Resolution No. 2020-04 | Tentative Map TM 19-01 Three Single-Family Residential Lots at 95 Farrell Drive | Adopted 02/06/2020RESOLUTION NO.2020-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY
APPROVING TENTATIVE MAP TM 19-01, A SUBDIVISION TO ALLOW 3
SINGLE-FAMILY RESIDENTIAL LOTS AND A DESIGNATED REMAINDER
ON 0.99 ACRES AT 95 FARRELL DRIVE, APN 790-07-007, FILED BY
MICHAEL KUANG, PROPERTY OWNER, GILROY, CA 95020.
WHEREAS, on December 12, 2019, the property owner submitted an application
requesting a tentative map to subdivide a 0.99 acre site into 3 residential lots, with a designated
remainder lot; and
WHEREAS, the Planning Commission, by separate resolution, has recommended
application Z 19-03 to amend the zoning map for the property to change the site from R-1 PUD to
R-1 zoning district, which is required to permit the a standard residential subdivision of the
property; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the tentative
map request, in accordance with the Gilroy Zoning Ordinance, City's Subdivision and Land
Development Code, the State Subdivision Map Act, and other applicable standards and
regulations; and
WHEREAS, said tentative map was referred to various public utility companies, outside
agencies, and City departments, including the Technical Advisory Committee for
recommendations; and
WHEREAS, review and approval of Tentative Map TM 19-01 is exempt from environmental
review under the California Environmental Quality Act ("CEQA") pursuant to the provisions of
Section 15315 of the CEQA Guidelines, which applies to a minor in -fill residential subdivision of
four or fewer lots; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. The proposed Tentative Map is consistent with the goals and policies of the Gilroy 2020
General Plan in that proposes single family residential development on an in -fill parcel
served by utilities and streets, and at a density of four units per acre which would
implement the Low Density Residential land use designation and 3 to 7.25 unit per acre
density range.
2. The proposed development is consistent with the Zoning Ordinance and the City's
Subdivision and Land Development Code, and the State Subdivision Map Act given that
the project complies with the lot size and area, results in orderly development and would
be required to make frontage improvements, and pay all required development impact fees
for further residential development as required by City ordinances.
Resolution No. 2020-04
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Attachment A
Conditions of Approval
TM19-01
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
PLANNING DIVISION CONDITIONS
1. Approval of TM 19-01 (19120016) (hereinafter "this permit") is subject to approval of
rezoning Z 19-03 to rezone the subject property from R-1 PUD to R-1. If the rezoning action
is denied, this approval shall be void.
2. Approval is granted for approved plans stamped as "Approved on February 6, 2020" ("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)
3. Developer means permit applicant, property owner, operator, permittee, 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)
4. 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 No. 2020-04
Page 4
resolution or any condition attached thereto or any proceedings, acts or determinations
taken, including actions taken under the California Environmental Quality Act of 1970, as
amended, done or made prior to the approval of such resolution that were part of the
approval process. (CA, G-3)
5. 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)
6. 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)
7. 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. (PL, G-
9)
8. 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 that could be required
during drought emergencies pursuant to the Gilroy City Code Chapter 27.98. (PL/PW, G-10)
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.
(P L/CA, G-11)
10. 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).
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)
11. 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. This
shall require payment of nitrogen deposition only habitat mitigation fees for each residence
at time of building permit. (PL, PL-9)
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12. 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 (PLBL, PL-11)
"During earth -moving, grading, and construction activities, Developer shall implement the
following measures at the construction site:
(A) Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on
Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays
and City -observed holidays;
(B) Locate stationary noise -generating equipment as far as possible from sensitive receptors
when sensitive receptors adjoin or are near a construction project area;
(C) Construct sound walls or other noise reduction measures prior to developing the project
site;
(D) Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment;
(E) Prohibit all unnecessary idling of internal combustion engines;
(F) Utilize "quiet" models of air compressors and other stationary noise sources where
technology exists; and
(G) Designate a "disturbance coordinator' who would be responsible for responding to any
complaints about construction noise. The disturbance coordinator will determine the
cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable
measures be implemented to correct the problem."
