Resolution No. 2016-04 | Architectural and Site Review (AS 14-41) Senior Apartment Complex | Adopted 02/18/2016RESOLUTION NO. 2016— 04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING ARCHITECTURAL AND SITE REVIEW AS 14 -41,
TO ALLOW THE CONSTRUCTION OF A FOUR-STORY, 75 -UNIT
AFFORDABLE SENIOR APARTMENT COMPLEX ON A 1.86 -ACRE
SITE LOCATED ON THE EAST SIDE OF''MONTEREY STREET NORTH
OF ERVIN COURT (APN 841 -14 -011). FILED BY GENE BROUSSARD,
AMG AND ASSOCIATES, 16633 VENTURA BOULEVARD, SUITE 1014,
ENCINO, CA. 91436
WHEREAS, AMG -and Associates ( "Applicant ") submitted AS 14 -41, requesting
the development of 75 residential units known as the Gateway senior apartments; and
WHEREAS, the subject property is located on the east side of Monterey Street
north of Ervin Court within the Downtown Gateway_ zoning_ district (Assessor Parcel
Number 84111=14 -011); and
WHEREAS, the allowable density within the Downtown Gateway zoning_ district is
30 du /acre, or 56 units for the 1.86 -acre site; and
WHEREAS, the Applicant has requested a 35% density bonus under the
provisions of Gilroy City Code 30.46.40, increasing the allowable number of units to 75;
and
WHEREAS, the Applicant has also requested exceptions or concessions to two
development standards of the Downtown Gateway zoning district for building height and
perimeter landscaping as allowed per Gilroy City Code 30.46.40; and
WHEREAS, the project is proposed to be 100% affordable consisting 89
percent of the units for low income households and 11 percent for very low income
households; and
WHEREAS, the Planning Commission reviewed the related Residential
Development Ordinance application, RDO HE 14 -02, at a duly noticed public hearing on
November 5, 2015, and recommended that the City Council approve allocation of 75
RDO Housing Exemption units under the Downtown category; and
WHEREAS, on December 7, 2015, the City Council reviewed and approvedi the
allocation of 75 RDO Housing Exemption units under the Downtown category; and_
Resolution No. 2016 -04
Page 2 -
WHEREAS, the Planning Commission of the City of Gilroy has considered the
Staff Report dated February 18, 2016, along_ with testimony received at the duly- noticed
public hearing; and
WHEREAS, the Planning Commission finds the architectural and site review
application conforms to the City's General Plan and elements thereof.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Gilroy approves AS 14 =41, subject to the following conditions:
GENERAL PROJECT CONDITIONS
1. 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 granted by the, Planning Manager, pursuant to the City Code.
2. Approval of AS 14 -41 (hereinafter "this permit") is granted_ for approved plans
stamped as "Received) on May 22, 2016" ( "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, 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)
4. Developer shall obtain building permits for the plans within one (1) year from the
date of this 'permit approval. If such building permits are not received within the
time frame, this permit shall automatically become null and void. (PL, G =13)
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 occupancy, Developer shall complete all required offsite and onsite
improvements related to'the project, 'including structures, paving, and landscaping,
unless otherwise allowedi by the Community Development Director, or stated in
these conditions. (BL, G =8)
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7. Developer agrees, as a condition of permit approval, at Developer's own expense,
to defend, indemnify, and hold harmless the City of Gilroy ( "the City ") and its
officers, contractors, consultants, attorneys, employees and agents from any and
all ,claim(s), action(s) or proceeding(s) brought against the City or it's officers,
contractors, consultants, attorneys, employees, or agents to challenge, attack, set
aside, void or annul the approval of this resolution or any condition attached
thereto or any proceedings, acts or determinations taken, including actions taken
under the California Environmental Quality Act of 1970, as amended, done or
made prior to the approval of such resolution that were part of the approval
process. (CA, G -3)
8. 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)
9. 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)
10. Failure to appeal this decision in a timely manner, or commencement of any
activity related to the project, is understoodi to clarify Developer's acceptance of all
conditions and obligations imposed by this permit and waiving any challengenge to the
validity of the conditions and obligations stated therein. (CA, G -4)
11. 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. (PUPW, G-10)
PLANNING DIVISION STANDARD CONDITIONS
12. 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. (PUBL, PL-1)
13. Developer shall submit plans for building, permit applications that include all
exterior building materials andl 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)
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14. Developer shall submit plans for building permit applications that include, on all
sets, a reproduction of all co_ nditio_ ns of approval of this permit, as adopted by the
decision - maker. (PL, PL -3)
115. Prior to issuance of buildingi 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)
16. 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 -6)
17. 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
locatiorn that does not constitute a hazard to vehicular traffic, either on private
property or on public property, including streets. Such lighting shall snot conflict with
drainage plans, landscape plans, tree locations, parking spaces, or any other such
land use concerns. (PL, PL-7)
18.. 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- -8)
19. 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 identifyingi the trees to be saved, transplanted or removed.
