Resolution No. 2017-01 | Tentative Map (TM 16-01) Glen Loma Ranch Specific Plan Area | Adopted 01/05/2017RESOLUTION NO. 2017 -01
A RESOLUTION OF THE COMMISSION OF THE Ci Ty- U` F
GILROY RECOMMENDING APPROVAL- OF TENTATIVE MAP TM 16 -01,
CREATING 59 SINGLE-,FAMILY RESIDENTIAL LOTS, ONE LOT FOR
FUTURE DEVELOPMENT, ONE REMAINDER LOT, NINE PRIVATE
OPEN __ LOTS, ONE PUBLIC OPEN SPACE LOT, AND
ASSOIATED PUBLIC AND PRIVATE 'STREETS, LOCATED WITHIN
THE GLEN LOMA RANCH SPECIFIC PLAN AREA, NORTHEAST OF
SANTA TERESA 'BOULEVARD, SOUTH OF CLUB DRIVE, APNS 808=
43 -002, -003, AND, -005, FILED BY GLEN LOMA CORPORATION, 7888
WREN AVENUE, SUITE 0-143, GI_LROY, CA 95020.
WHEREAS, The Glen Loma Corporation submitted an application requesting a
tentative map to subdivide an approximate 29.85 acre site into 59 single - family dots (26
duet lots in the McCutchin Creek neighborhood and 33 single- family lots in the
Palomino neighborhood), one lot for future development, one remainder lot-, nine private
open space lots, one public open space lot, and associated public and private streets;
and
WHEREAS, the subject property is located within the Glen Loma Ranch Specific
Plan area, located northeast of Santa Teresa Boulevard, south of Club Drive; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
tentative map (TM 16 -01), in accordance with the G_ ilroy Zoning and other
applicable standards and regulations; and
WHEREAS, said'i tentative map was referred to various public utility companies
and City departments, including Technical Advisory Committee for
recommendations; and
WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma
Ranch Specific Plan; and
WHEREAS, on November 21, 2005, the City of Gilroy_ adopted the Glen Loma
Ranch Development Agreement; and
WHEREAS, the Planning Commission finds the tentative map conforms to the
City's General Plan and elements thereof, including the "Glen Loma Ranch Specific
Plan" and the "Neighborhood District Policy"; and
WHEREAS, an environmental impact report (EIR) was prepared for this site as
part of the review of application GPA 00 =01; and
WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section
15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects
Resolution No. 2017-01,
Page 2
pursuant to a specific. p!are -from F!.;, the; environmental ne iew, under -CEQA, as long as
the project meets the requirements of that section. Staff has determined that the
Proposed residential subdivision meets the require_me_nts of section 15182, such that no
additional CEQA analysis is required; and
WHEREAS, a mitigation_ monitoring and reporting plan has been prepared,
consistent with the certified EIR; and
WHEREAS, the Planning Commission finds, after due study, deliberation and
public hearing, the following circumstances exist:
1. The proposed tentative map is generally consistent with the intent of the
goals and policies of the "Glen ,Loma Ranch Specific Plan."
2. The proposed tentative ,map is generally consistent with the intent of the
goals and policies of the "Neighborhood District Pol- icy."
3. The proposed tentative map is generally consistent with the intent of the
goals and policies of the City's General Plan.
4. The proposed development is consistent with the Zoning Ordinance and
the City's Subdivision and Land Development Code, and the State
Subdivision Map Act.
5. Public utilities and infrastructure improvements needed in order'to serve_
the proposed project are in close proximity.
6. As identified in the certified EIR, all significant environmental impacts
associated with buildout of the Glen Loma Ranch Specific Plan area can
be reduced to a less than significant level with the implementation of
adopted ,mitigation measures identified in the certified EIR, except for air
quality. The proposed project would result in a significant, unavoidable
environmental impact with regard to project emissions and consistency
with the Bay Area 2000 Clean Air Plan. When adopting the specific plan in
2005, the City Council adopted a statement of overriding considerations,
finding that the benefits of the project outweighed this environmental
effect.
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 he_ reby recommends to the City Council the approval of the tentative map
and adopt the mitigation monitoring and reporting plan, subject to the following
conditions:
Resolution No. 2017 -01
Page 3
PLANNING DIVISION STANDARD CONDITIONS
1. The applicant will be required to mitigate for the removal of significant trees by
obtaining a tree removal permit, which will require replacement of significant
trees, ,in accordance with the City's Consolidated Landscaping Policy.
