Resolution No. 2015-25 | Architectural and Site Review (AS 13-05) for PSI Apartment Project | Adopted 07/02/2015RESOLUTION NO. 2015-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF ARCHITECTURAL AND
SITE REVIEW A/S 13-05, AN ARCHITECTURAL AND SITE REVIEW TO
ALLOW CONSTRUCTION OF THE PSI APARTMENT PROJECT, FILED
BY PSI DEVELOPMENT C/O JOE BURCH, 2 WEST SANTA CLARA
STREET, SAN JOSE, CA 95113.
WHEREAS, PSI Development submitted an application requesting an
architectural and site review to approve the architectural and site design of a 27-unit
apartment project; and
WHEREAS, the subject property is located at 9060 and 9070 Kern Avenue (APNs
790-18-015 through -017); and
WHEREAS, the planning commission of the city of Gilroy has considered the
architectural and site review request (A/S 13-05), in accordance with the Gilroy Zoning
Ordinance, and other applicable standards and regulations; and
WHEREAS, on August 7, 2006, the city council adopted a negative declaration
with 10 mitigation measures and a mitigation monitoring and reporting program (city
council resolution 2006-60) that analyzed development of this site with a maximum of 31
dwelling units; and
WHEREAS, No further environmental analysis is required for the development of
this project; 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 July 2, 2015 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
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 A/S 13-05, subject to the following conditions:
Resolution No. 2015-25
Page 2
GENERAL PROJECT CONDITIONS
This permit is granted for the property described in the application on file with the
Planning Division, and may not be transferred from one property to another, unless
a request is requested and granted by the Planning Manager, pursuant to the City
Code.
This permit is granted for approved plans ("the plans") on file with the Planning
Division. The project shall conform to the plans, except as otherwise specified in
these conditions. Any subsequent modification or deviation to the approved plans
shall be considered by the Planning Manager, may require separate discretionary
approval and shall conform to City Code requirements or policies adopted by City
Council.
Developer means permit applicant, property owner, and/or tenants using the space(s)
for the intended use(s). Compliance with project conditions is expected for the life of
the project.
4. 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.
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.
6. Failure to appeal this decision in a timely manner or commencement of any activity
related to the project is understood to clarify the Developer's acceptance of all
conditions and obligations imposed by this permit and waiving any challenge to the
validity of the conditions and obligations stated therein.
7. Developer shall complete all required off -site and on -site improvements related to the
project, including structures, paving, and landscaping, prior to occupancy unless
otherwise allowed by the Community Development Director.
Developer agrees, as a condition of adoption of this resolution, at Developer's own
expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers,
contractors, consultants, attorneys, employees and agents from any and all
claim(s), action(s) or proceeding(s) brought against City or 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.
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9. 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.
10. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form,
using the form provided by the City, for recording with the Santa Clara County
Recorder. Before the City issues building permits, Developer shall submit the
original completed, signed and notarized document, together with the required fees
to the Planning Manager.
11. 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 pursuant to the
City Code.
12. Prior to issuance of building permits, Developer shall correct all violations of the City
Code existing on the project property for which the City has open cases.
PLANNING DIVISION STANDARD CONDITIONS
13. 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.
14. 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.
15. 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.
16. Prior to issuance of building permits, Developer shall provide to the Planning Division
color photographic reductions (8'/2" x 11 ") of full-size colored elevations and any
other colored exhibit approved by the decision -maker. Developer may retain the
full-size colored exhibits after the reductions are provided.
17. 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.
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18.All project on -site lighting shall be of a type and in a location that does not constitute
a hazard to vehicular traffic, either on private property or on public property,
including streets. Such lighting shall not conflict with drainage plans, landscape
plans, tree locations, parking spaces, or any other such land use concerns.
19. Parking lot and exterior light fixtures shall be full cutoff type (with no structure or
housing element below the flat lens) so that lighting is directed downward only.
Developer shall recess or conceal 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 consistent with this requirement.