2_0. Prior to issuance of a certificate of occupancy, Developer shall_ install' landscape
and automatic irrigation systems that have been approved by the 'Planning
Division. The applicant shall provide certificate verifying that the landscape and
irrigation has been installed, in accordance with the approved plans and in
compliance with the State Model Water Efficient Ordinance (MWELO). The
certificate shall be provided by a licensed landscape architect or other person
authorized in California to design a landscape, in compliance with MWELO.
21. 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
Resolution'No. 2016 -04
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required screening shall be to the satisfaction of the C_ ommunity Development
Director or designee. (PL-, PL -24)
22. Prior to issuance of building permits, Developer sh_a'll (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 -25)
23. Prior to issuance of building permits or initiation of the proposed use, whichever
comes first, Developer shall submit a completed Landscape Docu__ment_at_ion
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 approvai of such
plans. (PL, PL -26)
24. 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 -27)
25. 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 MWEL' O.. (PL, PL -28)
26. 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 -29)
27. 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 -30)
28. Developer is required under MWE_L-O to provide a copy of the approved Certificate_
of Completion to the property owner or his or her designee.- Prior to completion of
each build -out phase of development, Developer shall provide the Community
Development Director or designee a summary of each lot in that phase and timing
of compliance with this requirement. (PL, PL =31)
29. 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 revocation of this permit and initiation of legal proceedings
against Developer to ensure compliance.
30. 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
Resolution No. 2016 -04
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may require a modification to this approval, to be determined by the Community
Development Director Or designee. (PL)
31. 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)
32. Prior to issuance of building permits, Developer shall provide utility meters,
mechanical equipment, mailboxes ands address directories, placed in decorative
cabinets and clustered for efficient access by residents and service persons. The
final placement andi design shall be to the satisfaction of the Community
Development Director or designee. (PL)
33. Prior to issuance of building permits, Developer shall provide screening of all
mechanical equipment, post indicator valves, backflow prevention devices etc. All
ground mounted utility appurtenances such as transformers shall not be visible,
from any public right- of- way'and shall be adequately screened through the use or
combination of concrete or masonry walls, berms, and landscaping. In addition to
the above, backflow preventers shall be painted dark green, except the fire
connection which shall be painted yellow. The final placement and design of these
items shall be to the satisfaction of the Community Development Director or
designee. (PL)
34. Prior to issuance of building permits, Developer shall include identify the placement
and design of directory sign(s) and location map(s) for multi - family residential
projects. Such signs /maps shall be installed prior to occupancy of the first unit.
