Resolution No. 2023-11 | Architectural and Site Review (AS 22-06) Industrial Office and Shop Facility | Adopted 07/20/2023AS 22-06
RESOLUTION NO. 2023-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING ARCHITECTURAL AND SITE REVIEW FOR A 12,000
SQUARE FOOT LIGHT INDUSTRIAL OFFICE AND SHOP FACILITY ON A
1.84 ACRE SITE LOCATED AT 8820 MURAOKA DRIVE, APN: 835-31-028
(FILE NUMBER AS 22-06)
WHEREAS, on March 9, 2022, Santino Orozco, submitted an application
requesting architectural and site review of a new industrial facility for the McKim
Headquarters Project a pavement contracting use on an in-fill site within the M1 Limited
Industrial, Murray-Las Animas Avenue Overlay Combining zoning district (APN: 835-31-
028); and
WHEREAS, on April 17, 2023 the application was accepted as complete for
processing, after review of additional information and/or revisions provided on July 14,
2022, January 27, 2023, and March 22, 2023; and
WHEREAS, the project has been determined to be exempt from environmental
review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section
15332 (Class 32) which applies to urban in-fill development on sites less than five acres,
served by existing facilities and utilities, consistent with the general plan and zoning, and
that have no other environmental concerns; and
W HEREAS, on July 20, 2023, the Planning Commission held a duly noticed
public meeting on the project, at which time the Planning Commission received and
considered the staff report and all evidence received on the project, including written and
oral public testimony; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings on this project is the Community Development
Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby grants approval of Architectural and Site Review AS 22-06 based on the
following findings made pursuant to Gilroy City Code section 30.50.43 (Scope of Review)
and subject to the conditions in Exhibit A:
A. The proposed development is consistent with the intent of the goals and policies of
the City of Gilroy 2040 General Plan (adopted November 2020) given the light
industrial development is anticipated within the Industrial Park land use designation
and is in substantial conformance with the applicable goals and policies including
LU1.1, LU5, LU5.1, LU5.2, M.3.2, M3.3, M3.9, M5.3, M5.4, M5.11, M5.16, EP2 and
EP3 as it results in orderly and attractive in-fill industrial development that will provide
additional employment opportunities within the city, proposes durable materials and
a color scheme that is compatible with the architecture and surrounding buildings,
provides landscaping in compliance with standards, lighting shielded to prevent
glare, public sidewalks and bicycle facilities;
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B. The development as proposed and conditioned is consistent with the Zoning
Ordinance Map Act given that it involves development of a legal lot in compliance
with all applicable requirements of the M1 zoning district land use tables and site and
building standards;
C. The proposed Architectural and Site Review request is consistent with the Industrial
Design Guidelines given that the in-fill project provides vertical and horizontal
articulation of the building with varied colors and materials that complement the
architecture, individual letter wall signage would be required, landscaping is provided
for all yard areas which include trees on street frontage and side yard areas,
adequate parking and access and fire lanes are provided and area, loading and
unloading is available on-site and screened trash enclosure for waste materials is
provided;
D. The Architectural and Site Review request is consistent with the intent of the goals
and policies of the Murray-Las Animas Avenue Overlay Combining District Policy
given that the project provides landscaping that enhances the site appearance, and
attractive architecture and building materials are upgraded with articulation, windows
and trellis structures to provide a pedestrian scale façade consistent with the
requirements of the policy for this location;
E. Public utilities and infrastructure improvements needed to serve the proposed project
are available to serve the site form the existing public streets; and
F. There will be no significant environmenta l impacts as a result of this project which
consists of expansion of an existing developed industrial site, which qualifies for an
exemption from the California Environmental Quality Act (CEQA) pursuant to section
15332 of the CEQA guidelines, and the project will require payment of any required
nitrogen deposition only habitat fees in compliance with the Santa Clara Valley
Habitat Plan prior to issuance of a building permit.
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PASSED AND ADOPTED this 20th day of July 2023 by the following roll call vote:
AYES: Commissioner Elle, Fugazzi, Leongardt, Lewis, Ramirez, Vice Chair
Kushner, Chair Bhandal
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
______________________________ ___________________________________
Sharon Goei, Secretary Manny Bhandal, Chairperson
Community Development Director
Attachment: Exhibit A (Conditions of Approval)
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EXHIBIT A
AS 22-06
8820 Muraoka Drive
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for AS 22-06 is granted to construct a new
industrial building with ancillary office and yard area, located on Assessor Parcel
No. 835-31-028, as shown on Project Plans stamped approved in the Planning
Division project file, as follows:
a. Architectural Plans by Seshat Design for New Metal Buildings McKim
Corporation Headquarters dated 6/9/22 consisting of floor plan and
elevation sheets A-2, A-3, A-4. A-5 and Section A; with the exception that
the second floor office space shall be limited to mezzanine use only, subject
to a separate tenant improvement permit and parking review.
b. Civil Plans by MH Engineering Co. for 8820 Muraoka Drive APN 835 31 028
dated 3/17/23 consisting of site plan, grading plan, sections, stormwater
control plan, and details sheets 1 through 5.
c. Landscape Plans by Karen Aitken & Associates Landscape Architects dated
3-21/23 consisting of planting plan, irrigation plan, and irrigation details
sheets L-1, L-2 and L-3.
d. Exterior lighting plan by ECD dated 2/7/22 sheet E010 and Title 24 exterior
lighting sheet T24-1.
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 , including any
changes made at time of building permit submittal, 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.
2. PERMIT EXPIRATION: The expiration date of this approval is one year from the
decision date, July 20, 2024 during which time the applicant shall submit
application for building permits and pursue construction diligently to completion. If
any development for which architectural and site approval has been granted has
not submitted complete application for building permits within one (1) year from the
date of notification of approval, pursued issuance of the permit and/or initiated
construction within 6 months of the permit issuance shall be deemed automatically
revoked. Once issued construction shall be completed within one (1) year.
Upon application, an extension of time may be granted by the Community
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Development Director or designee. 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.
3. COMPLIANCE WITH CONDITIONS: 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.
4. INDEMNIFICATION: 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.
5. SIGNS: No signs are approved as part of this application. Prior to issuance of a
sign permit for this site, Developer shall propose well-designed, quality signs that
comply with the allowances of the City Code and are to the satisfaction of the
Community Development Director or designee.
6. SIGNAGE: All signage advertising the development project or components thereof,
including individual tenants or subdivisions, shall be installed or ma intained onsite
or offsite as allowed and in conformance with an approved sign permit.
7. WATER LIMITATIONS: Developer shall be advised that the approval is subject to
the drought emergencies provisions pursuant to the Gilroy City Code Chapter
27.98.
8. OUTDOOR ACTIVITIES: Developer may use the aggregate base yard area behind
the building for parking of work vehicles and equipment in an orderly manner.
Fencing of the yard area shall be provided to screen the area, subject to review by
the Planning Division in compliance with zoning code section 30.34.20 and section
30.50.44. Screening shall match the predominant design and materials of the main
structure on the project site.
9. SINGLE-PHASE DEVELOPMENT: Construction of the project shall be done in a
single-phase unless a phased construction project schedule is approved by the
Community Development Director or designee.
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10. PARKING FOR USE INTENSIFICATION. Parking for the use shall be provided for
the maximum number of employees per shift. The plan for additional parking shall
be implemented if/when the use changes and requires additional parking in
compliance with the City parking standards.
11. LIGHTING DETAILS. Plans for building permit shall include details for wall pack
and parking light lighting which shall be compatible with the building architecture
and directed downward and shielded to direct lighting to illuminate the walkways,
entrances and parking areas without creating off-site glare.
The following conditions shall be addressed prior to issuance of any BUILDING
PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as
otherwise specified in the condition.
12. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that
includes a reproduction of all conditions of approval of this permit, as adopted by
the decision-maker.
13. EXISTING VIOLATIONS: 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.
14. COLORS AND MATERIALS: Plans submitted for building permit applications shall
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.
15. LANDSCAPE AND LIGHTING PLAN: Prior to issuance of grading permits,
Developer shall submit a combined landscape and lighting plan to verify all project
onsite lighting shall be of a type and in a location that does not constitute a hazard
to vehicular traffic, either on private property or on public property, including
streets. Such lighting shall not conflict with drainage plans, landscape plans, tree
locations, parking spaces, or any other such land use concerns.
16. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall have submitted and obtained a final Habitat Permit approval. The
grading permit will be issued only after approval of the Habitat Plan permit and
payment of assessed fees. The applicant shall be responsible for all costs
associated with review and issuance of the permit, including application processing
fee and consultant review deposit.
The application shall consist of submittal of a Santa Clara Valley Habitat Plan
Application For Private Projects and Fees and Conditions Worksheet. Applications
for Private Projects shall be submitted electronically through the agency website].
See the Santa Clara Valley Habitat Agency website: https://www.scv-
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habitatagency.org for more information.
17. FENCES AND WALLS: All fencing and walls are to be shown on construction
drawings submitted for building permit review and comply Article XXXIV. The
design and location must comply with all setback and height requirements.
18. BICYCLE RACKS OR STORAGE: Plans for building permit shall show long term
and short term bicycle racks in compliance with building code requirements. The
racks shall be “inverted U,” style and should be located near the building entrance
(i.e., within constant visual range) unless it is demonstrated that they create a
public hazard or locating them there is otherwise infeasible. If space is unava ilable
near building entrances, the racks must be designed so that the lock is protected
from physical assault.
19. LOADING ZONES: Prior to issuance of building permit, Developer shall identify
loading areas and shall post a sign prohibiting storage or other non-loading activity
within a designated loading zone.
20. TRASH ENCLOSURE: Prior to building permit issuance, details of an opaque
screen trash enclosure are to be shown on construction drawings and approved by
the Community Development Director or designee. The trash enclosure should
match the architectural design, color, and materials of the primary structure.
21. SCREENING OF APPERTUNANCES: Developer shall show on construction
drawings details of screening for all exterior equipment, including but not limited to
mechanical equipment, post indicator valves, backflow prevention devices, utility
meters, mailboxes and address directories, etc. 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.