13. 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
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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."
14. In the event of an accidental discovery of archaeological resources during grading or
construction activities, Developer shall include the following language on any grading, site
work, and construction plans issued for the project site (BL/PL, PL-13):
"If archaeological or cultural resources are discovered during earth -moving, grading, or
construction activities, all work shall be halted within at least 50 meters (165 feet) of the
find and the area shall be staked off immediately. The monitoring professional archaeologist,
if one is onsite, shall be notified and evaluate the find. If a monitoring professional
archaeologist is not onsite, the City shall be notified immediately and a qualified
professional archaeologist shall be retained (at Developer's expense) to evaluate the find and
report to the City. If the find is determined to be significant, appropriate mitigation measures
shall be formulated by the professional archaeologist and implemented by the responsible
party-""
15. In the event of an accidental discovery or recognition of any human remains, Developer shall
include the following language in all grading, site work, and construction plans (BL/PL, PL-
14):
"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
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representative rejects the recommendation of the descendent, and the mediation by the
Native American Heritage Commission fails to provide measures acceptable to the
landowner."
GENERAL ENGINEERING CONDITIONS OF APPROVAL
16. GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line
types and labels to identify different type of utilities and pipe sizes. Clearly identify both
public and private utilities.
17. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved
Conditions of Approval.
18. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy
General Guidelines.
19. GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities
(Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the
maintenance responsibilities of all facilities.
20. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local
agencies as required to construct the proposed improvements. A copy of these permits will
be provided prior to building permits.
21. GENERAL— Improvement plans are required for both on -site and off- site improvements.
22. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles
removed along the property frontage. Show the new risers location, the poles being
removed and the overhang wires being undergrounded.
23. GENERAL - All existing public utilities shall be protected in place and if necessary
relocated as approved by the City Engineer. No permanent structure is permitted within City
easements without the approval of the City of Gilroy.
24. GENERAL - Prior to any work within public right of way or City easement, the developer
shall obtain an encroachment permit from the City.
25. GENERAL — Developer is required to confirm the location of existing utility lines along the
project frontage by potholing. Prior to any potholing, developer shall submit a pothole plan
for City review and approval. Developer shall provide the pothole result to the City
Engineer prior to final design.
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26. GENERAL - All improvements shall be designed and constructed in accordance with the
City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all
laws of the City of Gilroy by reference.
27. GENERAL - Prior to issuance of any building permits, developer shall submit for City
approval water, sewer and storm drain studies for the development. These studies shall
provide supporting hydraulic calculation for pipe sizing per City standard design guideline.
28. GENERAL - At first improvement plan submittal, developers engineer shall submit a
calculation for sanitary sewer and water generation per the City's Master Plan design
criteria.
29. FEE - The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and
Public Facilities Development Impact Fees. Latest City impact fee schedule is available on
the City's website. Payment of Impact Fees is required at first building permit issuance.
Fees shall be based on the current comprehensive fee schedule in effect at the time of fee
payment, consistent with and in accordance with City policy.
30. FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the
project engineer, subject to City Engineer approval. Cost estimate shall be broken out into
on -site and off -site improvements.
31. FEE - Prior to final plan approval, Developer shall pay 100% of the plan check and
processing fees and other related fees that the property is subject to, enter into a property
improvement agreement, and provide payment and performance bonds.
32. GRADING & DRAINAGE - 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 added to the grading plans prior to plan approval.
33. GRADING & DRAINAGE - Prior to building permit issuance, the applicant's Geotechnical
Engineer shall review the final grading, pavement design and drainage plans to ensure that
said designs are in accordance with their recommendations and the peer review comments.
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The applicant's Geotechnical engineer's approval shall then be conveyed to the City either
by letter or by signing the plans.