2. The subdivider shall defend, indemnify, and hold harmless the City, its City
Council„ Planning Commission, agents, officers, and employees from any claim,
action, or proceeding against the City or'its City Council, Planning Commission,
agents, officers, and employees to attack, set aside, void, or annul an approval of
the City, City Council, Planning Commission, or other board, advisory agency, or
legislative body concerning this subdivision. City will promptly nofify the
subdivider of any claim, action, or proceeding against it, and will cooperate fully
in the defense. This condition is imposed pursuant to California Government
Code Section 6.6474.9.
3. The Final Map shall substantially comply with the Tentative Map prepared by
Ruggeri Jensen Azar-, dated 'November 2016 and stamped approved, except as
modified by the City C_ o_ unc_il's approval of this application and the conditions of
approval.
4. The developer shall submit a copy of the Conditions, Covenants and Restrictions
CC &Rs) to the Planning Division concurrent with final map submittal.
Homeowners' Association documentation, Conditions, Covenants and
Restrictions and /or property owner's Maintenance Agreements shall be approved
by the Planning Division prior to the map being released for recordation.
5. With the exception of lots that received an exemption from the application of the
City's Residential Development Ordinance (RDO) (City Zoning Ordinance
Sections 50.60 et seq.), no building permit shall be issued in connection with this
project 'if the owner or developer ,of such development (i) is not in compliance
with the RDO, any conditions of approval issued in connection with such
development, or other City requirements applicable to such development; or (ii) is
in default under any agreement entered into with the City in connection with such
development pursuant to the RDO.
PLANNING DIVISION SPECIAL CONDITIONS
The following MITIGATION MEASURES, which are contained within the EIR and E_IR
addendum, prepared pursuant to the California Environmental Quality Act, and as
modified based upon changes in applicable reg_ ulations, a_ re include_ d as conditions of
approval.
6. Project proponents shall specify in project plans the implementation of the
following dust control measures during grading and construction activities for any
proposed development. The measures shall be implemented as necessary to
adequately control dust, subject to the review and approval by the City of Gilroy
Engineering Division (correspond_ s to EIR Mitigation Measure 3):
The following measures shall be implemented at all construction sites:
ses —'Jon No. 2017 -01
Page 4
Water all active construction areas at least twice daily;
Cover all trucks hauling soil, sand, and other loose_ materials or ,require all
trucks to maintain at least two feet of freeboard;
Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction
sites;
Sweep daily (with water sweepers) all paved access roads, parking areas
and staging areas at construction sites; and
Sweep streets daily (with water sweepers) if visible soil material is carried_
onto adjacent public streets.
The following measures shall be implemented at all construction sites greater
than four acres in area:
Hydroseed or apply (non- toxic) soil stabilizers to inactive construction
areas (previously graded areas'inactive for ten days or more);
Enclose, cover, water twice daily or apply (non- toxic) soil binders to
exposed stockpiles (dirt, sand, etc.);
Limit traffic speeds on unpaved roads to 15 mph;
Install sandbags or other erosion control measures to prevent silt runoff to
public roadways; and'
Replant vegetation in disturbed areas as quickly as possible.
The following measures are strongly encouraged at construction sites that are
large in area, located near sensitive receptors or which for any other reason may
warrant additional emission re_ ductions:
Install wheel washers for all existing trucks, or wash off the tires or tracks
of all trucks and equipment leaving the site;
Install wind breaks, or plant tree_ s /vegetative wind breaks at windward
side(s) of construction areas;
Suspend excavation and grading activity when winds (instantaneous
gusts) exceed 25 miles,per hour- and
Limit the area subject to excavation, grading and o_ ther construction
activity at any one time.
7. The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City
of Gilroy, prior to issuance of a grading permit. The permit shall include all
applicable project conditions (corresponds to EIR Mitigation Measure 4).
8. Subject to the review of the City of Gilroy Planning Division, no more than 30
days prior to commencement of grading or construction activities for
development proposed in or adjacent to potential nesting habitat (i.e., riparian
woodland and oak woodland), a tree survey shall be conducted by a qualified
biologist to determine if active nest(s) of protected birds are present in the tree_ s.