22. ROOFTOP EQUIPMENT: Developer shall ensure rooftop mechanical equipment,
including but not limited to heating and cooling systems, plumbing vents, ducts,
antennas and other appurtenances protruding from the roof are recessed or
otherwise screened from public street view. Details of the roof equipment and roof
screens shall be included in the building permit drawings and approved by the
Community Development Director or designee.
23. ROOF AND BUILDING DRAINPIPES: Developer shall install all roof and building
drainpipes and downspouts inside building elements and/or not be visible on any
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exterior building elevations.
24. RAIN GUTTERS AND DOWNSPOUTS: 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.
25. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall
clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil
surfaces, as required by the State Model Water Efficient Landscape Ordinance
(MWELO).
26. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant
species, such as those listed by the California Invasive Plant Council.
27. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building
permits or initiation of the proposed use, whichever comes first, Developer shall
submit a completed Landscape Documentation Package, including a soil
analysis/management report along with appropriate application review fees, to the
Community Development Department, including required documentation for
compliance verification, and obtain approval of such plans.
28. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall (as
part of the irrigation system) indicate on construction drawings sensors that
suspend or alter irrigation operation during unfavorable weather conditions (e.g.
automatic rain shut-off devices).
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL
INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs
first, or as otherwise specified in the condition.
29. ON- AND OFF-SITE IMPROVEMENTS: Prior to occupancy, Developer shall
complete all required offsite and onsite improvements related to the project,
including structures, paving, and landscaping, unless otherwise allowed by the
Community Development Director, or stated in these conditions.
30. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate
of occupancy or building permit final sign-off, Developer shall complete installation
of all landscaping and irrigation in accordance with the approved plans.
31. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation of
the proposed use, or completion of each build-out phase of development,
Developer shall submit a signed Certificate of Completion, along with all necessary
supporting documentation and payment to the Community Develo pment
Department, for compliance verification of the landscape installation. Developer is
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required under the Model Water Efficient Landscape Ordinance (MWELO) to
provide a copy of the approved Certificate of Completion to the property owner or
his or her designee.
32. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required
for the foundation, framing, application of exterior materials, and final completion of
each structure to ensure that the construction matches the approved plans.
33. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall
remove all construction materials, debris, and vehicles from the subject property.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the
condition.
34. CONSTRUCTION RELATED NOISE: To minimize potential construction-related
impacts to noise, Developer shall include the following language on any grading,
site work, and construction plans issued for the subject site:
“During earth-moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m.,
and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is
prohibited on Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a
construction project area;
c. Construct sound walls or other noise reduction measures prior to developing
the project site;
d. Equip all internal combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate for the
equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize “quiet” models of air compressors and other stationary noise sources
where technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for
responding to any complaints about construction noise. The disturbance
coordinator will determine the cause of the noise complaint (e.g. bad
muffler, etc.) and will require that reasonable measures be implemented to
correct the problem.”
35. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction-
related impacts to air quality, Developer shall require all construction contractors to
implement the basic construction mitigation measures recommended by the Bay
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Area Air Quality Management District (BAAQMD) and shall include the fol lowing
language on any grading, site work, and construction plans issued for the project
site:
“During earth-moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or
offsite shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15
miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of
California Code of Regulations [CCR]). Clear signage shall be provided for
construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be
checked by a certified visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact
at the lead agency regarding dust complaints. This person shall respond
and take corrective action within 48 hours. The Air District’s phone number
shall also be visible to ensure compliance with applicable regulations.”
36. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered,
the Developer will ensure the contractor employs engineering controls and Best
Management Practices (BMPs) to minimize human exposure to potential
contaminants. Engineering controls and construction BMPs will include, but not be
limited to, the following:
a. Contractor employees working on-site will be certified in OSHA’s 40-hour
Hazardous Waste Operations and Emergency Response (HAZWOPER)
training;
b. Contractor will stockpile soil during development activities to allow for proper
characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor
emissions with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto
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transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing
winds; and
f. Contractor will cover the bottom of excavated areas with sheeting when
work is not being performed.
37. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is
discovered during construction of the project, excavati ons within 50’ of the find
shall be temporarily halted or delayed until the discovery is examined by a qualified
paleontologist, in accordance with the Society of Vertebrate Paleontology
standards. The City shall include a standard inadvertent discovery clause in every
construction contract to inform contractors of this requirement. If the find is
determined to be significant and if avoidance is not feasible, the paleontologist
shall design and carry out a data recovery plan consistent with the Society of
Vertebrate Paleontology standards.
38. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an
accidental discovery of archaeological resources during grading or construction
activities, Developer shall include the following language on any grading, site work,
and construction plans issued for the project site:
“If archaeological or cultural resources are discovered during earth-moving,
grading, or construction activities, all work shall be halted within at least 50
meters (165 feet) of the find and the a rea shall be staked off immediately.
The monitoring professional archaeologist, if one is onsite, shall be notified
and evaluate the find. If a monitoring professional archaeologist is not
onsite, the City shall be notified immediately and a qualified prof essional
archaeologist shall be retained (at Developer’s expense) to evaluate the find
and report to the City. If the find is determined to be significant, appropriate
mitigation measures shall be formulated by the professional archaeologist
and implemented by the responsible party.”
39. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or
recognition of any human remains, Developer shall include the following language
in all grading, site work, and construction plans:
“If human remains are found during earth-moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or
any nearby area reasonably suspected to overlie adjacent human remains
until the coroner of Santa Clara County is contacted to determine that no
investigation of the cause of death is required. If the coroner determines the
remains to be Native American the coroner shall contact the Native
American Heritage Commission within 24 hours. The Native American
Heritage Commission shall identify the person or persons it believes to be
the most likely descendent (MLD) from the deceased Native American. The
MLD may then make recommendations to the landowner or the person
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responsible for the excavation work, for means of treating or disp osing 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 comm ission;
b) the descendent identified fails to make a recomm endation; 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.”
40. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall maintain
landscaping and irrigation in accordance with the approved plans, except as
otherwise permitted or required by law. Significant changes to the numbe r,
placement, and selection of plant species may require a modification to this
approval, to be determined by the Community D evelopment Director or designee.
BUILDING DIVISION - Standard Conditions of Approval
41. CONDITIONS OF APPROVAL: All conditions of approval shall be included on the
first sheet after the cover sheet of the construction drawing submitted for a building
permit.
42. PRE-CONSTRUCTION MEETING: A pre-construction meeting shall be held at a
time and location agreed upon by the City and applic ant for the purpose of
reviewing conditions of approval, pre-occupancy requirements / temporary
certificate of occupancy and construction-site procedures. This meeting shall be
held prior to the issuance of any permit issued by the building department. The
applicant shall be represented by his design and construction staff, which includes
any sub-contractors. Departments having conditions of approva l for the project will
represent the City.
43. CONSTRUCTION MANAGEMENT PLAN: The project developer shall provide a
Construction Management Plan (CMP). The CMP shall be submitted to as part of the
building permit and/or Grading Permit and shall be incorporate d into the plans for
review and approval by the Building Official before issuance of a building permit. This
plan shall be a binding document. Failure to adhere to the plan may result in a "Stop
Work Notice" being placed on the project. This plan shall be updated as project
conditions warrant. The construction plan shall be designed to minimize the loss of
public parking spaces and, if any need to be lost, to minimize the length of the time
they are used for construction-related activities.
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The CMP shall include but not be limited to:
The proposed location of materials and equipment storage, scaffolding, safety
measures to protect the public from construction activities, temporary fencing,
construction trailers, parking of construction vehicles, location of portable toilets, etc.
Work schedule (start of construction date, road or lane closure intent/dates, important
milestones and proposed final dates). It shall include the hours of construction, the
construction waste Management plan, show the location of all staging/storage types,
the travel routes and tum-around locations, any road and/or lane closures and a
phasing plan.
44. TEMPORARY FENCING: Temporary fencing along the perimeter of a building site,
during construction is required to ensure security, public safety, and/or noise/dust
mitigation. “Temporary” shall mean the placement of fencing in a manner that is
not permanently attached to the ground, or attached to any other structure or
material that is itself permanently attached to the ground. Temporary construction
fences consisting of chain-link or plywood, no more that 6-feet in height above the
ground and shall not require any permits or special authorization.
Unless letters of permission from adjacent property owners or a City encroachment
permit have been obtained, temporary construction fencing shall be placed only on
the property that contains the subject construction project. All temporary
construction fencing shall be thoroughly removed from the project site upon
completion of construction. Temporary construction fences proposed in excess of
6-feet in height will require review and permitting by the B uilding Department
(discretionary review is not required for temporary fences).
45. JOB SITE SIGNAGE: Prior to construction, A 24 inch by 36 inch we atherproof sign
shall be located so it is clearly readable from the public right-of-way and shall include
the following information:
a. Address of the project site.
b. Permitted hours of construction and of deliveries/off -haul.
c. Name, e-mail address and direct phone number of the General Contractor.
d. Name, e-mail address and direct phone number of the person responsib le
for managing the project.
e. Name and phone number of person to call in case of an emergency.
f. Code Enforcement complaint telephone number (408 -846-0264).
46. CONSTRUCTION ACTIVITIES: The following provision to control traffic
congestion, noise, and dust shall be followed during site excavation, grading and
construction: Unless otherwise provided for in a validly issued permit or approval,
construction activities shall be limited between the hours of seven am and seven
pm Monday through Friday and nine am to seven pm on Saturday.
47. FINAL GRADING AND DRAINAGE PLAN: At the time of building permit plan
submittal, the project developer shall submit a final grading and drainage plan
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prepared by a licensed civil engineer depicting all final grades (with accurate
elevations above sea level indicated) and on-site drainage control measures to
prevent storm water runoff onto adjoining properties.
48. PAD ELEVATION CERTIFICATION: The applicant and/or developer shall submit a
pad elevation certification letter prepared by a licensed land surveyor or registered
civil engineer to the Building Official certifying that the pad elevation(s) and building
location (setbacks) are pursuant to the approved plans, prior to receiving a
foundation inspection for the structure.
49. SITE SURVEY: The applicant shall provide a site survey of entire parcel stamped
and signed by a Land Surveyor licensed by the State of California. The sur vey
shall include, but not be limited to, the following: location and dimensions of
property line, location of streets and easements, existing buildings, topographic
contour lines, trees/landscape, miscellaneous structures, etc.