PL)
35. 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)
36. 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 wills be issued only after payment of assessed fees and approval of
the ;Habitat Plan permit. (PL, PL -9)
37. Prior to issuance of a grading permit-, Developer shall present to the Community
Development Director or designee, a receipt issued by Santa Clara County for full
payment of the Santa Clara Valley Habitat Plan fees for associated with the
proposed development. Such receipt shall be dated within six (6) months of the
grading permit issuance date, or the fee amount_ may be reassessed and
difference collected at the time of grading permit issuance. (PL)
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38. 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 (PL- /BL, PLA 0):
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 O.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. "'
39. 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 -10):
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 onsit'e 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 pathway_ s 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 shag be laid as soon as possible after
grading unless seeding or soil binders are used;
f. Idling times shall be m_iinimized 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
Resolution No. 2016 -04
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California Code of Regulations [CCR]). Clear sig_ nag_ a shall be provided for
construction workers at all access points;
g. All construction equipment shall' be maintained and properly tuned i'n
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."
PLANNING DIVISION SPECIAL CONDITIONS
40. Final landscape plans shall show details of the enhanced landscaping along the
Monterey Street frontage and shall include side and rear perimeter shrubs and
plantings that will grow to at least 4 feet high. In accordance with the Multi - Family
Residential Policy, the landscaping plans shall show no single species of any
category of plants (trees or shrubs) to comprise more than'20 percent of the total
plant palette in that category and 33 percent of the plant material, provided at a
minimum size of 24" box for trees, five gallon for shrubs, one gallon for perennials.
Planters shall be provided for each ground) floor unit, building entrance, each
sidewalk entry from the street and entry from the parking areas. Planting shall be
installed prior to final' or occupancy of any of the units as verified by the Planning
Division.
41. The architectural wall proposed to screen roof- mounted equipment shall be painted
to match the roof. Details of this shalli be provided as part of building permit
submittal.
42. The applicant shall provide a plan showing appropriate treatments, such'as
sunshades on additional windows, on the front elevation of the two, projecting wall
segments (shown in light yellow and clay orange) for the review and approval by
the Planning Manager prior to issuance of building, permits.
43. No ,trimming, cutting, pruning, or excavations within the "tree protection" area for
three,oak trees no. (Tree 341, 342 and 345). The applicant shall ensure tree
protection measures are installed prior to the Start' of grading and /or clearing work.
Prior to issuance of a building ,permit, the Applicant shall submit a letter to the
Planning Division signed the consulting arborist documenting that the tree
protection measures were completed according to the arborist's recommendations
and approved plans.
44. Nine oak trees (Tree 343/344, 346, 337, 338, 335, 336, 339, 340, and 337) are the
only trees permitted) to be removed with this Architectural and Site Review
approval and will be verified upon inspection. Removal of any other tree on site is
not permitted without undergoing review and receiving approval by the Planning
Resolution No_ . 2016 -04
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Manager. Prior to final of the building permit, the Applicant shall submit a letter to
the Planning Division signed by the consulting arborist indicating which trees are
significant trees in accordance with the City Landscaping Policy and confirming
each oak tree removed is replaced with an oak tree of 15 gallons in size within the
proposed landscaping in accordance with, the final landscape plans.
45. Prior to issuance of the building permit, the applicant shall work with a licensed
arborist to incorporate tree replacement (of the same tree types) within the project
site. All arborist recommendations shall be listed on the final landscape plans.
46. In order to avoid potential impacts to seasonally nesting birds on -site, prior to any
tree removal, the Developer shall provide a pre - construction nesting bird survey if
noise generation, ground disturbance, vegetation removal, or other construction
activities begin during the bird nesting season (February 1 to August 31).
47. Prior to issuance of the building permit, the Developer shall submit details of the
fencing design (wrought iron fence and sound attenuating wall) with the exact
location of each, including the wrought' iron fencing at 26 feet back from the face of
curb for review and approval by the Planning Manager. All fencing ,must have
decorative details and finishes of quality materials.
