Resolution No. 2023-17 | AS 22-19 | Adopted 12/07/2023RESOLUTION NO. 2023-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING ARCHITECTURAL AND SITE REVIEW FOR A
57,671+/- SQUARE-FOOT SELF-STORAGE FACILITY, ON AN
APPROXIMATE 5.7-ACRE SITE LOCATED ON A VACANT PARCEL ON
GILMAN ROAD, APN: 841-18-086 (FILE NUMBER AS 22-19)
WHEREAS, on August 24, 2022, South County Ventures, LLC submitted an
application requesting architectural and site review and a conditional use permit for a new
self-storage facility, on vacant property located within the M2 General Industrial zoning
district (APN: 841-18-086); and
WHEREAS, on September 27, 2023 the application was accepted as complete for
final processing; and
WHEREAS, in accordance with Section 15070 of the California Code of
Regulations, the City of Gilroy Planning Division prepared an Initial Study for the project
and determined that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because mitigation
measures and/or revisions in the project have been made by or agreed to by the project
proponent. Therefore, the City has prepared a Mitigated Negative Declaration (MND) for
the project in accordance with the California Environmental Quality Act (CEQA) of 1970,
as amended, and the Thresholds of Significance adopted May 3, 2004 by the City of
Gilroy; and
WHEREAS, on December 7, 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 D evelopment
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 22-19 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 that
storage is a supported use in the General Industrial land use designation and that
the project is in substantial conformance with the applicable General Plan goals
and policies including LU 1.1, LU 5.1, LU 8.5, LU 8.12, LU 8.13, M 3.2, M 3.9, M
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5.3, M 5.11, NCR 1.1, NCR 1.2, NCR 1.7, and NCR 1.12, in that the architectural
design is appropriate for the subject property and surrounding area; the site plan
respects surrounding environmentally sensitive areas through appropriate
setbacks; the project proposes the installation of two building wall art murals facing
the public right-of-way; the site plan has been developed with appropriately located
and designed lighting; the project, as conditioned, will install new street section,
curb, gutter, and sidewalks; the project includes sufficient vehicular and bicycle
parking for employees and visitors of the facility; and the conditions of approval
require appropriate mitigations to reduce potentially significant environmental
impacts from the project to a less than significant level;
B. The development as proposed and conditioned is consistent with the City of Gilroy
Zoning Ordinance given that self -storage facilities are a conditionally permitted use
in the M2 zoning district land use table, and the project as designed and
conditioned is in compliance with all applicable requirements of the M2 zoning
district development standards;
C. In conformance with Section 30.50.43 (Scope of review), the project has been
reviewed to determine that the site layout provides adequate circulation for
vehicles, parking, and traffic; a separate sign permit will be required prior to
installation of any future signs; the building meets all applicable site and building
development standards; the project complies with the applicable design criteria
including design intent and scale, the streetscape, site access, lighting and utilities,
outdoor storage, and landscaping and fencing; and the project has been
adequately designed and conditioned to address drainage requirements, fire
protection, and mitigation of potentially significant environmental impacts;
D. The proposed Architectural and Site Review request is consistent with the
Industrial Design Guidelines given that the site plan, single-story architecture and
neutral color palette is appropriate for the site and r espects environmentally
sensitive surrounding uses; landscaping is provided for all yard areas and street
frontages; the site plan is consistent with required street, side and rear yard
setbacks; adequate parking, site access, and fire lanes are provided; loading and
unloading areas are available on-site; and an enclosed trash enclosure for waste
materials is provided;
E. Public utilities and infrastructure improvements needed to serve the proposed
project are available to serve the site from the existing public streets; and
F. The proposed project will not have a significant effect on the environment, because
mitigation measures and/or revisions in the project have been made by or agreed
to by the project proponent to reduce any potentially significant environmental
impacts to a less than significant level; development of the site will include a 150 -
foot setback to the agricultural property to the east and a 35-foot setback to the top
of the bank of Miller Slough (a Category 2 stream), which feeds into t he Llagas
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Creek watershed; and the project will require payment of habitat fees in
compliance with the Santa Clara Valley Habitat Plan prior to issuance of a building
permit.
PASSED AND ADOPTED this 7th day of December, 2023 by the following roll call vote:
AYES: Commissioners Elle, Fugazzi, Ramirez, and Chair Bhandel
NOES: None
ABSTAIN: None
ABSENT: Vice Chair Kushner and Commissioner Leongardt
ATTEST: APPROVED:
______________________________ _______________________________
Sharon Goei, Secretary Manny Bhandal, Chairperson
Community Development Director
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EXHIBIT A
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for Architectural & Site Review (AS 22-19) /
Conditional Use Permit (CUP 22-04) is granted to construct 57,671-square-foot self-
storage facility located on a vacant parcel at Gilman Road @ Camino Arroyo
Assessor Parcel No. 841-18-086,as shown on Project Plans dated as received by
the Planning Division on November 21, 2023 prepared by MCG Architecture and
HMH Engineering for William Warren Group (Bob Donnelly), and consisting of 27
sheets, as well as the Landscape Plans, dated as received by the Planning Division
on November 28, 2023 prepared by Wilson Davis Associates for William Warren
Group (Bob Donnelly), and consisting of 2 sheets.
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, includ ing
subsequent City Code requirements or policies adopted by City Council.
2. APPLICABILITY OF THIS PERMIT: The use of the property shall be operated in
compliance with the scope and characteristics of the project approval, as further
conditioned herein. Intensification of the approved use shall require an amendment
to the (or a new) Architectural & Site Review / Conditional Use Permit.
3. PERMIT EXPIRATION: The expiration date of this approval is December 7, 2024
(one year from the decision date). If any development for which architectural and site
approval has been granted has not obtained building permits within one (1) year from
the date of notification of approval, the approval shall be deemed automatically
revoked. Once a final permit has been issued for occupancy, the approved use shall
commence within six (6) months, or the conditional use permit shall be deemed
automatically revoked, and the applicant shall apply for a new conditional use permit.
Upon application, an extension of time may be granted by the Community
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.
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4. 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.
5. 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.
6. HOURS OF OPERATION: The approved hours of operation are from 9:00 a.m. to
6:00 p.m., Monday through Saturday, and 10:00 a.m. to 5:00 p.m. on Sundays. Any
proposed change to the approved hours of operation will require review and approval
by the Community Development Director or designee, and may require a
modification to this permit.
7. 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.
8. 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.
9. OUTDOOR STORAGE: Developer shall limit outdoor storage to Recreational
Vehicle storage as described in the project application and to the locations shown
on the project plans. No other outdoor storage is permitted under this approval.
10. 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.
11. 35-FOOT RIPARIAN SETBACK: Miller Slough is considered a Category 2 stream
under the Santa Clara Valley Habitat Plan. Therefore, the project requires a 35-foot
stream setback, measured from top of the Miller Slough / West Branch Llagas Creek
stream bank. The applicant / property owner’s portion of the 35-foot setback area
shall be maintained by the applicant / property owner according t o standards
approved by the City until the area is dedicated to and accepted by the City or other
City approved agency at which time they shall be responsible for maintenance.
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12. GRAFFITI: Graffiti shall be removed from the property within two (2) business days
of notification by the City to the on-site manager of the self-storage facility.