50. PERMIT CARD: The stamped, approved, job copy of the plans and permit card
shall be located onsite at all times.
51. TITLE 24:The building(s) covered by this approval shall be designed and
constructed to the Title 24 Building Standards, including Building, Electrical,
Mechanical, Plumbing, Energy, Fire, Green Building and both State and Federal
accessibility requirements in effect and as am ended by the City of Gilroy at the
time of building permit submittal.
52. GREEN BUILDING STANDARDS: The building shall be designed to include the
green building measures specified as mandatory in the application checklists
contained in the California Green Building Standards Code. The applicant shall
incorporate the checklist along with a notation on the checklist to specify where the
information can be located on the plans, details, or specifications, etc. All measures
will be verified by the Building Inspector at final inspection.
53. GEOTECHNICAL REPORT: The applicant shall provide a stamped, signed, and
dated soil investigation report containing design recommendations to the Building
Official. The classification shall be based on observation and any necess ary tests of
materials disclosed by boring or excavations made in appropriate locations. Additional
studies may be necessary to evaluate soil strength, the effect of moisture variation on
soil-bearing capacity, compressibility, liquefaction, seismically induced soil
liquefaction, soil instability, and expansiveness. Additiona lly, the applicant shall
submit a stamped, signed, and dated letter from the Geotechnical Engineer or Civil
Engineer who prepared the soil investigation stating the following:
a. The plans and specifications substantially conform to the recommendations
in the soil investigation.
b. The Geotechnical Engineer or Civil Engineer who prep ared the soil
investigation has been retained to provide soil site observation and provide
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periodic and final reports to the City of Gilroy.
Prior to final inspection for any building or structure, the Geotechnical Engineer or
Civil Engineer who prepared the soil investigation shall issue a final report stating
the completed pad, foundation, finish grading and associated site work
substantially conform to the approved plans, specifica tions and investigations.
54. STORMWATER POLLUTION PREVENTION PLAN: The project developer shall
submit a Stormwater Pollution Prevention Plan (SWPPP) to the City
Engineer/Building Official for review and approval prior to the issuance of a grading
or building permit, whichever is sooner. A copy of the approved SWPPP, including
all approved amendments, shall be available at the project site for City review until
all engineering and building work is complete and City permits have been finaled. A
site specific SWPPP must be combined with proper and timely installation of the
Best Management Practices (BMPs), thorough and frequent inspections,
maintenance, and documentations. SWPPP for projec ts shall be kept up to date
with the projects’ progress. Failure to comply with the most updated construction
SWPPP may result in the issuance of correction notices, citations, and/ or stop
work orders. The project developer is responsible for implementing the following
BMPs. These, as well as any other applicable measures, shall be included in the
SWPPP and implemented as approved by the City.
a. The project developer shall include erosion control/stormwater quality
measures on the project grading plan which shall specifically address
measures to prevent soil, dirt, and debris from entering the public storm
drain system. Such measures may inclu de, but are not limited to,
hydroseeding, hay bales, sandbags, and siltation fences and shall be
subject to the review and approval of the City Engineer/Building Official. If
no grading plan is required, necessary erosion control/stormwater quality
measures shall be shown on the site plan submitted for a building permit,
and shall be subject to the review and approval of the Building Division. The
project developer is responsible for ensuring that the contractor is aware of
and implements such measures.
b. All cut and fill slopes shall be revegetated and stabilized after
completion of grading, but in no case later than Octob er 15. Hydroseeding
shall be accomplished before September 15 and irrigated with a temporary
irrigation system to ensure that the vegetated areas are established before
October 15. No grading shall occur between October 15 and May 1 unless
approved erosion control/stormwater quality measures are in place, subject
to the approval of City Engineer/Building Official. Such measures shall be
maintained until such time as permanent landscaping is in place.
c. Gather all sorted construction debris on a regular basis and place in the
appropriate container for recycling; to be emptied at least on a weekly basis.
When appropriate, use tarps on the ground to collect fallen debris or
splatters that could contribute to stormwater runoff pollution.
d. Remove all dirt, gravel, rubbish, refuse, and green waste from the street
pavement and storm drains adjoining the site. Limit construction access
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routes onto the site and place gravel on them. Do not drive vehicles and
equipment off paved or graveled areas during wet weather. Bro om sweep
the street pavement adjoining the project site on a daily basis. Scrape caked
on mud and dirt from these areas before sweeping.
e. Install filter materials (such as sandbags, filter fabric, etc.) at the storm
drain inlet nearest the downstream side of the project site in order to retain
any debris or dirt flowing in the storm drain system. Maintain and/or replace
filter materials to ensure effectiveness and to prevent street flooding.
f. Never clean machinery, equipment, tools, brushes, or rinse containers
into a street, gutter, or storm drain.
g. Ensure that concrete/gunite supply trucks or concrete/plaster operations
do not discharge wash water into a street, gutter, or storm drain.
h. Concrete wash area: 1) locate wash out area away from storm drains
and open ditches; 2) construct a temporary pit large enough to store the
liquid and solid waste; 3) clean the pit by allowing concrete to set; 4) break
up the concrete; and then 5) recycle or dispose of properly.
55. PRE-MANUFACTURED TRAILER: A construction trailer shall be allowed to be placed
on the project site for daily administration/coordination purposes during the
construction period. At no time shall campers, trailers, motor homes, or any other
vehicle be used as living or sleeping quarters on the const ruction site. All such
vehicles shall be removed from the site at the end of each workday. A building permit
is required for the installation of a pre-manufactured trailer.
56. PORTABLE TOILETS: Portable toilets used during construction shall be emptied
on a regular basis as necessary to prevent odor. A containment pan is required
under all portable toilets.
57. CONSTRUCTION STORAGE: All construction materials, debris and equipment
shall be stored on site. If that is not physically possible, an encroachment per mit
shall be obtained from the Department of Public Works prior to placing any
construction materials, debris, debris boxes or unlicensed equipment in the right-
of-way. The placing of portable restroom facilities in the City right-of-way will not be
permitted.
58. CONSTRUCTION SITE MAINTENANCE: All portions of the job site shall be
maintained in an organized and professional condition. All trash, debr is,
construction scraps and broken/deteriorated machinery shall be removed from the
site at the end of each week. If off loaded construction materials are not used
within 2 weeks, they shall be screened from view. All sidewalks, driveways and
public/private roadways fronting the subject site shall be broom cleaned at the end
of each business day.
59. DEMOLITION PERMIT: Demolition permit(s) shall be issued in accordance with
Section 6.1 of the Gilroy Municipal Code. Safeguards during construction shall be
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provided in accordance with Chapter 33 of the California Building Code.
60. PLAN MODIFICATIONS: Acceptance of the plans does not release the developer
from correction of mistakes, errors, or omissions contained therein. If, during the
course of construction, the public interest requires a modification or a departure
from these accepted plans, the City shall have the au thority to require such
modifications and shall specify the manner in which the same is to be made.
61. BICYCLE PARKING: Short-term bicycle parking. Provide bicycle racks for 5
percent of new visitor parking spaces added, with a minimum of one two-bike
capacity inverted U-rack, or equivalent as approved by the Community
Development Director.
Long-term bicycle parking. Provide secure bicycle parking for 5 percent of the
tenant-occupant parking spaces with a minimum of one bicycle parking facility.
FIRE SAFETY CONDITIONS
The following conditions apply to NEW CONSTRUCTION, based on the provisions for
fire safety during building construction. The building owner and general contractor
are responsible for compliance with the provisions below.
62. If a gate is to be installed it shall comply with setback and fire department access
requirements. Contact Jonathan Crick at Jonathan.crick@cityofgilroy.org if needed.
63. The building must be equipped with fire protectio n systems (e.g. a commercial
(NFPA 13) overhead fire sprinkler system, an underground fire water supply (NFPA
24), and a fire alarm system as required by the current codes and standards. The
fire sprinkler system must be designed for the highest expected h azard/commodity
classification using the hydraulic calculation method.
64. A fire hydrant flow test must be requested to design adequate fire protection
systems. Contact Jonathan Crick at Jonathan.crick@cityofgilroy.org to request a
fire hydrant flow test. The fee is $300.00.
65. Double Detector Check Assembly shall use the specifications found at the City of
Gilroy’s website for Standards and Specifications: Standard Details &
Specifications | Gilroy, CA - Official Website (cityofgilroy.org)
66. On building plans indicate uses proposed inside the building specifying if there will
be any high-piled storage (12 and higher) or any storage tanks.
67. A sewer test manhole shall be installed on the property (see City Specifications)
and in an area that can be readily accessed by an inspector (minimum of one for
each building). For tenants with industrial waste treatment systems, a separate
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sewer test manhole may be required. Show all utilities on future plans.
68. The trash enclosure shall be equipped with the following: 1) a noncombustible roof
(e.g. metal), 2) a sloping floor draining to a floor drain, 3) A Vandal-Proof floor
drain, 4) a small 40 pound grease trap plumbed to the sanitary sewer system.
PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project
ENTITLEMENT(S); and which shall be addressed on the construction plans submitted
for any BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be
satisfied prior to issuance of whichever permit is issued first, or if another deadline is
specified in a condition, at that time.
69. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the
time of first improvement plan submittal, the applicant shall submit a $10,000.00
(Ten thousand dollar) initial deposit for project plan check and construction
inspection. This deposit will be credited/accounted toward final plan check and
inspection fee for the project.
In addition, the applicant shall submit a detailed project cost est imate prepared by
the project engineer, to approval of the City Engineer, with the initial project plan
submittal. The cost estimate shall be broken out i nto on-site and off-site
improvements. Prior to plan approval, the applicant shall pay 100% of the pl an
check and inspection fee based on the approved project cost est imate. Public
Works will not sign-off on the issuance of the project building permit without full
payment of this plan check and inspection fee. (PUBLIC WORKS).
