Resolution No. 2017-02 | Architectural and Site Review (AS 16-32) 73-Unit Residential Project | Adopted 02/16/2017RESOLUTION NO. 2017-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF ARCHITECTURAL AND SITE
REVIEW AS 16-32 TO ALLOW CONSTRUCTION OF A 73-UNIT
RESIDENTIAL PROJECT LOCATED SOUTH OF HECKER PASS
HIGHWAY (STATE ROUTE 152) AT 2730 LONE OAK COURT
(ASSESSOR'S PARCEL NUMBERS 810-20-022 AND 810-20-007) AND
ADOPTION OF THE HEARTLAND GARDENS MITIGATION MONITORING
AND REPORTING PROGRAM. FILED BY MERITAGE HOMES, 1671 EAST
MONTE VISTA AVENUE, SUITE 124, VACAVILLE, CA 95687.
WHEREAS, Meritage Homes, submitted an application (AS 16-32) requesting an
Architectural and Site Review to approve the architectural and site design of the Heartland
Gardens residential project; and
WHEREAS, the subject property is located within the Hecker Pass Specific Plan
area, south of Hecker Pass Highway (State Route 152) at 2730 Lone Oak Court; and
WHEREAS, application AS 16-32 proposes a 73-unit residential development for
the area previously approved under tentative map applications TM 13-09 (67 lots) and TM
05-06B (six lots); and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
Architectural and Site Review request, in accordance with the Gilroy Zoning Ordinance,
Hecker Pass Specific Plan, and other applicable standards and regulations; and
WHEREAS, the project is consistent with applicable general plan, specific plan, and
zoning designations; has no value as habitat for endangered, rare or threatened species;
would not result in any significant effects relating to traffic, noise, air quality, or water
quality; and can be adequately served by all required utilities and public services; and
WHEREAS, said Architectural and Site Review application was referred to various
city departments, including the Technical Advisory Committee, for recommendations; and
WHEREAS, a Mitigation Monitoring and Reporting Program (MMRP) has been
prepared for the Heartland Gardens project in compliance with the certified environmental
impact report (EIR) for the Hecker Pass Specific Plan; and
WHEREAS, the Planning Commission finds the Heartland Gardens MMRP
conforms to the Hecker Pass Specific Plan EIR and elements thereof; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the Staff
Report dated February 16, 2017, along with testimony received at the duly -noticed public
hearing and other materials; and
Resolution No. 2017-02
Page 2
WHEREAS, the Planning Commission finds the Architectural and Site Review
application conforms to the City's General Plan and elements thereof; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby recommends to the City Council adoption of the Heartland Gardens MMRP and the
approval of the Architectural and Site Review application AS 16-32, 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
1. Approval of Architectural and Site Review (AS 16-32) (hereinafter "this permit") is
granted for approved plans stamped as "Received on November 18, 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)
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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 conditions
and obligations imposed by this permit and waive to any challenge to the validity of
the conditions and obligations stated therein. (CA, G-4)
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 tract acceptance, Developer shall complete all required offsite and onsite
improvements related to the project, including structures, paving, and landscaping.
(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. Developer shall obtain building permits for the plans within one (1) year from the date
of this permit approval. If such building permits are not received within the time frame,
this permit shall automatically become null and void unless an extension of time is
approved by the City. (PL, G-12)
PLANNING DIVISION STANDARD CONDITIONS
13. 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
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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-
I)
14. 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)
15. 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)
16. 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)
17. 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)
18. Prior to issuance of the first building permit, Developer shall submit complete
landscape plans to ensure the site irrigation system does not conflict with site lighting.
Landscape plans shall include details of the three vista points, including amenities
(e.g. benches), and shall be subject to the final review and approval of the Planning
Division. Landscape plans shall include guidelines for the linear park that prevent
contamination of Uvas Creek and its associated riparian habitat by pesticides and
fertilizers. All onsite and offsite lighting will be per an approved photometric study and
approved joint trench plans. 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)
19. 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 oroffsite except as allowed and in
conformance with an approved sign permit. (PL, PL-7)
20. 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-8)
21. 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
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payment of the Santa Clara Valley Habitat Plan fees associated with the proposed
development. (PL, PL-9)
22. Developer shall include the following language in all grading, site work, and
construction plans (BL/PL, PL-10):
"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 MILD 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."