48. Prior to issuance of building permits, the applicant shall work closely with an artist
of their choice and_ obtain the following approvals: City Council approval for the
design of the proposed art piece; and Community Development Director approval
of the art piece's !location and maintenance mechanism. Prior to building permit
final, the applicant shall erect the approved art piece in the approved location along
the Monterey Street frontage. The developer must ensure that the art piece is
continuously maintained and is responsible for replacement, if necessary.
49. All low and very low income rental units must be affordable for a minimum of 30
years or longer period of time if required by the construction or mortgage financing
assistance program, mortgage insurance program,, or rental subsidy program.
Prior to issuance of building permits, the applicant shall execute and record at the
Santa Clara County recorder's office a deed restriction which explains the
affordability requirement and ensures that continued affordability consistent with
the termsofthisof (Section 30.46.40(i)(4)).
5G. The developer shall enter into a contract with the city agreeing to restrict the rental
rates of units and age of residents within this development, such that they are
consistent with the provisions of Gilroy City Code section 30.46.40. This condition
shall be subject to the review and approval of the Planning Division Manager.
51. The developer shall ensure that the trash enclosure is consistent with t_he
architecture of the building and includes a solid shade cover as approved by the
Planning (Manager prior to issuance of building permits.
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5.2. Developer shall maintain the parking areas free or liter and debris. Developer shall
sweep sidewalks, drive aisles, and parking lots regularly to prevent accumulation
of litter andi debris. When swept or cleaned, debris must be trapped and collected
to prevent entry into the storm drain system. Developer ma_y not discharge any
cleaning agent into the storm drain system.
53. Developer and operator shall provide literature in each apartment explaining the
importance of recycling, what can be recycled, and providing suggestions for
source reduction, as well as water and energy conservation. Such literature_ shall
be made available to the City upon request.
54. Prior to issuance of a building permit, ,project- specific acoustical analyses are
required to confirm that interior noise levels will be reduced to 45 dBA Ldn or
lower. The specific determination of what noise insulation treatments are
necessary will be conducted on a unit-by-unit basis. Results of the analysis,
including the description of the necessary noise control treatments, will be
submitted to the City along with the building plans and approved. Building_ sound
insulation requirements would' need to include the provision of forced -a-ir
mechanical ventilation for units throughout the site, so that windows could be kept
closed at the, occupant's discretion to control noise.
55. The Developer shall ensure that the project provides sound rated windows and
doors to, maintain noise levels at acceptable levels. Preliminary calculations made
based on the data contained in the conceptual design plans indicate that sound-
rated windows and doors with a sound transmission class rating of STC 29 would
be sufficient'to control noise and achieve the 45 dBA Ldn interior noise standard at
residential facades with line -of -sight to Monterey Road. The results of the
calculations showed that windows with line of sight to the UPRR corridor should be
28 STC or greater. Evidence of the interior noise standard shall be provided prior
to issuance of building permits.
ENGINEERING CONDITIONS
56'. As a condition of approval, the project shall construct an all- weather path on
unpaved sections along the east side of Monterey Road from the project site to the
southeast corner of Monterey Road at Tenth Street to provide a safe, walkable
path for residents to travel to and from nearby amenities.
57. Thep roject shall include and install bicycle improvements along, its frontage to be
consistent with the City's General Plan which shows future Class II bike lanes
along Monterey Road, south of Tenth Street. Said improvements shall be provided
to the City of Gilroy's Public Works Director /City Engineer for review and approval.
58. Developer shall perform all work in compliance with the City of Gilroy
Specifications Standards Design Criteria, and Development Agreement and is
subject to all laws of the City of Gilroy by reference. Street improvements and! the
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Page 11
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 Gilro_ y's Public_
Works Director /City Engineer.
a. 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.
b. As part of the first submittal of the Improvement Plans to the Engineering
Division, the Developer shall submit vector -based electronic files readable
in PDF format. Additionally, after the- Improvement Plans have been found
to be technically correct and in substantial conformance with the approved
Tentative Map, the Developer shall again submit vector -based electronic
files readable in PDF format.
