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HomeMy WebLinkAboutResolution No. 2026-28 | Architectural and Site Review Permit 95 Howson Street (APN 790-36-012) | Adopted 05/04/2026 RESOLUTION NO. 2026-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN ARCHITECTURAL AND SITE REVIEW PERMIT FOR A MULTI-FAMILY RESIDENTIAL DEVELOPMENT CONSISTING OF NINE RESIDENTIAL BUILDINGS, UP TO 39 FEET IN HIEGHT FOR A TOTAL OF 42 TOWNHOMES ON A 1.99-ACRE SITE LOCATED AT 95 HOWSON STREET, APN: 790-36-012 (FILE NUMBER AS 24-07) WHEREAS, on March 26, 2024, Bebek Development Company submitted an application requesting an architectural and site review permit for the proposed development of nine residential buildings, up to 39 feet in height, for a total of 42 townhomes on a 1.99 -acre site located at 95 Howson Street (project) within the Downtown Gateway District; and WHEREAS, on February 3, 2026, the application submittal was accepted as complete; and WHEREAS, the Gilroy City staff conducted a full analysis of the project to ensure compliance with the City’s General Plan, Zoning Ordinance, Engineering Design requirements and all other applicable laws, regulations and standards, as further explained in detail in the city staff report to the Planning Commission and City Council; and WHEREAS, the Project has been determined to be categorically exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (Class 32) which applies to in-fill development that is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, located within the City limits and of a size of no more than five acres, substantially surrounded by urban uses, within an area that has no value as habitat for endangered, rare or threatened species, and would not result in any significant effects relating to traffic, noise, air quality, or water quality, and can adequately be served by all required utilities and publi c services; and WHEREAS, on April 2, 2026, the Planning Commission held a duly noticed public meeting, at which time the Planning Commission received the staff report and considered all evidence, including written and oral public testimony; and WHEREAS, on April 2, 2026, the Planning Commission recommended that the City Council approve Architectural and Site Review AS 24-07 with the findings and conditions as specified with the addition of condition number 147 pertaining to street tree species; and WHEREAS, on May 4, 2026, the City Council held a duly noticed public meeting at which time the Council; received the staff report and considered all evidence, including written and oral public testimony related to the project; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is with the Community Development Department, Planning Division. Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 2 of 39 NOW, THEREFORE, BE IT RESOLVED that the City Council of Gilroy hereby approves Architectural and Site Review Permit AS 24-07 based on the following findings made pursuant to Gilroy City Code section 30.50.43 (AS review) and subject to the conditions identified in Exhibit A to this Resolution: A. The proposed development is consistent with the intent of the goals and policies of the City of Gilroy 2040 General Plan given that it is in conformance with the applicable goals and policies including LU 1.1, LU 3.2, LU 3.3, LU 8.5, LU 9.1, PH 1.4, PH 5.6, H 1.1 as it results in an in-fill townhome development that will provide market-rate housing, attractive and compatible architecture, on-site amenities, and enhanced public sidewalks and landscaping strips; and B. The development as proposed and conditioned is consistent with the Zoning Ordinance given that the townhome development is a permitted use and is within the allowable density for the Downtown Gateway District, meets development standards except as outlined in Variance permit V 26-01, does not exceed the allowable building height, provides water efficient landscaping, and exceeds parking requirements; and C. The proposed development is consistent with the Multi-Family Objective Design Standards given that it incorporates required architectural elements and articulation, unit’s front entries are either oriented towards the street or common garden paseo, provides adequate site circulation, and meets required outdoor amenities; and D. The proposed development is consistent with the Downtown Specific Plan given that the project includes architectural enhancements that are compatible with the surrounding neighborhood, provides street beautification through enhanced sidewalks and landscapi ng strips, is proposing attached market-rate housing, and is exceeding the minimum parking standards; and E. Public utilities and infrastructure improvements required to serve the proposed project are available to serve the project. The project will include on-site improvements such as stormwater management, private streets, private sidewalks, parking, and landscaping; and F. The project will not result in significant environmental impacts and qualifies for an exemption under section 15332 of the CEQA guidelines. The Vehicle Miles Traveled (VMT) analysis found no significant impact, and the operational analysis identified no concerns. The project will also remediate an open soil contamination case with the Department of Environmental Health prior to building occupancy. Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 3 of 39 PASSED AND ADOPTED this 4th day of May 2026 by the following roll call vote: AYES: COUNCIL MEMBERS: BRACCO, CLINE, FUGAZZI, HILTON, MARQUES, RAMIREZ, BOZZO NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: ______________________________ Greg Bozzo, Mayor ATTEST: Kim Mancera, City Clerk Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 4 of 39 EXHIBIT A AS 24-07 95 Howson Street PLANNING CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1. APPROVED PROJECT: The approval for Architectural and Site Review AS 24 -07 is granted to construct 42 townhome units located on Assessor Parcel No. 790-36- 012, as shown on: • Project Plans dated as received by the Planning Division on February 19, 2026, prepared by WHA for Bebek Development Company, dated October 31, 2025, and consisting of 29 sheets • Photometrics plans prepared by Associated Lighting Representatives Inc for Bebek Development Company, dated March 4, 2025, and consisting of two 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. 2. PERMIT EXPIRATION: The expiration date of this approval shall be concurrent with the Vesting Tentative Map TM 24-01. 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 Final Map recordation, then approval shall be deemed automatically revoked. 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. Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 5 of 39 3. RELATED ENTITLEMENTS: This permit is subject to the findings and conditions of approval for TM 24-01 (Resolution No. 2026-03) and V 26-01 (Resolution No. 2026- 01) (i.e. related and/or concurrent entitlement requests). 