HomeMy WebLinkAboutResolution No. 2023-41 | Architectural and Site Approval - Gilroy Square Project | Adopted 06/05/2023RESOLUTION NO. 2023-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT PERMIT FOR THE GILROY SQUARE
PROJECT ON 10.18 ACRES OF PROPERTY LOCATED AT 6970
CAMINO ARROYO, APN: 841-70-049 (FILE NUMBER AS 21-13)
WHEREAS, on July 29, 2021, Bhagirath Desai, Temple Gilroy LLC submitted an
application for the Gilroy Square project requesting planned unit development zone
change for the Gilroy Crossings C3-HC-M2 PUD phase II, architectural and site review
for the Planned Unit Development (PUD) amendment, and tentative map to create six
parcels for proposed development of a drive-through restaurant, vehicle fueling station
with a convenience store and carwash, two 4 story hotels with 200 rooms, and two
speculative industrial buildings, all of which would be on separate new parcels; and
WHEREAS, on July 7, 2022, the application submittal was accepted as complete;
and
WHEREAS, an initial study/mitigated negative declaration (MND) and mitigation
monitoring and reporting program (MMRP) has been adopted for the project by separate
resolution, and the mitigation monitoring and reporting program shall apply to approve of
project zoning entitlements, which incorporates the mitigation measures identified in the
MND to reduce the project potential environmental impacts to less than significant, in
compliance with the California Environmental Quality Act; and
WHEREAS, on May 4, 2023, the Planning Commission held a duly noticed public
meeting, at which time the Planning Commission received and considered the staff report
as well as all evidence received including written and oral public testimony on the Gilroy
Square zoning amendment and related entitlements and voted 6-0-1 to recommend
approval of the project to the City Council; and
WHEREAS, on June 5, 2023, the City Council held a duly noticed public meeting,
at which time the Council received and considered the staff report as well as all evidence
received including written and oral public testimony on the Gilroy Square project mitigated
negative declaration and the project zoning applications; 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 the office
of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED that the City Councill of the City of Gilroy
hereby approves Architectural and Site Review Planned Unit Development Permit AS 21-
13 based on the following findings made pursuant to Gilroy City Code section 30.50.43
Scope of Review) and Section 30.50.50 (Planned Unit Development) and subject to the
conditions identified in Exhibit A to this Resolution:
A. The project has been reviewed for compliance with City standards for traffic
safety and efficiency including driveway and drive aisle dimensions, bicycle
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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and vehicle parking, pedestrian access, emergency vehicle and truck
circulation and access, and off-site traffic improvements. Conditions have
been included as recommended by the City Engineer and consistent with
those recommended in the project traffic report. The project also requires
payment of traffic impact fees, and lengthening of a left turn lane queue lane
into the site from Camino Arroyo. These conditions are detailed in the draft
resolution for approval. As proposed and conditioned the project will provide
safe and efficient traffic circulation. Furthermore, As proposed and
conditioned parking for vehicles and bicycles will be provided for each
building and for drive through service lanes in compliance with City standard
parking regulations, building code requirements and design standards;
B. Buildings are designed to accommodate signage which shall be subject to
separate sign permit and review for compliance with the Gilroy Crossings
sign program; and
C. As proposed and conditioned, the project includes planned unit
development standards and design criteria that includes unique
architectural design details for each site and addressing all sides of each
building, diverse colors and materials palettes that complement the
buildings, and articulation in building wall planes and fenestration details ;
D. Landscaping details are provided that address stormwater treatment and
water efficient landscaping requirements, meeting commercial landscaping
standards with minimum 21-foot landscaping proposed along the street
frontage, typical 5-foot minimum planters, street trees along the project
frontage and perimeter, distributed throughout parking areas, and
landscape islands at the ends of parking rows;
E. The project as proposed and conditioned complies with drainage and fire
protection requirements;
F. Environmental impacts of the project have been adequately assessed in the
mitigated negative declaration prepared for the proposed development, with
mitigation measures and conditions included that ensure any potential
impacts would be less than significant; and
G. The project satisfied findings for approval of the planned unit development
permit as follows:
a. Conforms to the Gilroy General Plan in terms of general location and
standards of development in that the project is recommended as
consistent with the General Plan and will conform to the standard C3/HC
commercial and M2 Industrial zoning building setback and height
requirements;
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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b. Provides development which will fill a specific need of the surrounding
area, in that it builds out the site with commercial and industrial uses as
anticipated by the General Plan and PUD;
c. Does not require urban services beyond those which are currently
available, in that the project has been reviewed by appropriate City staff
and has been confirmed as within the intensity of development on which
sewer and water analyses were based, and sufficient capacity exists for
site buildout;
d. Provides a harmonious, integrated plan which justifies exceptions, if
such are required, to the normal requirements of this chapter. The
applicant is proposing development that conforms to the base zoning
regulations and as proposed and conditioned does not require
exceptions. Further, the site provides internal connectivity between
compatible uses as well as adjacent sites;
e. Reflects an economical and efficient pattern of land uses in that the
proposed intensity of development accommodates allowed uses,
including desired visitor accommodation, in compliance with City
standards;
f. Includes greater provisions for landscaping and open space than would
generally be required, in that the site utilizes predominately low water
use plants as shown on plan sheet L1.00, incorporates bioretention
areas in site landscaping, and provides more than 18% of the site in
landscaping exceeding the 8% minimum standard required pursuant to
section 30.38.60;
g. Utilizes creative, aesthetic design principles to create attractive
buildings, open space and site design to blend with the character of
surrounding areas; in that the design and architecture includes high
quality materials, fully articulated facades, screening of exterior
equipment and is compatible with the design in Gilroy Crossings Phase
1 shopping center;
h. Would not create traffic congestion, noise, odor, or other adverse effects
on surrounding areas as the project has been conditioned to avoid any
conflicts or issues and accommodate anticipated traffic flows; and
i. Provides adequate access, parking, landscaping, trash areas and
storage, as necessary, as shown on plans and conditioned.
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 5th day of June 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE,
HILTON, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
Thai Nam Pham, City Clerk
Marie Blankley (Jun 7, 2023 10:01 PDT)
Marie Blankley
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 5 of 55
EXHIBIT A
AS 21-13
Gilroy Square (Gilroy Crossings Phase II-PUD)
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval is granted for Gilroy Crossings Planned Unit
Development Phase II, 10.18 acre site located on the east side of Camino Arroyo,
which includes a tentative map to create 6 parcels, architectural and site plan
approval establishing planned unit development standards for a new restaurant with
a drive through, a gas station with convenience store and car wash, two four story
hotels and two lots for future industrial uses that shall be subject to C3/HC
commercial and M2 industrial development standards, as specifically shown on the
approved project development plans as follows:
Architectural Plans prepared for Gilroy Square by ACE Design LLC dated
1/26/23 consisting of 36 sheets;
Civil Plans prepared for Gilroy Square by ACE Design LLC, dated 2/9/23
consisting of 9 sheets;
Landscape Plan prepare for Gilroy Square Development by Quadriga, dated
7/9/21 consisting of 1 sheet;
Photometric Plan prepared for Gilroy Square by ACE Design LLC, dated
1/23/23 consisting of 2 sheets;
Materials Boards for Burger King, C Store, Canopy, Carwash, Holiday Inn
Suite, Residence Inn, Future Warehouse 1 and Future Warehouse 2,
stamped approved in the project file; and
Tentative Subdivision Map for 6970 Camino Arroyo by Rose’s Engineering
dated 7/23/22 Sheet 1.
Build-out of the project shall conform to the plans, except as otherwise specified in
these conditions. Any future adjustment or modification to the plans, including any
changes made at time of building permit submittal, shall be considered by the
Community Development Director or designee, may require separate discretionary
approval, and shall conform to all City, State, and Federal requirements, including
subsequent City Code requirements or policies adopted by City Council.
2. PERMIT EXPIRATION: The expiration date of this approval is two years from the
decision date of the City Council. If any development for which architectural and site
approval has been granted has not obtained building permits within two (2) years
from the date of approval, by June 5, 2025, the 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
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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to the permit expiration date, Developer must submit to the Planning Division a
written application with applicable fees prior to the expiration date. Only timely
requests may be considered pursuant to the City Code.
3. RELATED ENTITLEMENTS: This permit is subject to the findings conditions of
approval, and mitigation measures of concurrent related entitlements TM 21-02, and
the Z 22-02 planned unit development, or any subsequent amendments.
4. SUBSEQUENT ENTITLEMENTS: Subsequent site development, including the
speculative industrial parcels if building permit applications are not filed prior to
occupancy of the commercial phase of development and in accordance with
approved plans, shall be subject to separate staff level administrative architectural
and site permit review.
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 Developer,
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 Gilroy Crossings (Regency) Sign Program,
subject to the satisfaction of the Community Development Director or designee.
8. WATER LIMITATIONS: Developer shall be advised that the approval is subject to
the drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98.
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.
9. 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.
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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10. MULTI-PHASE DEVELOPMENT: Construction of the project may be done in
multiple phases. The applicant shall submit a phasing plan for city review and
approval at time of submittal of Improvement Plans or prior to issuance of the first
building permit, whichever occurs first. Each phase of development must
demonstrate grade and landscape connectivity with adjacent site improvements. The
first development in the commercial phase shall be responsible for completion of all
required off-site, frontage landscaping and sidewalks for the entire phase, and
shared bioswale, parking or drive aisle improvements adjacent to the subject parcel.
11. PUBLIC ART/PUD AMENITY: In compliance with City Code 30.26 (PUD amenity)
and other City policies, prior to issuance of grading permits the developer shall
submit a process, timetable, and 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.
Preliminary concepts, artist, and type of work shall be submitted to the Community
Development Director for review. All public art must be reviewed and approved by
the City of Gilroy Arts and Culture Commission prior to issuance of building permits.
12. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall obtain a final Habitat Permit approval and submit payment of
mitigation fees. The grading permit will be issued only after approval of the Habitat
Plan permit and payment of assessed fees. The applicant shall be responsible for all
costs associated with review and issuance of the permit, including application
processing fee and consultant review deposit.
