Resolution No. 2016-08 | Tentative Map (TM 15-03) Wren School Site Subdivision 70 SFR | Adopted 02/18/2016RESOLUTION NO. 2016-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING CITY COUNCIL APPROVAL OF VESTING
TENTATIVE MAP (TM 15-03), WREN AVENUE — GILROY UNIFIED
SCHOOL DISTRICT (FORMER LAS ANIMAS ELEMENTARY SCHOOL)
RESIDENTIAL PROJECT CREATING 70 SINGLE-FAMILY RESIDENTIAL
LOTS, WITH 1.2 ACRES TO BE USED AS PRIVATE OPEN SPACE, AND
2.71 ACRES TO BE USED FOR PRIVATE STREETS AND PRIVATE
DRIVES, LOCATED AT 8450 WREN AVENUE, ASSESSOR'S PARCEL
NUMBER 790-25-031. FILED BY CALATLANTIC HOMES, 4750 WILLOW
ROAD, SUITE 150, PLEASANTON, CA 94588.
WHEREAS, CalAtlantic (formerly Standard Pacific Homes) submitted an application
requesting a tentative map to subdivide a 10.12-acre site into 70 single family residential
lots with 1.2 acres of private open space, and 2.71 acres of private streets and private
drives; and
WHEREAS, the subject property is located at 8450 Wren Avenue; and
WHEREAS, said tentative map was referred to various City departments, including the
Technical Advisory Committee for recommendations; and
WHEREAS, the Planning Commission of the City of Gilroy has considered TM 15-03 in
accordance with the Gilroy General Plan, the Gilroy Zoning Ordinance, and other
applicable standards and regulations; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed
project on February 18, 2016, at which public hearing the Commission considered the
proposed project, staff report, public comments and testimony, and all other documentation
or other evidence received on the project.
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. As proposed, the tentative map is consistent with the intent of the goals
and policies of the City's General Plan.
2. The Planning Commission has recommended City Council approval of a
general plan amendment (GPA 15-01); a zone change (Z 15-07); and a
planned unit development zone change (Z 15-06); and with these
approvals, the tentative map would be consistent with the General Plan
land use designation and Zoning Ordinance districts.
3. The proposed development is consistent with the City's Subdivision and
Land Development Code, and the State Subdivision Map Act.
4. Public utilities and infrastructure improvements needed in order to serve
the proposed project are in close proximity.
5. There will be no significant environmental impacts as a result of this
project due to the required mitigation measures to be applied.
Resolution No. 2016-08
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby recommends to the City Council the approval of TM 15-03, subject to the following
conditions:
Note: The following abbreviations identify the City department or division responsible for determining compliance
with these conditions. The first group listed has responsibility for compliance at plan check, the second
confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a
certificate of occupancy, or as specified in the condition. If only one group is identified, they have
responsibilities from initial review through compliance verification. An internal condition reference number is
located at the end of each condition (e.g. G-1 or MND-S2).