70. PLAN SUBMITTAL: The Engineering project plans shall be submitted, in full, with
the building permit plans. Improvement plans are required for both on-site and off-
site improvements, and the improvement plan set cover sheet shall include an
index referencing on-site and off-site improvements. All improvements shall be
designed and constructed in accordance with the City of Gilroy Municipal Code
and Standard Specifications and Details and are subject to all laws of the City of
Gilroy by reference. The improvement plans shall include all civil project plans
including, but not limited to, site plans, grading plans, utility plans, joint trench, off-
site plans, lighting (photometric) plans, and landscaping plans within the public
right-of-way. The plan shall clearly identify both public and private utilities. The
improvement plans shall be submitted with the Public Works Engineering submittal
checklist provided by the City, and available on the City website.
In addition:
a. A complete set of improvement plans shall consist of Civil site design,
landscape site design, Electrical, Joint Trench. Any wa lls or structural
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features part of the landscape design shall also be included;
b. Improvement plans are required for both on-site and off-site improvements.
A separate plan set for each shall be prepared, or at the approval of the
City Engineer, onsite and offsite sheets can be combined into one plan set;
c. The improvement plan submittal, including utility sheets, shall show
appropriate line types and labels to identify diffe rent type of utilities and pipe
sizes. Utility boxes, hydrants, backflow preventers, etc. shall be
relocated/installed behind the back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved
Conditions of Approval;
e. Improvement plans shall include General Notes found in the City of Gilroy
General Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering
submittal checklist, which can be found in the City’s website. At first
submittal, a completed checklist shall be included in the submittal package
and shall show which items have been included.
g. The improvement plan cover sheet shall include a table summarizing all
facilities (Streets, Utilities, Parks, Landscaping, etc.), showing the ownership
of all facilities, access rights to, and the maintenance responsibilities of all
facilities;
h. Improvement and grading plans shall show existing topo and features at
least 50’ beyond the project boundary. The plan shall clearly show existing
topo, label contour elevations, drainage patterns, flow lines, slopes, and all
other property encumbrances;
i. 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 Haul Permit is
required. A statement indicating the need to obtain a Haul Permit must be
added as a general note to the Grading and Drainage Plan;
j. All grading and improvement plans shall identify the vertical elevation
datum, date of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An
existing site plan shall be submitted showing all existing site conditions and
title report easements. The plan shall include bearing and distance
information for all right-of-way and easements;
l. The plan shall show any proposed easements to be dedicated for any
needed purpose, or any easement expected to be abandoned through
separate instrument. This includes PUE, PSE, EVAE, Cross-Property
Access Easement, Landscape Easement, Drainage Easement, Pole Line
Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts between
disciplines, the applicant shall provide a “composite exhibit” showing Civil,
Landscape, Electrical, and Joint Trench design information (as a separate
sheet titled “Composite Plan”) to confirm that there are no conflicts;
n. All Solid Waste Vehicle circulation movements shall be modeled and shown
on a separate plan sheet. The circulation plan shall be prepared to the City
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Engineer’s satisfaction, and modeled using AutoTurn swept analysis
software, and shall include all turning and street circulation movements ;
o. All Emergency Vehicle circulation movements shall be modeled and shown
on a separate plan sheet. The circulation plan shall be prepared to the City
Engineer’s satisfaction, and modeled using AutoTurn swept analysis
software, and shall include all turning and street circulation movements;
p. All utility boxes exposed to traffic or in a drivewa y, including sanitary sewer
and/or water meter boxes, shall have traffic-rated boxes and lids;
q. All on-site recycled water system improvements, including appurtenance s,
shall be located within a PSE. (PUBLIC WORKS)
71. UTILITY PLANS: A utility plan shall be provided for all projects as specified within
these conditions of approval. To ensure coordination between the applicant and
the relevant utility company:
a. The applicant shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and
cables including the size, location and details of all trenches, locations of
building utility service stubs and meters and placements or arrangements of
junction structures as a part of the Improvement Plan submittals for the
project. Show preferred and alternative locations for all utility vaults and
boxes if project has not obtained PG&E approval. A licensed Civil or
Electrical Engineer shall sign the composite drawings and/or utility
improvement plans. (All dry utilities shall be placed underground).
b. The applicant shall negotiate any necessary right-of-way or easement with
PG&E, or any other utilities, subject to the review and approval by the
Engineering Division and the utility companies.
c. A “Will Serve Letter” shall be provided for each utility company expected to
service the subdivision. Early coordination with the utility companies is
necessary to obtain this letter. Coordination of City utilities shall be through
the Engineering Division.
d. 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. (PUBLIC WORKS)
72. UTILITY RESPONSIBILITIES: Storm and sewer utilities in private areas shall be privately
owned and privately maintained. The water system in Gilroy is owned and maintained by
the City. Conversely, public utilities within utility easements on private property remain the
responsibility of the individual utility companies to maintain.
The plans shall note the inspection, ownership and maintenance responsibility for each
utility shown on the plans within a Table of Responsibilities o n the project cover sheet of
the improvement plans submitted with the initial plan submittal. The table shall include the
list of streets, the responsible party for inspection of the improvements, who is responsible
for the ownership of the utility, and who is responsible for the maintenance of the utility. An
example of this table, including the types of utilities to be listed, can be provided by the
Engineering Division upon request. (PUBLIC WORKS)
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73. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be prepared
by a registered professional engineer experienced in preparin g these types of plans. The
applicant shall submit, with the improvement plans submitted with the initial plan submittal,
a letter from the design Electrical or Civil Engineer that states the electrical plan conform to
City Codes and Standards, and to the approved improvement plans. The letter shall be
signed and stamped by the professional engineer that prepares the improvement plans.
(PUBLIC WORKS)
74. EXISTING FACILITIES PROTECTION: All existing public utilities shall be protected in
place and if necessary, relocated as approved by the City Engineer. No permanent
structure is permitted within City easements without the approval of the City of Gilro y.
(PUBLIC WORKS)
75. CONDITIONS OF APPROVAL: As a stand-alone document, submit detailed
responses of how the development will comply with each Condition of Approval.
76. WATER QUALITY: Project design shall comply with the Stormwater Management
Guidance Manual for Low Impact Development & Post-Construction
Requirements. The applicant shall submit the Source Control Checklist as well as
the appropriate Performance Requirements Checklist found in Appendix A of the
manual at the time of the initial submittal for building permit. The manual can be
found at the following site: www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)
77. DEVELOPER STORM WATER QUALITY RESPONSIBILITY : The developer is
responsible for ensuring that all contractors are aware of all storm water quality measures
and implement such measures. Failure to comply with the approved construction BM Ps will
result in the issuance of correction notices, citations, or a project stop order. (PUBLIC
WORKS)
78. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all construction
activities in accordance with Gilroy Municipal Code Section 27C, Munici pal Storm Water
Quality Protection and Discharge Controls, and Section E.10, Construction Site Storm
Water Run-Off Control Program of the Regional NPDES Permit. Detailed information can
be located at: www.flowstobay.org/documents/business/construction/SWP PP.pdf. This
sheet shall be printed and included in all building construction plan sets permitted for
construction in the City of Gilroy. (PUBLIC WORKS)
79. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire
Hydrant flow test to confirm the water system will adequately serve the
development and will modify any part of the systems that does not perform to the
standards established by the City. Applicant shall coordinate with Fire Department
for the Fire Hydrant flow test. The flow test results shall be submitted with the
initial plan submittal. (PUBLIC WORKS)
80. WATER CONSERVATION: The project shall fully comply with the measures
required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City
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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. (PUBLIC WORKS)
81. MASTER PLANS: Refer to the latest 2022 City Master Plans and check that the
development is in conformance with the Master Plans, City Standards, City
Specifications, & City General Guidelines. The Developers engineer shall confirm
in writing this project is in conformance with Master Plans at first improvement
plans submittal. If the project is not in conformance with the Master Plans, the
Developers engineer shall design and construct all items to be in conformance with
the Master Plans, City Standards, City Specifications, & City Gen eral Guidelines.
82. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water,
sewer, storm drain, and traffic studies for the development de emed appropriate by the City
Engineer. These studies shall provide the supporting hydrau lic calculation for pipe sizing
per the City Standard Design Guidelines. The study shall be reviewed and approved by
Engineering. If the results of the study indicate that this development contributes to the
over-capacity of the trunk line, the applicant will be required to mitigate the impact by
removing and replacing or upsizing of the existing utilities to accommodate the appropriate
level of project flows to the approval of the City Engineer. The improvements shall be
addressed on the construction drawings, to the approval of the City Engineer, prior to the
issuance of the first City permit. (PUBLIC WORKS)
83. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer,
Water, Traffic, and Public Facilities Development Impact Fees. The City’s latest
impact fee schedule is available on the City’s website. Payment of all Impact Fees
is required at first building permit issuance. Fees shall be based on the current fee
schedule in effect at the time of fee payment, consistent with and in accordance
with City policy. Note that impact fees increase at the beginning of each fiscal
year, July 1. Specific fee language is provided further in these conditions of
approval. (PUBLIC WORKS)
84. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the
applicant shall submit a Storm Water Management Plan (SWMP) prepared by a
registered Civil Engineer. The SWMP shall analyze the existing and ultimate
conditions and facilities, and the study shall include all off-site tributary areas.
Study and the design shall be in compliance with the City’s Stormwater
Management Guidance Manual (latest edition). Existing off -site drainage patterns,
i.e., tributary areas, drainage amount, and velocity shall not be altered by the
development. The plan shall be to the approval of the City Engineer and shall be
approved prior to the issuance of the building permit. (PUBLIC WORKS)
85. STORMWATER CONTROL PLAN: At first improvement plan submittal, the applicant shall
submit a design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to include
background, summary, and explanation of all aspects of stormwater management. The
report shall also include exhibits, tables, calculations, and all technical information
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supporting facts, including but not limited to, exhibit of the proposed site conditions, which
clearly delineates impervious and pervious areas on site. The plan shall provide a
separate hatch or shading for landscaping/pervious areas on-site including those areas
that are not bio-retention areas. This stormwater control plan report format does not
replace or is not in-lieu of any stormwater control plan sheet in the improvement plans.