Areas within 200 feet of the construction zone that are not within the control of
the applicant shall be visually assessed from the project site. This survey shall
be required only if any construction would occur during the nesting and /or
Resolution No. 2017 -01
Page 5
a
1,0
breeding season o_ f protected bird species potentia!!y nesting in the tree
generally 'March 1 through August 1). If active nest(s) are found, clearing and!
construction within 200 feet of the tree, or as recommended by the qualified
biologist, shall be halted until the nest(s) are vacated and juveniles have fledged
and there is no evidence of a second attempt at nesting, as determined by the
qualified biologist. 'If construction activities are not scheduled between 'March 1
and August 1, no further shrike or tree surveys shall be required (corresponds to
EIR Mitigation Measure 5).
Subject to the review of the City of Gilroy Planning_ Division, no more than 30
days prior to commencement of grading or construction activities for
development proposed in or adjacent to potential roost habitat (i.e., riparian
woodland and oak woodland), pre- construction surveys for bat roosts shall be
performed by a qualified biologist. If bat roost sites are found, the biologist shall
implement a program to remove /displace the bats prior to the removal of known
roost sites. In addition, an alternate roost site shall be constructed in the vicinity
of the known roost site. Specifications of the alternate roost shall be determined
by a bat specialist (corresponds to EIR Mitigation Measure 6).
Prior to approval of each tentative map or use permit, ,project plans for future
development on the project site shall be designed to avoid unnecessary filling or
other disturbance of natural drainage courses and associated oak/riparian
woodland vegetation to the greatest extent feasible, subject to review and
approval of the City of Gilroy Planning Division. In the event that disturbance of
site drainages and associated oak/riparian woodland vegetation cannot be
avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain
outfalls, etc.), authorization from-the
Creek-Bridge
Department of Fish and Game
through Section 1600 et. seq. of the Fish and Game Code and /or the U.S. Army
Corps of Engineers through Section 404 of the Clean Water Act and the Regional
Water Quality Control Board through Section 401 of the Clean Water Act shall be
obtained, if required, prior to issuance of building or grading permits for any
activity might encroach on the site's drainages. Conditions imposed on
these permits and /or authorizations may include but not be limited to the
following (corresponds to EIR Mitigation Measure 8):
Construction work shall be initiated and completed during the summer and
fall months when the drainages are dry, or at least have a very low flow.
Typically, no construction work shall be a_ llowed between October 15th
and- April 15th.
A Habitat Restoration Plan shall, be prepared to identify the exact amount
and location of affected and 'replacement habitat, to specify on -site
revegetation with locally= obtained native species within the buffer areas to
mitigate habitat loss, and to provide specifications for installation and
maintenance of the replacement habitat. Any loss of riparian or wetland
vegetation resulting from construction activities_ shall be mitigated on -site
at a minimum 3:1 replacement ratio.
Resolution No. 2017 =01
Page, 6
11. Any loss of oak and /or riparian wood+lar l habitat from develoomPni
shall require the project proponent to retain a qualified biologist to prepare a
Habitat Restoration Plan to identify the exact amount and location of affected and
replacement habitat, specify an appropriate plant palette, and provide
specifications for installation and maintenance of the replacement habitat.
Replacement vegetation shall consist of locally - obtained native plant species.
Any loss of riparian woodland' vegetation shall be mitigated on -site at a minimum
of 3:1 replacement ratio, unless otherwise determined by the Department of Fish
and Game and the City of Gilroy. Any loss of oak woodland vegetation shall
require preservation of on -site oak woodland at a ratio of 3:1 and replanting on-
site at a ratio of 1:1, unless otherwise determined by the Department of Fish; and
Game and the City of 'Gilroy: The Habitat Restoration Plan shall 'be prepared
prior to issuance of building or grading permits for any activity requiring removal
of oa_k and /or riparian woodland habitat, subject to review and approval of the
City of Gilroy Planning Division and California Department of Fish and Game_
corresponds to EIR Mitigation Measure 9).
12. Prior to issuance_ of grading and /or building permits, subject to the review of the
Gilroy Planning Division, the project applicant shall install siltation fencing, hay
bales, or other suitable erosion control measures along_ portions of natural and
manmade drainage channels in which construction will occur and within 20 feet
of construction and /or staging areas in order to prevent sediment from filling thecreek (correspond's to EIR Mitigation Measure 13).
