Resolution No. 2017-03 | Tentative Map (TM 16-03) 113-Single-Family Residential Lots | Adopted 03/16/2017RESOLUTION NO. 2017-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 16-03,
CREATING 113 SINGLE-FAMILY RESIDENTIAL LOTS, SEVEN OPEN
SPACE LOTS, A REMAINDER LOT FOR FUTURE DEVELOPMENT,
AND ASSOCIATED PUBLIC AND PRIVATE STREETS, LOCATED
WITHIN THE GLEN LOMA RANCH SPECIFIC PLAN AREA, EAST OF
WEST TENTH STREET, BETWEEN SANTA TERESA BOULEVARD AND
WEST LUCHESSA AVENUE, APNS 808-19-010 (PORTION); and 808-
19-024 (PORTION), FILED BY GLEN LOMA CORPORATION, 7888
WREN AVENUE, SUITE D-143, GILROY, CA 95020.
WHEREAS, The Glen Loma Corporation submitted an application requesting a
tentative map to subdivide an approximate 28+/- acre site into 113 single-family lots,
seven open space lots, a remainder lot for future development, and associated public
and private streets; and
WHEREAS, the subject property is located within the Glen Loma Ranch Specific
Plan area, between Santa Teresa Boulevard and West Luchessa Avenue, commonly
known as The Grove and Luchessa neighborhoods; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
tentative map (TM 16-03), in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations; and
WHEREAS, said tentative map was referred to various public utility companies
and City departments, including the 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
pursuant to a specific plan from further environmental review under CEQA, as long as
Resolution No. 2017-03
Page 2
the project meets the requirements of that section. Staff has determined that the
proposed residential subdivision meets the requirements 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 Policy."
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 hereby recommends to the City Council the approval of the tentative map,
subject to the following conditions:
Resolution No. 2017-03
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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 notify 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 66474.9.
3. The Final Map shall substantially comply with the Tentative Map prepared by
Ruggeri Jensen Azar, dated March 2017 and stamped approved, except as
modified by the City Council'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 EIR
addendum, prepared pursuant to the California Environmental Quality Act, and as
modified based upon changes in applicable regulations, are included 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 (corresponds to EIR Mitigation Measure 3):
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The following measures shall be implemented at all construction sites:
• 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 reductions:
• 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 trees/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 other 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 trees.
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
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be required only if any construction would occur during the nesting and/or
breeding season of protected bird species potentially 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).
9. 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).
10. 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 California 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 that 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 allowed 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.
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11. Any loss of oak and/or riparian woodland habitat resulting from development
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 oak 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 the
creek (corresponds to EIR Mitigation Measure 13).
13. Prior to issuance of 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 and/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 development phase. The project proponent shall
obtain all necessary permits and/or approvals from the U.S. Army Corps of
Engineers and shall retain a restoration specialist to prepare a detailed wetland
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).
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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 (corresponds to EIR Mitigation Measure 16).
16. Prior to approval of a tentative map for each 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 approval by the Gilroy BLES Division prior to
the 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 2005) 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 corridors 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).
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21. The project applicant for any proposed development on the project site, 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 shall 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 areas within the Specific Plan area,
the following measures shall be incorporated into the project plans to mitigate
construction noise, subject to the review and approval of the City of 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
mufflers 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 near 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, implementation of this mitigation measure is the responsibility of the
project proponent, prior to issuance of the first building permit. Payment of the
Traffic Impact Fee shall satisfy this mitigation measure.
26. Prior to the first building occupancy in the third phase of the Glen Loma Ranch
Specific Plan development, signalize the Santa Teresa Boulevard/Fitzgerald
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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 this mitigation measure, prior to the issuance of the first
building permit in Phase II.
Partial mitigation (installation of a signal) for this intersection has been
completed. The remaining improvements shall be deferred until the first
occupancy permit in Phase 3.
27. 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 formulated and implemented.
28. 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 Gilroy Planning
Division (corresponds to EIR Mitigation Measure 46):
If human remains are found during construction there shall be no further
excavation or disturbance of the site or any nearby area reasonably suspected to
overlie adjacent human remains until the coroner of Santa Clara County is
contacted to determine that no investigation of the cause of death is required. If
the coroner determines the remains to be Native American the coroner shall
contact the Native American Heritage Commission within 24 hours. The Native
American Heritage Commission shall identify the person or persons it believes to
be the most likely descendent (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
Resolution No. 2017-03
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recommendation of the descendent, and the mediation by the Native American
Heritage Commission fails to provide measures acceptable to the landowner.
29. Residential fire sprinklers shall be installed in all residences within the specific
plan area over 3,000 square feet, including single-family and multi -family town
homes or apartments, and residential clusters with more than 25 units that lack
secondary access. 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).
30. Prior to final map approval, the developer shall provide a slope easement, or
another mechanism approved by the city, on lot 97 to ensure maintenance of the
side yard slope.
31. As part of the final map approval, fences shall be prohibited in the street side
yard PSEs for lots 68, 80, 81, 93, 97, 102, 108 and 110.