20. Prior to submittal of landscape and irrigation plans, Developer shall obtain approval of
the Planning Manager or designee of a plan showing on the project property all
existing trees and identifying the trees to be saved, transplanted or removed.
21. Prior to issuance of building permits Developer shall submit two copies of landscape
and irrigation plans, along with the appropriate permit application and fees, to the
Building Division and obtain approval of such plans.
22. Prior to final building inspection, Developer shall install landscape and automatic
irrigation systems in accordance with approved plans.
23.Developer shall properly maintain landscape planting and all irrigation systems as
required by the City Code and as specified by this permit. Failure of Developer to
do so may result in the revocation of this permit and initiation of legal proceedings
against Developer to ensure compliance.
24. Prior to the final building inspection, Developer shall provide a watering schedule to
the building owner or manager and to Planning Division or designee. The irrigation
system shall include automatic rain shut-off devices, or instructions on how to
override the irrigation system during rainy periods.
25.At the time of planting, Developer shall provide at least 24-inch box size for all new
trees planted on the subject property. All shrubs and vines planted under the
subject permit by the Developer shall be at least five -gallon size, except as
otherwise specified by this permit.
PLANNING DIVISION SPECIAL CONDITIONS
26.Project plans shall include the following dust control measures during grading and
construction activities for the proposed development and subject to the review and
approval by the City of Gilroy Engineering Division. The following basic control
measures shall be implemented at all construction sites (MND 1):
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o Water all active construction areas at least twice daily
o Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard
o Pave, apply water three times daily, or apply (non -toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at
construction sites
o Sweep daily (with water sweepers) all paved access roads, parking areas
and staging areas at construction sites
o Sweep streets daily (with water sweepers) if visible soil material is carried
onto adjacent public streets
27. Due to the possibility that significant buried cultural resources might be found during
construction, the following language shall be included on any permits issued for the
project site, including, but not limited to building permits for future development
subject to the review and approval of the Gilroy Planning Division (MND 2):
"if archaeological resources or human remains are discovered during construction,
work shall be halted within 50 meters (165 feet) of the find until a qualified
professional can evaluate it. If the find is determined to be significant, appropriate
mitigation measures shall be formulated and implemented (Gilroy General Plan
Policy 5.07)."
28.In the event of an accidental discovery or recognition of any human remains in any
location other than a dedicated cemetery, the City shall ensure that this language is
included in all permits in accordance with CEQA Guidelines section 15064.5(e),
subject to the review and approval of the City of Gilroy Planning Division (MND 3):
"If human remains are found during construction there shall be no further
excavation or disturbance of the site or any nearby area reasonably suspected to
overlie adjacent human remains until the coroner of Santa Clara County is
contacted to determine that no investigation of the cause of death is required. If the
coroner determines the remains to be Native American, the coroner shall contact
the Native American Heritage Commission within 24 hours. The Native American
Heritage Commission shall identify the person or persons it believes to be the most
likely descendent (MLD) from the deceased Native American. The MLD may then
make recommendations to the landowner or the person responsible for the
excavation work, for means of treating or disposing of, with appropriate dignity, the
human remains and associated grave goods as provided in Public Resources Code
Section 5097.98. The landowner of 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 recommendation; or c) the
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landowner or his authorized representative rejects the recommendation of the
descendent, and the mediation by the Native American Heritage Commission fails
to provide measures acceptable to the landowner."