13. Prior to issuance of grading and /or building permits, the project proponent of any
future development on the project site shall submit a Landscape Plan, for review
and approval by the City of Gilroy Planning, Division. Landscaping ,plans for
areas adjacent to riparian habitat shall include appropriate guidelines to prevent
contamination_ of drainages and their associated riparian habitat by pesticides,
herbicides, fungicides, and fertilizers. Landscaping shall include appropriate
native plants species and should not include plantings of non- native, invasive
plant species (corresponds to EIR Mitigation Measure 14).
14. Prior to approval of a tentative map for each -phase of the proposed project
requiring removal or alteration to potential wetlands a_nd /or waters of the U.S., a
wetland delineation shall be prepared according to U.S. Army Corps of Engineers
guidelines. The actual acreage of impacts to waters of the U.S. and wetlands
shall be determined based on project plans for,each development project and the
wetland delineation for each d_ evelopment phase. The project proponent shall
obtain all necessary , permits and /or approvals from t_he U.S. Army Corps of
Engineers and shall, retain a restoration specialist to prepare a detailed we_ tland
mitigation plan, if necessary, subject to review and approval by the U.S. Army
Corps of Engineers 'and the City of Gilroy Planning Division. The plan shall
include, but not be limited to, creation of wetlands on site to mitigate for
unavoidable impacts to waters of the '!U.S. and wetlands resulting from
development activities (corresponds to EIR' Mitigation Measure 15).
Resolution No. 201
Page 7
15. A schematic lighting plan shall be submitted with each development proposal for
review and approval by the Planning_ Division. Exterior lighting for any
development proposed adjacent to open space areas shall be of low stature (i.e.,
20 feet) and shall be of a full' cutoff design or include opaque shields to reduce
illumination of the surrounding landscape. Lighting shall be directed' away from
open space areas (correspond's to EIR Mitigation Measure 116).
16. Prior to approval of a tentative map for ea_ ch phase of the proposed project
containing_ or adjacent to preserved natural open space areas, a signage plan
shall be prepared to outline the language, number and location of signs to
dissuade people from straying off trails and to prohibit unleashed' dogs in the
open space areas, subject to approval by the City_ of Gilroy_ Planning Division
corresponds to EIR Mitigation Measure 17).
17. Prior to commencement of construction activities, the ,protected zone of any trees
or groups of trees to be retained shall be fenced to prevent injury to the trees
during construction. Soil compaction, parking of vehicles or heavy equipment,
stockpiling of construction materials, and /or dumping of materials shall not be
allowed within the protected zone. The fencing shall remain in place until all
construction activities are complete (corresponds to EIR Mitigation Measure 19).
18. Project proponents shall submit a soils investigation prepared by a qualified soils
engineer for future development on the project site. The recommendation of the
soils investigation shall be incorporated into final building plans, subject to the
review and approval by the Gilroy Engineering Division prior to approval of any
building permits (corresponds to EIR Mitigation Measure 20).
19. The project applicant shall design all structures in accordance with the Uniform
Building Code for seismic design. In addition, all recommendations in the
geotechnical reports ,prepared for the project shall be implemented. 'Structural
design is subject to the review and approva_'I by the Gilroy BLES Division prior to
t_he issuance of building permits (corresponds to EIR Mitigation Measure 21).
20. Each tentative map shall include a detention pond or ponds to collect storm water
in the case of 2 -, 10 -, 25 -, and 100 -year peak storm events. Detention ponds
shall be designed according to -the recommendations presented in the Hydrologic
Analysis (Schaaf & Wheeler,205) and should include; but not be limited to the
following (corresponds to EIR Mitigation Measure 23):
a. The pond(s) should be located to collect the storm water runoff from the
project site and discharge to the existing drainage corrido_ rs and/or the
existing outfalls tributary to Uvas Creek.
b. Any discharge from the pond(s) should release a maximum of storm water
runoff for pre- project conditions (see tables 18 and 19 in the Draft EIR).
c. The pond(s) should be sized a total of approximately 8.9 acre -feet to
provide for appropriate storm water quantities and' filter pollutants for the
purpose of water quality.
d. The pond(s) shall not replace any proposed preserved open space at_ the
project site, that was assumed to provide flood control and water quality
benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003).
Resclution No. 200 ;
Page 8
21. The pro eca applicant for any proposed development on the project. sitie, shall, for
each phase of the development, submit a Notice of Intent (NOI) and detailed
engineering designs to the Central Coast RWQCB'. The associated permit shall
require development and implementation of a SWPPP that uses storm water
Best Management Practices" to control runoff, erosion and sedimentation from
the site. The SWPPP must include Best Management Practices that address
source reduction and, if necessary, shall include practices that require treatment.
