Resolution No. 2018-11 | Tentative Map (TM 17-02) Heartland Triangle Residential Project Creating 9 Single-Family Residential Lots | Adopted 06/07/2018RESOLUTION NO. 2018-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING CITY COUNCIL APPROVAL OF VESTING
TENTATIVE MAP (TM 17-02), HEARTLAND TRIANGLE RESIDENTIAL
PROJECT CREATING 9 SINGLE-FAMILY RESIDENTIAL LOTS, WITH 0.42
ACRES OF CITY -OWNED LANDSCAPED AREAS, AND 0.34 ACRES TO
BE USED FOR A PUBLIC STREET, LOCATED WITHIN THE HECKER
PASS SPECIFIC PLAN, NORTHEAST OF THIRD STREET, WEST OF THE
HEARTLAND SUBDIVISION, AND SOUTH OF SYNGENTA FLOWERS,
INC., PORTION OF ASSESSOR'S PARCEL NUMBER 810-20-029. FILED
BY MERITAGE HOMES, 2603 CAMINO RAMON, SUITE 140, SAN RAMON,
CA 94583.
WHEREAS, Meritage Homes submitted an application requesting a tentative map to
subdivide a 2.23-acre site into 9 single family residential lots with 0.42 acres of city -owned
landscaped areas, and 0.34 acres for a public street; and
WHEREAS, the subject property is located within the Hecker Pass Specific Plan, northeast
of Third Street, west of The Heartland subdivision, and south of Syngenta Flowers, Inc.;
and
WHEREAS, said tentative map 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 TM 17-02 in
accordance with the Gilroy General Plan, the Hecker Pass Specific Plan, the Gilroy Zoning
Ordinance, and other applicable standards and regulations; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed
project on May 17, 2018 and continued it to the duly noticed meeting on June 7, 2018, at
which public hearing the Commission considered the proposed project, staff report, public
comments and testimony, and all other documentation or other evidence received on the
project.
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. As proposed, the tentative map is consistent with the intent of the goals
and policies of the City's General Plan and Hecker Pass Specific Plan.
2. The Planning Commission has approved a variance application (V 18-01)
and recommended City Council approval of an architectural and site
review application (A/S 17-14); and with these approvals, the tentative
map would be consistent with the General Plan land use designation and
Zoning Ordinance districts.
3. The proposed development is consistent with the City's Subdivision and
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Page 2
Land Development Code, and the State Subdivision Map Act.
4. Public utilities and infrastructure improvements needed in order to serve
the proposed project are in close proximity.
5. There will be no significant environmental impacts as a result of this
project due to the required mitigation measures to be applied.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby recommends to the City Council the approval of TM 17-02, subject to the following
conditions:
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 Tentative Map TM 17-02 (hereinafter "this permit") is granted for
approved plans stamped as "Received on November 3, 2017" ("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 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
Resolution No. 2018-11
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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)
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)
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12. An approved tentative map or vesting tentative map shall expire twenty-four (24)
months from the approval date if the final map is not approved prior to expiration.
(PL, G-12)
13. Approval of this permit is subject to approval of V 18-01 and AS 17-14. Should any
of those application(s) be rescinded or not approved, this approval shall
immediately become null and void. (PL, G-16)
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, PLA )
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)
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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
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 associated with the proposed
development. (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 (PLIBL, 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
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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 (PL/BL, PL-12):
"During earth -moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or offsite
shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles
per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points;
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
by a certified visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact at
the lead agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be
visible to ensure compliance with applicable regulations."