29.The proposed buildings shall be designed by the structural engineer in accordance
with the applicable version of the California Building Code (CBC). A Registered
Geotechnical Engineer and Geologist shall prepare a soils report for the project to
assess these geologic hazards and to develop appropriate mitigation that shall be
implemented during design and construction. A Registered Geotechnical Engineer
shall be present at the site during site grading for building foundations. This
mitigation measure shall be subject to the review and approval of the City of Gilroy
Engineering Division. (MND 4)
30.An erosion and deposition control plan shall be submitted to the City of Gilroy
Engineering Division for approval prior to the issuance of a grading permit. During
construction, contractors shall adhere to the requirements in the erosion and
deposition control plan and the required Drainage Plan and Storm Water Pollution
Prevention Plan (see MND 6 and 7). (MND 5)
31. Future development at the site shall be designed and constructed to detain storm
runoff to ensure that post -project storm runoff does not exceed pre -project levels,
subject to the review and approval of the City of Gilroy Engineering Division. (MND
6)
32.The project proponents shall pay their fair share of the cost for infrastructure
identified in the City's Storm Drainage Master Plan. (MND 7)
33.In order to minimize potential water quality impacts due to erosion, the project shall
incorporate a landscape plan to be implemented on the perimeter of the project site.
Prior to issuance of a grading permit, the applicant shall submit the landscape plan
for review and approval by the City of Gilroy Engineering Division. (MND 8)
34. Prior to issuance of a grading permit, the applicant shall submit a Notice of Intent to
the Central Coast Regional Water Quality Control Board to obtain a General
Construction Stormwater Permit for the project. A Storm Water Pollution Prevention
Program (SWPPP) shall be developed in compliance with this permit that achieves
the following four major objectives. The SWPPP shall also be submitted to the City
of Gilroy Engineering Division prior to issuance of a grading permit. (MND 9)
a. Identify pollutant sources, including sources of sediment that may affect the
quality of storm water discharges from the construction site.
b. Identify non -storm water discharges.
C. Identify, construct, implement in accordance with a time schedule, and
maintain Best Management Practices (BMPs) to reduce or eliminate
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pollutants in storm water discharges and authorized non -storm water
discharges, from the construction site during construction; and
d. Identify, construct, and implement in accordance with a time schedule, and
assign maintenance responsibilities for post -construction BMPs. These
measures would be installed and implemented during construction to
reduce or eliminate pollutants after construction is completed.
35.As part of normal City review and approval procedures for future projects the
following measures shall be incorporated to mitigate construction noise, as
determined feasible by the City Building and Engineering Divisions (MND 10):
a. Limit construction activity to weekdays between 7:00 AM and 7:00 PM and
Saturdays between 9:00 AM and 7:00 PM, with no construction allowed on
Sundays or City 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.
36. The developer shall adhere to all tree preservation recommendations identified in the
arborist's report. Prior to final building inspection, the arborist shall inspect the
trees to determine whether tree preservation recommendations have been
incorporated and shall provide additional preservation recommendations, if needed.
The developer shall comply with all arborist's recommendations for the life of the
project, subject to the review and approval of the Planning Division Manager.
37.The developer shall preserve the tree identified as Tree 87 in the arborist's report
until an arborist determines the tree should be removed, subject to the review,
concurrence, and approval of the Planning Division Manager.
38.The developer shall provide a second, complementary color scheme to be used on a
minimum of 30% of the apartment units, subject to the review and approval of the
Planning Division Manager prior to building permit issuance.
PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS
39. GENERAL
a. The developer shall process a lot merger and dedication of street easement at Kern
Avenue by separate instrument before first submittal for Building Permit.
b. 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.
c. At the time of the first submittal for Building Permit, the Developer shall submit vector
based electronic files readable in PDF format. Additionally, after the Construction
Drawings have been found to be technically correct and in substantial conformance
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with the approved A/S13-05, the Developer shall again submit vector based electronic
files readable in PDF format.
d. If access to adjacent property will be necessary to construct and install proposed
improvements on adjacent private properties, then a letter granting access will be
required on the first submittal for Building Permit.
e. The Developer shall locate stationary noise -generating equipment as far away from
existing residences as feasible during construction.
f. The Developer shall provide security fencing around the site during construction of
the project to the satisfaction of the Public Works Director.
g. Existing septic tanks and leech fields shall be abandoned per Santa Clara County
Health Department Standards.
h. All existing utility poles shall be removed and all utilities placed underground. No new
poles are allowed.