The stormwater control plan shall include a signed Performance Requirement Certifications
specified in the Stormwater Guidance Manual. At applicant’s sole expense, the stormwater
control plan shall be submitted for review by an independent third party accept ed by the
City for compliance. Result of the peer review shall be submittal and approved by the City
Engineer prior to the issuance of the first building permit. (PUBLIC WORKS)
86. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall remove and replace
any and all existing improvements that are non-standard, damaged and all new
improvements that are damaged during construction or removed because of the
applicant’s operations. The applicant shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify
existing conditions. Any identified damaged to the existing facilities shall be
remove and replaced to the satisfaction of the City Engineer. Said repairs shall be
completed prior to the first occupancy of the project. (PUBLIC WORKS)
87. SIGHT DISTANCE: At first improvement plan submittal, provide sight distance
plans that clearly show standard sight distance will be provided and no items
obstruct sight distance for driveways, roadways, intersections, etc. Please note
that private signs, fences, walls, buildings, landscape features, above ground
utilities, guardrail, barriers, railing, art, etc. will not be allowed within sight distance
triangles. Provide all Sight Distance plans per Caltrans, AASHTO, and NCHRP
Requirements for all project frontage access points, driveways, roadways, and
offsite mitigation measure locations. These calculations shall be done as part of
the first improvement plan submittal because it is important to ensure the
development meets sight distance standards and all roadways, intersections,
driveways, and access points to these facilities are safe for motorists and
pedestrians. Sight distance plans shall be approved by the City Engineer prior to
first permit issuance.
(PUBLIC WORKS)
88. ELECTROILER DISTANCE TO DRIVEWAY: The existing electrolier is adjacent to
the proposed driveway on Nagareda shall not conflict with sight distance of the
driveway. At initial plan submittal the plans shall be updated to show the existing
electrolier outside of the sight distance triangle per previous COA requirements.
(PUBLIC WORKS)
89. DRIVEWAY DESIGN: Driveway grades shall be designed to keep a standard
design vehicle from dragging or “bottoming out” on the street or driveway, and to
keep water collected in the street from f lowing onto the lots. The details of such
design shall be provided on the site civil improvement plans at first improvement
plan submittal to the satisfaction of the City Engineer. (PUBLIC WORKS)
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90. GRADING & DRAINAGE: Adjust grade breaks and/or field inlets to capture and
direct all stormwater into the stormwater treatment areas prior to entering the
public right of way and storm drain facilities. On-site stormwater facilities need to
be sized to account for off -site impervious improvement areas. (PUBLIC WORKS)
91. GRADING & DRAINAGE: All grading activity shall address National Pollutant
Discharge Elimination System (NPDES) concerns. There shall be no earthwork
disturbance or grading activities between October 15th and April 15th unless
otherwise approved by the City Engineer. If approved, the applicant shall submit a
Winterization Erosion Control Plan to the City Engineer for review and approval.
This plan shall incorporate erosion control devices and other techniques in
accordance with Gilroy 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 throu gh 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 B oard,
with a copy provided to the Engineering Division before a grading permit will be
issued. A project WDID# shall be added to the grading plans prior to plan approval.
(PUBLIC WORKS)
92. GEOTECHNICAL ENGINEER: Prior to building permit issuance, the applicant’s
Geotechnical Engineer shall review the final grading, pavement design and
drainage plans to ensure that said designs are in accordance with the
recommendations or the project geotechnical study, and the peer review
comments. The applicant’s Geotechnical Engineer’s approval shall then be
conveyed to the City either by letter, or by signing the plans.
All grading operations and soil compaction activities shall be per the approved
project’s design level geotechnical report. All grading activities shall be conducted
under the observation of, and tested by, a licensed geotechnical engineer. A report
shall be filed with the City of Gilroy for each phase of construction, stating that al l
grading activities were performed in conformance with the requirements of the
project’s geotechnical report. The applicant shall add this condition to the general
notes on the grading plan.
Certification of grades and compaction are required prior to Building Permit final.
This statement must be added as a general note to the Grading and Drainage
Plan. (PUBLIC WORKS)
93. FINISH FLOOR ELEVATION: (specifically for projects in the flood zone) Site
design, including building finished floor elevations, shall comply with the 1995 Uvas
Creek Overflow Floodplain Delineation Project prepared by Schaaf & Wheeler
Consulting Civil Engineers. The project will be required to have a hydrologist
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review the project grading, to confirm this project does not have cumulative
impacts to floodwaters. The City will require a review letter by Schaaf & Wheeler
(Contact Caitlin Gilmore at 415-823-4964, Schaaf & Wheeler) be submitted to the
approval of the City Engineer prior to the issuance of the building permit. (PUBLIC
WORKS)
94. ENCROACHMENT PERMIT: The applicant must obtain an encroachment permit
prior to the first building permit submittal and prior to any work being done in the
City's right-of-way.
Refer to the following link for encroachment permit requirements:
https://www.cityofgilroy.org/244/Encroachment-and-Transportation-Permits
Submit the encroachment permit at first improvement plan submittal to
Weston.hill@cityofgilroy.org
The applicant shall have off -site improvement plans prepared for all work in the
public right-of-way by a licensed civil engineer, whose signed engineer’s stamp
shall appear on the plans. All design assumptions and criteria shall be submitted
with each submittal.
Final construction plans shall be approved by the City Engineer, and released for
construction, with the issuance of the encroachment permit. Right-of-way
improvements shall include, but not limited to, the following items: (PUBLIC
WORKS)
a. STREET TREES: The applicant shall plant street trees along the project
frontage to match the City of Gilroy’s Street Tree Plan in effect at the time of
construction. The street tree plans sh all be per City Standard. Trees shall
be placed behind the back of sidewalk along Muraoka & Nagareda because
sidewalk along project frontage will be monolithic per City Standard.
b. FRONTAGE LANDSCAPING: The landscaping area between the Muraoka
& Nagareda back of curb and the sidewalk shall be a minimum of 4.5’ wide
per City Standard. Coordinate with the planning department for additional
landscaping requirements fronting the project within private property.
c. TREE GRATES (Where applicable): The applicant shall install City
Standard Tree Grates as specified in the approved plans. Tree grates shall
be 4’x6’, model OT-T24 by Urban Accessories, and shall be black power
coated. The tree grates shall be shown on the improvement plans to be
located to the approval of the City Engineer.
d. STREET MARKINGS: The applicant shall install necessary street markings
of a material and design approved by the City Engineer and replace any that
are damaged during construction. These include but are not limited to all
pavement markings, painted curbs, and handicap markings. All permanent
pavement markings shall be thermoplastic and comply with Caltrans
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Standards. Color and location of painted curbs shall be shown on the plans
and are subject to approval by the City Engineer. Any existing painted curb
or pavement markings no longer required shall be removed by grinding if
thermoplastic, or sand blasting if in paint.
e. SIDEWALK: The applicant shall install a new City Standard 6-ft sidewalk
along the entire project frontage per City Standard Drawings.
f. CURB AND GUTTER: At first improvement plan submittal, show the
removal and replacement of any damaged and non -City Standard curb and
gutter along the project frontage. Removal and replacement limits shall be
from expansion joint to expansion joint per City standard. Show the removal
and replacement of curb and gutter for locations where existing utilities need
to be removed where they cross the curb and gutter. Also show the removal
and replacement of curb and gutter where new utilities will cross the curb
and gutter. The actual amount of curb and gutter to be replaced shall be
determined by the Public Works Construction Inspector and confirme d by
the City Engineer in the field prior to construction. New curb and gutter shall
be constructed per the City Standard Drawing STR-12.
g. DRIVEWAY APPROACHES: The applicant shall install City Standard
Commercial driveway approaches as shown on the approved plans. The
new commercial driveway approach shall be constructed per the City
Standard Drawing.
h. SEWER LATERAL: The applicant shall install a sewer lateral and main line
connection to the sewer main located in Muraoka. Connection to the City
main will be with a Manhole.
i. SEWER TEST MANHOLE: The applicant shall install standard sanitary
sewer manholes and test manholes, per approved plans and in accordance
with the City Standard Drawing.
j. SANITARY (STORM) SEWER MANHOLE(S): The applicant shall install
standard sanitary sewer, per approved plans and in accordance with the
City Standard Drawing.
k. STORM WATER CATCH BASIN(S): The applicant shall install standard
storm water catch basins, in accordance with the City Standard Drawing.
l. STREET LIGHT(S):
i. Cobra Head. The applicant shall provide and install standard
aluminum electrolier street light(s) per City Standard Drawing EL-1 to
EL-5. The applicant is responsible for all PG&E service fees and
hook-up charges. Any new service point connection required to power
the new lights shall be shown on the construction drawings along with
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the conduit, pull boxes and other items necessary to install the street
lights. An Isometric lighting level needs to be provided by the
designer/contractor. A separate light study may be required by the
City Engineer. The new street light shall have 32’ mounting height per
Standard Drawing EL-3, with mounting arm length per Standard
Drawing EL-4, the Fixture shall be Leotek GC1 or GC2 series in an
approved configuration per detail EL-2 or approved equal. The arm
shall be installed at the location as shown on the approved plans.
m. FIRE HYDRANTS: The applicant shall install new fire hydrants along the
project frontage. Spacing shall meet City and Fire Marshall requirements.
95. SANITARY SEWER MANHOLE: The proposed connection to the sanitary sewer
main in the public right of way shall be accomplished through a manhole per City
Standards. (PUBLIC WORKS)
96. POTHOLE REQUIREMENTS: The applicant is required to confirm the location of
existing utility lines along the project frontage by potholing. Prior to any potholing,
applicant shall submit a pothole plan for City review and approval. Applicant shall
provide the pothole result to the City Engineer prior to final design. (PUBLIC
WORKS)
97. EASEMENTS: Show and label the locations of the existing and proposed
Easements on all plans. Identify what easements will be preserved or adjusted.
Easements that cannot be located on the project parcel shall be formally confirmed
by a written letter from the developer’s land surveyor. All relevant references shall
be included as part of this written letter for Engineering to review and approve.