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL
Building Division/Inspectors
PK
Parks/Landscape Design
CA
City Attorney
PL
Planning Division
CC
Chemical Control Agency
PW
Public Works/Engineering
FP
Fire Prevention
TR
Traffic Division
PD
Police Department
WW
Wastewater/Source Control
GENERAL PROJECT CONDITIONS
Approval of Tentative Map TM 15-03 (hereinafter "this permit") is granted for
approved plans stamped as "Received on January 11, 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)
2. Developer means permit applicant, property owner, operator, permitee, lessee,
and/or tenants using the space(s) for the intended use(s). Developer shall comply
with project conditions for the life of the project. (CA, G-2)
3. Developer agrees, as a condition of permit approval, at Developer's own expense,
to defend, indemnify, and hold harmless the City of Gilroy ("the City') and its
officers, contractors, consultants, attorneys, employees and agents from any and
all claim(s), action(s) or proceeding(s) brought against the City or its officers,
contractors, consultants, attorneys, employees, or agents to challenge, attack, set
aside, void or annul the approval of this resolution or any condition attached
thereto or any proceedings, acts or determinations taken, including actions taken
under the California Environmental Quality Act of 1970, as amended, done or
made prior to the approval of such resolution that were part of the approval
process. (CA, G-3)
4. Failure to appeal this decision in a timely manner, or commencement of any
activity related to the project, is understood to clarify Developer's acceptance of all
Resolution No. 2016-08
Page 3
conditions and obligations imposed by this permit and waiving any challenge to the
validity of the conditions and obligations stated therein. (CA, G-4)
5. Should Developer intend to request an extension to the permit expiration date,
Developer must submit to the Planning Division a written application with
applicable fees prior to the expiration date. Only timely requests may be
considered pursuant to the City Code. (PL, G-5)
6. Prior to issuance of building permits, Developer shall correct all violations of the
City Code, if any, existing on the project property for which the City has open
cases. (PL/CE, G-6)
7. If Developer, owner or tenant fails to comply with any of the conditions of this
permit, the Developer, owner or tenant shall be subject to permit revocation or
enforcement actions pursuant to the City Code. All costs associated with any such
actions shall be the responsibility of Developer, owner or tenant. (CA, G-7)
8. Prior to occupancy, Developer shall complete all required offsite and onsite
improvements related to the project, including structures, paving, and landscaping,
unless otherwise allowed by the Community Development Director, or stated in
these conditions. (BL, G-8)
9. Developer shall complete the "Notice of Land Use Restrictions and Conditions"
form, using the form provided by the City, for recording with the Santa Clara
County Recorder. Before the City issues building permits, Developer shall submit
the original completed, signed and notarized document to the Community
Development Director or designee. (PL, G-9)
10. Developer acknowledges that because of water limitations placed on the City by its
water providers, approval of this permit does not guarantee that the city will issue
building permits. Issuance of building permits may be delayed and subject to
implementation and/or compliance with mandated water conservation or allocation
plans. (PL/PW, G-10)
11. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project
property shall be consistent with the terms of this permit and the City Code. If
there is a conflict between the CC&Rs and the City Code or this permit, the City
Code or this permit shall prevail. (PL/CA, G-11)
12. An approved tentative map or vesting tentative map shall expire twenty-four (24)
months from the approval date if the final map is not approved prior to expiration.
(PL, G-12)
13. Approval of this permit is subject to approval of GPA 15-01, Z 15-07, and Z 15-06.
Should any of those application(s) be rescinded or not approved, this approval
shall immediately become null and void. (PL, G-16)
Resolution No. 2016-08
Page 4
PLANNING DIVISION STANDARD CONDITIONS
14. Developer shall obtain necessary permits prior to initiating any new construction or
modifications authorized under this approval, including but not limited to temporary
construction trailers, temporary staging areas, model home sales offices,
advertising signs of any kind, exterior and interior modifications. Developer shall
pay all requisite fees in effect at the time of plan submittal and/or issuance, as
applicable. (PL/BL, PL-1)
15. Developer shall submit plans for building permit applications that include all
exterior building materials and colors, including product and finish manufacturer
name, color name and number, and surface finish type (e.g. stucco with sand
finish, plaster with smooth finish) to be used in construction. (PL, PL-2)
16. Developer shall submit plans for building permit applications that include, on all
sets, a reproduction of all conditions of approval of this permit, as adopted by the
decision -maker. (PL, PL-3)
17. Prior to issuance of building permits, Developer shall provide to the Planning
Division digital photos or copies of full-size colored elevations, color and material
sample boards, perspective illustrations, and any other colored exhibit approved
by the decision -maker. (PL, PL-4)
18. Developer may not modify any use approved by this permit unless the Community
Development Director or designee determines that Developer has provided the
parking required by the City Code for the modified use. Such determination may
require an adjustment or modification to this permit approval. (PL, PL-5)
19. Prior to issuance of grading permits, Developer shall submit a combined
landscape and lighting plan to verify all project onsite lighting shall be of a type and