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 (BLIPL, 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
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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 (BLIPL, PL-14): "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, PL-16)
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
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items shall be to the satisfaction of the Community Development Director or
designee. (PL, PL-17)
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, PL-19)
33. Building additions and patio covers shall conform to the requirements of the
Hecker Pass Specific Plan Residential zone district setbacks, or as otherwise
allowed by the Gilroy City Code. 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 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-
22)
36. 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-23)
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37. 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-24)
PLANNING DIVISION LANDSCAPING CONDITIONS
38. 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-25)
39. 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-26)
40. 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-27)
41. 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-28)
42. 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-29)
43. 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-30)
44. 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-31)
45. 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
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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-32)
46. 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-33)
PLANNING DIVISION SPECIAL CONDITIONS (SPECIFIC PLAN POLICIES)
47. All properties that include agricultural uses shall include an Integrated Agricultural
Management Plan in the Conditions, Covenants and Restrictions for the property
(PL, PL-34) (HPSP Policy 5-10).
PLANNING DIVISION ENVIRONMENTAL CONDITIONS
48. 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. (PL/PW, PL-35) (HPSP EIR MM#9)
49. Storm water detention shall be designed to prevent an increase in the 2-year, 10-
year and 100-year peak discharge for the project area. (PUPW, PL-36) (HPSP
EIR MM#22)
50. Prior to issuance of the 75th building permit within the Specific Plan area,
applicants for projects within the specific plan area shall be responsible for
improving Hecker Pass Highway immediately west of Santa Teresa Boulevard to
include a second westbound travel lane. The second westbound travel lane on
Hecker Pass Highway, and the appropriate lane -drop taper consistent with
Caltrans' Standards, should extend as far as possible beyond (west of) Santa
Teresa Boulevard as can be accommodated within the existing public right-of-way,
with the design subject to approval by the City Engineer in his/her reasonable
discretion. Applicants shall coordinate with the City of Gilroy Engineering Division
to design and implement the widening project. Removal of deodar cedar trees
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along the highway must be avoided wherever possible and improvements must be
consistent with State scenic highway guidelines. Traffic signal modifications should
be made to the intersection of Santa Teresa Boulevard and First Street/Hecker
Pass Highway to add vehicle detection for the second eastbound through lane.
However, implementation of this measure may not be feasible without either a)
removal of deodar cedar trees within the Caltrans right-of-way along the southern
side of the highway, which is an historic resource listed on both the national and
state registers, or b) significantly cut into the hillside on the northern side of the
highway, which would require construction of a retaining wall.
The City of Gilroy is currently processing a request from the specific plan property
owners to amend the Necker Pass Specific Plan, which includes among other
changes, elimination of this mitigation measure. if the proposed project is
approved, building permits for the residential units could not be issued until the
mitigation measure is implemented, or the specific plan amendment request that
includes elimination and/or modification of the measure, is approved. (PL/TR, PL-
37) (HPSP EIR MM#18)
51. Prior to issuance of the 75th building permit within the Specific Plan area,
applicants for projects within the specific plan area shall be responsible for
shoulder improvements to Hecker Pass Highway, per Caltrans' standards,
between Santa Teresa Boulevard and the easterly limits of the planned Caltrans
Uvas Creek Bridge Improvement project. Applicants shall coordinate with the City
of Gilroy Engineering Division to design and implement the shoulder
improvements. Removal of deodar cedar trees along the highway must be avoided
wherever possible and improvements must be consistent with State scenic
highway guidelines.
However, implementation of this measure may not be feasible without either a)
removal of deodar cedar trees within the Caltrans right-of-way along the southern
side of the highway, which is an historic resource listed on both the national and
state registers, or b) significantly cut into the hillside on the northern side of the
highway, which would require construction of a retaining wall.
The City of Gilroy is currently processing a request from the specific plan property
owners to amend the Hecker Pass Specific Plan, which includes among other
changes, elimination of this mitigation measure. if the proposed project is
approved, building permits for the residential units could not be issued until the
mitigation measure is implemented, or the specific plan amendment request that
includes elimination and/or modification of the measure, is approved. (PLITR, PL-
38) (HPSP EIR MM#19)
PUBLIC WORKS/ENGINEERING CONDITIONS
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52. GENERAL
a. Proposed Development shall comply with all terms and conditions specified
in the Development Agreement between City of Gilroy and Hecker Pass
Development Area. (PW, PW-1)
b. 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. (PW, PW-2)
c. 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. (PW, PW-3)
d. 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. (PW, PW-4)
e. 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.
