Resolution No. 2016-18 | Tentative Map (TM 13-03) Six Family Residential Lots filed by Glen Loma Group | Adopted 06/02/2016RESOLUTION NO. 2016-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 13-03,
CREATING SIX SINGLE-FAMILY RESIDENTIAL LOTS, THREE OPEN
SPACE PARCELS, AND ONE PRIVATE STREET, FOR PROPERTY
LOCATED SOUTHWEST OF SANTA TERESA BOULEVARD, SOUTH
OF THE BALLYBUNION DRIVE/SANTA TERESA BOULEVARD
INTERSECTION, APNS 810-42-001 and 810-72-036, FILED BY GLEN
LOMA GROUP.
WHEREAS, The Glen Loma Group submitted an application requesting a
tentative map to subdivide an approximate 2.67 gross acre site into six single-family
lots, three open space parcels, and a private street; and
WHEREAS, the subject property is located adjacent to the Eagle Ridge
subdivision, located southwest of Santa Teresa Boulevard, south of the Ballybunion
Drive/Santa Teresa Boulevard intersection; and
WHEREAS, the planning commission of the City of Gilroy has considered the
tentative map (TM 13-03), in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations; and
WHEREAS, on September 3, 1996, the City of Gilroy approved A/S 96-17, via
Council Resolution No. 96-57, establishing the development standards for the Eagle
Ridge planned development; and
WHEREAS, the Kroeger subdivision is located adjacent to the Eagle Ridge
development and is requesting to develop in accordance with the Planned Development
standards of the Eagle Ridge development approved via Council Resolution No. 96-57
for Planned Development Architectural and Site Review application A/S 96-17; and
WHEREAS, said tentative map was referred to various public utility companies
and city departments, including the Technical Advisory Committee for
recommendations; and
WHEREAS, the Planning Commission finds the tentative map conforms to the
City's General Plan and elements thereof and the Eagle Ridge planned development;
and
WHEREAS, an initial study and mitigated negative declaration was prepared for
this project; and
WHEREAS, No significant adverse effects are expected to result from the
proposed development, and the Planning Commission can make the necessary findings
to adopt the mitigated negative declaration; and
Resolution No. 2016-18
Page 2
WHEREAS, a mitigation monitoring and reporting plan has been prepared,
consistent with the mitigated negative declaration; and
WHEREAS, the Planning Commission finds, after due study, deliberation and
public hearing, the following circumstances exist:
1. The proposed tentative map is consistent with the intent of the goals and
policies of the City's General Plan.
2. The proposed development is consistent with the Zoning Ordinance and
the City's Subdivision and Land Development Code, and the State
Subdivision Map Act.
3. Public utilities and infrastructure improvements needed in order to serve
the proposed project are in close proximity.
4. There will be no significant environmental impacts as a result of this
project due to the required mitigation measures to be applied.
WHEREAS, the Planning Commission finds that the applicant agrees with the
necessity of and accepts all elements, requirements, and conditions of this resolution as
being a reasonable manner of preserving, protecting, providing for, and fostering the
health, safety, and welfare of the citizenry in general and the persons who work, visit or
live in this subdivision in particular.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Gilroy hereby recommends to the City Council the approval of the tentative map,
subject to the following conditions:
Note: The following abbreviations identify the City department or division responsible for determining compliance
with these standard 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. Internal information shown in italics at the
end of each condition provides internal reference for the condition: Some are standard permit conditions
(e.g. G-1) while some are taken from environmental documents (e.g. MND-S2).