13. MITIGATION MEASURES: All mitigation measures identified in the Mitigated
Negative Declaration (MND) apply to this project and must be addressed during
building permit submittal and construction. Some of these mitigation measures may
be superseded by more stringent City standards, code requirements, or with more
detailed measures incorporated into the project’s environmental analysis. The
applicant must note how they have addressed each mitigation measure to the
satisfaction of the Community Development Director or designee, prior to building
permit issuance.
14. BIO-1 Western Pond Turtle Protection.
The construction contractor shall include the following measures in the construction
documents and implement them prior to and during construction, as specified below.
1. Conduct pre-construction surveys. Five days prior to the start of construction
activities, a qualified biologist (knowledgeable and experienced in we stern pond
turtle identification) shall conduct pre-construction surveys of the project site.
Western pond turtles observed on the project site shall be allowed to leave the
project site on their own. Any eggs observed on the project site shall be relocate d by
the qualified biologist to a suitable area outside the construction disturbance area. A
survey report detailing the survey results shall be prepared and submitted to the
California Department of Fish and Wildlife prior to the start of construction.
2. Install exclusion fencing. Immediately following the western pond turtle survey,
an exclusion fence shall be placed at the limits of all disturbance areas to protect any
western pond turtles within the drainage along the eastern side of the project site.
The qualified biologist shall be present during trenching activities for the installation
of the exclusion fence.
a. Exclusion fence shall consist of standard silt fencing, approximately 42 inches in
height, of which 6 inches shall be trenched into the soil. The soil shall then be
compacted against both sides of the fence to secure the bottom to prevent wildlife
entry. The stakes shall be placed on the inside of the fence facing the development.
No gaps or holes are permitted in the fencing system, except for pedestrian and
vehicle entry points. The fence shall be inspected weekly by the
qualified biologist for holes, gaps, or access points, which shall be repaired upon
discovery. “Gated” entry/exit points may be constructed in the fencing system for
equipment and personnel. The qualified biologist shall ensure no wildlife is capable
of entering the fenced off site via the gate. The gate structure shall ensure no wildlife
is capable of entering the fenced off site via the gate. The gate structure must be
flush to the ground with no holes or gaps (i.e., plywood gates with silt fencing flaps).
b. Inspect for trapped wildlife. The area inside the fence shall also be inspected for
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trapped wildlife prior to the initiation of construction activities each day. If western
pond turtles are discovered, construction activities in the area shall cease
immediately. The fence shall be opened and monitored until the wildlife has left the
fenced area on its own accord. If the wildlife does not leave on its own accord, the
California Department of Fish and Wildlife shall be contacted before work may
continue.
15. CR-1 Protocol for Unanticipated Discovery of Human Remains. In the event of
an unanticipated discovery of human remains, the construction contractor shall
cease all excavation activities within 200 feet of the find. The County Coroner shall
be notified immediately. If the remains are determined to be Native American, the
coroner must within 24 hours notify the Native American Heritage Commission
(NAHC), which would determine and notify a most likely descendant. The most likely
descendant must be granted access to the site and shall, within 24 hours of
notification by the NAHC, complete an inspection. The most likely descendant may
make recommendations regarding the disposition of the remains.
16. GHG-1 Construction Best Management Practices to Reduce Greenhouse Gas
Emissions. The construction contractor will be required to implement the following
Bay Area Air Quality Management best management practices for construction -
related greenhouse gas emissions during all phases of construction, as applicable
and feasible. These requirements will be documented on construction plans and
submitted to the City prior to obtaining a grading permit.
Use zero-emission and hybrid-powered equipment to the greatest extent possible.
Use U.S. Environmental Protection Agency Tier 4 Final compliant engines or
better for all diesel-fueled off-road construction equipment.
Require all on-road heavy-duty trucks to be zero emissions or meet the most
stringent emissions standard, such as model year (MY) 2024 to 2026, as a condition
of contract.
Minimize idling time either by shutting equipment off when not in use or reducing
the time of idling to no more than 2 minutes. Provide clear signage that posts this
requirement for workers at the entrances to the site and develop an enforceable
mechanism to monitor idling time to ensure compliance with this measure.
Prohibit off-road diesel-powered equipment from being in the “on” position for
more than 10 hours per day.
Use California Air Resources Board–approved renewable diesel fuel in off -road
construction equipment and on-road trucks.
Use U.S. Environmental Protection Agency SmartWay certified trucks for
deliveries and equipment transport.
Require all construction equipment is maintained and properly tuned in
accordance with manufacturer’s specifications. Equipment should be checked by a
certified mechanic and determined to be running in proper condition prior to
operation.
Where grid power is available, prohibit portable diesel engines and provide
electrical hook ups for electric construction tools, such as saws, drills and
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compressors, and using electric tools whenever feasible.
Where grid power is not available, use alternative fuels, suc h as propane or solar
electrical power, for generators at construction sites.
Encourage and provide carpools, shuttle vans, transit passes, and/or secure
bicycle parking to construction workers and offer meal options on site or shuttles to
nearby meal destinations for construction employees.
Reduce electricity use in the construction office by using LED bulbs, powering off
computers every day, and replacing heating and cooling units with more efficient
ones.
Minimize energy used during site preparation by deconstructing existing structures
to the greatest extent feasible.
Recycle or salvage nonhazardous construction and demolition debris, with a goal
of recycling at least 15 percent more by weight than the diversion requirement in
Title 24.
Use locally sourced or recycled materials for construction materials (goal of at
least 20 percent based on costs for building materials and based on volume for
roadway, parking lot, sidewalk and curb materials). Wood products used should be
certified through a sustainable forestry program.
Use low-carbon concrete, minimize the amount of concrete used and produce
concrete on site if it is more efficient and lower emitting than transporting ready-mix.
Develop a plan to efficiently use water for adequate dust control since substantial
amounts of energy can be consumed during the pumping of water.
Include all requirements in applicable bid documents, purchase orders, and
contracts, with successful contractors demonstrating the ability to supply the
compliant on- or off-road construction equipment for use prior to any ground
disturbing and construction activities.
17. GHG-2 Greenhouse Gas Reducing Design Elements. The project applicant will
incorporate the following features into the project design. These features wi ll be
documented on project plans and submitted to the City for approval prior to issuance
of a building permit.
The project will not include natural gas appliances or natural gas plumbing.
The project will achieve compliance with off -street electric vehicle requirements in
the most recently adopted version of CALGreen Tier 2.
18. TCR-1 Implement Protocol for Unanticipated Discovery of Tribal Cultural
Resources. If cultural resources of Native American origin are identified during
project construction the construction contractor shall cease all earth-disturbing work
within 50 feet of the find and desist until an archaeologist has evaluated the nature
and significance of the find as a cultural resource and an appropriate local Native
American representative is consulted. Staking of the area of discovery shall be
implemented with stakes no more than 10 feet apart, forming a circle having a radius
of no less than 100 feet from the point of discovery. If the City, in consultation with
local Native American Tribes, determines that the resource is a tribal cultural
resource and thus significant under the California Environmental Quality Act, a
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mitigation plan shall be prepared and implemented in accordance with state
guidelines and in consultation with local Native American groups. The plan shall
include avoidance of the resource or if avoidance of the resource is
infeasible, the plan shall outline the appropriate treatment of the resource in
coordination with the appropriate local Native American tribal representative and, if
applicable, a qualified archaeologist.