(PUBLIC WORKS)
98. UTILITIES: All new services to the development shall be "underground service"
designed and installed in accordance with the Pacific Gas and Electric Company,
AT&T (phone) Company and local cable company regulations. Transformers and
switch gear cabinets shall be placed underground unless otherwise approved by
the Planning Director and the City Engineer. Underground utility plans must be
submitted to the City prior to installation. (PUBLIC WORKS)
99. STREET CUT MORATORIUM: Muraoka and Nagareda Street are going to be a
part of the latest Street Cut Moratorium. The project is proposing to make new
pavement cuts into the newly resurfaced street which reduces the City Pavement
Condition Index. The project shall grind and pave the entire width of Muraoka and
Nagareda Street (Lip of Gutter to Lip of Gutter) to the satisfaction of the City
Engineer with a minimum 2.5” hot mix AC, and with pavement section dig-outs and
repairs. Extent of pavement resurfacing at a minimum shall be from the
intersection of Forest and Nagareda to the intersection of Yamane and Forest.
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Extent of the dig-outs and repairs to be determined by the Developers
Geotechnical Engineer and City Engineer.
The applicant may apply for an encroachment permit to establish necessary utility
connections, driveway, curb, and gutter, etc. prior to the commencement of street
cut moratorium. Applicant may reach out to Land Development directly to apply for
encroachment permit. (PUBLIC WORKS)
100. SITE LIGHTING STANDARDS: The applicant shall submit a photometric plan for
on-site lighting showing lighting levels to Illuminating Engineering Society (IES)
Standards. The plan shall comply with the requirement of an average of 1 fo ot-
candle with a 4:1 minimum to average ratio and a minimum lighting of 0.3 foot -
candle. This lighting standard is applicable to all publicly-accessibly parking lots,
driveways, circulation areas, aisles, passageways, recesses, and publicly-
accessible grounds contiguous to all buildings. Private, interior courtyards not
accessible to the public are not required to meet this standard. The lighting system
shall be so designed as to limit light spill beyond property lines and to shield the
light source from view from off site. The photometric plan shall be approved by the
City Engineer or their designee and shall be addressed on the construction plans
submitted for any demolition permit, building permit, or grading permit and shall be
satisfied prior to issuance of whichever permit is issued first. Any subsequent
building permits that include any site lighting sha ll also meet these requirements.
(PUBLIC WORKS)
101. STREET LIGHTING STANDARDS: The applicant shall submit plans for
street/sidewalk showing lighting levels to Illuminating Engineering Society (IES)
Standards. The plan shall comply with lighting requirements as follows:
Collector Streets .60fc average 4/1 average to
minimum uniformity .15fc minimum
Local streets .40fc average 6/1 average to
minimum uniformity .07fc minimum
Low volume intersection .70fc average 4/1 average to minimum
uniformity .18fc minimum
The applicant shall submit a photometric plan identifying how these lighting levels
are being met given the site geometrics, using City Standard street lights, and a
Type III lighting distribution. The width of the street and lighting levels shall
determine the lighting spacing. Street lights and pull boxes shall be installed in the
planter strip if one is present, or behind the back of walk where feasible so as to
maintain sidewalk clear of obstructions to the approval of the City Engineer. The
photometric plan shall be approved prior to the issuance of the building permit.
(PUBLIC WORKS)
102. FENCES AND OTHER PERMANENT STRUCTURES WITHIN CITY RIGHT-OF-
WAY: The applicant shall locate all project fencing and foundation of a permanent
nature within the project’s property and outside of the City r ight-of-way and outside
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of the Public Easement. (PUBLIC WORKS)
103. DOMESTIC WATER: At first improvement plan submittal, show the installation of
domestic water service per City Standards. Water meter shall be located at the
back of sidewalk within the Public Easement. Install backflow preventer on private
property completely outside of the public right of way and completely outside of
public easement per City Standards. Existing services not being used along the
project frontage shall be removed up to the main line.
104. LANDSCAPE WATER: At first improvement plan submittal, show the installation of
landscaping water service per City Standards. Water meter shall be located at the
back of sidewalk within the Public Easement. Install backflow preventer on private
property completely outside of the public right of way and complete ly outside of
public easement per City Standards. Existing services not being used along the
project frontage shall be removed up to the main line.
105. FLOOR DRAINS: All floor drains shall be plumbed to connect to the sanitary sewer
system and shall not be connected to stormwater collection system. The plumbing
connections shall be shown on the plans to th e approval of the City Engineer.
(PUBLIC WORKS)
106. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water
Program’s requirements, the applicant shall mark with the words “No Dumping!
Flows to Bay,” or equivalent, using methods approved by the City st andards on all
storm inlets surrounding and within the project parcel. (PUBLIC WORKS)
107. LOADING DOCKS: Per Gilroy Municipal Code Section 27C.8 Prohibition of
Discharges from Industrial or Commercial Activity, the applicant shall cover loading
docks to minimize run-on to and run-off from the loading area. Roof downspouts
shall be positioned to direct stormwater away from the loading area. Water from
covered loading dock areas shall be drained to the onsite storm water facilities.
(PUBLIC WORKS)
108. GARBAGE/RECYCLE STORAGE AND SERVICE: The applicant shall provide an
adequate area for the purposes of storing garbage and recycling collection
containers for scheduled servicing by the franchise solid waste collection service.
The containers shall be placed at th e service location allowing enough room for the
truck to safely approach the containers. The collection containers shall be brought
to the service area on the day of service and returned to the storage enclosure by
the property owner. The containers are not to be in public view prior to, or beyond
the scheduled service times. The applicant shall obtain a review letter from the
City’s franchise solid waste collection service provider (Recology) confirming
serviceability and site accessibility of the solid waste pickup as designed and
shown on the project plans and provide to the City Engineer fo r approval. Contact
Lisa Patton, Operations Manager 408-846-4421. No public right of way areas to be
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used for solid waste pickup. Provide confirmation that the garbage truck can fully
access the site and does not have to “back up” into City Right of Way or
Easement. There can be no interruption to the City Right of Way or easements
due to solid waste pickup. (PUBLIC WORKS)
109. UNDERGROUND FRONTAGE UTILITY LINES (if applicable): The applicant must
underground all overhead utilities, and remove all related utility poles, along the
project frontage from utility pole to utility pole. The applicant shall be responsible
for the coordination with all utility companies existing on the poles and coordinate
for their undergrounding or relocation as necessary so that t he project frontage is
free from utilities to the approval of the City Engineer. The applicant shall submit
plans for this undergrounding work with the civil plans submitted with the first
building permit. Permitting for this undergrounding work shall oc cur prior to the
issuance of the first building permit unless otherwise approved by the City
Engineer. (PUBLIC WORKS)
110. OVERHEAD UTILITY CLEARANCE(if applicable): For projects that have overhead
utility lines on-site that travel over new buildings, the applicant shall obtain a letter
from the utility company indicating that there is adequate overhead clearance from
the utility to the proposed building. The letter shall be submitted with the first set of
improvement plans submitted. The plans shall show the existing utility pole, any
necessary proposed pole protection (including overhead clearance warning
identification) and shall be confirmed satisfactory with the utility company. The
letter shall be to the approval of the City Engineer. (PUBLIC WORKS)
111. DRAINAGE: Drainage designed into landscaping with the purpose of reducing
volume or improving quality of runoff from the site shall be implemented according
to the requirements of the Stormwater Management Guidance Manual for Low
Impact Development & Post Construction Requirements (June 2015) and shall
also be, subject to the approval of the City Engineer. Where necessary, sidewalk
drains per the City Standard Drawing shall be provided to direct the water under
the sidewalk and through the curb. No increase to the peak discharge shall be
permitted downstream. In addition, discharge must conform to any non -point
source permit issued by the Regional Water Quality Control Board. Drainage
improvements made on-site shall conform to standard engineering practices and
shall not allow any site drainage to impact adjacent properties. All drainage
capacity calculations shall be performed by a licensed Civil Engineer, whose
signed engineer’s stamp shall appear on the calculations sheets and shall be
submitted to the City for review and approval with the project civil plans. For
projects that include permanent structural controls for water quality protection, the
O&M (operation and maintenance) procedures for such control features shall be
submitted in a site-specific Stormwater Control Plan (SWCP) which shall be
reviewed and approved prior to occupancy. A formal O&M Agreement shall specify
the owner’s responsibility to ensure their ongoing effective operation and
maintenance. Such O&M responsibility requirements shall be recorded on the
property deed.
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If the project is proposing to connect to an existing storm drain system within or
downstream from the site, the design engineer shall provide calculations with the
final design plans to demonstrate that the downstream drainage system has
adequate capacity to accommodate the additional site flows being added to the
system for the design storm per City Standards. The cal culations shall be to the
approval of the City Engineer prior to the issuance of the first building permit.
(PUBLIC WORKS)
112. STORMWATER: The project shall prepare a hydraulic study to evaluate the
stormwater impacts and impacts to surrounding discharge locations and receiving
waters. Stormwater detention shall be designed to not exceed existi ng condition
discharge rates under stormwater events range of events, such as the 2 -yr., 10-yr.,
and 25-yr. events. Refer to the City of Gilroy General Guidelines Section 7 #13 “A
24-hour, 25-year storm, total rainfall of 4.79 inches shall be used if a rea sonable
outlet is provided (detention). If no disposal other than evaporation, percolation or
irrigation is provided (retention), a 24-hour, 100-year storm, total rainfall of 5.59
inches, shall be used. 25% of the total basin volume shall be considered as
freeboard.” https://www.cityofgilroy.org/260/Standards-Specifications
113. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall
submit results from a third-party review of the project’s stormwater design. The
results shall confirm that the project is complying with requirements set in the City
of Gilroy Stormwater Management Guidance Manual for Low Impact Development
and Post-Construction Requirements. (PUBLIC WORKS)
114. BIO RETENTION LANDSCAPING: The bioretention facilities shall be clear of
proposed trees. At initial plan submittal, all plans shall be updated to show the bio
retention facilities free of trees. (PUBLIC WORKS)
115. SITE LANDSCAPING COORDINATION: The site landscaping needs to be
coordinated between the stormwater treatment area and the overall site
landscaping plan area. The landscaping within the stormwater treatment area will
not count towards the site landscaping requirement. Stormwater treatment areas
should be identified on the site first, and then site landscaping to make sure t he
correct plant material is identified for each area. Some site landscaping plant
material may not be suitable in stormwater treatment areas due to the n ature of the
facility. Sewer facilities cannot be aligned through stormwater treatment facilities.