4. RESPONSE TO CONDITONS OF APPROVAL: Permittee shall provide a written response to conditions upon submittal for building application. The responses should clearly indicate how each condition of approval has been addressed in the plans and shall note the appropriate plan sheet. 5. 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 Deve loper, owner or tenant. 6. 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. 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. SIGNAGE: All signage advertising the development project or components thereof, including individual tenants or subdivisions, shall be installed or maintained onsite or offsite as allowed and in conformance with an approved sign permit. 9. 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. 10. OUTDOOR ACTIVITIES: This permit approval does not allow for any outdoor storage or outdoor activities as part of the development and/or operation beyond what is being shown on the project plans. Any future consideration of outdoor uses onsite shall only be considered as allowed by the City Code, including any subsequent permitting for such outdoor use. 11. SINGLE-PHASE DEVELOPMENT: Construction of the project shall be done in a Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 6 of 39 single-phase unless a phased construction project schedule is approved by the Community Development Director or designee. The following conditions shall be addressed prior to issuance of any BUILDING PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise specified in the condition. 12. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval of this permit, as adopted by the decision - maker. 13. EXISTING VIOLATIONS: Prior to issuance of building permits, Developer shall correct all violations of the City Code, if any, existing on the project property for which the City has open cases. 14. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall certify in writing that the architectural design shown in the building permit plans shall substantially conform with the plans approved by the 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. 15. 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. 16. 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. 17. OTHER REVIEW AGENCIES: This project will require review and approval by outside agencies including, but not limited to, Santa Clara County Department of Environmental Health (DEH). Proof of approval from these agencies will be required prior to building permit issuance or grading. 18. SUPPLEMENTAL SOIL GAS ASSESSMET: As per the supplemental soil gas assessment dated May 19, 2025, and prepared by Engeo, the developer shall prepare and submit a Site Management Plan (SMP) for review and approval by the Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 7 of 39 Santa Clara County Department of Environmental Health. The SMP shall include proposed plans to manage, mitigate, and/or remediate the potential risks associated with known areas of contamination. No building or grading permits shall be issued until the Site Management Plan is reviewed and approved to the satisfaction of the Santa Clara County Department of Environmental Health. 19. LIGHTING PLAN: Developer shall submit an on-site 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. 20. LANDSCAPE AND LIGHTING PLAN: Prior to issuance of grading permits, Developer shall submit a combined landscape and lighting plan to verify all project onsite lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. 21. HABITAT NITROGEN DEPOSITION APPLICATION: Prior to issuance of a building permit, Developer shall submit a Santa Clara Valley Habitat Agency Nitrogen Deposition Only application to the City of Gilroy. The building permit will be issued only after approval of the application and payment of assessed fees. Applications for Nitrogen Deposition shall be downloaded from the agency’s website and submitted to the City Planning Division for review and approval. See the Santa Clara Valley Habitat Agency website: https://www.scv-habitatagency.org for more information. 22. 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. 23. GARAGE DOORS: Developer shall provide automatic garage door openers for all garages. All garage entries closer than 23 feet to the front property line shall be equipped with a sectional roll-up garage door. 24. FENCES AND WALLS: All fencing and walls are to be shown on construction drawings submitted for building permit review. The height, design and location shall conform to City Code Article XXXIV including all setback requirements. 25. BICYCLE RACKS OR STORAGE: Developer shall provide bicycle racks and lockers in compliance with Building Division conditions of approval and to the satisfaction of the Building Official. Racks shall be an “inverted U,” or equivalent as Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 8 of 39 approved by the Community Development Director, and must secure the frame and both wheels. Location of racks shall conform with the location as shown on the project plans or as indicated by the building conditions of approval. 26. REFUSE STORAGE: Developer shall show on construction documents location of refuse storage (trash, recycling, and organics containers) for each individual unit as shown on project plans. The storage location of cans shall not be visible from the public right of way and shall not block required parking spaces. 27. 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. Gr ound 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. 28. 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. 29. 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. 30. ADDRESS DIRECTORIES: If proposed, address directories shall be placed in decorative cabinets and clustered for efficient access by residents and service persons, etc. 31. PLAY STRUCTURE: Provisions for a children’s play yard, including appropriate equipment, shall be included on the landscape plans to be approved by the Community Development Director or designee, and installed prior to any occupancy. The provisions of such facilities and their location must be included in sales information to prospective buyers. 32. LANDSCAPING: Prior to building permit issuance, proposed landscaping shall be Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 9 of 39 shown on the site plan and submitted with the construction drawings for review and approval by the Community Development Director or designee. 33. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall specify that a minimum three (3) inch layer of mulch, or other MWELO compliant material will be applied on all exposed soil surfaces, as required by the State Model Water Efficient Landscape Ordinance (MWELO). 34. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant species, such as those listed by the California Invasive Plant Council. 35. 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. 