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.
19. 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.
20. 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.
21. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall certify
in writing that the architectural design shown in the building permit plans match the
plans approved by the Community Development Director or designee/Planning
Commission/City Council. Any changes must be clearly noted. The project architect
shall also certify that the structural plans are consistent with the architectural plans.
In the event of a discrepancy between the structural plans and the architectural
plans, the architectural plans shall take precedence, and revised structural drawings
shall be submitted to the Building Division.
22. 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.
23. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior to
initiating any new construction or modifications authorized under this approval,
including but not limited to temporary construction trailers, temporary staging areas,
model home sales offices, advertising signs of any kind, exterior and interior
modifications. Developer shall pay all requisite fees in effect at the time of plan
submittal and/or issuance, as applicable.
24. OTHER REVIEW AGENCIES: This project requires review and approval by outside
agencies including, but not limited to Valley Water and USDA's Natural
Resources Conservation Service. All proposed connections to Valley Water side
drain structure must be reviewed and approved by Valley Water (i.e., an
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encroachment permit application needs to be submitted). Details must also be
provided for any proposed modification to this drainage struc ture. It should also be
noted that all modifications to this structure will require review and approval from
USDA's Natural Resources Conservation Service (NRCS) as it ultimately conveys
flows into an NRCS facility. Proof of approval from these agencies may be required
prior to building permit issuance, inspections, or prior to Certificate of Occupancy.
25. LIGHTING PLAN: Developer shall submit a lighting plan with the application for
building permit. This plan should include photometric contours, manufacturer’s
specifications on the fixtures, and mounting heights. Parking lot and exterior light
fixtures shall be full cutoff type so that lighting is directed downward only, minimizing
glare and light pollution, and shall not cast light on any adjacent property or roadway.
Developer shall recess or conceal any under-canopy lighting elements so they are
not directly visible from any public area. The lighting plan must be approved by the
Community Development Director or designee.
26. LANDSCAPE AND LIGHTING PLAN: Prior to issuance of grading permits,
Developer shall submit a combined landscape and lighting plan to verify all proje ct
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.
27. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall obtain a final Habitat Permit approval and submit payment of
mitigation fees. 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-
habitatagency.org for more information.
28. AGRICULTURE MITIGATION POLICY: This site is subject to the City of Gilroy
Agriculture Mitigation Policy. Prior to issuance of building permits, the applicant /
property owner shall install a one hundred fifty (150) foot agricultural buffer /
agricultural transition area between the subject property and the adjacent agricultural
land uses. The 150-foot agricultural buffer/agricultural transition area shall be
measured from the edge of the agricultural land use area.
This agricultural buffer/agricultural transition area shall be compris ed of two
components:
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(1) A one hundred (100) foot minimum wide agricultural buffer zone located adjacent
to the agricultural lands. The following uses in the one hundred (100) foot or greater
agricultural buffer area shall be limited to:
i. Native plants, trees or hedge rows
ii. Drainage channels, storm retention ponds, natural areas such as creeks or
drainage swales
iii. Railroad tracks or other utility corridors
(2) A fifty (50) foot agricultural transition area located between the one hundred (100)
foot minimum agricultural buffer area and any new development. The following uses
are allowed in the fifty (50) foot agricultural transition area:
i. Native plants, trees or hedge rows
ii. Drainage channels, storm retention ponds natural areas such as creeks or
drainage swales
iii. Bike paths, benches, lighting, trash enclosures and fencing
iv. Other non-residential uses determined by the Planning Commission to be
consistent with the use of the property as an agricultural buffer; such as natural trails,
bike paths, wildlife habitats, wildlife sanctuaries, or community service facilities like
detention basins
No public access shall be allowed in this transition area due to the potential for
complaints about and exposure to the dust and spraying associated with agricultural
activities. The agricultural buffer/agricultural transition area shall be maintained by
the developer according to standards approved by the City until the area is dedicated
to and accepted by the City or other City approved agency at whic h time they shall
be responsible for maintenance.
29. WINDOWS: The manufacturer type, design, material, and installation details for all
windows within the project shall be specified in the construction drawings for review
and approval by the Community Development Director or designee.
30. FENCES AND WALLS: All fencing and walls are to be shown on construction
drawings submitted for building permit review and shall not exceed eight feet in
height (except as otherwise required for safe visibility of pedestrians, cyclists, and
vehicles and/or yard restrictions), measured from adjacent grade to the top of the
fence or wall. The height, design and location must comply with all setback
requirements. The chain link fence, located along the rear property line facing Miller
Slough / West Branch Llagas Creek / Valley Water right-of-way, shall include a black
vinyl coating and shall not include slats.
31. BICYCLE RACKS OR STORAGE: Developer shall provide bicycle racks and
lockers in compliance with Building Division and/or Engineering conditions of
approval. Racks shall be an “inverted U,” or equivalent as approved by the
Community Development Director, and must secure the frame and both wheels.
Racks should be located near the office building entrance (i.e., within constant visual
range) unless it is demonstrated that they create a public hazard or locating them
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there is otherwise infeasible. If space is unavailable near building entrance, the racks
must be designed so that the lock is protected from physical assault.
32. LOADING ZONES: Prior to issuance of building permit, Developer shall stripe all
loading zones, whether situated outside or inside a structure, for loading and
unloading activities only and shall post a sign prohibiting storage or other non-loading
activity within the designated loading zone.
33. 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.
34. 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.
35. 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. 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.
36. ROOF AND BUILDING DRAINPIPES: Developer shall install all roof and building
drainpipes and downspouts inside building elements. These items shall not be visible
on any exterior building elevations.
37. 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.
38. PUBLIC ART AMENITY: In compliance with the Planned Unit Development
Combining District overlay requirements, the Developer is required to provide a
higher standard of amenities than a standard development. The Developer has
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proposed to provide two wall murals, designed by loc al artist, on two buildings, one
each facing Gilman Road and Camino Arroyo. The proposed wall mural design
concept and artist must be reviewed for a recommendation by the City’s Public Art
Committee to the City’s Arts & Culture Commission.
Prior to issuance of building permits, the developer submit a process, timetable, and
evidence of commitment acceptable to the City to ensure installation of the wall
murals prior to occupancy.
39. LANDSCAPING: Prior to building permit issuance, proposed landscaping shall be
shown on the site plan and submitted with the construction drawings for review and
approval by the Community Development Director or designee.
40. 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).
41. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant
species, such as those listed by the California Invasive Plant Council.
42. 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.
43. 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).
44. PRECONSTRUCTION NESTING BIRD SURVEY: To the extent practicable,
vegetation removal and construction activities shall be performed from September 1
through January 31 to avoid the general nesting period for birds. If construction or
vegetation removal cannot be performed during this period, preconstruction surveys
will be performed no more than two days prior to construction activities to locate any
active nests as follows:
“The Developer shall be responsible for the retention of a qualified biologist to
conduct a survey of the project site and surrounding 500’ for active nests: with
particular emphasis on nests of migratory birds: if construction (including site
preparation) will begin during the bird nesting season, from February 1 through
August 31. If active nests are observed on either th e project site or the
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surrounding area, the project applicant, in coordination with the appropriate City
staff, shall establish no-disturbance buffer zones around the nests, with the size
to be determined in consultation with the California Department of F ish and
Wildlife (usually 100’ for perching birds and 300’ for raptors). The no-disturbance
buffer will remain in place until the biologist determines the nest is no longer
active or the nesting season ends. If construction ceases for two days or more
and then resumes during the nesting season, an additional survey will be
necessary to avoid impacts on active bird nests that may be present.”