23. 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, PLA 1)
24. Perthe approved Improvement and Landscape plans, 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-12)
25. Per the approved Improvement and Landscape plans, 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-13)
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26. Developer shall provide automatic garage doors and 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-14)
27. 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-15)
28. Building additions and patio covers shall conform to the requirements of the Hecker
Pass Specific Plan Residential zone district setbacks, or as otherwise allowed by the
Gilroy City Code. The design of such addition or patio cover shall match the materials
and style of the residence.
29. The use of wood good -neighbor fences and split -rail fencing along the sides of open
space areas shall be subject to final review and approval of the Planning Manager as
part of the building permit review. Fences shall be constructed in a manner consistent
with the requirements of City Code Section 30.34 Fencing. (PL, PL-16)
30. Prior to issuance of a Temporary Use Permit for the sales office and/or model home,
Developer shall provide details as to the posting 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 the Hecker Pass Specific Plan. Developer shall
include such details to the satisfaction of the Community Development Director or
designee. (PL, PL-17)
31. 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-18)
32. 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-19)
33. Developer shall establish a Homeowners' Association (HOA) for the development.
The HOA shall be responsible for the maintenance and enforcement of parking,
private streets, solid walls adjacent to open space areas, gates/fencing at project
entries, street lights, landscaping, recreation and other interior areas held in common
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by the HOA. Such responsibilities shall be provided within the CC&Rs for the
development. (PL, PL-20)
PLANNING LANDSCAPING CONDITIONS
34. Prior to issuance of any building permits, Developer shall submit project landscape
plans to incorporate replacement trees in kind forthe eight significant trees that will be
removed as part of the project. Replacement trees shall be provided at a ratio of 4 to
1. The species and location of the replacement trees is subject to the final approval of
the City. (PL, PL-22)
35. Applicant shall design and install landscaping and irrigation plans in accordance with
the adopted Consolidated Landscaping Policy and the Landscaping Requirements of
the City Code (Chapter 30, Section 38).
36. As part of the building permit application, the applicant shall submit a complete
landscape package in accordance with MWELO. The project's licensed landscape
architect shall also stamp and sign the landscape plans and submit a signed affidavit
verifying the landscape package complies with MWELO. A copy of the compliance
affidavit form is available at
http://www.cityofgilroy.org/DocumentCenter/Home[View/6056.
37. 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-29)
38. At a date to be determined, the Developer shall transfer responsibility to individual
homeowners and/or the Homeowners Association (HOA) for the life of the project all
maintenance of 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-30)
PLANNING DIVISION SPECIAL CONDITIONS
39. Per the Hecker Pass Specific Plan (HPSP), solid fencing next to open space (i.e.,
Lots 47, 48, 62, 63; Lots 25, 26, 34 and 70; and Lot 1 and 3) shall be limited to the
extent needed for privacy, subject to the final review and approval of the Planning
Manager.(PL, PL-31)
40. Except as expressly amended by this approval, project shall comply with all applicable
prior approvals, including but not limited to the Hecker Pass Specific Plan (HPSP),
and Tentative Maps (TM 05-613, TM 13-09). The prior Architectural and Site
application associated with this property (AS 13-27) is null and void. The mitigation
monitoring program adopted for TM 13-09 is superseded by the mitigation monitoring
program adopted for this Architectural and Site application. (PL, PL-32)
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41. The Conditions, Covenants, and Restrictions and homeowners association bylaws for
the subdivision shall be submitted to and approved by the Public Works, Community
Development, and Fire Departments prior to recordation of the Final Map. The
CC&Rs and By -Laws shall include, but not be limited to, a statement that the private
streets within the subdivision are to remain open and un-gated unless and until
modification to street configuration at the entrances to the subdivision is approved by
the City Planning Commission and installed by the homeowners association. (PL, PL-
35)
42. The developer shall disclose to every future homebuyer that the Uvas Creek Park
Preserve located south of this site will be developed with a trail that is open to the
public. Proposed language for the disclosure shall be submitted to and approved by
the Planning Division prior to issuance of any building permits forthe subdivision. (PL,
PL-36)
43. The developer shall disclose to every future homebuyer that active farming will occur
on the agricultural lands within the Hecker Pass Specific Plan area, including but not
limited to the adjacent agricultural property to the west. Proposed language for the
right -to -farm disclosure shall be submitted to and approved by the Planning Division
prior to issuance of any building permits for the subdivision. (HPSP Policy 5-9 & 11)
(PL, PL-38)
43a. An Integrated Agricultural Management Plan, as drafted by the owners of the adjacent
agricultural property, shall be given to homebuyers at the time it is received by
Developer. The Integrated Agricultural Management Plan will be referenced in the
above mentioned right -to -farm disclosure.