in a location that does not constitute a hazard to vehicular traffic, either on private
property or on public property, including streets. Such lighting shall not conflict with
drainage plans, landscape plans, tree locations, parking spaces, or any other such
land use concerns. (PL, PL-6)
20. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is
directed downward only, minimizing glare and light pollution, and shall not cast
light on any adjacent property or roadway. Developer shall recess or conceal any
under -canopy lighting elements so they are not directly visible from any public
area. Prior to issuance of building permits, Developer shall submit a lighting plan
with details of the proposed fixtures and locations to the satisfaction of the
Community Development Director or designee. (PL, PL-7)
21. Developer agrees, as a permit of condition approval, that no sign advertising the
development project or components thereof, including individual tenants or
subdivisions, shall be installed or maintained onsite or offsite except as allowed
and in conformance with an approved sign permit. (PL, PL-8)
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Page 5
22. Concurrent with or prior to an application for a grading permit, Developer shall
apply for a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The
grading permit will be issued only after payment of assessed fees and approval of
the Habitat Plan permit. (PL, PL-9)
23. Prior to issuance of a grading permit, Developer shall present to the Community
Development Director or designee, a receipt issued by Santa Clara County for full
payment of the Santa Clara Valley Habitat Plan fees for associated with the
proposed development. Such receipt shall be dated within six (6) months of the
grading permit issuance date, or the fee amount may be reassessed and
difference collected at the time of grading permit issuance. (PL, PL-10)
24. To minimize potential construction -related impacts to noise, Developer shall
include the following language on any grading, site work, and construction plans
issued for the subject site (PL/BL, PL-11):
"During earth -moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and
on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is
prohibited on Sundays and City -observed holidays;
b. Locate stationary noise -generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a construction
project area;
c. Construct sound walls or other noise reduction measures prior to developing
the project site;
d. Equip all internal combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate for the
equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize "quiet" models of air compressors and other stationary noise sources
where technology exists; and
g. Designate a "disturbance coordinator' who would be responsible for
responding to any complaints about construction noise. The disturbance
coordinator will determine the cause of the noise complaint (e.g. bad muffler,
etc.) and will require that reasonable measures be implemented to correct the
problem."
25. To minimize potential construction -related impacts to air quality, Developer shall
include the following language on any grading, site work, and construction plans
issued for the project site (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;
Resolution No. 2016-08
Page 6
b. All haul trucks transporting soil, sand, or other loose material onsite or offsite
shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles
per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points;
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
by a certified visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact at
the lead agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be
visible to ensure compliance with applicable regulations."
26. In the event of an accidental discovery of archaeological resources during grading
or construction activities, Developer shall include the following language on any
grading, site work, and construction plans issued for the project site (BL/PL, PL-
13): "If archaeological or cultural resources are discovered during earth -moving,
grading, or construction activities, all work shall be halted within at least 50 meters
(165 feet) of the find and the area shall be staked off immediately. The monitoring
professional archaeologist, if one is onsite, shall be notified and evaluate the find.
If a monitoring professional archaeologist is not onsite, the City shall be notified
immediately and a qualified professional archaeologist shall be retained (at
Developer's expense) to evaluate the find and report to the City. If the find is
determined to be significant, appropriate mitigation measures shall be formulated
by the professional archaeologist and implemented by the responsible party."
27. In the event of an accidental discovery or recognition of any human remains,
Developer shall include the following language in all grading, site work, and
construction plans (BL/PL, PL-14): "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
Resolution No. 2016-08
Page 7
recommendations to the landowner or the person responsible for the excavation
work, for means of treating or disposing of, with appropriate dignity, the human
remains and associated grave goods as provided in Public Resources Code
Section 5097.98. The landowner or his authorized representative shall rebury the
Native American human remains and associated grave goods with appropriate
dignity on the property in a location not subject to further disturbance if: a) the
Native American Heritage Commission is unable to identify a MLD or the MLD
failed to make a recommendation within 24 hours after being notified by the
commission; b) the descendent identified fails to make a recommendation; or c)
the landowner or his authorized representative rejects the recommendation of the
descendent, and the mediation by the Native American Heritage Commission fails
to provide measures acceptable to the landowner."