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.
45. 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.
46. 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.
47. 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 Development Department, for
compliance verification of the landscape installation. Developer is 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.
48. 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.
49. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall
remove all construction materials, debris, and vehicles from the subject property.
50. MITIGATION CERTIFICATION (BIOLOGIST): Prior to occupancy of any structure
or establishment of any use, the biologist shall inspect the site and shall certify, in
writing, that all required mitigation measures listed in BIO -1 Western Pond Turtle
Protection, including but not limited to pre-construction surveys and the installation
of exclusion fencing, have been implemented and all significant impacts have been
appropriately mitigated.
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51. MITIGATION CERTIFICATION (CONSTRUCTION CONTRACTOR): Prior to
occupancy of any structure or establishment of any use, the construction contractor
shall inspect the site and shall certify, in writing, that all required mitigation measures
listed in AIR-1 Construction Best Management Practices for Dust Control, BIO-1
Western Pond Turtle Protection, CR-1 Protocol for Unanticipated Discovery of
Human Remains, GHG-1 Construction Best Management Practices to Reduce
Greenhouse Gas Emissions, GHG-2 Greenhouse Gas Reducing Design Elements,
and TCR-1 Implement Protocol for Unanticipated Discovery of Tribal Cultural
Resources, have been implemented and all significant impacts have been
appropriately mitigated, pursuant to the respective mitigation measure.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.
52. 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.”
53. 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
Area Air Quality Management District (BAAQMD) and shall include the following
language on any grading, site work, and construction plans issued for the project site
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“During earth-moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction sit e:
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.”
54. 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
transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing
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winds; and
f. Contractor will cover the bottom of excavated areas with sheeting when work
is not being performed.
55. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is
discovered during construction of the project, excavations 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.
56. 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 area 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 professional 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.”
57. DISCOVERY OF HUMAN REMAINS: In addition to the requirements of mitigation
measure CR-1 Protocol for Unanticipated Discovery of Human Remains, the
Developer shall include the following language in all grading, site work, and
construction plans, in the event of an accidental discovery or recognition of any
human remains:
“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
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then make recommendations to the landowner or the person responsible for
the excavation work, for means of treating or disposing of, with appropriate
dignity, the human remains and associated grave goods as provided in Public
Resources Code Section 5097.98. The landowner or his authorized
representative shall rebury the Native American human remains and
associated grave goods with appropriate dignity on the property in a location
not subject to further disturbance if: a) the Native American Heritage
Commission is unable to identify a MLD or the MLD failed to make a
recommendation within 24 hours after being notified by the commission; b)
the descendent identified fails to make a recommendation; or c) the
landowner or his authorized representative rejects the recommendation of the
descendent, and the mediation by the Native American Heritage Commission
fails to provide measures acceptable to the landowner.”
The following conditions shall be complied with AT ALL TIMES that the use permitted
by this entitlement occupies the premises.
58. 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 number,
placement, and selection of plant species may require a modification to this approval,
to be determined by the Community Development Director or designee.
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.
59. RESPONSES TO CONDITIONS OF APPROVAL: At the initial design submittal the
developer shall provide a formal written response letter to the engineering conditions of
approval. Responses to conditions shall be sufficient, responses to conditions such as
“ok.”, “done”, “complete”, etc. will only prolong the design review process. Keep in mind
the clearer the responses, the easier the review process is for reviewers. (PUBLIC
WORKS)
60. 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
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addition, the applicant shall submit a detailed project cost estimate prepared by the project
engineer, to approval of the City Engineer, with the initial project plan submittal. The cost
estimate shall be broken out into on-site and off-site improvements. Prior to plan approval,
the applicant shall pay 100% of the plan check and inspection fee based on the approved
project cost estimate. 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).
61. 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 walls or structural 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 different typ e 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
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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 Engineer’s
satisfaction, and modeled using AutoTurn swept an alysis 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 driveway, including sanitary sewer and/or
water meter boxes, shall have traffic-rated boxes and lids;
q. All on-site recycled water system improvements, including appurtenances, shall be
located within a PSE. (PUBLIC WORKS)
62. 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 undergr ound
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,
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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)
63. 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 on 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)
64. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be prepared
by a registered professional engineer experienced in preparing 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)
65. 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)
66. 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)
67. DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The developer is
responsible for ensuring that all contractors are aware of all storm water quality measures,
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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. (PUBLIC
WORKS)
68. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all construction
activities in accordance with Gilroy Municipal Code Section 27C, Municipal 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/SWPPP.pdf. This
sheet shall be printed and included in all building construction plan sets permitted for
construction in the City of Gilroy. (PUBLIC WORKS)
69. 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)
70. WATER CONSERVATION: The project shall fully comply with the measures required by
the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27,
Article VI), and subsequent amendments to meet the requirements imposed by the State
of California’s Water Board. This ordinance established permanent voluntary water saving
measures and temporary conservation standards. (PUBLIC WORKS)
71. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water,
sewer, storm drain or traffic studies for the development deemed appropriate by the City
Engineer. These studies shall provide the supporting hydraulic 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 building permit. (PUBLIC WORKS)
72. 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)
73. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the
applicant shall submit a Storm Water Management Plan (SWMP) prepared by a registered
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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)
74. 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
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 ind ependent third party
accepted 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)
75. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall remove and replace all
existing improvements not designated for removal and all new improvements that are
damaged during construction or removed because of the applicant’s operations per City
Standard. The applicant shall request a walk-through with the Engineering Construction
Inspector before the start of construction to verify existing conditions. Said repairs shall
be completed prior to the first occupancy of the project. (PUBLIC WORKS)
76. SIGHT DISTANCE: As part of your initial 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, 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,
roadways, and offsite mitigation measure locations. These calculations and drawings are
important to ensure the development meets sight distance standards and all roadways,
intersections, and access points to these facilities are safe for motorists and pe destrians.
(PUBLIC WORKS)
77. 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 flowing onto the lots. The details of such design shall be
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provided on the site civil plans to the satisfaction of the City Engineer. (PUBLIC WORKS)
78. 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 through the Erosion Control Plan
and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents shall also be kept
on-site while the project is under construction. A Notice of Intent (NOI) shall be filed with
the State Water Resources Control Board, with a copy provided to the Engineering
Division before a grading permit will be issued. A project WDID# shall be added to the
grading plans prior to plan approval. (PUBLIC WORKS)
79. 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 all grading activities wer e
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. T his
statement must be added as a general note to the Grading and Drainage Plan. (PUBLIC
WORKS)
80. FINISH FLOOR ELEVATION: 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 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)
81. TREE REMOVAL PERMIT: The applicant shall obtain a Tree Removal Permit from the
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Engineering Division for removal of existing trees in the public right -of-way, prior to the
issuance of a building permit or demolition building permit, whichever is issued first.