36. 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). 37. 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, pr econstruction 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 the project site or the 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 Fish and Wildlife (usually 100’ for perching birds and 300’ for raptors). The no -disturbance buffer will remain in place until the biolog ist 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 .” 38. PUBLIC ART: Prior to issuance of building permits, submit a process, timetable, and Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 10 of 39 evidence of commitment acceptable to the City to ensure installation of a suitable, significant piece of public-oriented sculpture or similar public art installation prior to occupancy. This shall include involving the Community Development Director or designee in reviewing preliminary concepts, artist, and type of work. All public art must be reviewed and approved by the City of Gilroy Arts and Culture Commission. 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 . 39. 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. 40. 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. 41. 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 Developmen t 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 desig nee. 42. 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. 43. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall remove all construction materials, debris, and vehicles from the subject property. The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition . 44. 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 Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 11 of 39 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.” 45. 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 i nclude the following language on any grading, site work, and construction plans issued for the project site “During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site: a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered; c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; g. All construction equipment shall be maintained and properly tuned in Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 12 of 39 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.” 46. 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 winds; and f. Contractor will cover the bottom of excavated areas with sheeting when work is not being performed. 47. 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 Vertebra te 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 paleontolo gist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards. 48. 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 Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 13 of 39 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.” 49. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans: “If human remains are found during earth -moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American He ritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.” The following conditions shall be complied with AT ALL TIMES that the use permitted by this entitlement occupies the premises. 50. ADDITIONS, ACCESSORY BUILDINGS, AND PATIO COVERS: Building additions and patio covers shall conform to the zoning district, as applicable. 51. GARAGE USE: Garages shall be used for resident parking only. Storage is permitted so long as it does not prevent use of garage for required vehicle parking. 52. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall maintain Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 14 of 39 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. ENVIRONMENTAL PROGRAMS 53. Prior to issuance of building permit, developer shall complete and submit a Stormwater Developer Packet to Mark Johnson, Environmental Programs Manager, at mark.johnson@cityofgilroy.org. If Mark Johnson is unavailable, submit the Stormwater Developer Packet to env.programs@cityofgilroy.org, and call 408.846.0223 to confirm receipt. BUILDING DIVISION - Conditions of Approval The following conditions are part of the project entitlements and must be included in the construction plans for any building permit, grading permit, or superstructure. These conditions need to be met either before the first permit is issued or by the spec ific deadline outlined in each condition. 54. CONDITIONS OF APPROVAL: All conditions of approval must be included in the construction drawings submitted for a building permit. 55. PRE-CONSTRUCTION MEETING: A pre-construction meeting will be held before construction begins, scheduled around the time of permit issuance at a mutually agreed time and location between the project building inspector and the responsible party. This meeting will review the conditions of approval, pre-occupancy requirements, construction hours, inspection requests, project expectations, and site procedures. The applicant must ensure representation from their design and construction staff, including subcontractors. 56. PERMIT CARD: The stamped and approved plans with the permit card must be present on-site at all times. 57. JOB SITE SIGNAGE: Before construction begins, a weatherproof sign measuring 36 inches by 48 inches must be prominently displayed in a location clearly visible from the public right-of-way. The sign should include: • Address of the project site • Permitted hours for construction and deliveries/off-haul • Name, email address, and direct phone number of the General Contractor • Name, email address, and direct phone number of the project manager • Name and phone number of the emergency contact • Code Enforcement complaint phone number: 408 -846-0251 Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 15 of 39 58. CONSTRUCTION ACTIVITIES: Construction activities are limited to 7 AM to 7 PM, Monday through Friday, and 9 AM to 7 PM on Saturdays, unless otherwise specified in a valid permit or approval. 59. CONSTRUCTION MANAGEMENT PLAN (CMP): Submit a CMP with building/grading permit application. CMP must be approved by the building official before permit issuance, be binding, and be updated as conditions change. CMP must include locations for materials/equipment storage, temporary fencing, trai lers, portable toilets, staging/storage, and phasing. 60. TEMPORARY FENCING: Temporary fencing is required around the building site during construction to ensure security, public safety, and noise/dust mitigation. Acceptable materials include chain-link or plywood, up to 6 feet in height, which do not require permits. Fencing must be placed entirely within the project property unless letters of permission from adjacent property owners or a City encroachment permit are obtained. Fencing exceeding 6 feet in height requires review and permitting by the Building Department. 61. PORTABLE TOILETS: Portable toilets used during construction shall be emptied on a regular basis as necessary to prevent odor. A containment pan is required under all portable toilets. 