The SWPPP shall be submitted to the City of Gilroy Engineering Division for
review and approval prior to approval of a building permit for each phase of the
project (corresponds to EIR Mitigation Measure 24).
22. The project applicant s_ hall submit plans for review by, and obtain an approved
permit from the Santa Clara Valley Water District for any work that requires a
permit from the water district (corresponds to EIR Mitigation Measure 25).
23. Future applicants in the Glen Loma Ranch specific plan area shall prepare a
post- construction storm water management plan, subject to the review and
approval of the Gilroy Engineering Division prior to the approval of final
improvement plans, that shall include structural and non - structural best
management practices (BMPs) for the reduction of pollutants in storm water to
the maximum extent practicable (corresponds to EIR Mitigation Measure 26).
24. Prior to issuance of a grading permit for all are within the Specific Plan area,
the following measures shall be incorporated i_nt_o the project plans to mitigate
construction noise, subject to the review and approval of the City o_ f Gilroy
Engineering, Division (corresponds to EIR Mitigation Measure 28):
a. Construction shall be limited to weekdays between 7 AM and 7 PM and
Saturdays and holidays between 9 AM and 7 PM, with no construction on
Sundays;
b. All internal combustion engine - driven equipment shall be equipped with
snufflers that are in good condition and appropriate for the equipment; and
C., Stationary noise - generating equipment shall be located as far as possible
from sensitive receptors when sensitive receptors adjoin or are hear a_
construction project area.
25. Add ,an eastbound and a westbound left -turn lane on the Fitzgerald and Masten
approaches to the Monterey Road /Masten Avenue intersection, and change the
east -west signal phasing from split phasing to protected phasing (corresponds to
EIR Mitigation Measure 30).
This intersection is within the City of Gilroy's Transportation Master Plan and
therefore, impact fees are collected for improvements at this intersection.
Therefore, re, implementation of this mitigation measure is the responsibility _ of the
project proponent, prior to issuance of the first building permit.
26. The applicant shall design and construct a two -lane roundabout (ultimate
condition) at Santa Teresa BoulevardYTenth Street/Miller Avenue. The City of
Gilroy will reimburse the developer for the cost of all ultimate improvements of
the RAB intersection up to the budgeted amount shown in the current- city traffic
impact fund. The design shall be subject to review and approval of the City
Resolution No. 2017 -01
Page 9
Engineer and approval of it from Santa Clara County.
Construction of the roundabout is required to be completed prior to issuance o_ f
the first building permit (corresponds to EIR Mitigation Measure 31).
2_7_ . Convert the Thomas Road /Luchessa Avenue intersection to a -one-lane modern
roundabout (corresponds to EIR Mitigation Measure 33).
W
Signalize t_he Thomas Road /Luchessa Avenue intersection, add a northbound
right turn lane, and add a northbound right turn overlap phasing to the signal
phasing.
The project proponent shall be responsible for paying for the d_ 'esign and
implementation of this mitigation measure, prior to the issuance of the first
building permit fo_r Phase I.
Note: The mitigated negative declaration for the planned elementary school
within the specific plan, located on Luchessa Avenue within the Cabernet
neighborhood, required implementation of this mitigation measure prior to
opening the school. It was required due to unacceptable levels of services
during the mid - afternoon peak hour. The mitigation measure requires the school
district to pay 'their fair share of this improvement determined by agreement
between the school district and the City of Gilroy.
2.8. Signalize the Santa Teresa Boulevard /Fitzgerald Avenue intersection and add
eastbound and westbound left turn lanes (corresponds to EIR Mitigation Measure
34).
The project proponent shall be responsible for paying for the design and
implementation of t_his mitigation measure, prior to the issuance of the first
building permit in Phase II.
29. 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
corresponds to .EIR 'Mitigation Measure 45):
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 ormulated and implemented.
30. In the event of an accidental discovery or recognition of any human remains in
any location other than a dedicated cemetery, the City shall ensure that this
language is included in all permits in accordance with CEQA Guidelines section
15064.5(e), subject to the review and approval of the City of G_ ilroy Planning
Division (corresponds to EIR Mitigation Measure 46):
Resolution No. 2017 -01
Page 10
If human remains are found c+Ltri. ^ ^^ct`rF_1ct6ion 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 c_ ause of death isrequired. 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.