(PUBLIC WORKS)
82. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must obtain
an encroachment permit, posting the required bonds and insurance, and provide a one (1)
year warranty for all work to be done in the City's right-of-way or City easement. This
encroachment permit shall be obtained prior to the issuance of a foundation building permit
and prior to any work being done in the City's right-of-way. All existing public utilities shall
be protected in place and if necessary relocated as approved by the City Engineer. No
permanent structures are permitted within the City right-of-way, or within any City
easement unless otherwise approved by the City Engineer. The applican t shall have
street 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. Prior to issuance of
the encroachment permit, the applicant shall submit any appli cable pedestrian or traffic
control plans for any lane or sidewalk closures. The traffic control plan shall comply with
the State of California Manual of Uniform Traffic Control Devices (MUTCD), and standard
construction practices. [(For major street improvements) Construction plans for
improvements in the right-of-way shall be submitted to the City Engineer at 30%, 60%,
and 90% design for review. All design assumptions and criteria shall be submitted with
each phase of design submittal. Project specifications shall be included for review with
the 90% design review.]
Final construction plans and specifications shall be approved by the City Engineer, and
released for construction, prior to the issuance of the encroachment permit. 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 prio r to final
design. Right-of-way improvements shall include, at a minimum, the following items:
a. STREET WIDENING: The applicant shall widen Gilman Avenue along the north
project boundary. The road widening shall include a minimum 1-2ft saw cut starting
point into the existing street. This saw cut shall run parallel to the roadway. The
road widening shall consist of a pavement section with a minimum T.I. of 8.0. The
developer’s geotechnical engineer shall provide a recommendation for the
minimum pavement section to the approval of the City Engineer.
b. CURB, GUTTER, SIDEWALK: The applicant shall install new street section, curb,
gutter, and sidewalk and relocate affected utilities as directed by the City Engineer.
All work shall be shown on the required improvement plans.
c. STREET TREES: The applicant shall plant street trees along the project frontage
consistent with Valley Water’s list from the Guidelines and Standard for Land Use
near streams to the satisfaction of the City Engineer. The street tree p lans shall be
per City Standard Drawings.
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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 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 ma rkings no longer
required shall be removed by grinding if thermoplastic, or sand blasting if in paint.
e. SIDEWALK: The applicant shall remove and replace to existing City standards all
damaged and/or non-Standard sidewalk surrounding the project site. The a ctual
amount of sidewalk to be replaced shall be determined by the Public Works
Construction Inspector in the field prior to construction. Sidewalk replacement shall
be constructed per the City Standard Drawings.
f. CURB RAMP(S): The applicant shall remove and replace to latest CAL TRANS
Standard any and all damaged and/or non -Standard curb ramps. The actual ramp
"Case" shall be identified on the plans and shall be to the approval of the City
Engineer.
g. CURB AND GUTTER: The applicant shall remove and replace to existing City
standards all damaged and/or non-Standard all curb and gutter surrounding the
project site. The actual amount of curb and gutter to be replaced shall be
determined by the Public Works Construction Inspector in the field prior to
construction. New curb and gutter shall be constructed per the City Standard
Drawing STR-12.
h. DRIVEWAY APPROACH(ES): The applicant shall install City Standard
Commercial driveway approaches as shown on the approved plans. The driveway
width shall be carried, at a minimum to the end of the PSE. The new commercial
driveway approach shall be constructed per the City Standard Drawing STR -18.
i. SEWER LATERAL: The applicant shall install a minimum a four (4) inch City
Standard sewer lateral connection from the property line to the sewer main located
in the street right-of-way. The installation shall be done in accordance with the City
Standard Drawing SWR-6 including a 6" property line clean-out.
j. SEWER TEST MANHOLE: The applicant shall install a sewer test manhole
immediately behind the PSE in accordance with the City Standard Drawing SWR -
3A & B.
k. SEWER MAIN: New sewer line shall be PVC, SDR 26 or equal. The developer
shall extend the existing sanitary sewer from the intersection of Arroyo Circle and
Camino Arroyo to the site along the project frontage, Gilman Ave. Applicant is
required to submit plans and drawings for approval prior to submitting the first
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building permit. Construction of the new mainline shall be completed prior to
issuance of the certificate of occupancy.
l. SANITARY SEWER MANHOLES: The applicant shall install City Standard
Sanitary Sewer manholes, per approved plans and in accordance with the City
Standard Drawing SWR-1.
m. STORM DRAIN MANHOLES: The applicant shall install City Standard Storm Drain
manholes, per approved plans and in accordance with the City Standard Drawing
SWR-9.
n. STORM WATER CATCH BASIN(S): The applicant shall install standard storm
water catch basins, in accordance with the City Standard Drawing STM -1 & STM-
7A & B.
o. SIDEWALK UNDERDRAIN(S): The applicant shall install ____(__) standard
sidewalk underdrains in accordance with the City Standard Drawing STR-19.
p. STREET LIGHTS: The applicant shall provide and install standard aluminum
electrolier street lights 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 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 has 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 pl ans.
q. FIRE HYDRANTS: The applicant shall install new fire hydrants along the project
frontage on both Camino Arroyo and Gilman Avenue per City Standard
requirements. Spacing shall meet City Standard and Fire Marshall requirements.
(PUBLIC WORKS)
83. SEWER LIFT STATION: The proposed lift station shall be installed outside of the public
right of way and public easement areas. The associated sanitary sewer lateral shall be
installed per City Standard and gravity drain to the main in the public right of way. Sanitary
sewer lift station shall be privately owned and maintained by the property owner. (PUBLIC
WORKS)
84. TRASH AMENDMENT: The applicant shall install a CDS unit on the private storm drain
system prior to the onsite stormwater system discharging into the public storm drain
system. At initial submittal the plans shall show a CDS installed along the private Storm
Drain system prior to discharging into the public storm drain system. (PUBLIC WORKS)
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85. BACKFLOW PREVENTOR: The proposed water service lateral to the site shall include a
back flow preventor per City Standard. All backflow preventors shall be located
immediately outside of the PSE per City Standard. (PUBLIC WORKS)
86. 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)
87. STREET CUT MORATORIUM: A portion of Camino Arroyo is part of the Street Cut
Moratorium. New pavement cuts affect the newly surface portion of the roadway reducing
the City Pavement Condition Index. If any new cuts into the newly surface street occur as
a result of this project, the project shall Grind and pave the entire width of Camino Arroyo
(Lip of Gutter to Lip of Gutter) along project frontage with a minimum 2.5” hot mix AC, and
with pavement section dig-outs and repairs. Extend of the dig-outs and repairs to be
determined by the Developers Geotechnical Engineer and City Engineer. (PUBLIC
WORKS)
88. 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 foot-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 accessibly parking lots, driveways, circulation areas, aisles,
passageways, recesses, and accessible grounds contiguous to all buildings. 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. (PUBLIC WORKS)
89. 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:
Arterial Streets 1.0fc average 3/1 average to minimum
uniformity .34fc minimum
Collector Streets .60fc average 4/1 average to minimum
uniformity .15fc minimum
Local streets .40fc average 6/1 average to minimum
uniformity .07fc minimum
High volume intersection 1.1fc average 3.1 average to minimum
uniformity .40fc minimum
Low volume intersection .70fc average 4/1 average to
minimum uniformity .18fc minimum
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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)
90. 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 out of the City right-of-way and public easements. (PUBLIC
WORKS)
91. 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 standards on all storm inlets surrounding
and within the project parcel. (PUBLIC WORKS)
92. 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 sanitary sewer to the approval of the City Engineer. (PUBLIC WORKS)
93. GARBAGE/RECYCLE STORAGE AND SERVICE: The Applicant shall obtain a review
letter from Recology confirming serviceability and site accessibility of solid waste pickup.