62. 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. 63. DEMOLITION PERMIT: Demolition permits will be issued in accordance with Section 6.1 of the Gilroy Municipal Code. Additionally, safeguards during construction must be implemented in accordance with Chapter 33 of the California Building Code. 64. PLAN CONFORMANCE & SUBMITTAL CONTENTS: All improvements must comply with the City of Gilroy Municipal Code and Building Department standards. Incomplete submittals will be rejected. Improvement plan set must include civil site design, landscape site design, electrical, joint trench, and any structural landscape walls. Improvement plans must include approved Conditions of Approval as the second sheet and a cover sheet table summarizing facilities, ownership, access rights, and maintenance responsibilities. 65. TITLE REPORT & SITE SURVEY: Submit Title Report with first improvement submittal. Provide a site survey for the entire parcel stamped by a California - licensed land surveyor showing property lines, streets/easements, existing Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 16 of 39 buildings, contour lines, and trees/landscaping. 66. PAD ELEVATION CERTIFICATION & FEMA ELEVATION CERTIFICATE: Submit pad elevation certification by a licensed land surveyor or registered civil engineer confirming pad elevations and building setbacks comply with approved plans prior to foundation inspection. Submit FEMA Elevation Certificate as required prior to fi rst occupancy. 67. TITLE 24 & GREEN BUILDING CODE & ENERGY COMPLIANCE: Comply with Title 24 (building, electrical, mechanical, plumbing, energy, fire, green building) and State/Federal accessibility requirements. Include the California Green Building Standards checklist on plans with required measures verified at final inspec tion. 68. GEOTECHNICAL REPORT: Submit a stamped, signed, dated geotechnical/soil investigation with recommendations. Geotechnical Engineer must review final grading, pavement, and drainage plans and provide approval by letter or plan signature prior to permit issuance. All grading/compa ction must be observed/tested by a licensed geotechnical engineer; file phase reports and provide compaction certifications prior to Building Permit final. Add Geotech notes to grading plan. 69. FINAL GRADING & DRAINAGE PLAN SUBMITTAL: Submit final grading and drainage plan prepared by a licensed civil engineer with the building permit showing final grades, elevations, and on-site drainage controls to prevent runoff to adjoining properties. Identify vertical datum, survey date, and surveyor. 70. GRADING RESTRICTIONS, SWPPP & NOI — NPDES / EROSION CONTROL: No earthwork between Oct 15 and Apr 15 unless City Building Official approves a Winterization Erosion Control Plan. Submit SWPPP and Erosion Control Plan as required, keep these on-site, file NOI with State Water Board, and provide a copy to the City before grading permit issuance. Add WDID# to grading plans prior to plan approval. 71. HYDROLOGY, CLOMR/LOMR & FLOODPLAIN FEMA: Hydrology Engineer review to confirm finished floor elevations vs. Hydrology Study; submit letter prior to first building permit. If floodplain impacts exist, complete CLOMR-F/LOMR-F processes with FEMA or provide equivalent floodplain confirmation per City requirements; submit Elevation Certificates documenting as-built conditions. 72. DRAINAGE DESIGN & CALCULATIONS: Provide drainage calculations stamped by a licensed civil engineer demonstrating no increase in downstream peak discharge and showing downstream system capacity where applicable; subject to City approval prior to first building permit. Provide sidewalk dra ins per City standards where necessary. Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 17 of 39 73. UTILITY PLANS & JOINT TRENCH: Provide utility plans for all project portions. Submit joint trench composite plans for underground electrical, gas, telephone, cable, and communication conduits showing trench details, service stubs, meters, and vault/box preferred and alternate locations. Composite drawings must be signed by a licensed Civil or Electrical Engineer. All dry utilities to be placed underground. 74. ELECTRICAL SERVICE REQUIREMENTS: Design and install new services in accordance with PG&E, AT&T, and local cable regulations as underground service unless otherwise approved. Transformers and switchgear cabinets to be underground unless approved by Planning Director or City Engineer. Subm it underground utility plans to City prior to installation. 75. 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 76. 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. 77. STORMWATER MANAGEMENT PLAN (SWMP) & STORMWATER CONTROL PLAN (SWCP): Submit design-level SWMP/SWCP (8½" x 11" report) prepared by a registered civil engineer at first improvement plan submittal analyzing existing/ultimate conditions including off-site tributaries, with exhibits delineating impervious/pervious areas (hatch/shade) and signed Performance Requirement Certifications. At applicant’s expense submit the SWMP/SWCP for independent third-party review; peer review results must be approved by the City En gineer prior to first building permit. 78. MANHOLE ACCESS TO UNDERGROUND STORM CHAMBERS: Show two manholes within proposed storm chamber limits: one immediately after runoff enters chambers and one immediately before runoff exits. 79. INFILTRATION TESTING & GEOTECH REQUIREMENTS FOR STORM FACILITIES: QSP/QSD shall test stormwater facilities to meet design infiltration rates prior to final inspection. Geotechnical double-ring percolation testing and a Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 18 of 39 50% safety factor shall be used; include stormwater design/percolation section in geotechnical report. 80. BMP RAM INVENTORY & PCR BENCHMARK FORMS: Upon completion of stormwater facilities, a qualified QSP shall submit the City BMP RAM inventory data report and the PCR Benchmark form to pcr.inspections@cityofgilroy.org to the satisfaction of the Building Official. 81. STORMWATER OPERATIONS & MANAGEMENT AGREEMENT: Execute the City- standard Stormwater Management Facilities Maintenance Agreement (Chapter 7.39.210–230) prior to first occupancy. Agreement must include owner O&M schedule, City right to perform/charge for neglected maintenance, requirement for repairs per City-approved plans, and identification of responsible parties. Record O&M responsibilities on the deed where applicable. 82. STORMWATER INSPECTIONS & REPORTING: Inspect stormwater facilities at least twice annually (Fall by Oct 1; Winter by Mar 15). Maintain written records including site address, date/time, inspector, facilities inspected, condition, maintenance needed, and reinspection need. Submit inspection re ports to Building Division by Oct 1 and Mar 15. During construction QSD/QSP must provide weekly inspection reports. Failure to comply may result in correction notices, citations, or stop orders. 