(PW, PW-5)
53. FEE
a. The project is subject to the City's Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees. Payment of
Street Tree and Storm Development Impact Fees is required 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. (PW, PW-6)
b. At improvement plan submittal, Developer shall submit a $25,000 (Twenty
Five Thousand) initial fee for plan check and processing. (PW, PW-7)
c. Prior to plan approval, developer shall submit a detailed project cost
estimate, subject to City Engineer approval. (PW, PW-8)
d. Prior to public improvement 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. (PW, PW-9)
54. CFD - The properties within the proposed subdivision are within the Community
Facility District (CFD) 2012-1. The Developer shall make any necessary
changes to the existing CFD 2012-1 as a result of Final Map subdivision.
The developer shall comply with all rules, regulations, policies and practices
established by the State Law and/or by the City with respect to the CFD
including, without limitation, requirements for notice and disclosure to future
owners and/or residents. (PW, PW-10)
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55. GRADING & DRAINAGE
a. 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. (PW, PW-11)
b. 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. (PW, PW-12)
c. 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. (PW, PW-13)
d. 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.
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The applicant's soils engineer's approval shall then be conveyed to the
City either by letter or by signing the plans. (PW, PW-14)
56. TRANSPORTATION
a. 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. (PW,
PW-15)
b. The Project shall comply with all the traffic mitigation measures identified
in the project's Traffic Study. (PW, PW-16)
c. 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.
(PW, PW-17)
d. Developer shall submit final photometric plans prior to first building permit
issuance. (PW, PW-18)
e. Developer shall install all joint trench to have (4) dedicated 1112" SCH 80
PVC conduit for City Fiber Optic need in a quad duct arrangement along
public Collector and Arterial streets. Quad duct shall be per City STD EL-
11. (PW, PW-19)
f. 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. (PW, PW-20)
57. FINAL MAP
a. 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. (PW, PW-21)
b. The tentative map and all final maps shall designate all common lots and
easements as lettered lots or lettered easements. The Final map should
be clear on the limits of Public vs. Private responsibilities. (PW, PW-22)
58. PUBLIC IMPROVEMENTS
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a. Prior to building permit issuance, the developer shall obtain design
approval and bond for all necessary public improvements, including but
not limited to the following (PW, PW-23):
i. Construction of Water Main within the proposed public cul-de-sac.
ii. Removal and installation of sidewalk along 3rd Street frontage.
iii. Installation of new Storm Drain treatment facilities along 3rd Street
frontage.
iv. Extension of the exiting utilities and installation of new utilities,
including but not limited to, water, sewer and storm drain main
lines, services and related facilities.
v. Landscaping and trees along all public street frontages, including
the proposed roundabouts and median islands.
vi. All improvements must be built to the city Engineer's satisfaction,
and accepted by, the City prior to issuance of any first certificate of
occupancy for the project.
b. 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. (PW, PW-24)
c. 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. (PW, PW-25)
d. The developer shall obtain all local and state permits necessary for all
project onsite and offsite construction. (PW, PW-26)
e. Prior to project acceptance, the developer shall slurry along 3rd Street
project frontage due to new trench crossings made. (PW, PW-27)
f. Prior to any work within public right of way or City easement, the
developer shall obtain an encroachment permit from the City. (PW, PW-
28)
59. WATER QUALITY
a. 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 (PW, PW-29):
i. 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).
ii. 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.