28. Developer shall install all roof and building rain gutters and downspouts, vents,
and flashing to integrate as closely as possible with building design elements,
including matching the color of the adjacent surface. (PL, PL-15)
29. Prior to issuance of building permits, Developer shall provide utility meters,
mechanical equipment, mailboxes and address directories, placed in decorative
cabinets and clustered for efficient access by residents and service persons. The
final placement and design shall be to the satisfaction of the Community
Development Director or designee. (PL, PL-16)
30. Prior to issuance of building permits, Developer shall provide screening of all
mechanical equipment, post indicator valves, backflow prevention devices etc. All
ground mounted utility appurtenances such as transformers shall not be visible
from any public right-of-way and shall be adequately screened through the use or
combination of concrete or masonry walls, berms, and landscaping. In addition to
the above, backflow preventers shall be painted dark green, except the fire
connection which shall be painted yellow. The final placement and design of these
items shall be to the satisfaction of the Community Development Director or
designee. (PL, PL-17)
31. Developer shall provide automatic garage door openers for all garages. All garage
entries closer than 23 feet to the front property line shall be equipped with a
sectional roll -up garage door. (PL, PL-18)
32. Prior to issuance of fine grading plans, Developer shall provide a minimum 9-foot
by 3-foot level concrete pad for storage of three refuse containers in the side yard
area or other location approved by the Community Development Director or
designee that is out of view from the street. The storage location shall not be
within the garage. Developer shall also provide for a paved path from the storage
location to the pick-up area (typically the street) that does not require entering the
garage. All gates or doors along the path shall be constructed with a minimum
clear space of 36-inches to allow passage of the containers. (PL, PL-19)
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Page 8
33. Building additions and patio covers shall conform to the requirements of the R-1
zone district setbacks, or as otherwise approved by this permit. The design of such
addition or patio cover shall match the materials and style of the residence. (PL,
PL-20)
34. Prior to the close of escrow for each dwelling unit, Developer shall provide the
buyer with a written guarantee that the exterior finishes of the dwelling unit will
remain in good condition for at least five (5) years from the final building permit
inspection and sign -off. Developer shall provide a copy of the guarantee to the City
prior to final Planning Division inspection and sign -off. (PL, PL-21)
35. Prior to issuance of a Temporary Use Permit for the sales office and/or model
home, Developer shall provide details as to the posting and of pertinent
information and maps that may affect the subject project and adjacent properties.
At minimum, the land plan for the overall development that shows all surrounding
land uses and how the project integrates with theses surrounding uses shall be
displayed and maintained in a prominent location. Additional resources might
include the current General Plan and corresponding Land Use Map, and any
specific plan associated with the project area. Developer shall include such details
to the satisfaction of the Community Development Director or designee. (PL, PL-
22)
36. Prior to issuance of a Temporary Use Permit for the sales office and/or model
home, Developer shall provide details of signage and written information to
potential buyers that demonstrate the principles of water efficient landscapes
described in the State MWELO. Developer shall provide such details to the
satisfaction of the Community Development Director or designee. (PL, PL-23)
37. Light standards illuminating interior walkways shall be not more than eight (8) feet
in height, and shall not intrude into the private living or patio areas. Light standards
serving recreational areas held in common shall be no more than 15 feet in height,
and shall be directed away from dwelling units. PL, PL-24)