The application shall consist of submittal of a Santa Clara Valley Habitat Plan
Application For Private Projects and Fees and Conditions. Applications for Private
Projects shall be submitted electronically through the agency website]. See the
Santa Clara Valley Habitat Agency website: https://www.scv-habitatagency.org for
more information.
13. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall certify
in writing that the architectural design shown in the building permit plans match the
plans approved by the Community Development Director or designee/Planning
Commission/City Council. Any changes must be clearly noted. The project architect
shall also certify that the structural plans are consistent with the architectural plans.
In the event of a discrepancy between the structural plans and the architectural
plans, the architectural plans shall take precedence, and revised structural drawings
shall be submitted to the Building Division.
14. 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
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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submittal and/or issuance, as applicable.
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. LIGHTING PLAN: Developer shall submit a lighting plan with the application for
building permit. This plan should include photometric contours, manufacturer’s
specifications on the fixtures, and mounting heights. Parking lot and exterior light
fixtures shall be full cutoff type so that lighting is directed downward only, minimizing
glare and light pollution, and shall not cast light on any adjacent property or roadway.
Developer shall recess or conceal any under-canopy lighting elements so they are
not directly visible from any public area. The lighting plan must be approved by the
Community Development Director or designee.
17. 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.
18. BICYCLE RACKS OR STORAGE: Bicycle racks and lockers shall be provided as
required by the Building Division and Engineering conditions of approval. Racks shall
be “inverted U,” or equivalent as approved by the Community Development Director,
and must secure the frame and both wheels. Racks should be located near the
building entrance (i.e., within constant visual range) unless it is demonstrated that
they create a public hazard or locating them there is otherwise infeasible. If space is
unavailable near building entrances, the racks must be designed so that the lock is
protected from physical assault.
19. PARKING MANAGEMENT PLAN (SHARED PARKING): Developer shall create a
parking management plan describing parking allocation for residents, guests, and/or
commercial uses within the project, subject to approval by the Community
Development Director or designee.
20. MUTUAL ACCESS: The Developer shall prepare a legal agreement recorded to run
with the land providing for mutual access as follows:
a. Access and maintenance agreement shall be established for the commercial
lots and for the two industrial parcels.
b. An additional access opportunity shall be provided from the northerly portion
site drive aisle to parcel(s) east of the site, on Silacci Way, subject to review
and approval by the City Engineer and Community Development Director.
c. Agreement shall be approved by the City Attorney, City Engineer and
Community Development Director or designee and shall state that it may not
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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be modified without the City’s consent.
21. LOADING ZONES: Prior to issuance of building permit, Developer shall stripe all
loading zones, whether situated outside or inside a structure, for loading and
unloading activities only and shall post a sign prohibiting storage or other non-loading
activity within the designated loading zone.
22. TRASH ENCLOSURE: Prior to building permit issuance, details of an opaque
screen trash enclosure are to be shown on construction drawings and approved by
the Community Development Director or designee. The trash enclosure should
match the architectural design, color, and materials of the primary structure. The
trash enclosure for restaurants and other uses with food service shall be equipped
with hot water, a drain inlet to the sanitary sewer system, and a locking device.
23. SCREENING OF APPERTUNANCES: Developer shall show screening on
construction drawings details as follows:
a. 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.
b. Ground mounted utility appurtenances such as transformers shall not be
visible from any public right-of-way and shall be adequately screened through
the use or combination of concrete or masonry walls, berms, and landscaping.
c. 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.
24. 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.
25. ROOF AND BUILDING DRAINPIPES: Developer shall install all roof and building
drainpipes and downspouts inside building elements. These items shall not be visible
on any exterior building elevations.
26. 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.
27. LANDSCAPING: Prior to building permit issuance, proposed landscaping shall be
shown on the site plan and submitted with the construction drawings for review and
approval by the Community Development Director or designee.
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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28. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall
clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil
surfaces, as required by the State Model Water Efficient Landscape Ordinance
MWELO).
29. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant
species, such as those listed by the California Invasive Plant Council.
30. 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.
31. 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).
32. PRECONSTRUCTION NESTING BIRD SURVEY: To the extent practicable,
vegetation removal and construction activities shall be performed from September 1
through January 31 to avoid the general nesting period for birds. If construction or
vegetation removal cannot be performed during this period, preconstruction surveys
will be performed no more than two days prior to construction activities to locate any
active nests as follows:
The Developer shall be responsible for the retention of a qualified biologist to
conduct a survey of the project site and surrounding 500’ for active nests: with
particular emphasis on nests of migratory birds: if construction (including site
preparation) will begin during the bird nesting season, from February 1 through
August 31. If active nests are observed on either 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 biologist determines the nest is no longer
active or the nesting season ends. If construction ceases for two days or more
and then resumes during the nesting season, an additional survey will be
necessary to avoid impacts on active bird nests that may be present.”
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL
INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs
first, or as otherwise specified in the condition.
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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33. 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.
34. 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.
35. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation of
the proposed use, or completion of each build-out phase of development, Developer
shall submit a signed Certificate of Completion, along with all necessary supporting
documentation and payment to the Community Development Department, for
compliance verification of the landscape installation. Developer is required under the
Model Water Efficient Landscape Ordinance (MWELO) to provide a copy of the
approved Certificate of Completion to the property owner or his or her designee.
36. 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.
37. 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 met prior to the approval of the FINAL MAP or
PARCEL MAP, or other deadline as specified in the condition.
38. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions,
and restrictions (CC&Rs) applicable to the project property shall be consistent with
the terms of this permit and the City Code. If there is a conflict between the CC&Rs
and the City Code or this permit, the City Code or this permit shall prevail.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.
39. CONSTRUCTION RELATED NOISE: To minimize potential construction-related
impacts to noise, Developer shall include the following language on any grading, site
work, and construction plans issued for the subject site
During earth-moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and
on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is
prohibited on Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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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.”
40. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction-
related impacts to air quality, Developer shall require all construction contractors to
implement the basic construction mitigation measures recommended by the Bay
Area Air Quality Management District (BAAQMD) and shall include the following
language on any grading, site work, and construction plans issued for the project site
During earth-moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction sit e:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or offsite
shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of
dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles
per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access points;
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be
checked by a certified visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact
at the lead agency regarding dust complaints. This person shall respond and
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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take corrective action within 48 hours. The Air District’s phone number shall
also be visible to ensure compliance with applicable regulations.”
41. 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.
42. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is
discovered during construction of the project, excavations within 50’ of the find shall
be temporarily halted or delayed until the discovery is examined by a qualified
paleontologist, in accordance with the Society of Vertebrate Paleontology standards.
The City shall include a standard inadvertent discovery clause in every construction
contract to inform contractors of this requirement. If the find is determined to be
significant and if avoidance is not feasible, the paleontologist shall design and carry
out a data recovery plan consistent with the Society of Vertebrate Paleontology
standards.
43. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental
discovery of archaeological resources during grading or construction activities,
Developer shall include the following language on any grading, site work, and
construction plans issued for the project site:
If archaeological or cultural resources are discovered during earth-moving,
grading, or construction activities, all work shall be halted within at least 50
meters (165 feet) of the find and the area shall be staked off immediately. The
monitoring professional archaeologist, if one is onsite, shall be notified and
evaluate the find. If a monitoring professional archaeologist is not onsite, the
City shall be notified immediately and a qualified professional archaeologist
shall be retained (at Developer’s expense) to evaluate the find and report to
the City. If the find is determined to be significant, appropriate mitigation
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 14 of 55
measures shall be formulated by the professional archaeologist and
implemented by the responsible party.”
44. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or
recognition of any human remains, Developer shall include the following language
in all grading, site work, and construction plans:
If human remains are found during earth-moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until
the coroner of Santa Clara County is contacted to determine that no
investigation of the cause of death is required. If the coroner determines the
remains to be Native American the coroner shall contact the Native American
Heritage Commission within 24 hours. The Native American Heritage
Commission shall identify the person or persons it believes to be the most
likely descendent (MLD) from the deceased Native American. The MLD may
then make recommendations to the landowner or the person 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.”
45. MITIGATION MEASURES: The mitigation monitoring and reporting program
adopted for the project shall be incorporate by reference herein implementing the
following measures:
BIO-1 To avoid/minimize impacts to burrowing owls potentially occurring
within the project site, the project applicant shall retain a biologist
qualified in ornithology to conduct surveys for burrowing owl. The
approved biologist shall conduct a two-visit (i.e., morning and evening)
presence/absence survey at areas of suitable habitat on and adjacent to
the project site boundary no less than 14 days prior to the start of
construction or ground disturbance activities. Surveys shall be conducted
according to methods described in the Burrowing Owl Survey Protocol
and Mitigation Guidelines (California Burrowing Owl Consortium 1993)
and the Staff Report on Burrowing Owl Mitigation (California Department
of Fish and Wildlife 2012). The applicant shall submit evidence of
completion of the preconstruction survey to the City of Gilroy Planning
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 15 of 55
Department prior to issuance of a grading permit. Because burrowing
owls occupy habitat year-round, seasonal no-disturbance buffers, as
outlined in the Burrowing Owl Survey Protocol and Mitigation Guidelines
California Burrowing Owl Consortium 1993) and the Staff Report on
Burrowing Owl Mitigation (California Department of Fish and Wildlife
2012), shall be in place around occupied habitat prior to and during any
ground disturbance activities. The following table includes buffer areas
based on the time of year and level of disturbance (California Department
of Fish and Wildlife 2012), unless a qualified biologist approved by the
California Department of Fish and Wildlife verifies through non -invasive
measures that either: 1) birds have not begun egg laying and incubation;
or 2) that juveniles from the occupied burrows are foraging independently
and are capable of independent survival.
Location Time of Year
Level of Disturbance Buffers
meters)
Low Med High
Nesting
Sites
April 1 – Aug
15 200 m 500 m 500 m
Nesting
Sites
Aug 16 – Oct
15 200 m 200 m 500 m
Nesting
Sites
Oct 16 – Mar
31 50 m 100 m 500 m
If burrowing owl is found and avoidance is not possible, burrow exclusion
may be conducted by qualified biologists only during the non -breeding
season, before breeding behavior is exhibited and after the burrow is
confirmed empty through non-invasive methods, such as surveillance.