44. Prior to the issuance of the 1st building permit, detailed plans for fencing of the
agricultural area and Class I trails shall be submitted to and approved by the Public
Works and Community Development Departments. (PL, PL-39)
45. The applicant shall install black, powder -coated Cobra lights along the private streets
and the public street section of Lone Oak Lane. Maintenance and repair of the black,
powder -coated Cobra lights shall be the responsibility of the applicant and/or
Homeowner's Association.
46. The approximate 1.5-acre park and Lemon Grass Lane shall be constructed as part
of Phase 1 of the development. Completion of the park and Lemon Grass Lane shall
occur prior to the building final of the 40th residential unit (Phase 1).
PLANNING DIVISION ENVIRONMENTAL CONDITIONS
47. The project applicant shall specify in project plans the implementation of the following
dust control measures during grading and construction activities. The measures shall
be implemented as necessary to adequately control dust, subject to the review and
approval by the City of Gilroy Planning Division prior to issuance of a grading permit
for the subdivision (Hecker Pass Specific Plan EIR Mitigation Measure #4) (PL, PL-
40):
(A) Water all active construction areas at least twice daily;
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(B) Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard;
(C) 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;
(D) Sweep daily (with water sweepers) all paved access roads, parking areas and
staging areas at construction sites;
(E) Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets;
(F) Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas
previously graded areas inactive for ten days or more);
(G) Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed
stockpiles (dirt, sand, etc.);
(H) Limit traffic speeds on unpaved roads to 15 mph;
(1) Install sandbags or other erosion control measures to prevent silt runoff to
public roadways;
(J) Replant vegetation in disturbed areas;
(K) Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at
all exit points to dislodge and trap dirt from vehicle tires;
(L) Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 25 miles per hour; and
Limit the area subject to excavation, grading and other construction activity at
any one time.
48. All future development within the specific plan area shall implement the following
conditions to minimize disturbance to potentially significant cultural resources. Each of
the following shall be made a condition of approval for grading and Building Permits
(Hecker Pass Specific Plan EIR Mitigation Measure #6) (PL, PL-41):
(A) Developers of each project within the specific plan area shall contract with a
qualified archaeologist to provide an archeological site assessment to
determine the need for monitoring during grading and excavation activities.
(B) If cultural resources are discovered during construction, work shall be halted at
a minimum of 165 feet (50 meters) from the find and the area shall be staked
off.
(C) The monitoring professional archaeologist, if one is on site, shall be notified. If
a monitoring professional archaeologist is not on - site, the city shall be notified
immediately and a qualified professional archaeologist shall be retained. If the
find is determined to be significant, appropriate mitigation measures shall be
formulated by the professional archaeologist and implemented by the
responsible party.
49. Prior to issuance of a grading permit, a Phase 1 Environmental Site Assessment shall
be prepared in accordance with ASTM Standard(s) to identify whether past or existing
uses of the project property may have adversely affected soil or groundwater, or
would otherwise pose a health hazard during site development or habitation. If the
Phase I assessment finds that past uses may have contaminated the site, a Phase 2
Site Assessment shall be prepared. If contamination is present, clean up and disposal
Resolution No. 2017-02.
Page 10
of such contamination shall be incompliance with federal, state and local regulations
governing the cleanup and disposal of hazardous waste. Results of the Phase 1 and,
if needed, the Phase 2 assessment and cleanup shall be presented to and approved
by the City of Gilroy Engineering Division prior to issuance of a Building Permit.