34. GRADING & DRAINAGE - At first improvement plan submittal, the developer shall
submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer.
The SWMP shall analyze the existing and ultimate conditions and facilities, and the study
shall include all off -site tributary areas. 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.
35. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical
elevation datum, date of survey, and surveyor.
36. GRADING & DRAINGE - Improvement and grading plans shall show existing topo and
features at least 50' beyond the project boundary. Clearly show existing topo, label contour
elevations, drainage patterns, flow lines, slopes, and all other property encumbrances.
37. GRADING & DRAINAGE -- Geotechnical Engineer to confirm infiltration rates through
core sample testing with appropriate safety factors of all stormwater detention and/or
retention facilities.
38. PUBLIC IMPROVEMENTS — Prior to Parcel Map recordation, 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.
39. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing
improvements not designated for removal and all new improvements 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.
40. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at
the current hydrant meter rate.
41. CONSTRUCTION -The City shall be notified at least ten (10) 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.
42. CONSTRUCTION - Construction activity shall be restricted to the period between 7:00 a.m.
to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general
construction activity. No work shall be done on Sundays and City Holidays. The Public
Works Director will apply additional construction period restrictions, as necessary, to
Resolution No. 2020-04
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accommodate standard commute traffic along arterial roadways and along school commute
routes.
43. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be
inspected. Uninspected work shall be removed as deemed appropriate by the Public Works
Director.
44. CONSTRUCTION - If the project has excess fill or cut that will be off -hauled to a site or
on -hauled from a site within the city limits of Gilroy, an additional permit is required. This
statement must be added as a general note to the Grading and Drainage Plan.
45. CONSTRUCTION - 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.
46. CONSTRUCTION - At least one week prior to commencement of work, the Developer shall
post at the site and mail to the Engineering Division and to owners of property within (300')
three hundred feet of the exterior boundary of the project site a notice that construction work
will commence on or around the stated date. The notice shall include a list of contact
persons with name, title, phone number and area of responsibility. The person responsible
for maintaining the list shall be included. The list shall be current at all times and shall
consist of persons with authority to initiate corrective action in their area of responsibility.
The names of individuals responsible for dust, noise and litter control shall be expressly
identified in the notice.
47. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all
improvements shall be completed to the satisfaction of the Planning Director and City
Engineer.
48. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control
plan prepared by a licensed professional engineer with experience in preparing such plans.
Traffic Control Plan shall be prepared in accordance with the requirements of the latest
edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control
Plan shall be approved prior to the commencement of any work within the public right of
way.
49. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as
directed by the Public Works Director.
PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL
50. FEE - The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and
Public Facilities Development Impact Fees. The following are approximate impact fees
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based on planning phase square footage and other information for a Residential -Low
Development project. Actual fees will be based on Final Design information.
a. Street Tree Development=$74.42
b. Storm Development = $564.00
c. Sewer Development = $50,004.00
d . Water Development = $175176.00
e. Traffic Impact = $47,632.00
f. Public Facilities = $855272.00
Latest City impact fee schedule is available on the City's website. Payment of Impact Fees
is required at building permit issuance. Fees shall be based on the current comprehensive
fee schedule in effect at the time of fee payment, consistent with and in accordance with
City policy.
51. FEE — Prior to Parcel Map recordation, developer shall submit a $10,000 (Ten Thousand)
initial deposit for plan check and processing. This deposit will be credited/accounted for
toward final at first improvement plan submittal plan check and inspection fee.
52. GENERAL — Developer is required to evaluate the conditions of the existing utility lines
along the project frontage by videotaping and providing the result to the City Engineer. If
the integrity of existing utilities found to be compromised, developer will be required to
repair, or remove and replace if necessary, to the City Engineer satisfaction.
53. GENERAL - A Title Report shall be submitted with first submittal improvement plans.
An existing site plan shall be submitted showing all existing site conditions and title report
easements. Include bearings and distances for all Right of Way and Easements on the
plans.