Occupied burrows shall be replaced with artificial burrows at a ratio of
one collapsed burrow to one constructed artificial burrow (1:1). Evicted
burrowing owls may attempt to colonize or re-colonize an area that would
be impacted, thus ongoing surveillance during project activities shall be
conducted at a rate sufficient to detect burrowing owls if they return.
If surveys locate occupied burrows in or near construction areas,
consultation with the CDFW shall occur to interpret survey results and
develop a project-specific avoidance and minimization approach.
BIO-2 To avoid impacts to nesting birds during the nesting season (January
15 through September 15), to the extent feasible, construction activities
that include any vegetation removal or ground disturbance (such as
grading or grubbing) shall be conducted between September 16 and
January 14, which is outside of the bird nesting season. If construction
activities commence during the bird nesting season, then a qualified
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 16 of 55
biologist shall conduct a pre-construction survey for nesting birds to
ensure that no nests would be disturbed during project construction.
If construction activities are scheduled during the nesting season
February 15 to August 30 for small bird species such as passerines;
January 15 to September 15 for owls; and February 15 to September 15
for other raptors), a qualified biologist shall conduct nesting bird surveys.
Two surveys for active nests of such birds shall occur within 10 days prior
to start of construction, with the second survey conducted with 48 hours
prior to start of construction. Appropriate minimum survey radius
surrounding the work area is typically 250 feet for passerines, 500 feet
for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be
conducted at the appropriate times of day to observe nesting activities.
If no nesting activity is observed, a report shall be submitted to the City
of Gilroy and disturbance activities may comments. If the qualified
biologist documents active nests within the project site or in nearby
surrounding areas, a minimum no-disturbance buffer of 250 feet around
active nests of non-listed bird species and a 500-foot no-disturbance
buffer around active nests of non-listed raptors shall be established. The
buffer shall be clearly marked and maintained until the young have
fledged and are foraging independently.
Prior to construction, the qualified biologist shall conduct baseline
monitoring of each nest to characterize “normal” bird behavior and
establish a buffer distance, which allows the birds to exhibit normal
behavior. The qualified biologist shall monitor the nesting birds daily, or
as otherwise required by the California Department of Fish and Wildlife,
during construction activities and increase the buffer if birds show signs
of unusual or distressed behavior (e.g., defensive flights and
vocalizations, standing up from a brooding position, and/or flying away
from the nest).
If buffer establishment is not possible, the qualified biologist or
construction foreman shall have the authority to cease all construction
work in the area until the young have fledged and the nest is no longer
active. This measure shall be implemented by the developer prior to start
of construction activities.
GEO-1 The developer shall prepare an erosion control plan that details
appropriate methods to prevent and/or minimize erosion. The erosion
control plan is subject to the review and approval of the City of Gilroy
Public Works Department prior to the issuance of a grading permit.
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 17 of 55
GEO-2 Prior to issuance of a grading permit, the developer shall
implement the recommendations outlined in the geotechnical report
prepared for the proposed project including, but not limited to:
Recompact the surface soils;
Fill material to be excavated and stockpiled so that the native soils can
be prepared properly, with inspection of the bottom of the excavation
by a qualified geotechnical engineer to verify no additional removal is
required; and
Replace the upper 30 inches of soil within slab-on-grade and exterior
flatwork areas with non-expansive fill to reduce the potential soil
movement.
GHG-1 The proposed project shall be designed to meet the following
performance standards:
a. With exception of the planned fast-food use, no permanent natural
gas infrastructure shall be permitted as part of the improvement plans
for any other individual project uses. These uses shall be all electric;
and
b. Electric vehicle infrastructure (e.g., electric vehicle parking spaces,
charging station infrastructure, chargers, etc.) consistent with
CALGreen Tier 2 mandatory standards in effect at the time individual
building permits are issued, shall be installed at each individual
proposed use.
GHG-2 The applicant shall:
a. Prepare a Greenhouse Gas (GHG) Reduction Plan which identifies
one or more GHG reduction actions that will be taken to reduce GHG
emissions from the proposed fast food use by a minimum of 28.9 MT
CO2e per year to offset emissions produced by using natural gas. The
GHG Reduction Plan shall prioritize on-site GHG reduction design
features.
In lieu of or in addition to one or more of the on -site measures above,
the applicant may make direct investments in off -site GHG reduction
activities/programs in the vicinity. Examples include building retrofit
programs that pay for cool roofs, solar panels, solar water heaters,
smart meters, energy efficient lighting energy efficient windows, and
insulation. Other examples include financing programs for installing
electric vehicle charging stations, electrifying school buses, or planting
local urban forests.
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 18 of 55
The applicant may retain a qualified air quality / GHG professional to
quantify the GHG reductions from implementing the Reduction Plan
using substantial evidence to be included in the Reduction Plan.
If the applicant elects to quantify the GHG emissions reductions from
on-site measures and/or investments in off-site reduction programs
and the reductions are less than insufficient to reduce project
emissions by a minimum of 28.9 MT CO2e per year, the applicant may
secure the reduction balance by purchasing and retiring carbon offset
credits. The carbon offset credits shall meet the following standards:
Carbon offset credits shall be issued by a recognized, reputable
and accredited registry that mandates the use of established
protocols for quantifying and issuing the offset credits. Credits
issued based on protocols approved by the California Air
Resources Board should be prioritized. Examples of such
registries include the Climate Action Reserve, American Carbon
Registry, and Vierra.
The carbon offset credits should be generated from projects
developed in the United States. Credits from projects developed
internationally should not be used unless the applicant
demonstrates with substantial evidence that sufficient carbon
offsets from projects in the United States are unavailable.
International offsets must be quantified and issued using
established protocols that are recognized in the United States and
that are issued by recognized, reputable and accredited registries.
All carbon offset credits purchased to reduce GHG emissions,
must meet the criteria of being real, quantifiable, permanent,
verifiable, enforceable, and additional, consistent with the
standards set forth in Health and Safety Code section 38562,
subdivisions (d)(1) and (d)(2).
Prior to the City issuing a building permit for the fast food use, the
applicant shall submit the GHG Reduction Plan for review and approval
of the City of Gilroy. If carbon offsets are proposed, prior to approval of
a building permit, the applicant shall provide an executed contract or
other certification to the City Planner that the requisite volume carbon
offset credits have been purchased.
b. The planned fast food use shall include all electricity pre -wiring
necessary so that the building is ready for a future retrofit to all-electric
supply infrastructure sufficient to replace natural gas use in the future.
Prior to issuing a building permit for the fast food use, the City shall
verify that project improvement plans meet the pre-wiring requirement.
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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HYDRO-1 All stormwater on the project site must be treated aboveground in
an approved low-impact development treatment device prior to entering
stormwater chambers. The proposed project must show proof of
compliance with this requirement on the project plans prior to issuance
of a grading permit with approval by the City of Gilroy Public Works
Department.
HYDRO-2 The project proponent shall prepare and submit Erosion Control
Plans to the City of Gilroy Public Works Department prior to the issuance
of a grading permit. The Erosion Control Plans shall illustrate how the
project’s grading phases would prevent or minimize erosion and siltation
on- and off-site, such as the inclusion of Best Management Practices.
HYDRO-3 The project proponent shall prepare and submit a Storm Water
Pollution Prevention Plan for review and approval by the City of Gilroy
Public Works Department prior to issuance of a grading permit. The
Storm Water Pollution Prevention Plan shall identify construction and
post-construction Best Management Practices to prevent water pollution
at the source.
N-1 Prior to issuance of a building permit for the two proposed hotels, the
building plans shall include air conditioning or mechanical ventilation,
subject to review and approval by the building department.
BUILDING DIVISION CONDITIONS OF APPROVAL
46. Conditions of Approval: All conditions of approval shall be included on the first
sheet after the cover sheet of the construction drawing submitted for a building
permit.
47. Pre-Construction Meeting: A pre-construction meeting shall be held at a time and
location agreed upon by the City and applicant for the purpose of reviewing
conditions of approval, pre-occupancy requirements / temporary certificate of
occupancy and construction-site procedures. This meeting shall be held prior to the
issuance of any permit issued by the Building Division. The applicant shall be
represented by his design and construction staff, which includes any sub -
contractors. Departments having conditions of approval for the project will represent
the City.
48. Construction Management Plan: The project developer shall provide a
Construction Management Plan (CMP). The CMP shall be submitted to as part of
the building permit and/or Grading Permit and shall be incorporated into the plans
for review and approval by the Building Official before issuance of a building permit.
This plan shall be a binding document. Failure to adhere to the plan may result in a
Stop Work Notice" being placed on the project. This plan shall be updated as project
conditions warrant. The construction plan shall be designed to minimize the loss of
public parking spaces and, if any need to be lost, to minimize the length of the time
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 20 of 55
they are used for construction-related activities.
The CMP shall include but not be limited to the proposed location of materials and
equipment storage, scaffolding, safety measures to protect the public from
construction activities, temporary fencing, construction trailers, parking of
construction vehicles, location of portable toilets, etc. Work schedule (start of
construction date, road or lane closure intent/dates, important milestones and
proposed final dates). It shall include the hours of construction, the construction
waste Management plan, show the location of all staging/storage types, the travel
routes and tum-around locations, any road and/or lane closures and a phasing plan.
49. Temporary Fencing: Temporary fencing along the perimeter of a building site,
during construction is required to ensure security, public safety, and/or noise/dust
mitigation. “Temporary” shall mean the placement of fencing in a ma nner that is not
permanently attached to the ground, or attached to any other structure or material
that is itself permanently attached to the ground. Temporary construction fences
consisting of chain-link or plywood, no more that 6-feet in height above the ground
and shall not require any permits or special authorization.