At building permit stage, plans shall include the proposed arrangement of bikes inside
the bike storage area.
40. FEES
a. The developer shall pay all city and other related fees that the property is subject to.
These fees shall be based on the current comprehensive fee schedule in effect at the
time of fee payment and in accordance with city policy.
b. Prior to first Building Permit, the Developer shall submit an estimate of the probable
cost of improvements, pay all plan check and inspection fees, enter into a property
improvement agreement, and provide payment and performance bonds.
41.TRANSPORTATION
a. Prior to first Building permit, applicant shall submit photometric plans.
b. All joint trench shall have (4) dedicated 1 ''/2' SCH 80 PVC conduit for City Fiber Optic
need in a Quad duct arrangement. Quad duct shall be as per City STD El-11.
c. All street light conduits shall be 2" SCH40 PVC as per City Standard EL-1 and related
pull boxes shall follow City Standard EL-14.
d. Final streetlight locations shall be to the satisfaction of the City Transportation
Engineer.
e. 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
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edition of the California Manual on Uniform Traffic Control Devices. The Traffic
Control Plan shall be included in the Improvement Plans.
f. Provide a public -to -private road transition per STR-4. The 6' wide concrete apron
needs to be behind the crosswalk and right-of-way.
42. GRADING/DRAINAGE
a. Grading shall be such that it does not create any adverse impacts to neighboring
properties.
b. All grading activity shall address National Pollutant Discharge Elimination System
(NPDES) concerns. 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. 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 Improvement Plan approval.
c. All grading operations and soil compaction activities shall be per the approved project
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 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.
d. Prior to issuance of the first building permit, 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.
43. LANDSCAPE MAINTENANCE AGREEMENT
a. A Landscape and Maintenance Agreement shall be required and recorded. Owner
shall cause all roadside landscaping on the project's Kern Avenue frontage to be
constructed and installed in a good and workmanlike manner, in accordance with the
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Approved Landscape Plans, the A/S Approval, and all other federal, state, county,
City and other governmental statutes, laws, rules, orders, regulations, and ordinances
applicable to the Project, at Owner's sole cost and expense.
44. WATER
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, which was adopted on August 4, 2014 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.
All construction water from fire hydrants shall be metered and billed at the
current hydrant meter rate.
ii. 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.
iii. 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.
b. 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.
c. Water services shall be 1.5' minimum with 1" meter. Service/meter shall be upsized if
necessary water pressure is not met.
This project is subject to post -construction stormwater quality requirements per Section
27D of the Gilroy Municipal Code. Post -construction treatment measures must be
reviewed and approved by the Engineering Division prior to Improvement Plan approval.
a. Stormwater BMP Operation and Maintenance Agreement
Prior to the issuance of any building permit requiring stormwater management
BMPs, the owner(s) of the site shall enter into a formal written Stormwater BMP
Operation Maintenance Agreement with the City. The City shall record this
agreement, against the property or properties involved, with the County of Santa
Clara 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.
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ii. This Agreement shall require that the BMPs not be modified and BMP
maintenance activities not alter the designed function of the facility from its
original design unless approved by the City prior to the commencement of the
proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance or repair is
neglected, or the stormwater management facility becomes a danger to public
health or safety, the city shall have the authority to perform maintenance and/or
repair work and to recover the costs from the owner.
iv. All on -site stormwater management facilities shall be operated and maintained
in good condition and promptly repaired/replaced by the property owner(s), an
owners' or homeowners' association or other legal entity approved by the City.
V. Any repairs or restoration/replacement and maintenance shall be in accordance
with City -approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of any
stormwater management facility and shall describe the maintenance to be
completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the approved
Stormwater Runoff Management Plan.
b. Stormwater BMP Inspections will be required for this project and shall adhere to the
following:
The property owner(s) shall be responsible for having all stormwater
management facilities inspected for condition and function by a knowledgeable
third party.