54. GENERAL - The Developer shall provide a "composite plan" showing Civil, Landscape,
Electrical, and Joint Trench design information (as a separate sheet titled "Composite
Plan") to confirm that there are no conflicts.
55. GRADING & DRAINAGE - All grading operations and soil compaction activities shall be
per the approved project's design level geotechnical report. All grading activities shall be
conducted under the observation of, and tested by, a licensed geotechnical engineer. A
report shall be filed with the City of Gilroy for each phase of construction, stating that all
grading activities were performed in conformance with the requirements of the project's
geotechnical report. The developer shall add this condition to the general notes on the
grading plan.
56. GRADING & DRAINAGE — All project storm drains shall be connected to Farrell Avenue
storm drain system.
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57. PUBLIC IMPROVEMENTS - Prior to issuance of any building permit, a parcel map shall
be recorded showing Farrell Avenue street right of way dedications.
58. PUBLIC IMPROVEMENTS — 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:
A. Widening of Farrell Avenue to ultimate right of way consistent with future street right
of way line.
B. New pavement, curb, gutter, driveway and sidewalk along Farrell Avenue project
frontage.
C. Installation of one new City standard streetlights along project frontage. Final
streetlight locations shall be to the satisfaction of the City Transportation Engineer and
shall follow City standards.
D. Landscaping and trees along Farrell Avenue frontage.
E. Existing overhead utilities shall be undergrounded and related utility poles removed
along the property frontage. Clearly show the new riser location and the poles to be
removed.
F. Grind and overlay the entire width of Farrell Avenue frontage with a minimum 2-1 /2"
hot mix AC, and with dig -outs and repair as necessary to the City Engineer satisfaction.
Extend of the dig -outs to be determined by field inspection between Developer and
City inspector.
G. The project shall provide pavement markings and striping along project frontage (full
roadway width).
H. Project shall provide transition form existing to new sidewalk. The sidewalk transition
shall be in compliance with ADA requirements.
I. Utility boxes, hydrants, backflow preventers, etc. to be relocated and installed behind
the back of sidewalk.
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.
59. CONSTRUCTION - All portions of the site subject to blowing dust shall be watered as often
as deemed necessary or a minimum of three times daily. 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.
60. CONSTRUCTION - 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).
61. UTILITIES — All new services to the development shall be "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
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cabinets shall be placed underground unless otherwise approved by the Planning Director
and the City Engineer. Underground utility plans must be submitted prior to installation.
62. UTILITIES - The following items will need to be completed prior to first building permit
submittal:
a. The Developer shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and cables
including the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction structures as a
part of the Improvement Plan submittals for the project. Show preferred and
alternative locations for all utility vaults and boxes if project has not obtained PG&E
approval. A licensed Civil or Electrical Engineer shall sign the composite drawings
and/or utility improvement plans. (All dry utilities shall be placed underground).
b. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other
utilities subject to the review and approval by the Engineering Division and the utility
companies.
c. Will Serve Letter" from each utility company for the subdivision shall be supplied to
the City.
63. UTILITIES - A note shall be placed on the joint trench composite plans which states that
the plan agrees with City Codes and Standards and that no underground utility conflict
exists. The Joint consultant shall provide the City a separate "project utility composite
plan" showing all Civil, Landscape, electrical, and joint trench information to confirm that
there are no conflicts with joint trench plan utilities.
64. UTILITIES - Prior to any construction of the dry utilities in the field, the following will
need to be supplied to the City:
i. A professional engineer- original electrical plan.
ii. A letter from the design Electrical or Civil Engineer that states the electrical plan
conforms to City codes and Standards, and to the approved improvement plans.
65. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have
traffic rated boxes and lids.
66. UTILITIES - The Developer shall perform Fire Hydrant test to confirm water system
will adequately serve the development, and will modify any part of the systems that does
not perform to the standards established by the City. Developer shall coordinate with Fire
Department for the Fire Hydrant test.