38. Developer shall establish a Homeowners' Association (HOA) for the development.
The HOA shall be responsible for the maintenance and enforcement of parking,
private streets, landscaping, recreation and other interior areas held in common by
the HOA. Such responsibilities shall be provided within the CC&Rs for the
development. (PL, PL-25)
PLANNING DIVISION LANDSCAPING CONDITIONS
39. Prior to issuance of building permits, Developer shall identify landscaping or other
screening method to protect glare from headlights on the subject property
extending offsite. At the time of planting, such screening shall be maintained at or
below three (3) feet if located in a required street frontage or front yard. Details of
required screening shall be to the satisfaction of the Community Development
Director or designee. (PL, PL-1)
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Page 9
40. Prior to issuance of building permits, Developer shall (as part of the irrigation
system) include sensors that suspend or alter irrigation operation during
unfavorable weather conditions (e.g. automatic rain shut-off devices). (PL, PL-2)
41. Prior to issuance of building permits or initiation of the proposed use, whichever
comes first, Developer shall submit a completed Landscape Documentation
Package, including a soil analysis/management report along with appropriate
application review fees, to the Community Development Department, including
required documentation for compliance verification, and obtain approval of such
plans. (PL, PL-3)
42. 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-4)
43. As part of the Landscape Plan submittal, Developer shall clarify a minimum three
(3) inch layer of mulch to be applied on all exposed soil surfaces, as required by
the State MWELO. (PL, PL-5)
44. 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-6)
45. 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-7)
46. Developer is required under MWELO to provide a copy of the approved Certificate
of Completion to the property owner or his or her designee. Prior to completion of
each build -out phase of development, Developer shall provide the Community
Development Director or designee a summary of each lot in that phase and timing
of compliance with this requirement. (PL, PL-8)
47. For the life of the project, Developer shall maintain landscaping and irrigation in
accordance with the approved plans, except as otherwise permitted or required by
law. Significant changes to the number, placement, and selection of plant species
may require a modification to this approval, to be determined by the Community
Development Director or designee. (PL, PL-9)
PLANNING DIVISION SPECIAL CONDITIONS
48. Developer shall specify in the HOA CC&Rs that garages will be available and used
for parking vehicles. (PL, PL-35)
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Page 10
49. Developer shall install the public art in the HOA-maintained park prior to
completion of the park.
PLANNING DIVISION ENVIRONMENTAL CONDITIONS
50. Prior to improvement plan approval or building permit issuance, the following dust
control measures shall be incorporated into all development permits forthe proposed
project, subject to the review and approval of the City of Gilroy Building Division:
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 off -site shall be
covered.
c. All visible mud or dirt track -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 shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
visible emissions evaluator.
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. (BL, MND AQ-1)
51. 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 (pursuant to Gilroy
General Plan Policy 5.07): "If archaeological resources are discovered during
construction, work shall be halted within 50 meters (165 feet) of the find until a
qualified professional archaeologist can evaluate it. If the find is determined to be
significant, appropriate mitigation measures shall be formulated and implemented."
(PL, MIND C-1)
52. 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 the 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: "If human
remains are found during construction there shall be no further excavation or
Resolution No. 2016-08
Page 11
disturbance of the site or any nearby area reasonably suspected to overlie adjacent
human remains until the coroner of Santa Clara County is contacted to determine that
no investigation of the cause of death is required. If the coroner determines the
remains to be Native American the coroner shall contact the Native American
Heritage Commission within 24 hours. The Native American Heritage Commission
shall identify the person or persons it believes to be the most likely descendent MLD)
from the deceased Native American. The MLD may then make recommendations to
the landowner or the person responsible for the excavation work, for means of
treating or disposing of, with appropriate dignity, the human remains and associated
grave goods as provided in Public Resources Code Section 5097.98. The landowner
or his authorized representative shall rebury the Native American human remains and
associated grave goods with appropriate dignity on the property in a location not
subject to further disturbance if: a) the Native American Heritage Commission is
unable to identify a MLD or the MLD failed to make a recommendation within 24
hours after being notified by the commission; b) the descendent identified fails to
make a recommendation; or c) the landowner or his authorized representative rejects
the recommendation of the descendent, and the mediation by the Native American
Heritage Commission fails to provide measures acceptable to the landowner." (PL,
MND C-2)
53. The following mitigation measure shall be included in the design of the project:
Provide a suitable form of forced -air mechanical ventilation, as determined bythe City
Building Department, for units located on Lots 1, 2, 16-19, 30-33, 46-49, 69, and 70
so that windows can be kept closed at the occupant's discretion to control interior
noise. (BL, MND N-1)
54. As part of normal City review and approval procedures forfuture projects the following
measures shall be incorporated to mitigate construction noise, as determined feasible
by the City Planning and Engineering divisions:
a. Limit construction activity to weekdays between 7:00 am and 7:00 pm and
Saturdays and between 9:00 am and 7:00 pm, with no construction 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;
and
c. Construct sound walls or other noise reduction measures prior to developing the
project site.