Unless letters of permission from adjacent property owners or a City encroachment
permit have been obtained, temporary construction fencing shall be placed only on
the property that contains the subject construction project. All temporary
construction fencing shall be thoroughly removed from the project site upon
completion of construction. Temporary construction fences proposed in excess of 6-
feet in height will require review and permitting by the Building Division (discretionary
review is not required for temporary fences).
50. Job Site Signage: Prior to construction, A 24 inch by 36 inch weatherproof sign shall
be located so it is clearly readable from the public right -of-way and shall include the
following information:
a. Address of the project site.
b. Permitted hours of construction and of deliveries/off-haul.
c. Name, e-mail address and direct phone number of the General Contractor.
d. Name, e-mail address and direct phone number of the person responsible
for managing the project.
e. Name and phone number of person to call in case of an emergency.
f. Code Enforcement complaint telephone number (408-846-0264).
51. Construction Activities: The following provision to control traffic congestion, noise,
and dust shall be followed during site excavation, grading and construction: Unless
otherwise provided for in a validly issued permit or approval, construction activities
shall be limited between the hours of 7 AM and 7 PM Monday through Friday and 9
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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AM to 7 PM on Saturday.
52. Final Grading and Drainage Plan: At the time of building permit plan submittal, the
project developer shall submit a final grading and drainage plan prepared by a
licensed civil engineer depicting all final grades (with accurate elevations above sea
level indicated) and on-site drainage control measures to prevent storm water runoff
onto adjoining properties.
53. Pad Elevation Certification: The applicant and/or developer shall submit a pad
elevation certification letter prepared by a licensed land surveyor or registered civil
engineer to the Building Official certifying that the pad elevation(s) and building
location (setbacks) are pursuant to the approved plans, prior to receiving a
foundation inspection for the structure.
54. Site Survey: The applicant shall provide a site survey of entire parcel stamped and
signed by a Land Surveyor licensed by the State of California. The survey shall
include, but not be limited to, the following: location and dimensions of property line,
location of streets and easements, existing buildings, topographic contour lines,
trees/landscape, miscellaneous structures, etc.
55. Permit Card: The stamped, approved, job copy of the plans and permit card shall
be located onsite at all times.
56. Title 24:The building(s) covered by this approval shall be designed and constructed
to the Title 24 Building Standards, including Building, Electrical, Mechanical,
Plumbing, Energy, Fire, Green Building and both State and Federal accessibility
requirements in effect and as amended by the City of Gilroy at the time of building
permit submittal.
57. Green Building Standards: The building shall be designed to include the green
building measures specified as mandatory in the application checklists contained in
the California Green Building Standards Code. The applicant shall incorporate the
checklist along with a notation on the checklist to specify where the information can
be located on the plans, details, or specifications, etc. All measures will be verified
by the Building Inspector at final inspection.
58. Geotechnical Report: The applicant shall provide a stamped, signed, and dated soil
investigation report containing design recommendations to the Building Official. The
classification shall be based on observation and any necessary tests of materials
disclosed by boring or excavations made in appropriate locations. Additional studies
may be necessary to evaluate soil strength, the effect of moisture variation on soil-
bearing capacity, compressibility, liquefaction, seismically induced soil liquefaction,
soil instability, and expansiveness. Additionally, the applicant shall submit a
stamped, signed, and dated letter from the Geotechnical Engineer or Civil Engineer
who prepared the soil investigation stating the following:
a. The plans and specifications substantially conform to the recommendations
in the soil investigation.
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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b. The Geotechnical Engineer or Civil Engineer who prepared the soil
investigation has been retained to provide soil site observation and provide
periodic and final reports to the City of Gilroy.
Prior to final inspection for any building or structure, the Geotechnical Engineer or
Civil Engineer who prepared the soil investigation shall issue a final report stating
the completed pad, foundation, finish grading and associated site work substantially
conform to the approved plans, specifications and investigations.
59. Stormwater Pollution Prevention Plan: The project developer shall submit a
Stormwater Pollution Prevention Plan (SWPPP) to the City Engineer/Building Official
for review and approval prior to the issuance of a grading or building permit,
whichever is sooner. A copy of the approved SWPPP, including all approved
amendments, shall be available at the project site for City review until all engineering
and building work is complete and City permits have been finaled. A site specific
SWPPP must be combined with proper and timely installation of the Best
Management Practices (BMPs), thorough and frequent inspections, maintenance,
and documentations. SWPPP for projects shall be kept up to date with the projects’
progress. Failure to comply with the most updated construction SWPPP may result
in the issuance of correction notices, citations, and/ or stop work orders. The project
developer is responsible for implementing the following BMPs. These, as well as any
other applicable measures, shall be included in the SWPPP and implemented as
approved by the City.
a. The project developer shall include erosion control/stormwater
quality measures on the project grading plan which shall specifically
address measures to prevent soil, dirt, and debris from entering the
public storm drain system. Such measures may include, but are not
limited to, hydroseeding, hay bales, sandbags, and siltation fences
and shall be subject to the review and approval of the City
Engineer/Building Official. If no grading plan is required, necessary
erosion control/stormwater quality measures shall be shown on the
site plan submitted for a building permit, and shall be subject to the
review and approval of the Building Division. The project developer
is responsible for ensuring that the contractor is aware of and
implements such measures.
b. All cut and fill slopes shall be revegetated and stabilized after completion
of grading, but in no case later than October 15. Hydroseeding shall be
accomplished before September 15 and irrigated with a temporary irrigation
system to ensure that the vegetated areas are established before October
15. No grading shall occur between October 15 and May 1 unless approved
erosion control/stormwater quality measures are in place, subject to the
approval of City Engineer/Building Official. Such measures shall be
maintained until such time as permanent landscaping is in place.
c. Gather all sorted construction debris on a regular basis and place in the
appropriate container for recycling; to be emptied at least on a weekly
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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basis. When appropriate, use tarps on the ground to collect fallen debris or
splatters that could contribute to stormwater runoff pollution.
d. Remove all dirt, gravel, rubbish, refuse, and green waste from the street
pavement and storm drains adjoining the site. Limit construction access
routes onto the site and place gravel on them. Do not drive vehicles and
equipment off paved or graveled areas during wet weather. Broom sweep
the street pavement adjoining the project site on a daily basis. Scrape
caked on mud and dirt from these areas before sweeping.
e. Install filter materials (such as sandbags, filter fabric, etc.) at the storm drain
inlet nearest the downstream side of the project site in order to retain any
debris or dirt flowing in the storm drain system. Maintain and/or replace
filter materials to ensure effectiveness and to prevent street flooding.
f. Never clean machinery, equipment, tools, brushes, or rinse containers into
a street, gutter, or storm drain.
g. Ensure that concrete/gunite supply trucks or concrete/plaster operations do
not discharge wash water into a street, gutter, or storm drain.
h. Concrete wash area: 1) locate wash out area away from storm drains and
open ditches; 2) construct a temporary pit large enough to store the liquid
and solid waste; 3) clean the pit by allowing concrete to set; 4) break up the
concrete; and then 5) recycle or dispose of properly.
60. 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.
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. Construction Site Maintenance: All portions of the job site shall be maintained in
an organized and professional condition. All trash, debris, construction scraps and
broken/deteriorated machinery shall be removed from the site at the end of each
week. If off loaded construction materials are not used within 2 weeks, they shall be
screened from view. All sidewalks, driveways and public/private roadways fronting
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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the subject site shall be broom cleaned at the end of each business day.
64. Demolition Permit: Demolition permit(s) shall be issued in accordance with Section
6.1 of the Gilroy City Code. Safeguards during construction shall be provided in
accordance with Chapter 33 of the California Building Code.
65. Plan Modifications: Acceptance of the plans does not release the developer from
correction of mistakes, errors, or omissions contained therein. If, during the course
of construction, the public interest requires a modification or a departure from these
accepted plans, the City shall have the authority to require such modifications and
shall specify the manner in which the same is to be made.
66. BICYCLE PARKING: Short-term bicycle parking. Provide surface mounted
bicycle racks within 200 feet of the visitor’s entrance, for 5 percent of new visitor
parking spaces added, with a minimum of one two -bike capacity inverted U-rack.
Long-term bicycle parking. Provide secure bicycle parking for 5 percent of the
tenant-occupant parking spaces with a minimum of one bicycle parking facility.
Long-term bicycle parking for hotel buildings. Provide one on-site bicycle parking
space for every 25 rooms (for employees and guests). Parking facilities shall be
conveniently reached from the street.
FIRE PREVENTION CONDITIONS OF APPROVAL
67. Request a fire hydrant flow test by contacting Jonathan Crick at
Jonathan.crick@cityofgilroy.org. The fee for the fire hydrant flow test is $300.00.
68. All buildings are to be equipped with modern fire protection system. The restaurant
will be required to have a commercial fire sprinkler system (e.g. current edition of
NFPA 13).
69. All fire protection systems (e.g. fire underground water supply, overhead fire sprinkler
system, fire alarm, etc.) require deferred (i.e. separate) permits. The fire underground
water supply system shall be designed to meet the requirements of the current
edition of NFPA 24 and City standards. The building shall be equipped with an NFPA
13 fire sprinkler system designed for the highest expected hazard/commodity
classification. The fire sprinkler system and all valves shall be monitored by a fire
alarm system.
70. Show fire hydrant locations in plans. Private fire hydrants shall be positioned such
that fire hydrant(s) are not more than 150 feet from the most remote portion of the
building or hazard.
71. Using Autoturn vehicle pathway tracking software, show the pathway of a fire truck
navigating into, through, and out of the property. Center dividing islands will need to
be removed so that the fire apparatus may take a left hand turn into the development
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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to access all buildings.
72. The fuel station underground storage tanks shall be designed and installed to meet
current California codes, laws, and regulations.
73. All car washes and food facilities shall be equipped with the appropriately sized
pretreatment devices/equipment (e.g. grease interceptors for food facilities, and
clarifiers for car washes). Contact Isaias Lona at Isaias.lona@cityofgilroy.org for
details.
74. The trash enclosures shall be equipped with a Vandal -proof floor drain and a 40
pound grease interceptor draining to the sanitary sewer system.
75. Operational permits will be issued by the Fire Prevention program.
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 ENCROACHMENT PERMIT, 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.
76. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At first
improvement plan submittal, the applicant shall submit a $10,000.00 (Ten thousand dollar)
initial deposit for project plan check and construction inspection. This deposit will be
credited/accounted toward final plan check and inspection fee for the project. In addition,
the applicant shall submit a detailed project cost estimate prepared by the project
engineer, to approval of the City Engineer, with the initial project plan submittal. The cost
estimate shall be broken out into on-site and off-site improvements. Prior to plan approval,
the applicant shall pay 100% of the plan check and inspection fee based on the approved
project cost estimate. Public Works will not sign-off on the issuance of the first City permit
without full payment of this plan check and inspection fee. (PUBLIC WORKS).
77. PROJECT PHASING: The first phase of this development (Phase I) by the Master
Developer shall make full frontage improvements along the full project boundary (Camino
Arroyo, Holloway, & Highway 152) including pavement work, driveways, curb ramps, curb
gutter, 6’ minimum commercial sidewalk, on-site stormwater facilities, street trees,
signage, striping, utilities to service all lots, undergrounding utilities, intersections, signals,
lighting, etc. per City Standards, Specs, and Guidelines. Phase I work shall also include
all improvements identified in the traffic study/traffic analysis. At first improvement plan
submittal, include a detailed Phasing plan to include all offsite improvements as well as all
improvements identified in the traffic study/traffic analysis. Also as part of your first
submittal, include all necessary review documents for the proposed Parcel Map/Final Map.
78. PLAN SUBMITTAL: The proposed development Improvement Plans shall be submitted,
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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in full, per the City of Gilroy Public Works Department Submittal Checklist. Off -site and
On-Site improvements shall be reviewed and approved by Public Works Engineering prior
to first building permit submittal. Subsequent phase building permit issuance will not be
allowed until the master developer has completed all Phase I work by the master
developer. 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 City Code and Standard Specifications and Details, and are subject
to all laws of the City of Gilroy by reference. The improvement plans shall include all civil
project plans including, but not limited to, site plans, grading plans, utility plans, joint
trench, off-site plans, lighting (photometric) plans, and landscaping plans within the public
right-of-way. The plan shall clearly identify both public and private utilities. The
improvement plans shall be submitted with the Public Works Engineering submittal
checklist provided by the City, and available on the City website.
In addition:
a. A complete set of improvement plans shall consist of Civil site design, landscape
site design, Electrical, Joint Trench, etc. Any walls or structural features part of the
landscape design shall also be included;
b. Improvement plans are required for both on-site and off-site improvements. A
separate plan set for each shall be prepared, or at the approval of the City Engineer,
onsite and offsite sheets can be combined into one plan set;
c. The improvement plan submittal, including utility sheets, shall show appropriate line
types and labels to identify different type of utilities pipe material types, and pipe
sizes. Utility boxes, hydrants, backflow preventers, etc. shall be relocated/installed
behind the back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved Conditions
of Approval;
e. Improvement plans shall include General Notes found in the City of Gilroy General
Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering submittal
checklist, which can be found in the City’s website. At first submittal, a completed
checklist shall be included in the submittal package, and shall show which items
have been included.
g. The improvement plan cover sheet shall include a table summarizing all facilities
Streets, Utilities, Parks, Landscaping, etc.), showing the ownership of all facilities,
access rights to, and the maintenance responsibilities of all facilities;
h. Improvement and grading plans shall show existing topo and features at least 50’
beyond the project boundary. The plan shall clearly show existing topo, label
contour elevations, drainage patterns, flow lines, slopes, and all other property
encumbrances;
i. If the project has excess fill or cut that will be off-hauled to a site or on-hauled from
a site within the city limits of Gilroy, an additional Haul Permit is required. A
statement indicating the need to obtain a Haul Permit must be added as a general
note to the Grading and Drainage Plan;
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 27 of 55
j. All grading and improvement plans shall identify the vertical elevation datum, date
of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An existing
site plan shall be submitted showing all existing site conditions and title report
easements. The plan shall include bearing and distance information for all right-of-
way and easements;
l. The plan shall show any proposed easements to be dedicated for any needed
purpose, or any easement expected to be abandoned through separate instrument.
This includes PUE, PSE, EVAE, Cross-Property Access Easement, Landscape
Easement, Drainage Easement, Pole Line Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts between disciplines,
the applicant shall provide a “composite exhibit” showing Civil, Landscape,
Electrical, and Joint Trench design information (as a separate sheet titled
Composite Plan”) to confirm that there are no conflicts;
n. All Solid Waste Vehicle circulation movements shall be modeled and shown on a
separate plan sheet. The circulation plan shall be prepared to the City Engineer’s
satisfaction, and modeled using AutoTurn swept analysis software, and shall
include all turning and street circulation movements;
o. All Emergency Vehicle circulation movements shall be modeled and shown on a
separate plan sheet. The circulation plan shall be prepared to the City Engineer’s
satisfaction, and modeled using AutoTurn swept analysis software, and shall
include all turning and street circulation movements;
p. All utility boxes, including sanitary sewer and/or water meter boxes, shall have
traffic-rated boxes and lids;
q. All on-site recycled water system improvements, including appurtenances, shall be
located within a PSE. (PUBLIC WORKS)
79. TRAFFIC STUDY/TRANSPORTATION ANALYSIS: At first improvement plan submittal,
this project shall incorporate and include all design and improvements identified in the
Gilroy Square Development Transportation Analysis dated October 10, 2022, prepared by
Hexagon Transportation Consultants. The proposed development (including on -site,
offsite, and site plan changes) shall comply with all items identified in the Traffic
Study/Transportation Study and all improvements shall be complete as part of Phase 1 of
the Development. Improvements include, but are not limited to, roadway widening, adding
additional turn lanes, lengthening existing turn lanes, signalizing intersections, modifying
existing signalized intersects, etc.
80. CONDITIONS OF APPROVAL: As a stand-alone document, submit detailed responses
of how the development will comply with each Condition of Approval.
81. MASTER PLANS: Refer to the latest 2022 City Master Plans and check that the
development is in conformance with the Master Plans, City Standards, City Specifications,
City General Guidelines. The Developers engineer shall confirm in writing this project is
in conformance with Master Plans at first improvement plans submittal. If the project is not
in conformance with the Master Plans, the Developers engineer shall design and construct
all items to be in conformance with the Master Plans, City Standards, City Specifications,
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 28 of 55
City General Guidelines.
82. CITY WATER MASTER PLAN: The master plan identifies a 16” water line to be installed
in the areas surrounding the proposed development. Developer shall install 16” water lines
per the City Master Plan as part of Phase 1 of the Development.
83. UTILITY PLANS: A utility plan shall be provided for all projects as specified within these
conditions of approval. To ensure coordination between the applicant and the relevant
utility company:
a. The applicant shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and cables
including the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction structures as
a part of the Improvement Plan submittals for the project. Show preferred and
alternative locations for all utility vaults and boxes if project has not obtained PG&E
approval. A licensed Civil or Electrical Engineer shall sign the composite drawings
and/or utility improvement plans. (All dry utilities shall be placed underground).
b. The applicant shall negotiate any necessary right -of-way or easement with PG&E,
or any other utilities, subject to the review and approval by the Engineering Division
and the utility companies.
c. A “Will Serve Letter” shall be provided for each utility company expected to service
the subdivision. Early coordination with the utility companies is necessary to obtain
this letter. Coordination of City utilities shall be through the Engineering Division.
d. A note shall be placed on the joint trench composite plans which states that the plan
agrees with City Codes and Standards and that no underground utility conflict exists.
PUBLIC WORKS)
84. JOINT TRENCH: All utility services to the site shall be underground. Joint Trench design
shall show the location of the joint trench including all boxes located outside of the roadway
pavement section. Show the proposed joint trench location and ensure the plans reflect
limits of trenching locations. Joint trench utility boxes shall be located behind the sidewalk
and there shall be a minimum of 3’ clearance from the back of walk to the face of utility
box. (PUBLIC WORKS)
85. JOINT TRENCH: Underground existing overhead utilities per City Code. Undergrounding
existing utilities shall occur along the entire project frontage, boundaries, and project
intersections. Overhead utilities shall be underground at all offsite improvement locations
where conflicts with the required traffic improvements are encountered. (PUBLIC
WORKS)
86. UTILITY RESPONSIBILITIES: Water, Storm, and sewer utilities in private areas shall be
privately owned and privately maintained. 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 at first improvement plans submittal. The table shall
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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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)
87. 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 first improvement
plan submittal, a letter from the design Electrical or Civi l 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)
88. 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)
89. PUBLIC RIGHT-OF-WAY: Show and label all existing and proposed Right -of-Way on all
plans. This includes all Right-of-Way dedications required because of the improvements
identified in the project Traffic Study. No permanent private structures are permitted within
the City right-of-way.
90. RIGHT OF WAY DEDICATION GRANT DEED: Identify all Right of Way acquisitions that
are required to make all the improvements identified in the traffic study. The developer
shall secure all Right of Way Acquisitions needed from other private landowners for the
developer to construct all improvements per the Traffic Study. All Right of Way
Acquisitions shall be secured prior to the first improvement plan submittal.
91. PUBLIC EASEMENTS: Private permanent facilities such as, structures, canopies, signs,
utilities, fences, walls, stormwater treatment facilities, etc. are not allowed within public
right of way or easement. Show and label all existing and proposed Easements on all
plans. This includes all easement dedications required because of the improvements
identified in the project Traffic Study. Easement widths shall be per City standard.
92. PUBLIC EASEMENT DEDICATION GRANT DEED: Identify all Public Easement
acquisitions that are required to make all the improvements identified in the traffic study.
The developer shall secure all Public Easement Acquisitions needed from private
landowners for the developer to construct all improvements per the Traffic Study. All
Easement Acquisitions shall be secured prior to the first improvement plan submittal.
93. PUBLIC EASEMENT CROSS SLOPE: Cross slopes behind the back of curb to the back
of the public easement shall be 1.5% cross slope per City standards.