31. Residential fire sprinklers shall be installed in all residences within the specific
plan area over 3,000 square feet, including single- family and' mu_Iti- family town
homes or apartments, and residential clusters with more than 25 units that lack
secondary a_ ccess. Residential fire sprinklers shall be installed prior to
occupancy. Prior to approval of future development projects within the specific
plan area, the City Fire Marshal may require that all residences have residential
fire sprinkler systems, regardless of conditions stated above, especially if streets
are narrow, buildings are closely spaced, emergency response time is not met,
there is inadequate fire flow, building are adjacent to natural areas, or other
conditions exist that could hinder the ability of the City of Gilroy Fire Department
to perform, fire suppression acts in such case they would be needed. The
sprinklers shall be designed and installed in accordance with City of Gilroy Fire
Department policies (corresponds to EIR Mitigation Measure 50).
ENGINEERING DIVISION STAND_ AR_D_ CO ND_ ITIONS
32. 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 ilines, and all street sections shall
be in accordance with City Standards and shall follow the most current City
Master Plan for streets, as approve_ d by the City of Gilroy's Public Works
Director /City Engineer.
Resolution No. 201' -01
Page 11
b. Until such time ?s, the Improvements are accepted by City. Developer sha!l.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.
33. 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 beg_ inning_
7/1/2017.
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 00% 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.
34. TRANSPORTATION
a. Developer shall submit final photometric plans prior to first building permit
issuance.
b. Developer shall install all street light conduits as 2" SCH40 PVC per City
Standard EL =l and related pull boxes shall follow City Standard EL -14.
c. Final streetlight locations shall be to the satisfaction of the C_ ity Transportation
Engineer and shall follow City standards.
d. 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.
e. Any work in the public right -of -way shall require a traffic control ;plan prepared'
by a licensed, professional engineer with experience in preparing such plans.
Traffic Control' Plan shall be prepared in accordance with the requirements of
the latest edition of the California Manual on Uniform Traffic Control Devices.
The Traffic Control Plan shall be included in the Improvement- Plans and shall
be approved prior to grading permit issuance.
35. 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
No. 2.317 -01
Page 12
rainy'season, the developer shall submit an Erosion Control Plar. to +hv P;J)!ic
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 sedime_ nt
runoff, construction pollution and other potential construction contamination
shall be addressed through the Erosion Control Plan and Storm Water
Pollution Prevention ;Plan ( SWPPP). TheSWPPP 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 geotec__hn_ical 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.
36. 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 waterrshall' be used. All City potable water will be billed
based on the City's comprehensive fee schedule under the Portable Fire
Resolution No. 2017 -01
Page 13
hydrant meter rate.
37. WATER: The 'Developer shall penumi yield verification testing of the water
system and Will modify any part of the systems that does not perform to the
standards established by the C_ ity.
38. 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, ilocation and
details of all trenches, locations of building utility service stubs and
meters and placements or arrangements of junction structures a_ s 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 start of construction or
as otherwise determined by the Public Works Director /City Engineer.
i. One hard copy and, electronic copy of the approved /stamped PG &E
Joint Trench Composite Plans shall be submitted to the Engineering
Division. Should there be a delay in obtaining the PG &E- approved joint
trench plans, the Developer will flat be allowed to commence joint
trench work "at- risk." The developer assumes responsibility for any
required redesign, and all costs associated with the redesign and
additional city review resulting from the at -risk work completed without
PG &E- approved joint trench plans. Design revisions and ultimate joint
trench construction shall, be completed' tothe satisfaction of the City
Engineer.
ii. A note shall b_ a place_ d on the joint trench composite plans which states
that the plan agrees with City Codes and Standards and that no
Resolution No. 2017 -01
Page 14
underground U illt J nonflict exists.
g. Prior to any construction of the dry utilities in the field, the following will need
to be supplied to the City:
i. A profess_ ional engineer-signed and PG &E- approved original electrical
plan.
4. 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 improverent plans.
39. 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 alf 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. 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
Resolution No. 2017 -01
Page 15
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 feast 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. Al[ trucks
hauling soil, sand, or other loose debris shall be covered.
45. 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).
46. 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.
47. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall, re Pair 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.
48. 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. iLocation 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. AI_I disturbed or destroyed monuments shall be
reset and filed in compliance with Section 8771.