It is the applicant’s responsibility to coordinate the civil stormwater treatment
facilities and the plans from the project landscaper. (PUBLIC WORKS)
116. PARKING LOTS: The applicant shall submit plans for all required off-street
parking lots showing proper grading, drainage, ramps profile, and parking
dimensions in conformance with City parking standards. The plans shall be
approved by the City Engineer prior to the issuance of the first City permits.
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(PUBLIC WORKS)
117. BICYCLE PARKING: The applicant shall provide both long-term bicycle lockers
and short-term bicycle racks on-site, as shown on the approved site plan, to the
approval of the Community Development Director and City Engineer. (PUBLIC
WORKS)
118. PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all
applicable permits from federal, state, and local agencies as required to construct
the proposed improvements. The applicant is hereby informed that pe rmits may
be required by one (1) or more of the following: Army Corps of Engineers, UP RR,
Fish and Wildlife, Regional Water Quality Control Board, Santa Clara County
Roads and Airports, Santa Clara Valley Water District or Habitat Permit. If project
is within jurisdiction of any of these agencies, verification of permit or waiver of
permit must be given to the Public Works Department prior to issuance of any
required City permits. If the City is required to be a party to the permit application
and a fee is required, the applicant shall reimburse the City for its cost. A copy of
these permits shall be provided to the satisfaction of the City Engineer prior to the
issuance of the building permit. (PUBLIC WORKS)
119. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to
prove funding towards additional tree planting in the City. The fee is based on the
amount of added hardscape the project is adding. The estimated impact fee,
based on the approved plans, is $1,472.00. This fee is only an estimate. The
actual impact fee will be calculated based on building permit plans submitted , and
the fees approved by the City Council in place at the time of the building permit
submittal. The fee shall be collected by the Public Works Department and paid
prior to issuance of the first building permit. (PUBLIC WORKS)
120. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional
to the project's share of storm drainage flowing off-site and shall be used to
enhance the City’s storm drainage system based on the recommendations of the
adopted Storm Drainage Master Plan. The estimated impact fee, based on the
approved plans, is $1,169.00. This fee is only an estimate. The actual impact fee
will be calculated based on building permit plans submitt ed, and the fees approved
by the City Council in place at the time of th e building permit submittal. The fee
shall be collected by the Public Works Department and paid prior to issuance of
the first building permit. (PUBLIC WORKS)
121. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee
proportional to the project’s share of the increase amount of sewage generated by
the project, which shall be used to enhance the City’s sewer system based on the
adopted Sewer Master Plan. The estimated impact fee, based on the approved
plans, is $20,502.00. This fee is only an estimate. The actual impact fee will be
calculated based on building permit plans submitted, and the fees approved by the
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City Council in place at the time of the building permit submittal. The fee shall be
collected by the Public Works Department a nd paid prior to issuance of the first
building permit. At first improvement plan submittal, applicant’s engineer shall
submit a calculation for sanitary sewer and water generation per the City’s Master
Plan design criteria. The fee shall be collected by the Public Works Department
and paid prior to issuance of the first building permit. (PUBLIC WORKS)
122. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional
to the project's share of impact to the City’s water system, and the water needs of
the development. The fee shall be used to fund improvements identified in the
City’s Water Master Plan. The estimated impact fee, based on the approved
plans, is $5,598.54. This fee is only an estimate. The actual impact fee will be
calculated based on building permit plans submitted, and the fees approved by the
City Council in place at the time of the building permit submittal. At first
improvement plan submittal, applicant’s engineer shall submit a calculation for
water generation per the City’s Master Plan design criteria. The fee shall be
collected by the Public Works Department and paid prior to issuance of the first
building permit. (PUBLIC WORKS)
123. TRANSPORTATION IMPROVEMENT FEE: The applicant shall pay a fee
proportional to the project's share of transportation improvements needed to serve
cumulative development within the City of Gilroy. The funds shall be used to fund
improvements identified in the City Traffic Circulation Master Plan. The estimated
impact fee, based on the approved plans, is $54,768.00. This fee is only an
estimate. The actual impact fee will be calculated based on building permit plans
submitted, and the fees approved by the City Council in p lace at the time of the
building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. (PUBLIC
WORKS)
124. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportio nal to
the project’s share of the increase to the use of City Public facilities. The
estimated impact fee, based on the approved plans, is $14,496.00. This fee is
only an estimate. The actual impact fee will be calculated based on building permit
plans submitted, and the fees approved by the City Council in place at the time of
the building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. (PUBLIC
WORKS)
125. LANDSCAPE MAINTENANCE AGREEMENT: The developer will be required to
enter into a landscape maintenance agreement for the maintenance of landscape
in the public right of way along the project frontage.
126. ELEVATION CERTIFICATE: (specifically for projects in the flood zone) An
elevation certificate per FEMA requirements must be complete by a Land Surveyor
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or Civil Engineer. The elevation certificate shall be submitted, to the approval of
the City Engineer, prior to the first building occupancy. (PUBLIC WORKS)
127. RECORD DRAWINGS: The applicant shall submit one full set of original record
drawings and construction specifications for all off-site improvements to the
Department of Public Works. All underground facilities shall be shown on the
record drawings as constructed in the field. The applicant shall also provide the
City with an electronic copy of the record drawings in the AutoCAD Version being
used by the City at the time of completion of the work. The applicant shall als o
submit an AutoCAD drawing file of all consultants composite basemap linework
showing all public improvements and utility layouts. This condition shall be met
prior to the release of utilities, final inspection, or issuance of a certificate of
occupancy, whichever occurs first. (PUBLIC WORKS)
128. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:
The applicant shall execute a Stormwater Management Facilities Maintenance
Agreement with the City Engineer as specified in Chapter 7.39.210 -230 of the
Stormwater Management and Discharge Control ordinance. The agreement shall
outline the operation and maintenance (O&M) plan for the permanent storm water
treatment facilities. The City-Standard Stormwater BMP Operation and
Maintenance Agreement will be provided by Public Works Engineering. The
agreement shall include the following:
a. 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.
b. All on-site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired/replaced by the
property owner(s) or other legal entity approved by the City.
c. Any repairs or restoration/replacement and maintenance shall be in
accordance with City-approved plans.
d. 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.
This agreement shall be executed prior to the first occupancy of th e building.
(PUBLIC WORKS)
129. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater
Management Facilities Maintenance Agreement work shall require inspections be
performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit,
the applicant shall secure a QSD or QSP to maintain all erosion control and
BMP measures during construction. The applicant’s QSD or QSP shall
provide the City weekly inspection reports to the approval of the City
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Engineer.
b. Stormwater facility inspections shall be done at least twice per year, once in
Fall by October 1st, in preparation for the wet season, and once in Winter
by March 15th. Written records shall be kept of all inspections and shall
include, at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
c. Upon completion of each inspection, an inspec tion report shall be submitted
to Public Works Engineering no later than October 1 st for the Fall report, and
no later than March 15th of the following year for the Winter report.
d. Before commencing any grading or construction activities, the applicant
shall obtain a National Pollutant Discharge Elimination System (NPDES)
permit and provide evidence of filing of a Notice of Intent (NOI) with the
State Water Resources Control Board.
e. The applicant is responsible for ensuring that all contractors are aware of all
storm water quality measures and implement such measures. Failure to
comply with the approved construction BMPs will result in the issuance of
correction notices, citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/
retention basins, drain rock, etc.) shall be done toward final phases of
project to prevent silting of facilities and reduce the intended use of the
facilities.
g. Prior to final inspection, all stormwater facilities will be teste d by a certified
QSP or QSD to meet the minimum design infiltration rate. All tests shall be
made at on 20 ft x 20ft grid pattern over the surface of the completed
stormwater facility unless otherwise approved by the City Engineer.
All soil and infiltration properties for all stormwater facilities shall be evaluated by
the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer
Testing with appropriate safety factors) at horizontal and vertical (at the depth of
the stormwater facility) shall be conducted for each stormwater facility. A 50%
safety factor shall be applied to the calculated percolation test and shall be used
as the basis for design (the design percolation rate). The geotechnical report shall
include a section designated for stormwater design, including percolation results
and design parameters. Geotechnical engineer shall provide recommendations for
bio retention facilities based on the shallow groundwater table of 6.5-ft. (PUBLIC
WORKS)
130. REGIONAL BOARD STORMWATER REVIEW: This project may be subject to an
audit by the Central Coast Regional Board. City may be required to provide the
project stormwater design and storm water manageme nt plan for Regional Board
review and comment. Prior to building permit issuance, the pr oject shall receive
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approval or acknowledgment by the Regional Board. The project may need to
provide the Regional Board any and all necessary documents (including re ports,
technical data, plans, etc.) for the Regional Board approval. (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a
condition, at that time.
131. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at
least ten (10) working days prior to the start of any construction work, and at that
time the contractor shall provide a project construction and phasing schedule, and
a 24-hour emergency telephone number list. The schedule shall be in Microsoft
Project, or an approved equal, and shall identify the scheduled critical path for the
installation of improvements to the approval of the City Engineer. The schedule
shall be updated weekly. The approved construction and phasing schedule shall
be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to
surrounding school functions. An approved construction information handout(s)
shall also be provided to GUSD to share with school parents. (PUBLIC WORKS)
a. All work shown on the improvement plans shall be inspected to the
approval of the City Engineer as applicable. Uninspected work shall be
removed as deemed appropriate by the City Engineer.
b. Construction activities related to the issuance of any Public Works
permit shall be restricted to the weekday between 7:00 a.m. and 7:00
p.m., Saturday 9:00 a.m. to 7:00 p.m. for general construction activities.
No work shall be done on Sundays and on City Holidays unless
otherwise approved by the City Engineer. Please note that no work shall
be allowed to take place within the City right-of-way after 5:00 p.m.
Monday through Friday. In addition, no work being done under the
issuance of a Public Works encroachment permit may be perfo rmed on
the weekend unless prior approvals have been granted by Public Works.