94. WATER QUALITY: Project design shall comply with the Stormwater Management
Guidance Manual for Low Impact Development & Post-Construction Requirements. The
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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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
first improvement plan submittal and building permit submittals. The manual can be found
at the following site: www.cityofgilroy.org/261/Storm-Water-Management
PUBLIC WORKS)
95. 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)
96. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all construction
activities in accordance with Gilroy City 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 construction plan sets permitted for construction in the City
of Gilroy. (PUBLIC WORKS)
97. TRASH CAPTURE DEVICES: Project shall include a trash capture device at all locations
prior to discharge into the public Storm Drain system (Example: CDS units). At first
improvement plans submittal, show trash capture devices for all storm drain systems.
98. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire Hydrant
flow test to confirm the water system will adequately serve the development, and will
modify any part of the systems that does not perform to the standards established by the
City. Applicant shall coordinate with Fire Department for the Fire Hydrant flow test. T he
flow test results shall be submitted at first improvement plan submittal. (PUBLIC WORKS)
99. 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)
100. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water,
sewer, storm drain, and traffic studies for the development deemed appropriate by the City
Engineer. These studies shall provide the supporting hydraulic calculation for pipe sizing
per the City Standard Design Guidelines. The study shall be reviewed and approved by
Engineering. If the results of the study indicate that this development contributes to the
over-capacity of the trunk line, the applicant will be required to mitigate the impact by
removing and replacing, or upsizing of the existing utilities to accommodate the
appropriate level of project flows to the approval of the City Engineer. The improvements
shall be addressed on the construction drawings, to the approval of the City Engineer,
prior to the issuance of the first City permit. (PUBLIC WORKS)
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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101. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees. The City’s latest impact fee
schedule is available on the City’s website. Payment of all Impact Fees is required at first
building permit issuance. Fees shall be based on the current fee schedule in effect at the
time of fee payment, consistent with and in accordance with City policy. Note that impact
fees increase at the beginning of each fiscal year, July 1. Specific fee language is provided
further in these conditions of approval. (PUBLIC WORKS)
102. 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 Central Coast Regional Water Quality Control Board (CRWQCB) and the
City’s Stormwater Management Guidance Manual for Low Impact Development & Post
Construction Requirements (latest edition). Existing off -site drainage patterns, i.e.,
tributary areas, drainage amount, and velocity shall not be altered by the development.
Sizing tools for structural control measures for runoff retention can be found at
https://countyofsb.org/pwd/sbpcw/development/new-and-redevelopment.sbc . Provide
infiltration rates using a safety factor of 2 as part of your first improvement plan submittal.
The plan shall be to the approval of the City Engineer and shall be approved prior to the
issuance of the first City permit. (PUBLIC WORKS)
103. 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.
A report template can be found at the Central Coast Regional Board website (MS Word):
https://www.waterboards.ca.gov/centralcoast/water_issues/programs/stormwater/
Docs/lid/lid_hydromod_charette_index.html
All new and disturbed areas (on-site and off-site) shall be accounted for and part of the
stormwater management design calculations. The report shall also include exhibits,
tables, calculations, and all technical information supporting facts, including but not limited
to, exhibit of the proposed site conditions, which clearly delineates impervious and
pervious areas on site. The plan shall provide a separate hatch or shading for
landscaping/pervious areas on-site including those areas that are not bio-retention areas.
This stormwater control plan report format does not replace, or is not in -lieu of any
stormwater control plan sheet in the improvement plans. The stormwater control plan shall
include a signed Performance Requirement Certifications specified in the Stormwater
Guidance Manual. At applicant’s sole expense, the stormwater control plan shall be
submitted for review by an 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 City permit. (PUBLIC WORKS)
104. 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
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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construction to verify existing conditions. Said repairs shall be completed prior to the first
occupancy of the project. (PUBLIC WORKS)
105. ROADWAY AND INTERSECTION GEOMETRICS, ALIGNMENTS, PROFILES, &
SIGNALS: This project will be required to design and construct roadways and
intersections as part of the development. Roadway geometrics, alignments, profiles, etc.
are typical plan sheets when designing roadways. At first improvement plan submittal,
include roadway and intersection drawings for geometrics, alignments, profiles, signals,
etc. You may refer to Caltrans standards and plan preparation man ual for examples. All
geometric design of road segments and intersections shall conform to AASHTO and
Caltrans standards.
106. LANE ALIGNMENT: At first improvement plans submittal, the developer is responsible
for showing on the plans lane striping at intersections fronting the project and intersections
identified in the traffic study. All intersections shall have lanes align from one side of the
intersection to the far side of the intersection. Lane lines shall align with no offset through
the intersection.
107. CAMINO ARROYO / GILROY CROSSING INTERSECTION: At first improvement plan
submittal, provide drawings for updating the existing signalized intersection. The current
striping exiting the existing development is a double left and a single a right. Vehicles
leaving the existing Gilroy Crossing shopping center will require a through lane heading
East into the proposed development.
108. TRUCK TURNS: At first improvement plan submittal, provide Truck Turn exhibits. The
provided planning level documents showed trucks going into oncoming traffic which is not
allowed. Trucks entering and leaving the proposed development and crossing lanes of
traffic is not allowed. Truck turning templates shall clearly show trucks entering the
proposed development while staying within the travel lane closest to the development and
not having to use additional lanes.
All frontage roads, frontage intersections, project entrances/exits, intersections identified
in the traffic study, roadways identified in the traffic study, and on -site shall be modeled
using autoturn for appropriate large truck turning movements, CA legal 67’ trucks and City
of Gilroy Fire Trucks. All truck movements shall not conflict with opposing lanes. All
intersection lane widths shall be dictated by truck movements. Show all possible truck
turning movements at all intersections at appropriate scales.
109. SIGHT DISTANCE: At first improvement plan submittal, provide sight distance plans that
clearly show standard sight distance will be provided and no items obstruct sight distance
for driveways, roadways, intersections, etc. Please note that private signs, fences, walls,
buildings, landscape features, above ground utilities, guardrail, barriers, railing, art, etc.
will not be allowed within sight distance triangles. Provide all Sight Distance plans per
Caltrans, AASHTO, and NCHRP Requirements for all project frontage access points,
driveways, roadways, and offsite mitigation measure locations. These calculations shall
be done as part of the first improvement plan submittal because it is important to ensure
the development meets sight distance standards and all roadways, intersections,
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 33 of 55
driveways, and access points to these facilities are safe for motorists and pedestrians.
Sight distance plans shall approved by the City Enginee r prior to first permit issuance.
PUBLIC WORKS)
110. DRIVEWAYS: The transportation analysis/traffic study identifies proposed Driveway 1
driveway nearest HWY 152) conflicting with the widening improvements required to
improve the Camino Arroyo left and right turn lane. Multiple turn lanes along Camino
Arroyo have been identified as deficient and shall be improved per the Traffic Study. There
is also a VTA bus stop in this area that requires improvements to the latest VTA standards.
All project driveways shall not be detrimental to abutting streets capacities, safety, and/or
efficiency. All project driveways shall not be located within the functional area of an
intersection or in the influence area of an adjacent driveway. All Project driveways shall
not conflict with intersections, bus stops, turn lanes, bike lanes, surrounding business
access, etc. Tenants and customers will still be able to access the development from the
signalized intersection at Camino Arroyo/Gilroy Crossing Shopping Center. Proposed
driveway 1 will not be allowed per the above mentioned items. At first improvement plan
submittal, include fully designed intersections and frontage improvements per the project
Transportation Analysis including all appropriate geometry, signal equipment, turn lanes,
bay tapers, through lanes, bike lanes, etc. per Caltrans, AASHTO, NCHRP, & City
Standards.
111. DRIVEWAY DESIGN: Driveway grades shall be designed to keep a standard design
vehicle from dragging or “bottoming out” on the street or driveway, and to keep water
collected in the street from flowing onto the lots. The details of such design shall be
provided on the site civil improvement plans at first improvement plan submittal to the
satisfaction of the City Engineer. (PUBLIC WORKS)
112. SIGNING AND STRIPING: At first improvement plans submittal, the developer is
responsible for including signing and striping plans for all areas along the project frontage,
all offsite areas identified in the traffic study, and all on -site areas. Signing and striping
shall be designed to Caltrans and CAMUTCD standards. All signing and striping plans
need to be designed to account for truck turn exhibits. Installation of all signing and striping
shall be done as part of Phase 1 of the project. (PUBLIC WORKS)
113. NO STOPPING ANY TIME SIGNS: “No Stopping Any Time” signs shall be placed along
the entire project frontage. Spacing of the signs should be approximately 75’-100’.
114. GRADING & DRAINAGE: Adjust grade breaks and/or field inlets to capture and direct all
stormwater into the stormwater treatment areas prior to entering the public right of way
and storm drain facilities. On-site stormwater facilities need to be sized to account for off-
site impervious improvement areas. (PUBLIC WORKS)
115. GRADING & DRAINAGE: All grading activity shall address National Pollutant Discharge
Elimination System (NPDES) concerns. There shall be no earthwork disturbance or
grading activities between September 15th and April 15th unless otherwise approved by
the City Engineer. If approved, the applicant shall submit a Winterization Erosion Control
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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Plan to the City Engineer for review and approval. This plan shall incorporate erosion
control devices and other techniques in accordance with Gilroy City 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)
116. PUBLIC FIRE HYDRANTS: Fire Hydrant spacing along the project frontage is not per City
Standards, Specs, or Guidelines. At first improvement plan submittal, the developer is
responsible for showing on the plans the installation of fire hydrants spaced along project
frontage per City standards, specs, and guidelines. Installation of the fire hydrants
including concrete pads shall be done as part of Phase 1 of the project.
117. PAVEMENT SECTION: At first improvement plan submittal, show pavement sections for
all roadways, roadway widening, and drive isles per the Geotechnical Engineering
recommendations. Pavement section shall consist of a minimum 6” AC per City standard.
Lime treatment is not allowed within public right of way or easements.