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL
Building Division/Inspectors
PK
Parks/Landscape Design
CA
City Attorney
PL
Planning Division
CE
Code Enforcement
PW
Public Works/Engineering
FD
Fire Department
TR
Traffic Division
PD
Police Department
WW
Wastewater/Source Control
GENERAL PROJECT CONDITIONS
This permit is granted for the property described in the application on file with the
Planning Division, and may not be transferred from one property to another, unless
Resolution No. 2016-18
Page 3
requested by the applicant and granted by the Planning Manager, pursuant to the
City Code. (PL, G-1)
2. This permit is granted for approved plans ("the plans") on file with the Planning
Division. The project shall conform to the plans, except as otherwise specified in
these conditions. Any subsequent modification or deviation to the approved plans
shall be considered by the Planning Manager, may require separate discretionary
approval and shall conform to City Code requirements or policies adopted by City
Council. (PL, G-2)
3. Developer means permit applicant, property owner, and/or tenants using the
space(s) for the intended use(s). Compliance with project conditions is expected
for the life of the project. (CA, G-3)
4. An approved tentative map shall expire twenty-four (24) months from the approval
date. (PL, G-6)
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-7)
6. Failure to appeal this decision in a timely manner or commencement of any activity
related to the project is understood to clarify the Developer's acceptance of all
conditions and obligations imposed by this permit and waiving any challenge to the
validity of the conditions and obligations stated therein. (CA, G-8)
7. Developer shall complete all required off -site and on -site improvements related to
the project, including structures, paving, and landscaping, prior to occupancy
unless otherwise allowed by the Community Development Director. (BL, G-9)
8. Developer agrees, as a condition of adoption of this resolution, at Developer's own
expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers,
contractors, consultants, attorneys, employees and agents from any and all
claim(s), action(s) or proceeding(s) brought against City or 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-10)
9. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project
property shall be consistent with the terms of this permit and the City Code. If there
is a conflict between the CC&Rs and the City Code or this permit, the City Code or
this permit shall prevail. (CA, G-11)
Resolution No. 2016-18
Page 4
10. Developer shall complete the "Notice of Land Use Restrictions and Conditions"
form, using the form provided by the City, for recording with the Santa Clara
County Recorder. Before the City issues building permits, Developer shall submit
the original completed, signed and notarized document, together with the required
fees to the Planning Manager. (PL, G-12)
11. If Developer, owner or tenant fails to comply with any of the conditions of this
permit, the Developer, owner or tenant shall be subject to permit revocation
pursuant to the City Code. (CA, G-13)
PLANNING DIVISION STANDARD CONDITIONS
12. 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. In the event the city is mandated to comply with Level 3 water
shortage restrictions, issuance of building permits may be delayed and subject to
implementation and/or compliance with mandated water conservation or allocation
plans. (PL/PW, PL-1)
13. All project on -site lighting shall be of a type and in a location that does not
constitute a hazard to vehicular traffic, either on private property or on public
property, including streets. Such lighting shall not conflict with drainage plans,
landscape plans, tree locations, parking spaces, or any other such land use
concerns. (PL, PL-7)
14. Prior to submittal of landscape and irrigation plans, Developer shall obtain approval
of the Planning Manager or designee of a plan showing on the project property all
existing trees and identifying the trees to be saved, transplanted or removed. (PK,
PK-1)
15. Developer shall properly maintain landscape planting and all irrigation systems as
required by the City Code and as specified by this permit. Failure of Developer to
do so may result in the revocation of this permit and initiation of legal proceedings
against Developer to ensure compliance (PK, PK-4)
16. At the time of planting, Developer shall provide at least 24-ince box size for all new
trees planted on the subject property by. All shrubs and vines planted under the
subject permit by the Developer shall be at least five -gallon size, except as
otherwise specified by this permit. (PK, PK-6)
PLANNING DIVISION SPECIAL CONDITIONS
17. Trees number 4 and number 5 shall be retained on the site. Prior to the onset of
construction, tree protection zones shall be established around the two remaining
trees on Lot 2, and around the on -site trees adjacent to McCutchin Canyon creek in
Resolution No. 2016-18
Page 5
proximity to Lot 1 and Lot 3. The tree protection zones are intended to minimize root
damage from grading, soil compaction, and other construction activities. (MND,
AES-1)
a. The tree protection zone shall consist of orange barrier fencing supported by
metal "T rail' fence posts and shall extend beyond the driplines of each tree
facing construction areas.
b. Trees number 4 and number 5 shall be protected in a single enclosure.
c. The operation of heavy machinery within the tree protection zone shall be
avoided. Where it cannot be avoided, no machinery shall be allowed within the
tree protection zone without first installing a layer of mulch or pea gravel at a
minimum four inch depth within the dripline and placement of %-inch plywood
sheets over the mulch.
d. Tree protection zones shall be kept free from litter and debris.
e. Construction materials, paints and solvents shall not be stockpiled within the tree
protection zone.
18.The project proponent shall obtain approval from the Planning Division Manager
prior to the removal of any significant tree. (MND, AES-2)
19. Pruning and/or tree removal shall be undertaken only under the direction of a
certified arborist. (MND, AES-3)
20. Replacement of any native tree removed from the site species is required with a
minimum 2:1 ratio (with good health maintained and monitored for a minimum of five
years). The species and locations of all replacement trees shall be indicated on the
Final Landscape Plans. (MND, AES-4)
21.To avoid potential impacts to nesting birds, noise -generating construction activities
and vegetation removal should be scheduled to take place outside of the nesting
bird season, (February 1 to August 31). If construction occurs during the nesting
season, then a qualified biologist will conduct a pre -construction survey for nesting
birds to ensure that no nests would be disturbed during project construction. This
survey will be conducted no more than seven days prior to the initiation of
disturbance activities during the early part of the nesting season (February through
April) and no more than 30 days prior to the initiation of disturbance activities during
the late part of the nesting season (May through August). If no active nests are
present within 250 feet of construction, then activities can proceed as scheduled.