No public right of way areas to be used for solid waste pickup. Contact Lisa Patton,
Operations Manager 408-846-4421. 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)
94. 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 project s that include
DocuSign Envelope ID: EC82818E-D132-4D08-B620-5EA1D220F6B7
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 pr ior 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.
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 calculations shall be to the approval of the City Engineer prior to
the issuance of the first building permit. (PUBLIC WORKS)
95. 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)
96. 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 the correct plant material is identified for each
area. Some site landscaping plant material may not be suitable in stormwater treatment
areas due to the nature 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)
97. 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. (PUBLIC WORKS)
98. EMPLOYEE PARKING: The applicant shall designate an appropriate amount of parking
spaces on-site in the area designated for project site employees. The parking spaces
shall be clearly marked and signed. The applicant shall ensure that all project site
employees are required to park in the off-site locations, and not on the project site. The
applicant shall provide a plan, in writing, to the approval of the Planning Manager and City
Engineer indicating how this requirement will be met, and said plan shall be approved by
the Director of Community Development and City Engineer prior to occupancy of the first
site building. (PUBLIC WORKS)
DocuSign Envelope ID: EC82818E-D132-4D08-B620-5EA1D220F6B7
99. 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)
100. 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 permits may be required by one (1)
or more of the following: Army Corps of Engineers, UPRR, 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)
101. 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 $970.24. 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)
102. 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 $6,621.21. 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)
103. 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
$181,073.18. 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. 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
DocuSign Envelope ID: EC82818E-D132-4D08-B620-5EA1D220F6B7
WORKS)
104. 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 $39,101.39. This
fee is only an estimate. The actual impact fee will be calculated based on building permi t
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)
105. TRAFFIC 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
$339,955.98. 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)
106. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional 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 $89,964.53. 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)
107. CONSTRUCTION NOTICING: At least one week prior to commencement of any on or off -
site work, the applicant shall post at the site, and to property owners within (300') three
hundred feet of the exterior boundary of the project site a notice that construction work will
commence on or around the stated date. The notice shall include a list of contact persons
with name, title, phone number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be current at all times and shall consist
of persons with authority to initiate corrective action in their area of responsibility. The
names of individuals responsible for dust, noise and litter control shall be expressly
identified in the notice. Noticing shall be in both English and Spanish. The notice shall be
submitted for review to the approval of the City Engineer two weeks prior to the issuance
of the building permit. (PUBLIC WORKS)
108. DEDICATION OF EASEMENT: The applicant shall dedicate a 10-foot Public Service
Easement to the City for Public Utilities. The easement shall be conveyed by PSE Grant
Deed. The applicant shall prepare the easement conveyance documents for review to the
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approval of the City Engineer. The easement shall be recorded with the County of Santa
Clara prior to the issuance of the building permit. (PUBLIC WORKS)
109. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a public
improvement agreement with the City per Gov. Code Section 66462(a), and shall arrange
to provide Payment and Performance bonds each for 100% of the cost of public
infrastructure improvements to be constructed in the public right-of-way. These
improvements shall include, but not be limited to, roadway construction, sidewalk, curb
and gutter, water lines, storm lines, sewer lines, street lights, and signal equipment. City
Standard insurance shall be provided per the terms of the agreement. The agreement will
be forwarded to the City Council for approval with project (parcel or final) map. The PIA
shall be approved by the City Council prior to the issuance of the project building permit.
(PUBLIC WORKS)
110. ELEVATION CERTIFICATE: An elevation certificate per FEMA requirements must be
complete by a Land Surveyor or Civil Engineer. The elevation certificate shall be
submitted, to the approval of the City Engineer, prior to the first building occupancy.
(PUBLIC WORKS)
111. 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 co nstructed
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 also 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)
112. PAVEMENT RESTORATION: Due to construction activities, new utility cuts along the
project frontage, and the anticipated project’s truck traffic the applicant shall grind and
overlay with 2.5-inches of asphalt concrete the roadways anticipated to be damaged as a
result of construction activities within the general area of the project or along the
designated haul route. The required minimum pavement limits are: Gilman Road (lip of
gutter to lip of gutter) along the project frontage, the intersection of Gilman and Camino
Arroyo to end of each leg’s curb returns, and Camino Arroyo (lip of gutter to lip of gutter)
along the length of the proposed sanitary main extension. If the street abutting the property
has been classified as being in a failed condition or a Pavement Condition Ind ex (PCI) of
50 or below, the applicant will be required to reconstruct the street. The City Engineer
shall approve the roadway repair prior to the release of utilities, final inspection, or
issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)
113. STREET RESURFACING PRIOR TO ACCEPTANCE: The developer shall repair, to the
satisfaction of the City Engineer, any and all pavement damage that occurs after the
required pavement treatment until the end of the project.
DocuSign Envelope ID: EC82818E-D132-4D08-B620-5EA1D220F6B7
(PUBLIC WORKS)
114. 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 the building. (PUBLIC
WORKS)
115. 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 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.
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c. Upon completion of each inspection, an inspection report shall be submitted to
Public Works Engineering no later than October 1st for the Fall report, and no later
than March 15th of the following year for the Winter report.
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 tested 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 I nfiltrometer 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. (PUBLIC
WORKS)
116. 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 management plan for Regional Board review and
comment. Prior to building permit issuance, the project shall receive approval or
acknowledgment by the Regional Board. The project may need to provide the Regional
Board any and all necessary documents (including reports, 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.
117. 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
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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 per mit 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 performed
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 const ruction
times shall be posted at conspicuous 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 W orks 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 the City Engineer finds
that the following criteria are met:
i. Permitting extended hours of construction will decrease the 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.
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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 possible after
completion of grading, and by landscaping 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
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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 completion of grading operation.
ix. All aggregate materials transported to and from the site shall be covered
in accordance with Section 23114 of the California 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 within 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
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require the soils engineer submit to daily testing and sampling reports to
the City Engineer.