C. The Developer shall provide security fencing around the site during
construction of the project to the satisfaction of the Public Works Director.
d. Developer shall coordinate an inspection with the Public Works Inspector
for proposed buildingi prior to 'Engineering signature on Building's Final
Clearance 'Form.
e. All existing utility poles shall be removed, and all utilities placed
underground. No new poles are allowed.
59. 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 7/1/2016. The
fees shall be based On the current comprehensive fee schedule in effect at the
time of fee payment, consistent with city policy.
60 At improvement plan submittal, Developer shall submit an estimate of the probable
cost of improvements and shall pay 40% of the plan check and inspection fees.
Prior to improvement plan approval, Developer shall pay the remaining 60% 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.
61. Developer shall submit a final photometric plan subject to the review and approval
by the City Transportation Engineer prior to the issuance of the first building permit.
62. 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 Monterey Road
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frontage. Quad duct shall be per City STD EL- -11, subject to the City Engineers
review and approval.
63. Developer shall install all street fig_ ht conduits as 2" SCH40 PVC per City Standard
EL -1 and related pull boxes shall follow City Standard EL -14. All final streetlight
locations shall 'bib to the satisfaction of the City Transportation Engineer and shall
follow City standards.
64. Developer shall' design driveway grades to keep the automobile from dragging or
bottoming out" on the street or driveway and! to keep water collected in the street
from theflowing onto the project site. The details of such design shall be provided
at improvement plan phase and shall be to the satisfaction of the City
Transportation Engineer.
65. 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 included in the Improvement Plans and shall be approved
prior to grading permit issuance.
66. 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 /Final 'Map approval.
67. Alli 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
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Page 13
Engineering Division. The developer shall add this condition to the general notes
on the grading plan.
68. 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 w_a_'lls, 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 signingi the plans.
69. WATER CONSERVATION: The project shall fully comply with the measures
required by the City's Water Supply Shortage Regulations Ordinance {Gilroy City
Code, Chapter 27, Article VI), and subsequent amendments to meet the
requirements imposed by the State of California's Water Board. This ordinance
established permanent voluntary water saving measures and temporary
conservation standards.
a) All construction water from fire hydrants_ shall be metered_ and billed at the
current hydrant meter rate.
b) 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 c_ u_ rre_ nt Santa C_ la_ ra Valley
Water District's municipal industrial rate.
C) 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
hydrantmeter rate.
70. 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.
71. UTILITIES: The'Developer shall ensure that all sanitary sewer laterals and /or water
meters located in driveways shall have traffic rated boxes and lids subject to the
approval of the Public Works Director.
72. , The Developer shall ensure that all mainline storm drain piping shall have a
minimum diameter of 18 inches and the lateral connections_ shall shave a minim_ um
diameter of 15 inches subject to the approval of the Public Works Director.
73. The (Developer /Contractor shall make accessible any or all C_ ity utilities_ as directed
by the Public Works Director.
74. The Developer shall ensure that all storm and sewer lines'in private areas are
maintained unless approved by the 'Public Works Director.
Resolution No_. _20.16-04
Page 14
75. Improvement plans are required for all on -site and off -site improvements. The
following items will need' to be completed prior to first building permit submittal:
a. The Developer shall ,provide joint trench composite plans_ for the
underground electrical, gas, telephone, cable television, and
communication conduits and cables including the size, location and details
of all trenches, locations of building utility service stubs and meters and
placements or arrangements of junction structures as a part of the
Improvement Pian 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 inegotiate 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. The Developer shall provide a "Will Serve Letter" from each utility
company for the project to the City's Public Works Director /City Engineer.
76. Prior to improvement plan approval the Developer shall provide a joint trench'
composite plan to the Public Works Director /City Engineer for review and approval.
A note shall be placed on the joint trenchi composite plans which states that the
plan agrees with City Codes and! Standards and that no underground' utility conflict
exists.