118. GEOTECHNICAL ENGINEER: Prior to first 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 Plan. (PUBLIC
WORKS)
119. FINISH FLOOR ELEVATION: Site design, including building finished floor elevations,
shall comply with the 1995 Uvas Creek Overflow Floodplain Delineation Project prepared
by Schaaf & Wheeler Consulting Civil Engineers. The project will be required to have a
hydrologist review the project grading, to confirm this project does not have cumulative
impacts to floodwaters. The City will require a review letter by Schaaf & Wheeler (Contact
Caitlin Gilmore at 415-823-4964, Schaaf & Wheeler) be submitted to the approval of the
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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City Engineer prior to the issuance of the building permit. (PUBLIC WORKS)
120. ENCROACHMENT PERMIT REQUIREMENTS AND INSURANCE: The applicant must
obtain an encroachment permit prior to the first building permit submittal and prior to any
work being done in the City's right-of-way.
Refer to the following link for encroachment permit requirements:
https://www.cityofgilroy.org/244/Encroachment-and-Transportation-Permits
Submit the encroachment permit at first improvement plan submittal to
Weston.hill@cityofgilroy.org
The applicant shall have off -site improvement plans prepared for all work in the public
right-of-way by a licensed civil engineer, whose signed engineer’s stamp shall appear on
the plans. All design assumptions and criteria shall be submitted with each submittal.
Final construction plans shall be approved by the City Engineer, and released for
construction, with the issuance of the encroachment permit. Right -of-way improvements
shall include, but not limited to, the following items: (PUBLIC WORKS)
a. STREET WIDENING: The applicant shall widen all streets and intersections
identified in the Traffic Study. The applicant shall install new street section, curb,
gutter, and sidewalk and relocate affected utilities as directed by the City Engineer.
All work shall be shown on the required improvement plans.
b. STREET TREES: The applicant shall plant street trees along the project frontage
to match the City of Gilroy’s Street Tree Plan in effect at the time of construction.
The street tree plans shall be per City Standard Drawings and will include City
Standard tree grates. Trees shall be placed between the curb and sidewalk along
Camino Arroyo. Trees shall be placed behind the back of sidewalk along Holloway
Rd because sidewalk along Holloway will be monolithic per City Standard.
c. FRONTAGE LANDSCAPING: The landscaping area between the Camino Arroyo
back of curb and the sidewalk shall be a minimum of 4.5’ wide per City Standard.
The landscaping area for street trees along Holloway shall be a minimum of 4.5’.
Coordinate with the planning department for additional landscaping requirements
fronting the project within private property.
d. TREE GRATES: The applicant shall install City Standard Tree Grates as specified
in the approved plans. Tree grates shall be 4’x6’, model OT-T24 by Urban
Accessories, and shall be black power coated. The tree grates shall be shown on
the improvement plans to be located to the approval of the City Engineer, and shall
be installed with the street trees as part of Phase 1.
e. STREET MARKINGS: The applicant shall install necessary street markings of a
material and design approved by the City Engineer, and replace any that are
damaged during construction. These include but are not limited to all pavement
markings, painted curbs and handicap markings. All permanent pavement
markings shall be thermoplastic and comply with Caltrans Standards. Color and
location of painted curbs shall be shown on the plans, and are subject to approval
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 36 of 55
by the City Engineer. Any existing painted curb or pavement markings no longer
required shall be removed by grinding if thermoplastic, or sand blasting if in paint.
f. SIGNAGE: The applicant shall install all necessary temporary and permanent
street signs of a material and design approved by the City Engineer, and replace
any that are damaged during construction. All permanent signs shall comply with
CAMUTCH and Caltrans Standards. Any existing signs no longer required shall be
removed.
g. SIDEWALK: The applicant shall remove and replace to existing City standards all
damaged and non-City Standard sidewalk with a new 6-ft commercial sidewalk
surrounding the entire project site. The actual amount of sidewalk to be replaced
shall be identified in the improvement plans. Sidewalk replacement shall be
constructed per the City Standard Drawings. New 6-ft commercial sidewalk shall
be installed along the entire project frontage per City Standard Drawings.
h. CURB RAMP(S): The applicant shall construct all curb ramps in accordance with
the latest Caltrans standards. The actual ramp "Case" shall be identified on the
plans and shall be to the approval of the City Engineer. Dual curb ramps on the
northeast and southeast quadrant shall be installed at the existing signalized
intersection project entrance. Curb ramps along the project frontage and
intersections fronting the project are not currently being shown. Curb ramps at all
intersections along the project frontage, roadways, and intersections identifies in
the Traffic study shall be ADA compliant and be designed to latest Caltrans
Standards. If there are no curb ramps or existing curb ramps are not ADA
compliant, developer shall install ADA compliant curb ramps in all the above-
mentioned locations. Crosswalk paths and paths connecting curb ramps shall also
meet ADA and PROWAG standards. Any existing crosswalks and paths connecting
curb ramps that do not meet ADA and PROWAG standards shall be removed and
replaced to meet ADA and PROWAG standards.
i. CURB AND GUTTER: At first improvement plan submittal, show the removal and
replacement of any damaged and non -City Standard curb and gutter along the
project frontage, intersections along the project frontage, roadways identified in the
Traffic Study, and intersections identified in the Traffic Study. Removal and
replacement limits shall be from expansion joint to expansion joint per City
standard. Show the removal and replacement of curb and gutter for locations where
existing utilities need to be removed where they cross the curb and gutter. Also
show the removal and replacement of curb and gutter where new utilities will cross
the curb and gutter. The actual amount of curb and gutter to be replaced shall be
determined by the Public Works Construction Inspector and confirmed by the City
Engineer in the field prior to construction. New curb and gutter shall be constructed
per the City Standard Drawing STR-12.
j. VALLEY GUTTER: The applicant shall remove and replace to existing City
Standards any valley gutter that is damaged now or during construction of this
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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project. New valley gutter shall be constructed per the City Standard Drawing.
Doweling shall be provided to prevent vertical deflection into any abutting curb and
gutter sections. The actual limits of valley gutter repair shall be identified in the
plans at first improvement plans submittal.
k. DRIVEWAY APPROACH(ES): The applicant shall install City Standard
Commercial driveway approaches as shown on the approved plans. The new
commercial driveway approach shall be constructed per the City Standard Drawing.
l. DRIVEWAY TRANSITIONS: The applicant shall construct new driveway transitions
at the existing driveway approach along the project frontage per the City Standard
Drawing "Standard Commercial Driveway Approach."
m. SEWER LATERAL: The applicant shall install a sewer lateral and main line
connection to the sewer main located in Camino Arroyo. Connection to the City
main will be with a Manhole.
n. SANITARY SEWER MANHOLES: The applicant shall install standard sanitary
sewer manholes and test manholes, per approved plans and in accordance with
the City Standard Drawing.
o. STORM DRAIN MANHOLES: The applicant shall install standard storm drain
manholes, per approved plans and in accordance with the City Standard Drawing.
p. STORM WATER CATCH BASINS: The applicant shall install standard storm water
catch basins, in accordance with the City Standard Drawing.
q. STREET LIGHTS:
i. Cobra Head. The applicant shall provide and install standard aluminum
electrolier street light(s) per City Standard Drawing EL -1 to EL-5. The
applicant is responsible for all PG&E service fees and hook-up charges. Any
new service point connection required to power the new lights shall be shown
on the construction drawings along with the conduit, pull boxes and other
items necessary to install the street lights. An Isometric lighting level needs
to be provided by the designer/contractor. A separate light study may be
required by the City Engineer. The new street light shall has 32’ mounting
height per Standard Drawing EL-3, with mounting arm length per Standard
Drawing EL-4, the Fixture shall be Leotek GC1 or GC2 series in an approved
configuration per detail EL-2 or approved equal. The arm shall be installed at
the location as shown on the approved plans.
r. FIRE HYDRANTS: The applicant shall install new fire hydrants along the project
frontage. Spacing shall meet City and Fire Marshall requirements.
s. BUS STOPS: There are existing bus stops along the proposed project frontage that
need to be updated to the latest VTA standards. At first improvement plan submittal,
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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show updated bus stops. This project will require review and approval by VTA prior
to first permit issuance.
t. WATER SERVICES: Project will need to evaluate if surrounding domestic water
services can provide the new development water use demands (pressure and
volume). If existing services do not meet the water use demands, the developer
shall install new water lines and services.
121. POTHOLE REQUIREMENTS: The applicant is required to confirm the location of existing
utility lines along the project frontage by potholing. Prior to any potholing, applicant shall
submit a pothole plan for City review and approval. Applicant shall provide the pothole
result to the City Engineer prior to final design.
122. EASEMENTS: Show and label the locations of the existing and proposed Easements on
all plans. Identify what easements will be preserved or adjusted. This includes public
service easements, public utility easements, private storm drainage, private sanitary
sewer, private water, reciprocating ingress/egress easements between lots shown in this
Tentative Map, reciprocating ingress/egress easements with the proposed development
to the East, etc.
123. ACCESS TO EAST DEVELOPMENT: At first improvement plan submittal, show access
to the proposed development located on the East project boundary. Site plan shall be
designed with a wide enough drive isle to accommodate two -way traffic going to the
development East of the project boundary.
124. 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)
125. STREET CUT MORATORIUM: Camino Arroyo is part of the Street Cut Moratorium due
to the recently completed paving project. The project is proposing to make new pavement
cuts on the newly resurfaced Camino Arroyo. Also, the project will create additional
construction traffic and create additional future traffic all reducing the City Pavement
Condition Index. The project shall grind and pave the entire width of Camino Arroyo (Lip
of Gutter to Lip of Gutter) along the entire project frontage with a minimum 2.5” hot mix
AC, and with pavement section dig-outs and repairs. Extent of the dig-outs and repairs to
be determined by the Developers Geotechnical Engineer and City Engineer. (PUBLIC
WORKS)
126. PAVEMENT RESTORATION: Due to the proposed development making pavement cuts
into the existing roadway, additional construction traffic, and additional future traffic all
reducing the City Pavement Condition Index, show on the plans pavement grind and pave
along Holloway Rd. project frontage (half roadway width) with a minimum 2.5” hot mix AC
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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with pavement section dig-out repairs. Also show on the plans pavement crack seal and
microsurface slurry seal along the entire frontage of Holloway Rd (lip of gutter to lip of
gutter). The extent of the pavement section dig-out repairs to be determined by the
developer’s geotechnical engineer and to be confirmed by the City Engineer.