118. PROJECT CLOSE-OUT: Prior to City acceptance of all projects and 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 c ost 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 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 by 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)
119. HOLIDAY CONSTRUCTION MORATORIUM: Due to concerns for businesses within the
vicinity of the Gilroy Outlets 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 Leavsley
Road east of US101, and Camino Arroyo in the vicinity of the Gilroy Outlets. (PUBLIC
WORKS)
120. 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 Standards to the approval of the City Engineer. Note that the
City requires a Haul Permit be issued for any hauling activities. The project sponsor shall
require contractors to prohibit trucks from using “compression release engin e brakes” on
residential streets. The haul route for this project shall be determined at the time of permit
issuance. 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
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any 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 office 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 method 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 in 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)
121. CONSTRUCTION WORKER PARKING: The applicant shall provide a 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 various phases of construction and indicate where suffi cient 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 complied 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)
122. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code, Prohibition of
Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City Engineer ma y approve
the discharge of uncontaminated pumped ground waters to the sanitary sewer only when
such source is deemed unacceptable by State and Federal authorities for discharge to
surface waters of the United States, whether pretreated or untreated, and fo r 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)
123. 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
124. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In accordance with
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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 Development 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 management practices and shall be selected and designed to the
satisfaction of the City Engineer 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 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 facility 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)
125. * MITIGATION MEASURE: This measure mitigates adverse environmental effects
identified in the environmental document. Monitoring procedures are contained within the
condition of approval. A change in the condition may affect the validity of the current
environmental document, and a new or amended environmental document may be
required. (PUBLIC WORKS)
BUILDING DIVISION - CONDITIONS OF APPROVAL
126. 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.
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127. Pre-Construction Meeting: A pre-construction meeting shall be held at a time and
location agreed upon by the City and applicant 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 approval for the project will represent the City.
128. 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 incorporated 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.
The CMP shall include but not be limited to:
The proposed location of materials and equ ipment 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.
129. 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 Building Department (discretiona ry review is not
required for temporary fences).
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130. Job Site Signage: Prior to construction, A 48 inch by 36 inch weatherproof 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 responsible
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).
131. 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.
132. Final Grading and Drainage Plan: At the time of building permit plan submittal, the
project developer shall submit a final grading and drainage plan 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.
133. 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.
134. Site Survey: The applicant shall provide a site survey of the entire parcel stamped and
signed by a Land Surveyor licensed by the State of California. The survey shall include,
but not be limited to, the following: location and dimensions of property line, location of
streets and easements, existing buildings, topogra phic contour lines, trees/landscape,
miscellaneous structures, etc
135. Permit Card: The stamped, approved, job copy of the plans and permit card shall be
located onsite at all times.
136. 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 amended by the City of Gilroy at the time of building permit submittal.
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137. 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.
138. 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 necessary 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. Additionally, 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 confo rm to the recommendations
in the soil investigation.
b. The Geotechnical Engineer or Civil Engineer who prepared the soil
investigation has been retained to provide soil site observation and provide
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, specifications and investigations.
139. 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 documentation. SWPPP for projects 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 include, but are not limited to, hydroseeding,
hay bales, sandbags, and siltation fences and shall be subject to the review
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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 develop er 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 October 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
routes onto the site and place gravel on them. Do not drive vehicles and
equipment off paved or graveled areas during wet weather. Broom 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.
140. 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 construction 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.
141. Portable Toilets: Portable toilets used during construction shall be emptied on a
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regular basis as necessary to prevent odor. A containment pan is required under all
portable toilets.
142. Construction Storage: All construction materials, debris and equipment shall be
stored on site. If that is not physically possible, an encroachment permit 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.
143. Construction Site Maintenance: All portions of the job site shall be maintained in an
organized and professional condition. All trash, debris, 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 subj ect
site shall be broom cleaned at the end of each business day.
144. Demolition Permit: Demolition permit(s) shall be issued in accordance with Section
6.1 of the Gilroy Municipal Code. Safeguards during construction shall be provided in
accordance with Chapter 33 of the California Building Code.
145. 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 authority to require such modifications and shall
specify the manner in which the same is to be made.
146. 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,” or equivalent as approved by the Community Development Director, and must
secure the frame and both wheels. Racks 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 unavailable near
building entrances, the racks must be designed so that the lock is protected from
physical assault. Bicycle lockers may be provided in addition to bicycle racks.
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 STANDARD 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
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responsible for compliance with the provisions below.
147. FIRE PROTECTION PLAN. A written Fire Protection Plan (Plan) shall be
developed for significant or complex construction projects at the discretion of the Fire
department. If required, the Plan shall be approved by the Fire Marshal/Fire Chief
prior to proceeding past foundation work for new buildings or commencement of
demolition work in alteration projects. The Plan shall include the following:
a. Procedures for reporting emergencies to the Fire department.
b. Procedures for emergency notification, evacuation and/or relocation of all
persons in the building under construction and on the site.
c. Procedures for hot work operations, management of hazardous materials and
removal of combustible debris and maintenance of emergency access roads.
d. Floor plans identifying the locations of exits, exit stairs, exit routes and
portable fire extinguishers. (For large indoor projects)
e. Site plans identifying the designated exterior assembly areas for each
evacuation route.
f. Site plans identifying required fire apparatus access roadways and on-site fire
hydrants. Access roadways shall be capable of supporting a 68,000 lb fire
vehicle and shall be all weather. The name and contact phone number of the
person(s) responsible for compliance with the Plan.
148. FIRE DEPARTMENT ACCESS ROADWAYS: All construction sites shall be
accessible by fire department apparatus by means of roadways having an all -
weather driving service of not less than 20ft. of unobstructed width. The roads shall
have a minimum 13ft. 6 in. of vertical clearance. Dead end fire access roads in
excess of 150 ft. in length shall be provided with approved turnarounds.
When approved, a temporary access roadway may be utilized until such time that
the permanent roadways are installed. As a minimum, the roadway shall consist of
a compacted sub base and six (6) inches of road base material (Class 2 aggregate
base rock) both compacted to a minimum 95%. The perimeter edges of the roadway
shall be contained and delineated by curb and gutter or other approved method. The
use of geotextile reinforcing fabric underlayment or soils lime-treatment may be
required if so determined by the project civil engineer. Provisions for surface
drainage shall also be provided where necessary. The integrity of the roadway shall
be maintained at all times.
149. FIRE HYDRANTS: Where underground water mains and hydrants are required for
the building(s) under construction, they shall be installed, completed, and in service
prior to combustible construction materials accumulating on site. If permanent
hydrants within 150 ft of combustible materials/construction will not be
operational an approved temporary hydrant and/or water tank fire water
system will be required.
150. TELEPHONE SERVICE: Provisions shall be provided at the construction site for
DocuSign Envelope ID: EC82818E-D132-4D08-B620-5EA1D220F6B7
emergency notification of the fire department via telephone.
151. PREMISES IDENTIFICATION: The address numbers of the property or project
location shall be plainly visible and legible from the street or road fronting the
property at the fire apparatus access point or as otherwise approved.
152. COMBUSTIBLE DEBRIS: Wood, cardboard, packing material, form lumber and
similar combustible debris shall not be accumulated within buildings. Such debris,
rubbish and waste material shall be removed from buildings on a daily basis. No
burning of debris or rubbish is permitted.
153. OILY RAGS: Oily rags and similar material shall be stored in metal or other approved
containers equipped with tight-fitting covers.
154. TEMPORARY HEATING EQUIPMENT: Temporary heaters, such as those that are
LPG fueled, shall be listed and shall be installed, used, an d maintained in
accordance with the manufacturer's instructions. Heating devices shall be secured
properly and kept clear from combustible materials.
155. SMOKING: Smoking is prohibited anywhere inside or on the roof of new buildings
under construction or in the project work area of buildings undergoing alteration. A
suitable number of 'NO SMOKING' signs shall be posted to ensure that smoking is
controlled. Failure to comply can result in a citation and/or failed inspection
issued to the general contractor. Failed inspections will require re-scheduling
and payment of a re-inspection fee.