(Hecker Pass Specific Plan EIR Mitigation Measure #9) (PL, PL-42)
50. Any development (i.e. public recreational facilities) with foundations or support on the
ground that is located within 50 feet (or the distance in effect at the time of
application) of the Uvas Creek top of bank shall conform to requirements of the Santa
Clara Valley Water District. (Hecker Pass Specific Plan EIR Mitigation Measure #10)
(PL, PL-43)
51. All noise generating construction activities shall be limited to weekdays between 7:00
AM and 7:00 PM and to Saturdays between 9: 00 AM and 7: 00 PM. No construction
is allowed on Sundays or city holidays. In addition, temporary berms or noise
attenuation barriers shall be utilized when necessary. This requirement shall be
attached as a contractor work specification for all projects. (Hecker Pass Specific Plan
EIR Mitigation Measure #11) (PL, PL-44)
52. Prior to issuance of a grading permit for recreational improvements in or adjacent to
the Uvas Creek riparian corridor, or construction adjacent to grassland habitat, a
qualified biologist shall be retained to inform workers of potential presence of the
special status species, their protected status, work boundaries, and measure to be
implemented to avoid loss of these species during construction activities (PL, PL-45).
53. For any recreational improvements proposed in or adjacent to the Uvas Creek
riparian corridor, which contains potential habitat for, western spadefoot toad,
steelhead, yellow -breasted chat, and / or yellow warbler, construction related activities
shall be conducted outside of the rainy season. The project proponent shall retain a
qualified biologist to monitor construction activities occurring within 100 feet of the
Uvas Creek. riparian corridor. If any special status species are observed at the site, a
qualified biologist shall salvage and relocate individual(s) to an appropriate area
outside of the construction zone. Substantiation of compliance with this condition shall
be submitted to and approved by the Planning Division prior to issuance of a grading
permit (HPSP Policy 5-43 — modified) (PL, PL-46).
54. Pre -construction surveys for protected birds shall be conducted for improvements or
development proposed in or adjacent to potential nesting habitat ( i.e., riparian
woodland) if development is proposed during the nesting and/or breeding season of
loggerhead shrike generally February through June) or raptors (generally March
through August). If any active nests are found within survey area, at the discretion of
the biologist, clearing and construction within 250 feet shall be postponed or halted
until nests are vacated and juveniles have fledged and there is no evidence of a
second attempt at nesting (HPSP Policy 5-44). Substantiation of compliance with this
condition shall be submitted to and approved by the Planning Division prior to
issuance of a grading permit (PL, PL-47).
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GENERAL ENGINEERING CONDITIONS
55. GENERAL
a. Developer shall perform all work in compliance with the City of Gilroy
Specifications and 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
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
(PW-1).
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 (PW-2).
c. The applicant shall obtain all necessary permits from federal, state, and local
agencies as required to construct the proposed improvements (PW-3).
d. All existing utility poles shall be removed, and all utilities placed underground. No
new poles are allowed (PW-4).
56. In the event it is necessary to acquire offsite easements or street right-of-way, the
owner shall enter into an agreement with the City priorto Final Map approval agreeing
to pay all condemnation costs, for dedication of all required easements or street right-
of-way. This agreement shall be recorded and require the owner to deposit all
condemnation costs with the City within 21 days of Final Map approval. The owner
shall agree to provide an initial cash deposit as determined by the City (PW-5).
57. 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
7/1/2017 (PW-6).
(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 (PW-7).
(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 (PW-8).
(D) The fees shall be based on the current comprehensive fee schedule in effect
at the time of fee payment, consistent with city policy (PW-9).
58. TRANSPORTATION
(A) Developer shall submit photometric plans prior to first building permit issuance
(PW-10).
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(B) Developer shall install all joint trench to have (4) dedicated 1 Y2"SCH 80 PVC
conduit for City Fiber Optic in a quad duct arrangement along Lone Oak Lane
frontage. Quad duct shall be per City STD EL-12 (PW-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 (PW-
12).
(D) Final streetlight locations shall be to the satisfaction of the City Transportation
Engineer and shall follow City standards (PW-13).
(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 the 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 (PW-14).
(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 Control Plan shall be included in the Improvement Plans and shall
be approved prior to grading permit issuance (PW-15).
(G) All temporary roads and detours shall have temporary asphalt paving unless
otherwise approved by the City Engineer in writing (PW-16).