Resolution No. 2018-11
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iii. 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.
iv. 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.
v. 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.
vi. 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.
vii. 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.
viii. Any repairs or restoration/replacement and maintenance shall be in
accordance with City -approved plans.
ix. 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.
x. Stormwater BMP Inspections will be required for this project and
shall adhere to the following:
A. The property owner(s) shall be responsible for having all storm
water management facilities inspected for condition and function by
a knowledgeable third party.
xii. 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;
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6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re -inspection.
xiii. 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 15th of the following
year for the Winter report.
xiv. 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.
b. 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. (PW, PW-30)
60. UTILITIES
a. 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. (PW, PW-31)
b. 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
sub.mittal (PW, PW-32):
i. 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).
ii. The Developer shall negotiate right-of-way with Pacific Gas and
Electric and other utilities subject to the review and approval by the
Engineering Division and the utility companies.
iii. Will Serve Letter" from each utility company for the subdivision
shall be supplied to the City.
c. 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,
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Landscape, electrical, and joint trench information to confirm that there
are no conflicts with joint trench plan utilities. (PW, PW-33)
d. Storm and sewer lines within the proposed subdivision are publicly owned
and maintained by the City of Gilroy. (PW, PW-34)
e. Prior to any construction of the dry utilities in the field, the following will
need to be supplied to the City (PW, PW-35):
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.
f. Sanitary sewer laterals and/or water meters located in driveways shall
have traffic rated boxes and lids. (PW, PW-36)
g. The Developer/Contractor shall make accessible any or all City utilities as
directed by the Public Works Director. (PW, PW-37)
h. 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. (PW, PW-38)
61. 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. (PW, PW-39)
62. WATER - All construction water from fire hydrants shall be metered and billed at
the current hydrant meter rate. (PW, PW-40)
63. 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. (PW, PW-41)
64. WATER - Where recycled water is not available, as determined by the Public
Works Director, potable water shall be used for construction water. All City potable
water will be billed based on the City's comprehensive fee schedule under the
Portable Fire hydrant meter rate. (PW, PW-42)
65. 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. (PW, PW-43)
66. CONSTRUCTION BMP
a. 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,
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concrete and other construction debris shall not be washed into the City's
storm drains. (PW, PW-44)
b. 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 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. (PW, PW-45)
67. CONSTRUCTION
a. 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. (PW, PW-46)
b. 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. (PW, PW-47)
c. 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. (PW, PW-48)
d. 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
Resolution No. 2018-11
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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. (PW, PW-49)
e. 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. (PW, PW-50)
f. All work shown on the improvement plans shall be inspected.
Uninspected work shall be removed as deemed appropriate by the Public
Works Director. (PW, PW-51)
g. 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. (PW, PW-52)
h. 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. (PW,
PW-53)
i. 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. (PW,
PW-54)
68. 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). (PW, PW-55)
69. 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. (PW, PW-56)
70. ACCEPTANCE
a. 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. (PW, PW-57)
b. 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
Resolution No. 2018-11
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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. (PW, PW-58)
c. The developer shall submit an AutoCAD drawing file of all Asbuilt
consultants composite basemap linework showing all public improvements
and utility layouts. (PW, PW-59)
FIRE MARSHAL CONDITIONS
71. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street
Hydrants shall be spaced every 300 ft, and within 150 ft 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. (FP,
FP-1)
72. Each home shall be provided with water laterals and meters sized to allow for a
residential NFPA 13d fire sprinkler system. At a minimum the off- site improvement
plan shall provide 1.5 inch water laterals and 1" meters sized to allow for a residential
NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire
Marshal for the purpose of Fire Sprinkler design. (FP, FP-2)
73. Cul De Sac shall be red curbed, the 39 ft radius does not provide for parking. Show
red curbing. on improvement plans. Include signage as Fire Lane no parking in the cul
de sac. (FP, FP-3)
74. Street naming shall be done prior to off -site improvement plan and building plan
submittal. Addresses shall be assigned by the City Engineering Section prior to
improvement plan and -building permit submittal. Street signage shall be installed
prior to any on -site improvements (foundations or buildings) has begun. (FP, FP-4)
75. 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 April to November of each year. (FP, FP-5)
Resolution No. 2018-11
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PASSED AND ADOPTED this 7t' day of June 2018 by the following roll call vote:
AYES: Ashford, Estorga, Armendariz, Scheel, Fischer
NOES:
RECUSAL: Kim
ABSENT: Rodriguez
ATTEST:
Susan L. O'Strander, Secretary