83. REGIONAL BOARD REVIEW / AUDIT — REGIONAL COMPLIANCE: Provide stormwater design and SWMP/SWCP documents for Central Coast Regional Board review if requested; obtain any required Regional Board approvals/acknowledgments prior to permit issuance. 84. LANDSCAPE & TREATMENT AREAS: Coordinate landscaping with stormwater treatment areas. Landscaping within treatment areas does not count toward site landscaping requirements. Identify treatment areas and ensure plant selection compatibility; do not route sewer facilities through treatment areas. 85. SITE LIGHTING & PHOTOMETRIC PLAN: Submit a photometric plan meeting IES standards: average 1 fc, min 0.3 fc, and max average ratio 4:1 for accessible parking, driveways, circulation, aisles, passageways, and adjacent grounds. Limit light spill and shield sources. Photometric plan approval required by the Building Official or City Engineer. 86. STORM DRAIN INLET MARKING — NO DUMPING LABELS: Mark all storm inlets on and adjacent to the parcel with “No Dumping! Flows to Bay” or equivalent per City standards. 87. FLOOR DRAINS — SANITARY CONNECTION: All floor drains must connect to the Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 19 of 39 sanitary sewer, not the storm system. Show plumbing connections on plans for City Engineer approval. 88. VEHICLE CIRCULATION & AUTOTURN ANALYSIS: Show solid waste and emergency vehicle circulation movements on a separate plan sheet using AutoTurn swept-path analysis to City Engineer satisfaction. 89. HAUL PERMIT FOR OFF-HAUL/ON-HAUL — HAULING WITHIN CITY: If excess fill or cut will be hauled to/from a site within Gilroy city limits, obtain a Haul Permit and note the requirement on the Grading and Drainage Plan. 90. PERMITS FROM OTHER AGENCIES — EXTERNAL PERMITS: Obtain required federal, state, and local permits (e.g., RWQCB, Santa Clara Valley Water District, County Roads/Airports, habitat permits). Provide verification to Public Works/City Engineer before City permits issued. Reimburse City for fees if City is required to be a party to permit application. 91. DEVELOPER STORMWATER QUALITY RESPONSIBILITY — CONTRACTOR AWARENESS: Developer must ensure contractors are aware of and implement stormwater quality measures; failure may result in correction notices, citations, or stop orders. Developer is responsible for City abatement costs for neglected maintenance or emergency repairs. 92. UTILITY PLANS: A utility plan shall be provided for all portions of the projects as specified within these conditions of approval. To ensure coordination between the applicant and the relevant utility company: a. The applicant shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). b. The applicant shall negotiate any necessary right- of-way or easement with PG&E, or any other utilities, subject to the review and approval by the Engineering Division and the utility companies. c. A 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. 93. 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. Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 20 of 39 94. PLAN MODIFICATIONS: The acceptance of the plans does not absolve the developer from correcting any mistakes, errors, or omissions found in them. If the public interest necessitates changes during construction, the City has the authority to require modifications to the accepted plans and will specify how these changes should be implemented. 95. 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. The bicycle rack 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 e ntrances, the racks must be designed to protect the lock from physical assault. Bicycle lockers may be provided in addition to bicycle racks. Long-term bicycle parking for multifamily buildings. Provide on-site bicycle parking at a ratio of one parking space for every one dwelling unit. Acceptable parking facilities shall be conveniently accessed from the street and may include, but not be limited to: 1. Covered, lockable enclosures with permanently anchored bicycle parking devices or racks. 2. Lockable bicycle storage rooms with permanently anchored bicycle parking devices or racks (garage storage satisfies this requirement). 3. Lockable, weatherproof, permanently anchored bicycle lockers. 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 . 96. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the time of first improvement plan submittal, the applicant shall submit a $25,000 (Twenty Five thousand dollars) initial deposit for project plan check and construction inspection. This deposit will be credited/accounted toward final plan check and inspection fee for the project. In addition, the applicant shall submit a detailed project cost 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 submit a final cost estimate and pay 100% of the plan check and inspection fees. (PUBLIC WORKS). Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 21 of 39 97. PLAN SUBMITTAL: The Engineering improvement plans (onsite and offsite) shall be strictly prepared and submitted per Public Works submittal checklist, which can be found in the Public Works, Land Development website or by contacting the land development group at 408-846-0220. 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. Site improvement plans submittal shall also include all subdivision and/or mapping documents by the project Land Surveyor. Submittals will be deemed incomplete and will not be accepted if: 1) submittals do not include the Public Works Submittal Checklist signed by the Engineer of Record, and 2) submittals do not include all items per the Public Works Submittal Checklist requirements. (PUBLIC WORKS) 98. HABITAT CONSERVATION PLAN: The Developer shall obtain the required Habitat Conservation Plan (HCP) Permit and pay the applicable fees prior to the issuance of a grading permit or improvement plan approval. (PUBLIC WORKS) 99. UTILITY PLANS: Joint Trench Plans shall be approved and included with the complete set of improvement plans. Developer is responsible for Joint Trench consultant kickoff and start of the Joint Trench design in a manner that includes PGE design and approval process. A complete site improvement submittal shall include approved Joint Trench Plans. a. Joint trench plans shall include underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). b. 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. (PUBLIC WORKS) 100. 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 Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 22 of 39 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) 101. 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) 102. 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) 103. 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 Gilroy. (PUBLIC WORKS) 104. DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures, and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations, or a project stop order. (PUBLIC WORKS) 105. 