However, if an active nest is detected during the survey within 250 feet of
construction, then the establishment of a protective construction -free buffer zone
from each active nest (typically 250 feet for raptors and 50-100 feet for other
species) will be clearly delineated or fenced until the juvenile bird(s) have fledged
(left the nest), unless the biologist determines that construction noise would not
impact the active nest.
Resolution No. 2016-18
Page 6
If pre -construction nesting bird surveys are necessary, based upon the requirements
of this mitigation measure, then a brief pre -construction survey report shall be
prepared prior to commencement of construction activities, subject to review and
approval by the City Planning Division. (MND, BIO-1)
22. 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, 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. (MND, CR-1)
23. 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 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 MILD) 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 MILD 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." (MND, CR-2)
24. The applicant shall incorporate the design recommendations from the ENGEO
geotechnical exploration report into the design of the project. The recommendations
are listed on pages 15 through 29 of the geotechnical exploration report, also
included as Appendix B of the attached initial study. (MND, GEO-1)
Resolution No. 2016-18
Page 7
PUBLIC WORKS/ENGINEERING DIVISION STANDARD CONDITIONS
25.GENERAL
a. Developer shall perform all work in compliance with the City of Gilroy
Specifications Standards and 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
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 necessary permits from federal, state, and local
agencies as required to construct the proposed improvements including, but not
limited to, the Santa Clara County Roads & Airports Department.
d. All existing utility poles shall be removed, and all utilities placed underground.
No new poles are allowed.
26. 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. Prior to 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.
27. 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
Resolution No. 2016-18
Page 8
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 for
foundations, retaining walls, site grading, and site drainage are in accordance
with their recommendations and the peer review comments. The applicant's soils
engineer's approval shall then be conveyed to the City either by letter or by
signing the plans.
28. 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.
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.
Resolution No. 2016-18
Page 9
29. 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.
30. 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:
1. 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.
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.
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.
Prior to any construction of the dry utilities in the field, the following will need to
be supplied to the City:
A professional engineer -signed and PG&E -approved original electrical plan.
Resolution -No. 2016-18
Page 10
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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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. 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
Resolution No. 2016-18
Page 11
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.
37. 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).
38. 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.
39. STREET NAME SIGNS: The permanent street name signs shall be installed
immediately after the curb and gutter construction is complete.
40.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.
41. 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.
42.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
Resolution No. 2016-18
Page 12
shall any officer or employee thereof, be liable or responsible for any accident, loss
or damage, regardless of cause, happening or occurring to the work or
Improvements required for this project prior to the completion and acceptance of the
work or Improvements. All such risks shall be the responsibility of and are hereby
assumed by the Developer.
PUBLIC WORKS/ENGINEERING DIVISION SPECIAL CONDITIONS
43. 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 an updated Stormwater Management Plan and
final signed Performance Requirement Certifications specified in the
Stormwater Guidance Manual.
b. 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, 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.
Il. 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.
Resolution No. 2016-18
Page 13
c. Stormwater BMP Inspections will be required for this project and shall adhere to
the following:
I. The property owner(s) shall be responsible for having all stormwater
management facilities inspected for condition and function by a
knowledgeable third party.
Il. 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:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
Description of any needed maintenance or repairs; and
As applicable, the need for site re -inspection.
d. 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.
FIRE DEPARTMENT STANDARD CONDITIONS
44. Fire Hydrants shall be able to flow 1,500 gpm with a 20 psi residual pressure.
Street Hydrants shall be spaced every 300 feet, and within 150 feet of any building.
45. All homes shall be provided with a minimum 1.5 inch water lateral and 1 inch
meters to allow for a residential NFPA 13d fire sprinkler system. Plot plans for
tract homes shall specify that the house is to be provided with fire sprinklers.
46. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical
clearance of not less than 13.5 feet shall be provided. Turning radii shall not be
less than 32 feet inside and 39 feet outside. Where parking is restricted, it shall
be posted with signs stating "No Parking -Fire Lane" or curbs shall be painted red.
Parking restrictions shall be provided as follows:
a. Road width less than 28 feet: no parking on either side
b. Road width 29-36 feet: no parking on one side.
C. 36 feet or greater: parking not restricted.
Resolution No. 2016-18
Page 14
PASSED AND ADOPTED this 2nd day of June 2016 by the following roll call vote:
AYES: COMMISSIONERS: Rodriguez, Ashford, Fischer, Gullen, Kloecker,
Lai
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: Armendariz
ATTEST:
QL`� ICJ
Rebecca Tolentino, Secretary
APPROVED:
Sue Rodriguez, Chairpe sq oA