ENGINEERING DIVISION STANDARD CONDITIONS
General
32. Developer shall perform all work in compliance with the City of Gilroy Specifications
Standards Design Criteria and is subject to all laws of the City of Gilroy by reference.
Street improvements and the design of all off -site storm drainage facilities, sewer
and water lines, and all street sections shall be in 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.
33. 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.
34.The applicant shall obtain all applicable permits from federal, state, and local
agencies as required to construct the proposed improvements.
35.All existing utility poles shall be removed, and all utilities placed underground. No
new poles are allowed.
FEES
36.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.
37.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.
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38. 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.
39.The fees shall be based on the current comprehensive fee schedule in effect at the
time of fee payment, consistent with city policy.
TRANSPORTATION
40. Developer shall submit final photometric plans prior to first building permit issuance.
41.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.
42.Final streetlight locations shall be to the satisfaction of the City Transportation
Engineer and shall follow City standards.
43. Developer shall design driveway grades to keep a standard 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.
44.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.
GRADING/DRAINAGE
45.All grading activity shall address National Pollutant Discharge Elimination System
(NPDES) concerns. If all or part of the construction occurs during the rainy season,
the developer shall submit an Erosion Control Plan to the Public Works Director for
review and approval. This plan shall incorporate erosion control devices and other
techniques in accordance with Municipal Code § 27C to minimize erosion. Specific
measures to control sediment runoff, construction pollution and other potential
construction contamination sediment runoff, construction pollution and other
potential construction contamination shall be addressed through the Erosion Control
Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall
supplement the Erosion Control Plan and project improvement plans. These
documents shall also be kept on -site while the project is under construction. A
Notice of Intent (NOI) shall be filed with the State Water Resources Control Board,
with a copy provided to the Engineering Division before a grading permit will be
issued. WDID# shall be provided prior to Improvement Plan/Final Map approval.
46.All grading operations and soil compaction activities shall be per the approved
project's geotechnical report that was prepared for the design of the project and shall
be subject to the approval of the Public Works Director. Site preparation and cut/fill
construction shall be conducted under the observation of, and tested by, a licensed
soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each
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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.
47. 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.
48.WATER CONSERVATION: The project shall fully comply with the measures
required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City
Code, Chapter 27, Article VI), and subsequent amendments to meet the
requirements imposed by the State of California's Water Board. This ordinance
established permanent voluntary water saving measures and temporary
conservation standards.
a. All construction water from fire hydrants shall be metered and billed at the
current hydrant meter rate.
b. Recycled water shall be used for construction water, where available, as
determined by the Public Works Director. Recycled water shall be billed
at the municipal industrial rate based on the current Santa Clara Valley
Water District's municipal industrial rate.
c. Where recycled water is not available, as determined by the Public Works
Director, potable water shall be used. All City potable water will be billed
based on the City's comprehensive fee schedule under the Portable Fire
hydrant meter rate.
49.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.
50. UTILITIES:
a. Sanitary sewer laterals and/or water meters located in driveways shall
have traffic rated boxes and lids.
b. All mainline storm drain piping shall have a minimum diameter of 18
inches and the lateral connections shall have a minimum diameter of 15
inches.
c. The Developer/Contractor shall make accessible any or all City utilities as
directed by the Public Works Director.
d. Storm and sewer lines in private areas shall be privately maintained
unless approved by the Public Works Director.
e. Improvement plans are required for all on -site and off -site improvements.
The following items will need to be completed prior to first building permit
submittal:
i. The Developer shall provide joint trench composite plans for the
underground electrical, gas, telephone, cable television, and
communication conduits and cables including the size, location and
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details of all trenches, locations of building utility service stubs and
meters and placements or arrangements of junction structures as a
part of the Improvement Plan submittals for the project. Show
preferred and alternative locations for all utility vaults and boxes if
project has not obtained PG&E approval. A licensed Civil or
Electrical Engineer shall sign the composite drawings and/or utility
improvement plans. (All dry utilities shall be placed underground).
ii. The Developer shall negotiate right-of-way with Pacific Gas and
Electric and other utilities subject to the review and approval by the
Engineering Division and the utility companies.
iii. "Will Serve Letter' from each utility company for the subdivision
shall be supplied to the City.
f. Joint trench composite plans shall be approved prior to 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 not be
allowed to commence joint trench work.
g. A note shall be placed on the joint trench composite plans which states
that the plan agrees with City Codes and Standards and that no
underground utility conflict exists.
h. Prior to any construction of the dry utilities in the field, the following will
need to be supplied to the City:
i. A professional engineer -signed and PG&E -approved original
electrical plan.
H. 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.
51. NOTICING: At least one week prior to commencement of work, the Developer shall
post at the site and mail to owners of property within (500') five 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.
52. 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.
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53. 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.
54.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.
55. 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.
56. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after completion of
grading, and by landscaping disturbed soils as soon as possible. Further, water
trucks shall be present and in use at the construction site. All portions of the site
subject to blowing dust shall be watered as often as deemed necessary by the City,
or a minimum of three times daily, or apply (non -toxic) soil stabilizers on all unpaved
access roads, parking areas, and staging areas at construction sites in order to
insure proper control of blowing dust for the duration of the project. Watering on
public streets shall not occur. Streets will be cleaned by street sweepers or by hand
as often as deemed necessary by the Public Works Director, or at least once a day.
Watering associated with on -site construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall include at least one late -afternoon watering to
minimize the effects of blowing dust. All public streets soiled or littered due to this
construction activity shall be cleaned and swept on a daily basis during the
workweek to the satisfaction of the Public Works Director. Demolition or earthwork
activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH.
All trucks hauling soil, sand, or other loose debris shall be covered:
57.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).
58. 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.
59. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or
replace all existing improvements not designated.for removal that are damaged or
removed because of developer's operations. Improvements such as, but not limited
to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement
markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a
condition equal to or better than the original condition. Existing improvement to be
repaired or replaced shall be at the direction of the Engineering Construction
Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer
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shall request a walk-through with the Engineering Construction Inspector before the
start of construction to verify existing conditions.
60. MONUMENTS
a. A minimum of one exterior monument shall be set. Additional monuments
can be required by the City Engineer or City Surveyor as deemed
necessary.
b. Location of monuments shall be tied out prior to work. Any City
monument damaged, displaced or destroyed shall be replaced at the
developer's sole expense.
c. In accordance with the California Professional Land Surveyors' Act
(Business and Professions Code) Chapter 15 Sections 8771 and 8725,
California Penal Code 605, and California Government Code 27581, the
developer, their employees, subcontractors, and/or any person performing
construction activities that will or may disturb an existing roadway/ street
monument, corner stake, or any other permanent surveyed monument
shall show all current monuments on the plans and shall ensure that a
Corner Record and/or Record of Survey are filed with the County Surveyor
Office prior to disturbing said monuments. All disturbed or destroyed
monuments shall be reset and filed in compliance with Section 8771.
61.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.
ENGINEERING DIVISION SPECIAL CONDITIONS
62. Prior to the approval of the final map the Developer shall submit a Storm Water Control
Plan. The plan shall include the lot coverage based to the proposed house footprint for
each lot. If the architecture or house plotting is not known at the time of final design the
storm water control plan shall assume the maximum building footprint for each lot.
63. TRANSPORTATION
a. The Project shall comply with all the traffic mitigation measures identified in the
project's Initial Study/MND Addendum.
64.STORMWATER: This project is subject to post -construction stormwater quality
requirements per Chapter 27D of the Gilroy Municipal Code.
a. At grading permit phase, submit the final Stormwater Management Plan and
final signed Performance Requirement Certifications specified in the
Stormwater Guidance Manual.
b. At improvement plan phase, confirm that the bioretention basin locations
shown on the Stormwater Control Plan match with the locations shown on the
Landscape Plans.
c. Stormwater BMP Operation and Maintenance Agreement
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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.
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, stormwater
facility inspections shall be done at least twice per year, once in Fall, in
preparation for the wet season, and once in Winter. Written records shall be
kept of all inspections and shall include, at minimum, the following
information:
a) Site address;
b) Date and time of inspection;
c) Name of the person conducting the inspection;
d) List of stormwater facilities inspected;
e) Condition of each stormwater facility inspected;
f) Description of any needed maintenance or repairs; and
g) As applicable, the need for site re -inspection.
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 15th of the following year for the Winter report.
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65.The developer shall install an informational sign at Mataro Basin to build community
awareness of biodiversity, water quality, and flood management. The informational
sign shall be reviewed and approved by the Engineering division.
FIRE DEPARTMENT CONDITIONS
The following conditions shall 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.
66. Developer shall provide secondary access when 30 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.
67. 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
key over -ride. The gate shall also be recessed from the roadway and a visitor
turn out provided.
68. 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 be installed prior to commencement of construction
with combustible materials
69. 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.
70. 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.
71. 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.
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.d. 78-foot diameter cul-de-sacs shall be provided with red curbing and fire
lane signage.
e. 98-foot diameter cul-de-sacs do not require fire lane red curb or signage.
72. 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.
73. For private streets; red curbing and signage shall be maintained by the
Homeowners' Association. A parking enforcement plan shall be implemented by
the Homeowners' Association.
74. 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.
75. Open Spaces, including storm water detention/retention basins, agricultural lots,
landscaped and naturally vegetated areas shall have vegetation management to
remove dead plants and debris, and to remove, disc or mow weeds during weed
abatement season from April to November of each year. In HOA-managed
areas, the HOA shall be responsible. For privately -owned property, the property
owner shall be responsible.
PASSED AND ADOPTED this 18th day of May 2017 by the following roll call vote:
AYES: Commissioner Rebeca Armendariz; Commissioner Steve Ashford;
Chair Tom Fischer; Commissioner Richard Gullen; Commissioner Kai
Lai; Commissioner Sue Rodriguez
NOES:
ABSENT:
ATTEST:
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Rebecca Tolentino, Secretary