59. 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 (October 15 through May 15), 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 Stormwater 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 (PW-17).
(B) All grading operations and soil compaction activities shall be perthe 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
Resolution No. 2017-02
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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 (PW-18).
(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 (PW-19).
60. 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 (PW-20).
(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 (PW-21).
(C) Where recycled water is not available, as determined by the Public Works
Director, potable water shall be used. All City potable waterwill be billed based
on the City's comprehensive fee schedule under the Portable Fire hydrant
meter rate (PW-22).
61. 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 (PW-23).
62. The developer shall provide connection to improvements needed to accommodate
the future backbone infrastructure of the HPSP, including all wet and dry utilities,
roadway construction, etc. (PW-24)
63. Recycled water facilities, as shown in the project's approved Improvement Plans,
shall be installed at sole expense to the Developer. City issued reimbursements, if
any, will be outlined in a Recycled Water Reimbursement Agreement, to be executed
between the Developer and City. (PW-25).
64. Once this architectural and site review application is approved, the developer shall
submit a 8-1/2 X 11-inch site plan to the Engineering Division to assign addressing
which shows the following: tract name and number, lot number, street names,
property lines, right-of-way lines, north arrow and curb cuts for driveway (PW-26).
65. The permanent street name sign shall be installed immediately after the curb and
gutter construction is complete (PW-27).
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66. UTILITIES
(A) Sanitary sewer laterals and/or water meters located in driveways shall have
traffic rated boxes and lids (PW-28).
(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 (PW-
29).
(C) The Developer/Contractor shall make accessible any or all City utilities as
directed by the Public Works Director (PW-30).
(D) Storm and sewer lines in private areas shall be privately maintained unless
approved by the Public Works Director (PW-31).
(E) Improvement plans are required for all on -site and off -site improvements. The
following items will need to be completed priorto 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 Engineershall sign
the composite drawings and/or utility improvement plans. (All dry utilities
shall be placed underground) (PW-32).
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 (PW-33).
(F) Joint trench composite plans shall be approved priorto final map/improvement
plan approval or as otherwise determined by the Public Works Director/City
Engineer (PW-34).
(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 (PW-35).
(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 (PW-36).
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 (PW-37).
67. 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 (PW-
38).
(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 (PW-39).
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(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 (PW-40).
68. 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 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
(PW-41).
69. 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 (PW-42).
70. START OF CONSTRUCTION: 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 (PW-43).
71. 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.
(PW-44).
72. 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 (PW-45).
73. 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
(PW-46).
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74. 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) (PW-47).
75. 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 (PW-48).
76. RESTORATION OF PUBLIC IMPROVEMENTS: The developershall repairor 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 (PW-49).
SPECIFIC ENGINEERING CONDITIONS
77. TRANSPORTATION: Typical Private Street sidewalk shall be minimum 5' wide (PW-
50).
78. STORMWATER: This project is subject to post -construction stormwater quality
requirements per Chapter 27D of the Gilroy Municipal Code.
(A) 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 (PW-51).
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
(PW-52).
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 (PW-53).
Resolution No. 2017-02
Page 17
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 (PW-54).
v. Any repairs or restoration/replacement and maintenance shall be in
accordance with City -approved plans (PW-55).
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 (PW-
56).
(B) 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 (PW-57).
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 (PW-58):
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.
(C) 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 (PW-59).
FIRE DEPARTMENT STANDARD CONDITIONS
79. Single Family Homes with a fenced yard shall have agate that opens to a public way
(or to an open yard that leads to a public way) (1713-1).
80. Detached Accessory Dwelling Units shall have a path of travel (min 36" wide) to the
street and shall be provided a separate address number. (This cannot be to the alley
side of the property as the Fire Department responds via a street address) (FP-2).
81. All residential structures shall be provided with residential fire sprinklers (13d)
including garages. City standards include:
(A) A 1 inch meter and 1.5 inch laterals shall be provided to each SFR.
(B) System to comply with NFPA 13D (2013) subject to inspection by the City.
(C) Riser shall be installed in the garage or approved exterior cabinet.
Resolution No. 2017-02
Page 18
(D) If the water supply to the home is not at the garage, water supply from point of
entry to the riser shall be approved fire sprinkler line.