The following standard construction noise controls shall be implemented at 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
Resolution No. 2016-08
Page 12
determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require
that reasonable measures be implemented to correct the problem. (PL/E, MND N-
2)
55. Install a traffic signal at the Wren Avenue/Welburn Avenue intersection, as planned in
the City's Traffic Circulation Master Plan (TCMP). This improvement includes
signalizing the intersection, restriping all of the intersection approaches, and adding
left -turn pockets on the east and west approaches. Additionally, 260 feet of parking
would need to be removed on the east leg to accommodate the left -turn pocket. With
implementation of these improvements, the overall intersection level of service would
be improved from LOS F with all -way stop control to LOS C with signalization. These
improvements (including the loss of parking) are shown in the City's TCMP, and are
included in the City's Traffic Impact Fee Program. Thus, a Reimbursement
Agreement would be developed between the City and the developer to complete the
improvements such that the developer would be reimbursed for the cost of the traffic
signal, less the project's fair -share contribution. (E, MND T-1)
56. Project developers shall design and implement the following improvements at the
Wayland Lane and Welburn Avenue intersection, to the satisfaction of the City
Engineer:
a. Within the current right-of-way and without removing any parking, the work will
include re-establishing the centerline stripe with a Caltrans MUTCD Detail 4
pattern;
b. Provide an eastbound and westbound travel lane of no more than 12-foot width
using MUTCD Detail 27B white shoulder stripes on both sides of Welburn
between Wren Avenue and Carmel Streets;
c. Apply "sharrow" bike route markings about 50 feet beyond each street intersection
(at center of travel lane), and at no less than 150 foot spacing in each travel
direction;
d. Complete re -application of the "All -Way Stop' markings and pavement legends at
the Welburn/Wayland intersection. The existing stop signs will be upsized to 36-
inch stop signs, add "4-way stop" advisory sign below stop sign, and include red
reflective pole sleeves at each approach, employing the latest Caltrans MUTCD-
listed reflective materials;
e. Re -application of the marked crosswalks at Welburn/Wayland intersection;
f. Re -application of the La Alondra Way, the Doris Court, and the Carmel Street stop
bars and legends (5 locations); and
g. Thermoplastic materials will be used for relevant markings, legends, and striping.
(E, MND T-2)
PUBLIC WORKS/ENGINEERING CONDITIONS
57. GENERAL
a. Developer shall perform all work in compliance with the City of Gilroy
Specifications Standards Design Criteria and is subject to all laws of the City of
Gilroy by reference. Street improvements and the design of all off -site storm
drainage facilities, sewer and water lines, and all street sections shall be in
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Page 13
accordance with City Standards and shall follow the most current City Master Plan
for streets, as approved by the City of Gilroy's Public Works Director/City
Engineer.
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. The applicant shall obtain all applicable permits from federal, state, and local
agencies as required to construct the proposed improvements.
d. All existing utility poles shall be removed, and all utilities placed underground. No
new poles are allowed.
58. FEES
a. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and
Public Facilities Development Impact Fees. Payment of Street Tree and Storm
Development Impact Fees is required at first building permit issuance. Sewer,
Water, Traffic, and Public Facilities Development Impact Fees are due prior to
building occupancy. Note that there will be a fee increase beginning 7/1/2016.
b. 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.
c. Priorto final map/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.
d. The fees shall be based on the current comprehensive fee schedule in effect at
the time of fee payment, consistent with city policy.