The City Engineer may apply additional construction period restrictions,
as necessary, to accommodate standard commute traffic along arterial
roadways and along school commute routes. Signs outlining the project
construction times shall be posted at conspicuou s locations on site
where it is visible to the public. The signs shall be per the City Standard
Drawing for posting construction hours. The sign shall be kept free of
graffiti at all times. Contact the Public Works Department to obtain
sample City Standard sign outlining hours of operation.
c. The allowed hours of Public Works construction activities may be
waived or modified through an exemption, for limited periods, if th e City
Engineer finds that the following criteria are met:
i. Permitting extended hours of construction will decrease the
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total time needed to complete the project thus mitigating the
total amount of noise associated with the project as a whole;
or,
ii. Permitting extended hours of construction are required to
accommodate design or engineering requirements, such as a
large concrete pour. Such a need would be determined by the
project's design engineer and require approval of the City
Engineer.
iii. An emergency situation exists where the construction work is
necessary to correct an unsafe or dangerous condition resulting
in obvious and eminent peril to public health and safety. If such
a condition exists, the City may waive any of the remaining
requirements outlined below.
iv. The exemption will not conflict with any other condition of
approval required by the City to mitigate significant impacts.
v. The contractor or owner of the property will notify residential and
commercial occupants of property adjacent to the construction
site of the hours of construction activity which may impact the
area. This notification must be provided three days prior to the
start of the extended construction activity.
vi. The approved hours of construction activity will be posted at the
construction site in a place and manner that can be easily viewed
by any interested member of the public.
vii. The City Engineer may revoke the exemption at any time if the
contractor or owner of the property fails to abide by the
conditions of exemption or if it is determined that the peace,
comfort and tranquility of the occupants of adjacent residential or
commercial properties are impaired because of the location and
nature of the construction. The waiver application must be
submitted to the Public Works Construction Inspector ten (10)
working days prior to the requested date of waiver.
d. The following provision to control traffic congestion, noise, and dust
shall be followed during site excavation, grading and construction:
i. All construction vehicles should be properly maintained and
equipped with exhaust mufflers that meet State standards.
ii. Blowing dust shall be reduced by timing construction activities
so that paving and building construction begin as soon as
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possible after completion of grading, and by landsca ping
disturbed soils as soon as possible.
iii. 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.
iv. Watering on public streets and wash down of dirt and debris
into storm drain systems will not be allowed. Streets will be
cleaned by street sweepers or by hand as often as deemed
necessary by the Construction Inspector, 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. Recycled water shall be used for construction
watering to manage dust control where possible, as determined
by the City Engineer. Recycled water shall be billed at the
municipal industrial rate based on the current Santa Clara Valley
Water District’s municipal industrial rate. Where recycled water is
not available potable water shall be used. All potable
construction water from fire hydrants shall be metered and billed
at the current portable fire hydrant meter rate.
v. 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 Construction Inspector.
vi. Construction grading activity shall be discontinued in wind
conditions that in the opinion of the Public Works Construction
Inspector cause excessive neighborhood dust problems.
vii. Site dirt shall not be tracked into the public right-of-way, and
shall be cleaned immediately if done, or the project may risk being
shut down. Mud, silt, concrete, and other construction debris
shall not be washed into the City’s storm drains.
viii. Construction activities shall be scheduled so that paving and
foundation placement begin immediately upon completi on of
grading operation.
ix. All aggregate materials transported to and from the site shall
be covered in accordance with Section 23114 of the California
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Vehicle Code during transit to and from the site.
x. Prior to issuance of any permit, the applicant shall submit any
applicable pedestrian or traffic detour plans, to the satisfaction of
the City Engineer, for any lane or sidewalk closures. The traffic
control plan shall be prepared by a licensed professional engineer
with experience in preparing such plans. The Traffic Control Plan
shall be prepared by a licensed engineer in accordance with the
requirements of the latest edition of the California Manual on
Uniform Traffic Control Devices (MUTCD) and standard
construction practices. The Traffic Control Plan shall be approved
prior to the commencement of any work with in the public right-of-
way.
xi. During construction, the applicant shall make accessible any
or all City utilities as directed by the City Engineer.
xii. The minimum soils sampling and testing frequency shall
conform to Chapter 8 of the Caltrans Construction Manual. The
applicant shall require the soils engineer submit to daily testing
and sampling reports to the City Engineer.
132. HERITAGE TREE PROTECTION MEASURES: (if applicable) The applicant shall
submit a tree protection plan showing how all on and off -site heritage trees will be
protected during construction. All approved and installed Heritage Tree protecti on
measures shall be installed prior to any site activities and maintained throughout
the period of construction. The Project Arborist shall complete inspections on an
as-need basis during the construction period and shall submit a monthly report of
his/her findings in a letter sent by fax or email to the City Planner assigned to this
project. (PUBLIC WORKS)
133. PROJECT CLOSE-OUT: Prior to City acceptance of property improvement
agreements, the applicant shall comply with all City construction close -out
procedures to the approval of the City Engineer. Refer to the City’s website for a
copy of these procedure. Prior to final inspections, all pertinent conditions of
approval and all improvements shall be completed to the satisfaction of the
Planning Director and City Engineer. A letter indicating that all project conditions
have been met shall be submitted prior to the first occupancy. All public
improvements, including the complete installation of all improvements relative to
streets, fencing, sanitary sewer, storm drainage, water system, underground
utilities, etc., shall be completed and attested to by the City Engineer before
approval of occupancy of any unit. Where facilities of other agencies are involved,
such installation shall be verified as having been completed and accepted by those
agencies. In addition, the applicant shall submit a detailed project cost estimate of
all public improvements constructed on-site and within the public right-of-way. The
cost estimate shall be prepared by the project engineer and be to the approval of
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the City Engineer. The cost estimate shall be broken out into on-site and off-site
improvements based on the format provided by the City.
Until such time as all improvements required are fully completed and accepted b y
City, the applicant shall 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 applicant.
(PUBLIC WORKS)
134. HOLIDAY CONSTRUCTION MORATORIUM: Due to concerns for businesses
within the vicinity of the Gilroy Outlets and within the Downtown area during the
holiday season (November 20 to January 1), there shall be no construction
activities within the right-of-way which would create lane closures, eliminate
parking, create pedestrian detours, or other activities that may create a major
disturbance as determined by the City Engineer. This prohibition shall apply to
Leavesley Road east of US101, and Camino Arroyo in the vicinity of the Gilroy
Outlets. For the Downtown, the prohibition shall be along Monterey Road be tween
4th Street and 8th Street, and for one block east and west of Monterey in the
specified restricted zone. (PUBLIC WORKS)
135. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal
to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by
FHWA Standards, the applicant shall submit a truck hauling route and receive a
haul permit that conforms to City of Gilroy Standar ds to the approval of the City
Engineer. Note that the City requires a Haul Permit be is sued for any hauling
activities. The project sponsor shall require contractors to prohi bit trucks from
using “compression release engine brakes” on residential street s. A letter from the
applicant confirming the intention to use this hauling route shall be submitted to the
Department of Public Works, and approved, prior to the issuance of a ny City
permits. All material hauling activities including but not limited to, adherence to the
approved route, hours of operation, staging of materials, dust control and street
maintenance shall be the responsibility of the applicant. All storage and of fice
trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and
walks will not be allowed. The applicant must provide an approved metho d of
cleaning tires and trimming loads on-site. Any job-related dirt and/or debris that
impacts the public right-of-way shall be removed immediately. No wash down of
dirt into storm drains will be allowed. All material hauling activities shall be done i n
accordance with applicable City ordinances and conditions of approval. Mud, silt,
concrete, and other construction debris shall not be washed into the City’s storm
drains. Violation of such may be cause for suspension of work. (PUBLIC
WORKS)
136. CONSTRUCTION WORKER PARKING: The applicant shall provide a
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construction-parking plan that minimizes the effect of construction worker parking
in the neighborhood and shall include an estimate of the number of workers that
will be present on the site during the va rious phases of construction and indicate
where sufficient off-street parking will be utilized and identify any locations for off -
site material deliveries. Said plan shall be approved by the City Engineer prior to
issuance of City permits and shall be com plied with at all times during construction.
Failure to enforce the parking plan may result in suspension of the City permits.
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 City Engineer
(§15.40.070). (PUBLIC WORKS)
137. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code,
Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City
Engineer may approve the discharge of uncontaminated pumped ground waters to
the sanitary sewer only when such source is deem ed unacceptable by State and
Federal authorities for discharge to surface waters of the United States, whether
pretreated or untreated, and for which no reasonable alternative method of
disposal is available. Following the verification of the applicable local, state and/or
federal approvals, a Discharge Plan will be approved and monitored by the City
Engineer. (PUBLIC WORKS)
138. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition
of Illegal Discharges, the applicant shall follow the specific best management
practices for the installation of the Architectural Copper. For detailed information
please distribute the flyer to all construction personnel involved in the fabrication
and installation of the Architectural Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf
(PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES that the use permitted
by this entitlement occupies the premises
139. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In
accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm
Water Pollution Prevention all projects that meet the criteria described in the Storm
Water Guidance Manual for Low Impact Developme nt and Post-Construction
Requirements shall prepare a storm water control plan (SWCP) and shall meet the
requirements of the design standards and selection of best man agement practices
and shall be selected and designed to the satisfaction of the City Engi neer or
designee. Requirements shall includ e:
a. Owner/occupant shall inspect private storm drain facilities at least two (2)
times per year and sweep parking lots immediately prior to and once during
the storm season.
b. The applicant shall be charged the cost of abatement for issues associated
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with, but not limited to, inspection of the private storm drain facilities,
emergency maintenance needed to protect public health or watercourses,
and facility replacement or repair in the event that the treatment faci lity is no
longer able to meet performance standards or has deteriorated. Any
abatement activity performed on the applicant’s property by City staff will be
charged to the applicant at the City’s adopted hourly rate.
c. Label new and redeveloped storm drain inlets with the phrase “No Dumping:
Drains to Bay” plaques to alert the public to the destination of storm water
and to prevent direct discharge of pollutants into the storm drain. Template
ordering information is available at www.flowstobay.org.
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides,
and similar chemical products, as well as petroleum-based wastes, tallow,
and grease planned for storage outdoors shall be stored in covered
containers at all times.
e. All public outdoor spaces and trails shall include installation and upkeep of
dog waste stations.
Garbage and recycling receptacles and bins shall be designed and maintained with
permanent covers to prevent exposure of trash to rain. Trash enclosure drains
shall be connected to the sanitary sewer system. (PUBLIC WORKS)
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