156. VEHICLE PARKING: All vehicles shall be parked a minimum of 20 ft from new
buildings under construction. Except for Vehicles that are temporarily parked for
loading/unloading or other construction related operations.
157. COMBUSTIBLE MATERIAL STORAGE: Combustible construction materials shall
be stored a minimum of 20 feet from buildings under construction or undergoing
remodel. Except materials that are staged for installation on a floor level.
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158. FIRE SPRINKLER SYSTEMS: Where automatic fire sprinkler systems are required
to be installed in new buildings, the system shall be placed in service as soon
possible. Upon the completion of sprinkler pipe installation on each floor level, the
piping shall be hydrostatically tested and inspected. The system supply riser shall
be placed into service, but after the system has been tested and flushed. For system
activation notification, an exterior alarm bell can be installed a nd connected to the
sprinkler water flow device prior to installation of the monitoring system. If the system
cannot be connected to the water supply once completed due to lack of water supply
to the building, the overhead system shall be maintained with water and 100lbs of
pressure. Either an alarm bell or fire watch shall be provided during non -construction
hours.
For buildings equipped with fire sprinkler systems that are undergoing alterations,
the sprinkler system(s) shall remain in service at all ti mes except when system
modifications are necessary. Fire sprinkler systems undergoing modifications shall
be returned to service at the end of each workday unless otherwise approved by the
Fire Marshal. The General contractor or his/her designee shall check the
sprinkler control valve(s) at the end of each workday to confirm that the
system has been restored to service.
159. FIRE EXTINGUISHERS: Portable fire extinguishers shall be provided and such that
the travel distance to any extinguisher does not exceed 75 ft. Extinguishers shall not
have less than a 2A10BC rating. The general contractor shall ensure that an
adequate number of individuals are trained in the proper use of portable fire
extinguishers.
160. FIRE ALARM SYSTEMS: Fire alarm systems shall be maintained operational at all
times during building alterations. When an alteration requires modification to a
portion of the fire alarm system, the portion of the system requiring work shall be
isolated and the remainder of the system shall be kept in service whenever practical.
When it is necessary to shut down an entire fire alarm system a fire watch shall be
implemented by the general contractor until the system is returned to full service.
161. EXITS: All new buildings under construction shall have a least one unobstructed exit.
All exits shall be identified on the Plan. For new multi-story buildings, each level
above the first story shall be provided with at least two usable exit stairs after the
floor decking is installed. The stairways shall be continuous and discharge to grade
level. Stairways serving more than two floor levels shall be enclosed (with openings
adequately protected) after exterior walls/windows are in place. Exit stairs in new
and in existing, occupied buildings shall be lighted and maintained clear of debris
and construction materials at all times. For new multi-story buildings, one of the
required exit stairs may be obstructed on not more than two contiguous floor levels
for the purposes of stairway construction (i.e., installation of gypsum board, painting,
flooring, etc.).
DocuSign Envelope ID: EC82818E-D132-4D08-B620-5EA1D220F6B7
162. AREA SEPARATION WALLS: When area separation walls are required, the wall
construction shall be completed (with all openings protected) immediately after the
building is sufficiently weather-protected at the location of the wall(s).
SPECIAL OPERATIONS
163. Hot Work: Hot work includes any work involving operations capable of initiating fires
or explosions, including cutting, welding, brazing, soldering, grinding, thermal
spraying, thawing pipe, torch applied roofing, or any other similar activity. The use of
hot work equipment shall be in accordance with the following guidelines.
a. Pre-site inspection: An inspection of the hot work site shall be conducted by
the General Contractor or his/her designee prior to hot work operations to
ensure that (1) the hot work site is clear of combustibles or that combustibles
are protected, (2) openings are protected.
b. Fire Watch: The sole duty of fire watch personnel shall be to watch for the
occurrence of fire during and after hot work operations. Individuals designated
to fire watch duty shall have fire extinguishing equipment readily available and
shall be trained in the use of such equipment.
c. Post-inspection: The fire watch shall be maintained a minimum of 30 minutes
after the conclusion of the work to look out for leftover sparks, slag or
smoldering combustibles. Opposite sides of walls and partitions shall be
checked for radiant heat damage.
164. Asphalt and tar kettles: Asphalt kettles shall not be located within 20 feet of any
combustible material, combustible building surface or building opening. With the
exception of thermostatically controlled kettles, an attendant shall be within 100 feet
of a kettle when the heat source is operating. Ladders or similar obstacles shall not
form a part of the route between the attendance and the kettle. Kettles shall be
equipped with tight-fitting covers. A minimum 20-B:C rated portable fire extinguisher
shall be located within 30 feet of each asphalt kettle when the heat source is
operating. Minimum 20-B:C rated portable fire extinguishers also shall be located
on roofs during asphalt coating operations.
165. Motor Equipment: Motorized equipment including internal-combustion-powered
construction equipment shall be used in accordance with the following:
Equipment shall be located so that exhausts do not discharge against
combustible materials.
When possible, exhausts should be piped to the outside of the building.
Equipment shall not be refueled while in operation.
Fuel for equipment shall be stored in an approved area outside of the building.
166. Hazardous Materials: If more than 55 gallons of flammable or combustible liquid is
to be used, or stored on the site overnight, or on -site fueling will occur a hazardous
materials storage permit shall be obtained. Come into the BLES office and complete
an Owner:Operator Page, provide site plan and inventory of materials. A Chemical
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Control Specialist will provide conditions and arrange f or an inspection.
167. Propane containers may be used in buildings under construction or undergoing
major renovation as a fuel source for temporary heating for curing concrete, drying
plaster and similar applications in accordance with the following:
Heating elements (other than integral heater-container units) shall be located
at least 6 feet from any LPG container.
LPG containers shall be located so that direct or radiant heat does not radiate
onto the LP-Gas container.
Heat producing equipment shall be installed with clearance to the
combustibles in accordance with the manufacturer's installation instructions.
Hose shall be designed for a working pressure of at least 350 psig (unless
limited to 5 psig) and shall be a maximum of 6 feet in length.
Portable heaters shall be equipped with an approved automatic device to shut
off the flow of gas to the main burner and to the pilot in the event of flame
extinguishment or combustion failure. Portable heaters with an input of more
than 50,000 Btu/hr shall be equipped with either a pilot that must be proved
before the main burner can be turned on or an approved electronic ignition
system.
LPG storage or use in buildings undergoing alteration and that are fully or partially
occupied requires specific approval from Fire Prevention prior to bringing LP-Gas
containers on-site.
168. Storage, Use and Dispensing of Flammable and Combustible Liquids: Storage
areas for flammable and combustible liquids shall be kept free of weeds and
extraneous combustible material. Open flames and smoking are prohibited in
flammable or combustible liquid storage areas.
169. Compressed Gases Cylinders in day use shall be marked with the contents, stored
upright and have the protective cap on when not in use or in transport. Hoses shall
be in good conditions and precautions shall be taken while doing hot work to prevent
ignition of combustible materials in the area.
DocuSign Envelope ID: EC82818E-D132-4D08-B620-5EA1D220F6B7