59. TRANSPORTATION
a. Developer shall submit final photometric plans prior to first building permit
issuance.
b. Developer shall install all joint trench to have (4) dedicated 11/2" SCH 80 PVC
conduit for City Fiber Optic need in a quad duct arrangement along its Wren
Avenue. Quad duct shall be per City STD EL-11.
c. Developer shall install all street light conduits as 2" SCH40 PVC per City Standard
EL-1 and related pull boxes shall follow City Standard EL-14.
d. Final streetlight locations shall be to the satisfaction of the City Transportation
Engineer and shall follow City standards.
e. 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 flowing onto the lots. The details of such design shall be provided at
improvement plan phase and shall be to the satisfaction of the City Transportation
Engineer.
f. 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
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Control Plan shall be included in the Improvement Plans and shall be approved
prior to grading permit issuance.
60. GRADING/DRAINAGE
a. 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.
b. All grading operations and soil compaction activities shall be per the approved
project's geotechnical report that was prepared for the design of the project and
shall be subject to the approval of the Public Works Director. Site preparation and
cut/fill construction shall be conducted under the observation of, and tested by, a
licensed soils or geotechnical engineer. A report shall be filed with the City of
Gilroy for each phase of construction, stating that all site preparation and cut/fill
construction were performed in conformance with the requirements of the project's
geotechnical report. This shall be subject to review and approval by the
Engineering Division. The developer shall add this condition to the general notes
on the grading plan.
c. 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 forfoundations,
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.
61. WATER CONSERVATION: The project shall fully comply with the measures required
by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code,
Chapter 27, Article VI), and subsequent amendments to meet the requirements
imposed by the State of California's Water Board. This ordinance established
permanent voluntary water saving measures and temporary conservation standards.
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 current Santa Clara Valley Water District's
municipal industrial rate.
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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 hydrant meter rate.
62. 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.
63. 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 make accessible any or all City utilities as directed
by the Public Works Director.
d. Storm and sewer lines in private areas shall be privately maintained unless
approved by the Public Works Director.
e. 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:
I. The Developer shall provide joint trench composite plans for the
underground electrical, gas, telephone, cable television, and communication
conduits and cables including the size, location and details of all trenches,
locations of building utility service stubs and meters and placements or
arrangements of junction structures as a part of the Improvement Plan
submittals for the project. Show preferred and alternative locations for all
utility vaults and boxes if project has not obtained PG&E approval. A
licensed Civil or Electrical Engineer shall sign the composite drawings and/or
utility improvement plans. (All dry utilities shall be placed underground).
ii. The Developer shall negotiate right-of-way with Pacific Gas and Electric and
other utilities subject to the review and approval by the Engineering Division
and the utility companies.
iii. "Will Serve Letter' from each utility company for the subdivision shall be
supplied to the City.
f. Joint trench composite plans shall be approved prior to final map/improvement
plan approval or as otherwise determined by the Public Works Director/City
Engineer.
g. 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.
h. 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 -signed and PG&E -approved original electrical plan.
ii. A letter from the design Electrical or Civil Engineer that states the electrical
plan conforms to City codes and Standards, and to the approved subdivision
improvement plans.
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64. 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.
65. 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.
66. 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.
67. 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.
68. 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.
69. 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 orderto 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.
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70. 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).
71. 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 construction debris shall not be washed into the City's storm
drains.
72. 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.
73. MONUMENTS
a. A minimum of one exterior monument shall be set. Additional monuments can be
required by the City Engineer or City Surveyor as deemed necessary.
b. 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.
c. 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.
74. GRADE CERTIFICATION: Certification of grades and compaction is required priorto
Building Permit final. This statement must be added as a general note to the Grading
and Drainage Plan.
75. 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 ordamage,
regardless of cause, happening or occurring to the work or Improvements required for
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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.
Specific Engineering Conditions
76. TRANSPORTATION
a. The Project shall comply with all the traffic mitigation measures identified in the
project's Initial Study/MND Addendum.
b. At improvement plan phase, show how the trench plans serve the streetlight
connections and private open space bollard lighting connections.