Unless otherwise required by the Public Works Director or designee, stormwater
facility inspections shall be done at least twice per year, once in Fall, in
preparation for the wet season, and once in Winter. Written records shall be
kept of all inspections and shall include, at minimum, the following information:
(a) Site address;
(b) Date and time of inspection;
(c) Name of the person conducting the inspection;
(d) List of stormwater facilities inspected;
(e) Condition of each stormwater facility inspected;
(f) Description of any needed maintenance or repairs; and
(g) As applicable, the need for site re -inspection.
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iii. Upon completion of each inspection, an inspection report shall be submitted to
Public Works Engineering no later than October 1st for the Fall report, and no
later than March 15th of the following year for the Winter report.
46. UTILITIES
a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic
rated boxes and lids.
b. 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.
c. The Developer/Contractor shall raise the inlet above the finish grade at the
community garden.
d. The Developer/Contractor shall make accessible any or all City utilities as directed by
the Public Works Director.
e. A note shall be placed on the composite joint trench plans which states that the
composite joint trench plan agrees with City Codes and Standards and that no
underground utility conflict exists.
f. Private Utilities. Storm and sewer lines in private areas shall be privately maintained
unless approved by the Public Works Director.
g. The existing electrical boxes in the street shall be relocated behind curb & gutter.
h. 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:
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.)
2. 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.
3. "Will Serve Letters' from each utility company for the subdivision shall be
supplied to the City.
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4. The City will collect the plan check and inspection fee for the utility
underground work.
i. Prior to any construction of the dry utilities in the field, the following will need to be
supplied to the City:
1. A professional engineer -signed and PG&E -approved original electric plan.
2. 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.
47. ENCROACHMENT PERMIT.
a. The developer shall be required to obtain a separate City of Gilroy encroachment
permit for all work in the City right-of-way. Off -site improvement plans shall be
submitted and approved prior to first Building permit.
b. The developer shall submit an estimate of the probable cost of improvements, pay all
plan check and inspection fees, enter into a property improvement agreement,
provide insurance and performance bonds.
48. NOTICING. At least one week prior to commencement of work, the Developer shall post at the site
and mail to owners of property within (300') three hundred feet of the exterior boundary of the project
site, to the homeowner associations of nearby residential projects and to the Engineering Division, 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.
49. START OF CONTRUCTION. 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.
50. WORKING HOURS. 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 will apply additional
construction period restrictions, as necessary, to accommodate standard commute traffic along
arterial roadways and along school commute routes.
51. WORK INSPECTION. All work shown on the improvement plans shall be inspected. Uninspected
work shall be removed as deemed appropriate by the Public Works Director.
52. HAUL PERMIT. 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.
53. DUST CONTROL. 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
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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.
54. CONSTRUCTION STREET 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).
55. SILT AND MUD. 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.
56. RESTORATION OF 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. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs,
pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and
replaced to a condition equal to or better than the original condition. Existing improvement to be
repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall
comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing conditions.
57. CONTRUCTION STAGING. Developer shall create a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and material storage area. This
plan shall be subject to review and approval by the Engineering Division prior to the issuance of a
grading permit.
58. FIRE FLOW. Certification of fire flow test for each zone is required prior to final permit, the highest
elevation is to be tested (Add to general notes on Plan Title sheet). Fire flow for the project shall be
modeled for a minimum of 1,500 gpm for residential fire flow. Street Hydrants shall be placed every
300 feet and within 150 feet of any building. Off -site improvement plan shall provide Fire Hydrant
per the City Standard. Hydrants shall be installed prior to commencement of construction with
combustible materials.
59. MONUMENTS
a. A minimum of one exterior monument shall be set. Additional monuments can be
required by the Public Works Director or City Surveyor as deemed necessary.
b. Monuments shall be located and referenced by or under the direction of a licensed land
surveyor or licensed civil engineer legally authorized to practice land surveying prior to
work. Any City monuments damaged, displaced or destroyed shall be replaced at the
developer's sole expense.