(E) All enclosed garages shall be provided with sprinkler protection.
(F) At least 1 sprinkler of each type shall be present in the spare head box at final.
(G) An exterior bell/horn shall be installed on the bedroom side of the home. The
water -flow switch shall be wired to smoke alarms for interior notification.
(H) Each attic access shall be protected by a pilot head. The pilot head piping
(CPVC) shall be provided with adequate insulation or be done with a copper
riser.
(1) Sprinkler coverage shall be provided underneath stairwells when used as
storage, closets or bathrooms (even if less than 55 sq ft). Concealed spaces
used for storage in attics or crawl spaces that exceed 55 sq ft in area and 6 ft
in height, shall be provided with sprinkler coverage.
(J) A fire flow test shall be obtained from the Fire Marshal and included in the
sprinkler system design calculations.
(K) Detached second units shall have a separate water lateral not less than 1.5
inches CPVC and provided with a separate water meter or as a separate line
from the main water lateral prior to the existing structure. Second units shall
not be provided with water service from the main residence (FP-3).
82. House numbers shall be clearly visible from the street. The following standards apply:
(A) For Single family homes addressing shall be from the street that the front door
faces and shall be visible from that street. If the house is recessed, obstructed
or at an angle such that the front door is not visible from the street, an
additional address sign shall be provided that is visible from the street. All main
address numbers shall be illuminated a minimum of 2.5 inches in height with a
3/8 inch stroke and placed to read from left to right and/or top to bottom, and
located at least 60 inches high from the ground (FP-4).
83. Chimneys shall have spark arrestors installed. No permanent outdoor, wood -fired
fireplaces/pits are allowed. Trees and tree branches shall not be within 10 feet of a
chimney (FP-5).
84. For gated communities, or gated EVA's or gates to more than two homes: Gates shall
be electronically operated using the "Click to Open" TM system. A building permit
shall be obtained for the gate installation. The gate shall also have Police and Fire
KNOX key over -ride. The gate shall also be recessed from the roadway and a visitor
turn out provided (FP-6).
85. Gates to two or fewer homes: Shall be provided with Fire and Police KNOX key
access and be recessed (FP-7).
86. When streets are less than 36 feet in width parking restrictions as indicated below
apply: For streets less than 36 feet wide (curb to curb) and greater or equal to 28 feet
wide, one side shall be marked as a fire lane. Signage stating : "FIRE LANE - NO
PARKING" or red curbing stenciled with "FIRE LANE" shall be provided in any areas
longer than 8 feet, in cul de sacs and along the turning radius of the street (both
sides). When using signage spacing shall be determined by the Traffic Engineer.
Resolution No. 2017-02
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When the street is less than 28 feet wide both sides shall be marked as above as
FIRE LANES. Shared private access driveways that do not provide parking shall be
provided with No Parking Signage and/or red curbing. Red curbing shall be
maintained by the homeowners' association. A parking enforcement plan shall be
implemented by the homeowners' association (FP-6).
87. Landscaping in the open space areas shall be maintained so as not to become a fire
hazard. All dead and dry vegetation to be removed by May 15th each year and to be
maintained until November (FP-7).
88. Egress Windows shall be provided on all sleeping rooms. A room that does not have
a clearly defined use as a kitchen, closet, dining room, living/family room or study
shall be considered a bedroom. Studies/libraries with closets shall be treated as
bedrooms. Storage rooms that are provided with windows, and electrical outlets and
are greater than 50 square feet may also be considered bedrooms if attached to a
dwelling unit (FP-8).
SPECIFIC FIRE DEPARTMENT CONDITIONS
89. Gate permit required before any construction takes place. The developer must
acquire a Building Department permit for the construction of the gate. The 'click to
enter' capability and a Knox key shall be included as part of the submittal (FP-9).
90. Prior to building permit, developer must address and propose solution to the lack of
fire hydrant coverage in the area of lot 30 consistent with the City of Gilroy
Amendments to the 2016 California Fire Code (FP-10).
PASSED AND ADOPTED this 16t' day of February 2017 by the following roll call vote:
AYES: COMMISSIONERS: Ashford, Lai, Rodriguez, Scheel, Estorga, Fischer
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Armendariz
ATTEST:
Rebecca Tolentino, Secretary