77. STORMWATER: This project is subject to post -construction stormwater quality
requirements per Chapter 27D of the Gilroy Municipal Code.
a. At grading permit phase, submit the final Stormwater Management Plan and final
signed Performance Requirement Certifications specified in the Stormwater
Guidance Manual.
b. At improvement plan phase, confirm that the bioretention basin locations shown
on the Stormwater Control Plan match with the locations shown on the Landscape
Plans.
c. Stormwater BMP Operation and Maintenance Agreement
i. Prior to the issuance of the first building permit, the Developer of the site shall
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 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
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.
d. Stormwater BMP Inspections will be required for this project and shall adhere to
the following:
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I. The property owner(s) shall be responsible for having all stormwater
management facilities inspected for condition and function by a knowledgeable
third party.
ii. 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:
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.
e. 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.
78. WATER: At improvement plan phase, check valve layout shown on Wren Avenue
(Sheet AS-PUD6) to see if valves are needed on Wren Avenue.
POLICE DEPARTMENT CONDITIONS
79. Before City review and approval of final map, the applicant will provide a detailed
photometric plan meeting the following lighting requirements: all street lighting shall
comply with a 1.0 foot-candle (fc) standard and all parking areas shall comply with a
1.5 fc standard.
FIRE MARSHAL CONDITIONS
80. Secondary access EVA's shall meet the Fire Department Apparatus support
standards to the equivalent of a city street. The HOA shall maintain the EVA's to the
Fire Department Standard. This shall be included in the Final Map. If the EVA is
found nonfunctional the HOA shall repair, modify or improve them to meet the Fire
Department Apparatus needs.
81. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street
Hydrants shall be spaced every 300 ft, and within 150 ft of any building. Off site
improvement plan shall provide Fire Hydrants per the City Standard. Hydrants shall
be installed prior to commencement of construction with combustible materials.
82. All homes shall be provided with water laterals and meters sized to allow for a
residential NFPA 13d fire sprinkler system. At a minimum the off site improvement
plan shall provide 1.5 inch water laterals and 1" meters sized to allow for a residential
NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire
Marshal for the purpose of Fire Sprinkler design.
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83. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance
of not less than 13.5 ft shall be provided. Turning radius shall not be less than 32'
inside and 39'. Fire Apparatus shall not be required to cross to the opposite side of a
street as part of a turn on that street or onto another street. Dead end streets in shall
be provided with a cul-de-sac of 78'diameter unless they qualify for an exemption.
84. Condition: Road widths shall be as follows:
a. Less than 28 ft., no parking on either side
b. Less than 36 ft., no parking on one side.
c. At or over 36 ft., parking not restricted
85. Where parking is restricted, curbs shall be painted red with the stencil FIRE LANE
every 25 feet, or every 75 feet No Parking - Fire Lane signs shall be installed per
MUTCD standard. Include curbing and/or signage details in the Off -Site
improvement plans. Private roadway striping and/or signage shall be enforced and
maintained by the HOA.
86. Street naming shall be done prior to off -site improvement plan and building plan
submittal. Street A shall be named as two streets as the City Street naming policy
does not provide for a street name to continue in a perpendicular route. Addresses
shall be assigned by the City Engineering Section prior to improvement plan and
building permit submittal. Street signage shall be installed prior to any on -site
improvements (foundations or buildings) has begun.
87. Open Spaces, including storm water detention/retention basins, agricultural lots,
landscaped and naturally vegetated areas shall have vegetation management to
remove dead plants and debris, and to remove, disc or mow weeds during weed
abatement season from April to November of each year. In HOA managed areas the
HOA shall be responsible. For privately owned property it shall be performed by the
property owner.
PASSED AND ADOPTED this 18t' day of February 2016 by the following roll call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS
ATTEST:
Reb ccentin Secretary
Fischer, Lai, Gullen, Armendariz, Kloecker
Ashford, Rodriguez
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