Resolution No. 2015-25
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60. GRADE CERTIFICATION. 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.
61. IMPROVEMENTS CERTIFICATION. Certification of improvements on the site plans are required
prior to Building final (add to general notes on Title Sheet of Plans).
62. RETAINING WALL CERTIFICATION. Certification is required by the design engineer of the design
and construction for all retaining walls shown on the improvement plans prior to final acceptance of
the subdivision.
63. ACCEPTANCE OF IMPROVEMENTS. 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.
FIRE MARSHAL STANDARD CONDITIONS
64. The developer shall provide electronic gates that opens with a Fire Department
radio signal (click to open) and has FD/PD key override) as part of the first
improvement plan submittal, subject to the review and approval of the Fire Marshal.
A building permit is required for the gate.
65. The developer shall provide a PIV for each building as part of the first improvement
plan submittal, subject to the review and approval of the Fire Marshal. A Fire
Underground Permit is required.
66. All carports over 1,000 square feet shall be protected by Fire Sprinklers. The
developer shall submit Fire Sprinkler Plans simultaneous with the first building
permit submittal.
67. All apartments shall be provided with residential fire sprinklers meeting 13R, except
that risers shall be steel and if passing between floors shall also be steel. All
concealed spaces, including attics shall be protected. Submit Fire Sprinkler Plans
simultaneous with the first building permit submittal. City standards include:
a) System to comply with NFPA 13R subject to plan review, permit and inspection by
the City.
b) Riser shall be interior. Riser Room to be labeled and provided with a knox key.
c) All attached enclosed garages and attached carports shall be provided with
sprinkler protection.
d) At least 1 sprinkler of each type shall be present in the spare head box at final.
e) An exterior bell/horn shall be installed on each building. A horn device shall be
provided for the interior living space.
Resolution No. 2015-25
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f) Sprinkler coverage shall be provided underneath stairwells when used as storage,
closets or bathrooms (even if less than 55 sq ft).
68. Each Building shall have an address assigned by the Engineering Division prior to
building permit submittal. Each building address shall be visible from the driveway
and illuminated at night. Units shall have an address that shall be visible from the
side of approach. An illuminated address shall be on the front door side of each
unit and at a minimum of 60 inches from the ground. This condition is subject to the
review and approval of the Fire Marshal.
69. All Dwelling units shall have a path of travel to the public way that is a minimum of
36 inches wide. If gated off, a latch that is accessible from the dwelling unit side
shall be provided.
70. Egress Windows shall be provided on all sleeping rooms. A room that does not
have a clearly defined use as a kitchen, closet, dining room, living/family room or
study shall be considered a bedroom. Studies/libraries with closets shall be treated
as bedrooms. Storage rooms that are provided with windows, and electrical outlets
and are greater than 50 square feet may also be considered bedrooms if attached
to a dwelling unit.
71. At the time of improvement plan submittal, plans shall delineate an illuminated site
diagram installed at the driveway entrance showing location and addresses of all
buildings and Fire Apparatus location on the site. Show on Plans and note
condition. A Fire Site Permit shall be obtained at the first Building Permit.
72. At the time of improvement plan submittal, plans shall indicate that private access
driveways shall have the curbs painted red where parking is not designated. Show
red curbing on plans. A Fire Site Permit shall be obtained at the first Building
Permit.
POLICE DEPARTMENT SPECIAL CONDITIONS
73. The developer shall provide lighting attached to the underside of the carports at a
minimum of 3.0 foot-candles. This condition is subject to the review and approval
of the Police Chief prior to building permit issuance.
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Page 17
PASSED AND ADOPTED this 2nd day of July 2015 by the following roll call vote:
AYES: COMMISSIONERS:
Rodriguez
NOES: none
ABSENT: COMMISSIONERS:
ATTEST:
Sanford, Lai, Ashford, Kloecker, Fischer,
Gullen
APPROVED:
Sue Rodriguez, Vice irperson