devices). (PL, PL-42)
43. Prior to issuance of building permits or initiation of the proposed use, whichever
comes first, Developer shall submit a completed Landscape Documentation
Package, including a soil analysis/management report along with appropriate
application review fees, to the Community Development Department, including
required documentation for compliance verification, and obtain approval of such
plans. (PL, PL-43)
44. As part of the Landscape Plan submittal, Developer shall not include any invasive
plant species, such as those listed by the California Invasive Plant Council. (PL,
PL-44)
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Page 10
45. ' As part of the Landscape Plan submittal, Developer shall clarify a minimum three
(3) inch layer of mulch to be applied on all exposed soil surfaces, as required by the
State MWELO. (PL, PL-45)
46. Prior to issuance of building permits or initiation of the proposed use, whichever
comes first, Developer shall submit a signed Certificate of Completion, along with
all necessary supporting documentation and payment to the Community
Development Department, for compliance verification of the landscape installation.
(PL, PL-47)
47. Prior to issuance of certificate of occupancy or building permit final sign -off,
Developer shall complete installation of all landscaping and irrigation in accordance
with the approved plans. (PL/ PL-48)
48. Developer is required under MWELO to provide a copy of the approved Certificate
of Completion to the property owner or his or her designee. Prior to completion of
each build -out phase of development, Developer shall provide the Community
Development Director or designee a summary of each lot in that phase and timing
of compliance with this requirement. (PL, PL-49)
49. For the life of the project, Developer shall maintain landscaping and irrigation in
accordance with the approved plans, except as otherwise permitted or required by
law. Significant changes to the number, placement, and selection of plant species
may require a modification to this approval, to be determined by the Community
Development Director or designee. (PL, PL-50)
PLANNING DIVISION SPECIAL CONDITIONS
50. Decorative treatments will be installed at crosswalks along Meadow Wood Court
and Little Barn Avenue.
51. A traffic circle will be installed on Autumn Drive, generally in between Pasture
Street and Haybale Street to provide ingress/egress to the Gilroy Municipal Golf
Course. Developer shall secure the necessary right-of-way dedication from the Golf
Course property, and the developer shall be responsible for mitigating any impacts
to the operations of the golf course resulting from the encroachment of the traffic
circle. The traffic circle configuration and specifications shall be to the satisfaction
of the Public Works Director.
52. Prior to issuance of building permits, 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.
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Page 11
53. Prior to issuance of the 37t' final building permit signoff, Developer shall have all
park improvements completed for the neighborhood park, located along Meadow
Wood Court.
PUBLIC WORKS DEPARTMENT CONDITIONS
54. GENERAL — Proposed Development shall comply with all terms and conditions
specified in the Development Agreement between City of Gilroy and Hecker Pass
Development Area.
55. 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.
56. 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.
57. 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.
58. 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.
59. 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).
60. 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.
61. FEE - At improvement plan submittal, Developer shall submit a $25,000 (Twenty
Five Thousand) initial fee for plan check and. processing.
62. Prior to plan approval, developer shall submit a detailed project cost estimate,
subject to City Engineer approval.
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Page 12
63. FEE - Prior to final plan approval, Developer shall pay 100% 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.
64. 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.
65. 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.
66. 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.
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Page 13
67. 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.
68. 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.
69. TRANSPORTATION - The Project shall comply with all the traffic mitigation
measures identified in the project's Traffic Study.
70. 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.
71. TRANSPORTATION - Developer shall submit final photometric plans prior to first
building permit issuance.
72. 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.
73. 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.
74. TRANSPORTATION - Final streetlight locations shall be to the satisfaction of the
City Transportation Engineer and shall follow City standards.
75. 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.
76. 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.
77. 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
Resolution No. 2018-09
Page 14
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.
78. 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.
79. 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.
80. PUBLIC IMPROVEMENTS — The developer shall obtain all local and state permits
necessary for all project onsite and offsite construction.
81. 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.
82. PUBLIC IMPROVEMENTS - Prior to any work within public right of way or City
easement, the developer shall obtain an encroachment permit from the City.
83. 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
Resolution No. 2018-09
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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 restoratio nlreplacement 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.
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 forthe 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.
84. 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.
Resolution No. 2018-09
Page 16
85. 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.
86. 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.
87. 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.
88. UTILITIES - Storm and sewer lines in private areas shall be privately owned and
maintained by the HOA, unless approved by the Public Works Director.
89. 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.
90. UTILITIES -Sanitary sewer laterals and/or water meters located in driveways shall
have traffic rated boxes and lids.
91. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities
as directed by the Public Works Director.
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92. 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.
93. 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.
94. WATER - All construction water from fire hydrants shall be metered and billed at
the current hydrant meter rate.
95. 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.
96. 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.
97. 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.
98. 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.
99. 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
streets soiled or littered due to this construction activity shall be cleaned and swept
Resolution No. 2018-09
Page 18
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.
100. 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.
101. 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.
102. 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.
103. 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.
104. 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.
105. CONSTRUCTION - All work shown on the improvement plans shall be inspected.
Uninspected work shall be removed as deemed appropriate by the Public Works
Director.
106. 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.
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Page 19
107. 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.
108. 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.
109. 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).
110. MONUMENTS —All monuments shall beset per the recorded final map. A
certificate letter by the Surveyor or Engineer will be provided to the City Engineer
prior to project acceptance.
111. 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.
112. 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 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.
113. 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
114. Single Family Homes with a fenced yard shall have a gate that opens to a public
way (or to an open yard that leads to a public way).
115. All residential structures shall be provided with residential fire sprinklers including
detached garages. City standards include
a) A 1 inch meter and 1.5 inch laterals shall be provided to each SFR.
b) System to comply with NFPA 13D (2013) subject to inspection by the City.
Resolution No. 2018-09
Page 20
c) Riser shall. be installed in the garage unless alternate approved by the Fire
Marshal
d) If the water supply to the home is not at the garage, water supply from point of
entry to the riser shall be approved fire sprinkler line.
e) All enclosed garages shall be provided with sprinkler protection.
f) At least 1 sprinkler of each type shall be present in the spare head box at final.
g) An exterior bell/horn shall be installed on the bedroom side of the home. A horn
device shall be provided for the interior living space .
h) Each attic access shall be protected by a pilot head. The pilot head piping
(CPVC) shall be provided with adequate insulation or be done with a copper
riser.
i) Sprinkler coverage shall be provided underneath stairwells when used as
storage, closets or bathrooms (even if less than 55 sq ft). Concealed spaces
used for storage in attics or crawl spaces that exceed 55 sq ft in area and 6 ft in
height, shall be provided with sprinkler coverage.
116. An address shall be provided at building permit submittal. Building / House
numbers shall be clearly visible from the street. Addressing shall be from the street
that the front door faces and shall be visible from that street. All main address
numbers shall be illuminated a minimum of 2.5 inches in height with a 3/8 inch
stroke and placed to read from left to right and/or top to bottom, and located at
least 60 inches high from the ground.
117. Chimneys shall have spark arrestors installed. No permanent outdoor, wood -fired
fireplaces/pits are allowed. Trees and tree branches shall not be within 10 feet of a
chimney.
PASSED AND ADOPTED this 7th day of June 2018 by the following roll call vote:
AYES: Scheel, Ashford, Armendariz, Estorga, Fischer
RECUSED: Kim
NOES:
ABSENT: Rodriguez
ATTEST:
Susan L. O'Strander, Secretary
QPP.RnvFn-