77. Prior to any construction of the dry utilities in the field, the following will need to be
supplied to the City:
a) A professional engineer- signed and PG&E-approved original electrical
plan.
b) A letter from the design Ele_ ctrical or Civil Engineer that states the
electrical plan conforms to C_ ity codes and Standards, and to the approved
improvement plans.
78. NOTICING: At least one week prior to commencement of work, the Developer
shall post at the site and mail to owners of property within (MO') 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
Resolution No. 2016 -04
Page 15
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.
79. 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.
80. 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 co_ mmu_te traffic along
roadways and along school commute routes.
81. 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.
82. 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.
83. 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 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. Streetswill 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.
84. CONSTRUCTION STREET PARKING: The Developer shall ensure that 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
Resolution No. 2016 -04
Page 16
abuts property in a residential zone without prior approval from the Public Works
Director (§ 15.40.070).
85. STREET MAINTENANCE:- 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
he
debris shall not be washed into the City's
storm drains.
86. 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.
87. MONUMENTS: A minimum of one exterior monument shall be set. Additional
monuments can 'be required by the City Engineer or City Surveyor as deemed
necessary. The location of monuments shall be tied out prior to work. Any City
monument damaged, displaced or destroyed shall be replaced at -the developer's
sole expense. In accordance With the California .Professional Land Surveyors' Act
Business and'Professions Code) Chapter 15 Sections 8771 and 8725, California
Penal Code 605, and California Government Code 27581, the developer, their
employees, subcontractors, and /or any person performing construction activities
that will or may disturb an existing roadway/ street monument, corner stake, or any
other permanent surveyed monument'shall show all current monuments on the
plans and shall ensure that a Corner 'Record and /or Record of Survey are filed with
the County Surveyor Office prior to disturbing said monuments. All disturbed or
destroyed monuments shall be reset and' filed in compliance with Section 8771.
88. CONTRUCTION STAGING (if applicable): 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.
80. 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.
00. 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,
Resolution No. 2016 -04
Page 17
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.
91. 'Pursuant to City Code, Chapter 21, Article V (Requirements for Undergrounding
Utilities), all new utilities will be placed underground. The existing overheadl line
along the project's Monterey Road frontage shall be relocated underground by the
Developer and connected to the nearest existing allowable riser poles located to
the north and south of the project's frontage.
92. Parking is not allowed along the project's Monterey Street frontage. At
improvement- plan phase, revise plans to show IR -26 (S) signage ( "No Stopping
Any Time ") along project frontage.
93. At improvement plan phase, revise plans to show two green curb parkingi spaces
across the project's USPS mail station and signage showing 10- minute parking
duration.
94. PUBLIC ART: When available, submit design and final location of public art for
review by City Engineer.
95. STREET IMPROVEMENTS: The project shall construct curb, gutter, paved
shoulder and 10' monolithic sidewalk with street trees along the project's Monterey
Road frontage. Pavement conforms shall be reviewed at improvement plan phase.
At improvement plan phase, revise plans to show the proposed public fire hydra__nts
located in the public right -of -way.
96. FLOOD: Zone AH, Elevation 195:00' North American Vertical 'Datum of 1988
NAVD88)
a. Elevate the lowest floor Of the proposed building at least one foot above
195.00' NAVD88.
b. An Elevation Certificate (FEMA Forme 086 =0 =33) for the proposed
structure, based on construction drawings, is required prior to issuance of
a building permit. Consequently, an Elevation Certificate based, on
finished construction is required for the built structurere_ prior to issuance of
an occupancy permit.
C. Building support utility systems such as HVAC, electrical, plumbing, air
conditioning equipment, including ductwork, and other service facilities
must be elevate_ d_ above the base flood elevation or protected from flood
damage.