Resolution No. 201' -01
Page 16
40. ACCEPTANCE OF IMPROVEMENTS: Until such as all improver;;ents,
required are fully completed and accepted by City, Developer will The responsible
for the care maintenance of and any damage to such improvements. City shall
not, nor shall any officer or employee thereof, be liable or responsible for any
accident, loss or damage, regardless of cause, happening or occurring to the
work or Improvements required for this project prior to the completion and
acceptance of the work or Improvements. All such risks shall be the res_ponsibil_ity
of and ,are hereby assumed by the Developer.
ENGINEERING DIVISION SPECIAL CONDITIONS
50. TRANSPORTATION
a. The Project shall comply with all the traffic mitigation measures identified in the
project's Initial Study /MND Addendum.
51. 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 C_ ertific_ations 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_ locationsshown on the Landscape
Plans.
c.Stormwater BMP Operation and Mainten_a_nce 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.
Resolution No. 2017 -01
Page 17
d. 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.
ii. 'Unless otherwise required by the City Engineer or designee, storrwater
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) iName 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.
iii. Upon completion of each inspection, an inspection report shall be submitted to
Public Works Engineering no later than October 1St for the Fall report, and no later
than March 15`h of the following year for the Winter report.
52. GENERAL
a. The approved construction schedule shall be "shared with Gilroy Unified School District
GUSD) to avoid traffic impacts to school functions at Solorsano Middle School. An
approved construction information handout(s) shall also be provided to GUSD to share_
with school parents.
FIRE DEPARTMENT CONDITIONS
The following conditions s_ hall be shown or included on off-site improvement plans as
Fire Department Notes." Prior to street completion, the Fire Marshal shall be contacted
and a fire clearance for off -site improvements shall be scheduled. No building permits
will be issued without a Fire — Off-Site Improvement Inspection and Fire Flow Test
administered by the Fire Marshal.
53. Developer shall provide secondary access when 301 or more units served.
Secondary Access does not need to serve as public access; however; the
roadway shall meet city standards as a street, subject to the review and approval
of the Fire Marshal. Any alternative designs are subject to review and approval
by the Fire Chief. Additional means of emergency access may be required when
conditions for Fire Response are impacted by time /travel distances are deemed
excessive or problematic.
54. Gated Access Roadways shall be electronic and provided with a click to open
electronic opening system compatible with Fire Department equipment, as well
as KNOX key override for both Fire and Police access. A building permit shall be
obtained for the gate installation. The gate shall also have Police and Fire KNOX
Resolution No. 20 i 7-01
Page 18
key over -ride. The gate shall also be recessed from the a visitor
turn out provided.
55. 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. Offsite improvement plans shall provide Fire Hydrants per the City
Standard. Hydrants shall b_ a installed prior to commencement of construction
With combustible materials
56. 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 offsite
improvement plan shall provide 1.5 inch water laterals and, 1 -inch 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.
5.7. 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. Dead end streets shall, be provided
with a cul -de -sac of 78 -foot diameter unless they qualify for an exemption. This
shall, be subject to the review and approval of the Fire Marshal,.
58. Parking restrictions shall be as follows:
a. Less than 28 feet, no parking on either side
b. Less than 36 feet, no parking on one side.
c. At or over 36 feet, parking not restricted.
d. 78 -foot diameter cul -de -sacs shall be provided with red c_ urbing and fire
lane signage.
e. 98 -foot diameter cul -de -sacs do not require fire lane red curb or signage.
59. 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.
60. For private, streets; red curbing and signage shall be maintained by the
Homeowners' Association. A parking enforcement plan shall be implemented by
the Ho_meowne_ rs' Association:
61. Street names shall be shown on off -site improvement plans and building plans.
Addresses shall be assigned by the City Engineering Division prior to
improvement plan and building permit submittal. Street signage shall' be installed
before any on -site improvements (foundations or buildings) begin.
62. 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 o_ r 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, the property
owner shall be responsible.
pQvvl..a v,, niv 2017 -01
Page 19
PASSED AND ADOPTED this 5th day of January 2017 by the following roll call vote:
AYES: Commissioner Rebeca Armendariz; Commissioner Steve Ashford;
Commissioner Tom Fischer; Commissioner Richard Gullen;
Commissioner Kai Lai; Chair Sue Rodriguez
NOES:
ABSENT:
ATTEST: APPROVED:
S,,,,,-
Rebecca Tolentino, Secretary Sue Rodriguez, rson