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) 106. 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 wi th Fire Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 23 of 39 Department for the Fire Hydrant flow test. The flow test results shall be submitted with the initial plan submittal. (PUBLIC WORKS) 107. 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) 108. PROJECT STUDIES: The applicant shall submit, for City approval, onsite water, sewer, and storm drain studies. These studies shall provide the supporting hydraulic calculation for pipe sizing per the City Standard Design Guidelines. Studies shall confirm that the proposed slopes and capacities (for gravity systems). Pressurized systems shall confirm water pressures and project demands for domestic and fire flow conditions per City Design Guidelines. Additionally, the study shall include calculations confirming that the proposed design meets City Standard flow velocities (PUBLIC WORKS) 109. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the applicant shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities, and the study shall include all off -site tributary areas. Study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition). Existing off-site drainage patterns, i.e., tributary areas, drainage amount, and velocity shall not be altered by the development. The plan shall be to the approval of the City Engineer and shall be approved prior to the issuance of the building permit. (PUBLIC WORKS) 110. 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) 111. 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 inc lude 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 h atch or shading for landscaping/pervious areas on-site including those areas that are Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 24 of 39 not bio-retention areas. This stormwater control plan report format does not replace, or is not in-lieu of any stormwater control plan sheet in the improvement plans. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. At applicant’s sole expense, the stormwater control plan shall be submitted for review by an independent third party 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) 112. BMP RAM INVERTORY DATA REPORT: At the time of completion of the stormwater facilities for the project, the applicant shall acquire a qualified QSP to complete and submit the City of Gilroy’s BMP RAM inventory data report sheet to the satisfaction of the City Engineer. The document shall be submitted directly to pcr.inspections@cityofgilroy.org for processing. (PUBLIC WORKS) 113. PCR BENMARK FORM: At the time of completion of the stormwater facilities for the project, the applicant shall acquire a qualified QSP to complete and submit the City of Gilroy’s PCR Benchmark form to the satisfaction of the City Engineer. The document shall be submitted directly to pcr.inspections@cityofgilroy.org for processing. (PUBLIC WORKS) 114. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or 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. 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) 115. SIGHT DISTNACE / VISIBILITY : Project shall conduct and confirm a site visibility analysis at the project entrance and the intersection of Church St/Howson St based on stopping distance and design speed of existing streets. Public Works shall confirm existing street design speeds. Results of site visibility results, plus proper safety factors, shall be the basis for establishing no parking zones along the project frontages. (PUBLIC WORKS) 116. DRIVEWAY DESIGN: Driveway grades at all Private Alleys 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 provided on the site civil plans to the satisfaction of the City Engineer. Since Auto Turn design tools are not useful for this purpose, design Civil Engineer shall model using a frame-by-frame analysis to demonstrate the COA objectives. (PUBLIC WORKS) 117. CHURCH STREET ENTRANCE: This entrance will be secured with an Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 25 of 39 entranced and gate design acceptable to the City Engineer. It shall be limited to Emergency Vehicles and Solid Waste vehicles. Gate will be secured and controlled with remote access and/or other measures acceptable to the City Engineer. The entrance gate shall be privately owned and maintained. To ensure entrance used by unauthorized vehicle during in the event of long periods of gate malfunction, Developer shall install an alarm system on the gate managed by a third party alarm company that will inform the HOA of immediate corrective action. (PUBLIC WORKS) 118. 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) 119. 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 were performed in conformance with the requirements of the project’s geotechnical report. The applicant shall add this condition to the general notes on the grading plan. Certification of grades and compaction are required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 26 of 39 Plan. (PUBLIC WORKS) 120. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must obtain an encroachment permit for any work in the public right of way. This encroachment permit shall be obtained prior to the first permit issuance with expectations that all plans will be reviewed/completed at the same time. No permanent structures are permitted within the City right -of-way, or within any City easement. The applicant 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. 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 prior to final design. Right-of-way improvements shall include all complete street frontage improvements, including but not limited to Howson Street Frontage: remove and replace curb and gutter, sidewalk, landscape, lighting, curb ramps. Along Church Street: remove and replace curb and gutter, sidewalk, landscape, lightin g, curb ramps. (PUBLIC WORKS) 121. 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 s o 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) 122. 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 Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 27 of 39 • 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 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) 123. 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 easement areas. (PUBLIC WORKS) 124. FLOOR DRAINS: All floor drains shall be plumbed to connect to the sanitary sewer system, and shall not be connected to stormwater collection system. The plumbing connections shall be shown on the plans to the approval of the City Engineer. (PUBLIC WORKS) 125. 