97. STORMWATER: This project is subject to post- construction stormwater quality
Resolution No. 2016 -04
Page 18
requirements per Chapter 27D of the Gilroy Municipal Code.
a_ . At grading permit phase, submit the followings
1. Stormwater Management Plan
2. Signed Performance Requirement Certifications specified in the
Stormwater Guidance Manual
b. At grading permit phase, revise plans to address the following:
1. On -site trees to be located outside the bio- treatment basins so as
not to interfere with the function of the basins.
2. Provide additional details /elevations to show how Drainage
Management Area #5 is being treated by Bio- treatment Basin #5.
C. If stormwater control measures will be proposed in the public right-of-
way, the Developer /Owner shall be responsible for maintenance of
these measures.
d. Stormwater BMP Operation and Maintenance Agreement.
1'. Prior to the issuance of the first building permit, the (Developer of the
site shalli enter into a formal written Stormwater BMP Operation and
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.
2. 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.
3. 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 rep_ air work and_ to recover the costs from
the owner.
4. 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.
5. Any repairs or restoration /replacement and maintenance shall be in
accordance with City - approved plans.
6. The property owner(s) shal[ 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.
Resolution No. 2016 -04
Page 19
e. Stormwater'BMP Inspections will be required for this project and shall,
adhere to the following:
1. The property owner(s) shall be responsible for having all' stormwater
management facilities inspected for condition and function by a
knowledgeable third party.
2. Unless otherwise required by the City Engineer 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:
3. Site address;
4. ,Date and time of inspection;
5. Name of the person conducting the inspection;
6. List of stormwater facilities inspected;
7. Condition_ of each stormwater facility inspected;
8. Description of any needed maintenance or repairs; and
9. As applicable, the need for site re= inspection.
f. !Upon completion of each inspection, an inspection report shall be
Submitted, to Public Works iEngineering no Pater than October 1 st for the
Fall report, and no later than March 15th of the following year for the
Winter report.
FIRE DIVISION CONDITIONS
98. Buildings shall ihave a fire sprinkler system installed and when over 3 stories shall
be a full 'NFPA 13 system. A wet standpipe shall also be provided with hose
connections and valve in each stairwell. A roof access hatch shall be provided at
the top of the stairwell with a hose connection at the roof as well. Fire sprinkler
systems subject to review and approval by Fire Prevention.
9. 9. The Building shall have a full Fire Alarm system that includes horn strobe
notification of fire flow and common area smoke detectors in each unit. Water flow
monitoring for each floor level, a tamper switch at the DDCA. A separate permit is
required for the Fire Alarm System.
100. Condition: Private Fire Underground Main are subject to separate plan review and
permit from Fire Prevention. O_ btain the Private Fire Underground guidance
document for standards.
101. Condition: All buildings and uses shall have fire engine access roadway that is a
minimum of 20 ft wide within 150 feet of any portion of the building or use. Roads
shall be all' weather and capable of supporting a 40,0.00 pound apparatus and
provide an inside turn radius of 32 ft and outside radius of'39 feet.
Resolution No. 2016 -04
Page 20
102. Prior to issuance of building permits, the Developer shall provide plans which show
the elevator meeting the minimum size for gurneys as used by the Gilroy Fire
Department. This calls for a minimum inside dimension of 80" by 65" which is
provided by a 3,500 lb. rated elevator. Show Elevator shaft and control room and
specify elevator dimensions /size on plans for the review and approval of the
Deputy Fire Marshal.
103. The Developer Buildings to support adequate public safety radio coverage. Any
building or structure which fails to support adequate radio coverage for the city's
public safety communication systems, shall include an amplification system to
provide for voice and data communications for police and fire division personnel.
104. Trash enclosures shall be covered and shall not drain into the storm drain system
without treatment.
PASSED AND ADOPTED this 18th day of February, 2016 by the following roll call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS
ATTEST:
Rebecca Tolentino, Secretary
Armendariz, Ashford, Fischer, Kloecker, Lai
Gullen
Rodriguez
APPROVED:
V
Pau loecker, Vice Chairperson