67. UTILITIES - 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),
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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.
68. 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.
69. WATER QUALITY - Proposed development shall comply with state mandated regional
permits for both pre -construction and post -construction stormwater quality requirements per
chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following:
g. At first improvement plan submittal, project shall submit a design level Stormwater
Control Plan Report (in 8 %2 x 11 report format), to include background, summary, and
explanation of all aspects of stormwater management. Report shall also include
exhibits, tables, calculations, and all technical information supporting facts, including
but not limited to, exhibit of the proposed site conditions which clearly delineates
impervious and pervious areas on site. Provide a separate hatch or shading for
landscaping/pervious areas on -site including those areas that are not bioretention
areas. This stormwater control plan report format does not replace or is not in lieu of
any stormwater control plan sheet in improvement plans.
h. The stormwater control plan shall include a signed Performance Requirement
Certifications specified in the Stormwater Guidance Manual.
L At developer's sole expense, the stormwater control plan shall be submitted for review
by an independent third party accepted by the City for compliance. Result of the peer
review shall be included with the submittal for City evaluation.
j. Prior to plan approval, the Developer of the site shall enter into a formal written
Stormwater BMP Operation and Maintenance Agreement with the City, including
Exhibit A and Exhibit B.
i. The City shall record this agreement against the property or properties
involved and it shall be binding on all subsequent owners of land served by
the stormwater management treatment BMPs. The City -standard Stormwater
BMP Operation and Maintenance Agreement will be provided by Public
Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP
maintenance activities not alter the designed function of the facility 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
Resolution No. 2020-04
Page 15
public health or safety, the city shall have the authority to perform
maintenance and/or repair work and to recover the costs from the owner.
iv. All on -site stormwater management facilities shall be operated and maintained
in good condition and promptly repaired/replaced by the property owner(s) or
other legal entity approved by the City.
v. Any repairs or restoration/replacement and maintenance shall be in accordance
with City -approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of any
stormwater management facility and shall describe the maintenance to be
completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the approved
Stormwater Runoff Management Plan.
k. Stormwater BMP Operations and Maintenance Agreement shall include inspections to
be required for this project and shall adhere to the following:
i. The property owner(s) shall be responsible for having all stormwater
management facilities inspected for condition and function by a certified
third party QSP or QSD.
ii. Stormwater facility inspections shall be done at least twice per year,
once in Fall by October 1st, in preparation for the wet season, and once in
Winter by March 15th. Written records shall be kept of all inspections and
shall include, at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re -inspection.
I. Upon completion of each inspection, an inspection report shall be submitted to Public
Works Engineering no later than October I" for the Fall report, and no later than
March 15 of the following year for the Winter report.
m. 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.
70. WATER QUALITY - The developer is responsible for ensuring that all contractors are
aware of all storm water quality measures and implement such measures. Failure to
comply with the approved construction BMPs will result in the issuance of correction
notices, citations or a project stop order.
Resolution No. 2020-04
Page 16
71. WATER QUALITY - The developer shall secure a QSD or QSP to maintain all erosion
control and BMP measures during construction. The developers QSD or QSP shall
provide the City weekly inspection reports.
72. Prior to site improvement plan submittal, address all red -mark comments and concerns
shown on the Engineering Exhibit "S" date 10/7/2019
Resolution No. 2020-04
Page 2
3. Public utilities and infrastructure improvements needed in order to serve the proposed
project are available along the property frontage at Farrell Avenue.
4. There will be no significant environmental impacts as a result of this project given that it
consists of in -fill residential development on a level site, requiring minimal grading and
there are no unique environmental conditions associated with the property.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby approves the tentative map, TM 19-01 subject to the conditions in Attachment A.
PASSED AND ADOPTED this 6t' Day of February 2020 by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
\JA' �A AAA'�
J li Wyrick, Secre y
Doyle, Morales, Fleming, Rudeen, Estorga, Fischer
None
None
APPROVED:
`Tom Fis er