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) 126. GARBAGE/RECYCLE STORAGE AND SERVICE: The applicant shall provide an adequate area for the purposes of storing garbage and recycling collection containers for scheduled servicing by the franchise solid waste collection service. The containers shall be placed at the service location allowing enough room for the truck to safely approach the containers. A letter shall be provided, to the approval of the City Engineer, from the City’s franchise solid waste collection service provider (Recology) confirming serviceability and site accessibility of the solid waste pickup as designed and shown on the project plans. Contact Recology at 408-842-3358. (PUBLIC WORKS) 127. UNDERGROUND FRONTAGE UTILITY LINES: The applicant must underground all overhead utilities running through the property and along the project frontage, and remove all related utility poles, along the project frontage from utility pole to utility pole. Limits for underground shall be to the nearest upstream and downstream pole nearest to the frontage property line limits. The applicant shall be responsible for the coordination with all utility companies existing on the poles Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 28 of 39 and coordinate for their undergrounding or relocation as necessary so that the project frontage is free from utilities to the approval of the City Engineer. The applicant shall submit plans for this undergrounding work with the civil plans submitted with the first building permit. Permitting for this undergrounding work shall occur prior to the issuance of the first building permit unless otherwise approved by the City Engineer. (PUBLIC WORKS) 128. DRAINAGE: Drainage designed into landscaping with the purpose of reducing volume or improving quality of runoff from the site shall be implemented according to the requirements of the Stormwater Management Guidance Manual for Low Impact Development & Post Construction Requirements (June 2015) and shall also be, subject to the approval of the City Engineer. Where necessary, sidewalk drains per the City Standard Drawing shall be provided to direct the water under the sidewalk and through the curb. No increase to the peak discharge shall be permitted downstream. In addition, discharge must conform to any non-point source permit issued by the Regional Water Quality Control Board. Drainage improvements made on-site shall conform to standard engineering practices and shall not allow any site drainage to impact adjacent properties. All drainage capacity calculations shall be performed by a licensed Civil Engineer, whose signed engineer’s stamp shall appear on the calculations sheets, and shall be submitted to the City for review and approval with the project civil plans. For projects that include permanent structural controls for water quality protection, the O&M (operation and maintenance) procedures for such control features shall be submitted in a site-specific Stormwater Control Plan (SWCP) which shall be reviewed and approved prior to occupancy. A formal O&M Agreement shall specify the owner’s responsibility to ensure their ongoing effective operation and maintenance. Such O&M responsibility requirements shall be re corded 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) 129. 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 trea tment 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 treatmen t areas due to the nature of the facility. Sewer facilities cannot be aligned through stormwater treatment Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 29 of 39 facilities. It is the applicant’s responsibility to coordinate the civil stormwater treatment facilities and the plans from the project landscaper. (PUBLIC WORKS) 130. ADDRESS PLAN: The applicant shall submit to the Public Works Department a final address plan. The plan shall be substantially in conformance with the address plan approved with the Arch & Site application. Said submittal shall be approved by the City Engineer prior to the submittal of plans for any demolition permit, building permit, or site development permit and shall be satisfied prior to issuance of whichever permit is issued first. (PUBLIC WORKS) 131. DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the project's share for the following City Impact Fees: Street Trees Impact Fee: $2,433.02 Storm Water Impact Fee: $1,999.95 Sanitary Sewer Impact Fee: $322,308.00 Water Impact Fee: $82,740.00 Traffic Impact Fee: $476,070.00 Public Facilities Impact Fee: $854,700.00 The estimated impact fees are based on the planning approved plans and are only approximations at the time of planning approval. 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. Fees shown here are for impact fees only and do not include plan check and inspection fees. Impact fees shall be collected by the Public Works Department and paid on an individual unit building permit basis. (PUBLIC WORKS) 132. 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) 133. 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 Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 30 of 39 record drawings as constructed in the field. The applicant shall also provide the City with an electronic copy of the record drawings in the AutoCAD Version being used by the City at the time of completion of the work. The applicant shall 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) 134. PAVEMENT RESTORATION: To ensure a rehabilitated and improved road surface condition as a new subdivision development, and due to new utility cuts along the project frontage, the applicant shall complete the following along pavement restoration: Church St frontage curb to curb – Type II slurry. Cost sharing with City will apply if developer does not have trench work beyond the street centerline. Howson St curb to curb – Type II slurry. Cost sharing with City will apply if developer does not have trench work beyond the street centerline. Church/Howson Intersection – 3 inch AC grind and pave. This item is subject to cost sharing and 50% cost reimbursement by City. (PUBLIC WORKS) 135. 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 below ground structures used as part of stormwater design shall include a pre-treatment device (such as vortex or hydrodynamic separator), to ensure sediment and trash capture. Pretreatment is required for long term maintenance only of below ground st ructures, separate and not a part of the approved methods for stormwater compliance. d. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. e. 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 Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 31 of 39 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) 136. 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. c. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1 st for the Fall report, and no later than March 15th of the following year for the Winter report. d. Before commencing any grading or construction activities, the applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. e. The applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order. f. Sequence of construction for all stormwater facilities (bioswales, detention/ retention basins, drain rock, etc.) shall be done toward final phases of project to prevent silting of facilities and reduce the intended use of the facilities. g. Prior to final inspection, all stormwater facilities will be 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 Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 32 of 39 the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing with appropriate safety factors) at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. (PUBLIC WORKS) 137. 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 pro ject 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. 138. PUBLIC IMPROVEMENTS - All required public improvements must be constructed and accepted by the City prior to issuance of the first and any subsequent certificate of occupancy, unless approved by City Engineer/Public Works Director. (PUBLIC WORKS) 139. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at least fifteen (15) 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 initial schedule shall be in Microsoft Project, or an approved equal, and shall identify all detail construction tasks for full project completion, including the critical path. After the initial critical path schedule, Developer shall be update and submit weekly a 5 week look- ahead schedule. The approved construction and phasing schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction informa tion handout(s) shall also be provided to GUSD to share with school parents. (PUBLIC WORKS) a. All work shown on the improvement plans shall be inspected to the approval of the City Engineer as applicable. Uninspected work shall be removed as deemed appropriate by the City Engineer. b. Construction activities related to the issuance of any Public Works permit shall be restricted to the weekday between 7:00 a.m. and 7:00 p.m., Saturday work is not allowed under any circumstances. Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 33 of 39 Developer can request Saturday work only on specific circumstances and only if approved by the City Engineer. No work shall be done on Sundays and on City Holidays. 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 construction 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 Works Department to obtain sample City Standard sign outlining hours of operation. c. The allowed hours of Public Works construction activities may be waived or modified through an exemption, for limited periods, if 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. 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 Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 34 of 39 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 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 Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 35 of 39 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 profession al 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 require the soils engineer submit to daily testing and sampling reports to the City Engineer. Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 36 of 39 140. JOB SITE SIGNAGE: Prior to construction, A 36 inch by 48 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 responsible person 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). 141. TREE ARBORIST MEASURES: The project shall comply with requirements in the project Arborist Report. (PUBLIC WORKS) 142. PROJECT CLOSE-OUT: Prior to City acceptance of all tract subdivision 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 submitte d prior to the first occupancy. All public improvements, including the complete installation of all improvements relative to streets, fencing, sanitary sewer, storm drainage, water system, underground utilities, etc., shall be completed and attested to by the City Engineer before approval of occupancy of any unit. Where facilities of other agencies are involved, such installation shall be verified as having been completed and accepted by those agencies. In addition, the applicant shall submit a detailed project cost estimate of all public improvements constructed on - site and within the public right-of-way. The cost estimate shall be prepared by the project engineer, and be to the approval of 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) 143. 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 Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 37 of 39 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 engine brakes” on residential streets. The haul route for this project shall be Hwy 101, to Leavesley Road, to Montetrey to Howson and return the same way to the highway. 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 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) 144. 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 cons truction and indicate where sufficient off-street parking will be utilized and identify any locations for off- site material deliveries. Said plan shall be approved by the City Engineer prior to issuance of City permits and shall be 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) 145. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code, Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City Engineer may approve the discharge of uncontaminated pumped ground waters to the sanitary sewer only when such source is deem ed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the City Engineer. (PUBLIC WORKS) Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 38 of 39 The following conditions shall be complied with AT ALL TIMES that the use permitted by this entitlement occupies the premises 146. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm Water Pollution Prevention all projects that meet the criteria described in the Storm Water Guidance Manual for Low Impact Development and Post- Construction Requirements shall prepare a storm water control plan (SWCP) and shall meet the requirements of the design standards and selec tion 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) Planning Commission Conditions 147. The applicant shall replace the proposed Chinese Pistache with a different street tree from the approved street tree list or as approved by the Community Development Director and/or City Engineer . The replacement tree shall be shown on all landscape plans submitted to the Building Division and Public Works Department. Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6 Resolution No. 2026-28 AS 24-07 95 Howson Street City Council Regular Meeting | May 4, 2026 Page 39 of 39 CERTIFICATE OF THE CLERK I, KIM MANCERA , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2026-28 is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, May 4, 2026 with a quorum present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Wednesday, May 6, 2026. ____________________________________ Kim Mancera City Clerk of the City of Gilroy Docusign Envelope ID: 17293702-8932-8FB3-807E-A52F12664ED6