The City Engineer shall approve the roadway repair prior to the release of utilities, final
inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC
WORKS)
127. EXTERIOR 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 publicly-accessibly parking lots, driveways, circulation areas,
aisles, passageways, recesses, and publicly-accessible grounds contiguous to all
buildings. Private, interior courtyards not accessible to the public are not required to meet
this standard. The lighting system shall be so designed as to limit light spill beyond
property lines and to shield the light source from view from off site. The photometric plan
shall be approved by the City Engineer or their designee and shall be addressed on the
construction plans submitted for any demolition permit, building permit, or grading permit
and shall be satisfied prior to issuance of whichever permit is issued first. Any subsequent
building permits that include any site lighting shall also meet these requirements. (PUBLIC
WORKS)
128. STREET LIGHTING STANDARDS: The applicant shall submit plans for street/sidewalk
showing lighting levels to Illuminating Engineering Society (IES) Standards. At first
submittal, provide a photometrics plan along the project frontage. Also provide photometric
plans for all the streets and intersections identified in the traffic study. If the existing lighting
is not to current City Standard, the project shall install the necessary streetlights to meet
the minimum lighting requirements. Photometrics shall meet the following standards:
a. Arterial Streets: 1.0 fc average. 3/1 average to minimum uniformity. 0.34 fc
minimum
b. Collector Streets: 0.6 fc average. 4/1 average to minimum uniformity. 0.2 fc
minimum
c. Local Streets: 0.4 fc average. 6/1 average to minimum uniformity. 0.07fc
minimum.
d. High Volume Intersections: 1.1fc average. 3/1 average to minimum uniformity.
0.4 fc minimum.
e. Low Volume Intersections: 0.7 fc average. 4/1 average to minimum uniformity.
0.2 fc minimum.
The applicant shall submit a photometric plan identifying how these lighting levels are
being met given the site geometrics, using the 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. All new streetlight meter pedestals shall be located
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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behind the back of sidewalk and there shall be a minimum of 3’ clearance from the back
of sidewalk to the face of utility box. Lighting shall be provided on both sides of the
roadways. The photometric plan shall be approved prior to the issuance of the first City
permit. (PUBLIC WORKS)
129. FENCES AND OTHER PERMANENT STRUCTURES LOCATED OUTSIDE OF CITY
RIGHT-OF-WAY: The applicant shall locate all project fencing and foundation of a
permanent nature within the project’s property and outside of the City right -of-way and
outside of the Public Easement. (PUBLIC WORKS)
130. STORM DRAIN INLETS: Storm drain inlet spacing along the project frontage is not per
City Standards, Specs, or Guidelines. At first improvement plan submittal, the developer
is responsible for showing on the plans installation of drainage inlets spaced along the
project frontage per City Standards, Specs, and Guidelines. Installation of the storm drain
inlets shall be done as part of Phase 1 of the project.
131. 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. Furthermore, storm drains shall be designed to serve
exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not
permitted in the City of Gilroy. (PUBLIC WORKS)
132. DOMESTIC WATER: At first improvement plan submittal, show the installation of
domestic water service per City Standards. Water meter shall be located at the back of
sidewalk within the Public Easement. Install backflow preventer on private property
completely outside of the public right of way and completely outside of public easement
per City Standards. Existing services not being used along the project frontage shall be
removed up to the main line.
133. LANDSCAPE WATER: At first improvement plan submittal, show the installation of
landscaping water service per City Standards. Water meter shall be located at the back of
sidewalk within the Public Easement. Install backflow preventer on private property
completely outside of the public right of way and completely outside of public easement
per City Standards. Existing services not being used along the project frontage shall be
removed up to the main line.
134. SEPARATE WATER METER SERVICES: When a development includes multiple uses
mixed use or other), within one area designated as restaurant space, there shall be a
separate water service and meter for the commercial space and a separate water meter
for the other development use(s). This will facilitate the accurate assessment of the Sewer
Service Charge, which is based on water use and customer class. (PUBLIC WORKS)
135. 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
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 41 of 55
be placed at the service location allowing enough room for the truck to safely approach
the containers. The collection containers shall be brought to the service area on the day
of service and returned to the storage enclosure by the property owner. The containers
are not to be in public view prior to, or beyond the scheduled service times. The applicant
shall obtain a review letter from the City’s franchise solid waste collection service provider
Recology) confirming serviceability and site accessibility of the solid waste pickup as
designed and shown on the project plans and provide to the City Engineer for approval.
Contact Lisa Patton, Operations Manager 408-846-4421. No public right of way areas to
be used for solid waste pickup. Provide confirmation that the garbage truck can fully
access the site and does not have to “back up” into City Right of Way or Easement. There
can be no interruption to the City Right of Way or easements due to solid waste pickup.
PUBLIC WORKS)
136. FUEL DISPENSING AREAS: Per Gilroy City Code Section 27C.8 Prohibition of
Discharges from Industrial or Commercial Activity, the applicant shall install impermeable
surfaces that are graded at the minimum slope necessary to prevent ponding and
separated from the rest of the site by a grade break that prevents run-on of stormwater to
the maximum extent practicable. A canopy that extends a minimum of ten feet in each
direction from each pump shall cover fueling area. The canopy shall not drain onto the
fueling area. (PUBLIC WORKS)
137. UNDERGROUND FRONTAGE UTILITY LINES: The applicant must underground all
overhead utilities, and remove all related utility poles, along the project frontage and
project boundary from utility pole to utility pole. The applicant shall be responsible for the
coordination with all utility companies existing on the poles and coordinate for their
undergrounding or relocation as necessary so that the project frontage and boundary 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 at first improvement plan submittal.
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)
138. 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. 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.
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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For projects that include permanent structural controls for water quality protection, the
O&M (operation and maintenance) procedures for such control features shall be submitted
in a site-specific Stormwater Control Plan (SWCP) which shall be reviewed and approved
prior to occupancy. A formal O&M Agreement shall specify the owner’s responsibility to
ensure their ongoing effective operation and maintenance. Such O&M responsibility
requirements shall be recorded on the property deed.
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 th e 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 City permit. (PUBLIC WORKS)
139. STORMWATER: The project shall prepare a hydraulic study to evaluate the stormwater
impacts and impacts to surrounding discharge locations and receiving waters. Stormwater
detention shall be designed to not exceed existing condition discharge rates under
stormwater events range of events, such as the 2-yr., 10-yr., and 25-yr. events. Refer to
the City of Gilroy General Guidelines Section 7 #13 “A 24-hour, 25-year storm, total rainfall
of 4.79 inches shall be used if a reasonable outlet is provided (detention).
If no disposal other than evaporation, percolation or irrigation is provided (retention), a 24 -
hour, 100-year storm, total rainfall of 5.59 inches, shall be used. 25% of the total basin
volume shall be considered as freeboard.” https://www.cityofgilroy.org/260/Standards-
Specifications
140. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall submit
results from a third-party review of the project’s stormwater design. The results shall
confirm that the project is complying with requirements set in the City of Gilroy Stormwater
Management Guidance Manual for Low Impact Development and Post -Construction
Requirements. (PUBLIC WORKS)
141. SITE LANDSCAPING COORDINATION: The site landscaping needs to be coordinated
between the stormwater treatment area and the overall site landscaping plan area. The
landscaping within the stormwater treatment area will not count towards the site
landscaping requirement. Stormwater treatment areas should be identified on the site first,
and then site landscaping to make sure the correct plant material is identified for each
area.
Some site landscaping plant material may not be suitable in stormwater treatment areas
due to the nature of the facility. Sewer facilities cannot be aligned through stormwater
treatment facilities. It is the applicant’s responsibility to coordinate the civil stormwater
treatment facilities and the plans from the project landscaper. (PUBLIC WORKS)
142. PARKING LOTS: The applicant shall submit plans for all required off -street parking lots
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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showing proper grading, drainage, ramps profile, and parking dimensions in conformance
with City parking standards. The plans shall be approved by the City Engineer prior to the
issuance of the first City permits. (PUBLIC WORKS)
143. BICYCLE PARKING: The applicant shall provide both long-term bicycle lockers and short-
term bicycle racks on-site, as shown on the approved site plan, to the approval of the City
Engineer. (PUBLIC WORKS)
144. OFF-HOURS MATERIAL DELIVERY: The applicant shall coordinate with the future site
operators so that all site delivery of materials and goods are delivered off -hours and on-
site. This will allow the on-site customer parking for the development site to be utilized
during business hours, and not be impacted by the staging of delivery vehicles. The
applicant shall provide a written plan, to ensure that this condition is satisfied, prior to
occupancy of the first site building. The plan shall be to the approval of the Planning
Manager and City Engineer. (PUBLIC WORKS)
145. TRAFFIC SIGNAL EQUIPMENT: Per the project Transportation Analysis/Traffic Study
dated October 10, 2022, the applicant shall procure all equipment and install, at
developers cost, signal improvements. The signal equipment shall be to City Standard
unless Caltrans requires their standard to be met). The signal equipment shall include a
2070 controller with the latest McCain software, type 332 cabinet, and meet the
requirements of the City Traffic Signal Design Standards. Signal equipment shall be
installed at the back of walk to provide for a clear sidewalk at the intersection. Design shall
be to the approval of (Caltrans and) the City Engineer, and shall be installed as part of
Phase I and prior to occupancy of the first project building. (PUBLIC WORKS)
146. 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)
147. PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all applicable
permits and approval from federal, state, and local agencies as required to construct the
proposed improvements. The applicant is hereby informed that permits may be required
by one (1) or more of the following: Caltrans, VTA, Army Corps of Engineers,
UPRR/CPUC, Valley Water, Fish and Wildlife, Regional Water Quality Control Board,
Santa Clara County Roads and Airports, Santa Clara Valley Water District or Habitat
Permit. If project is within jurisdiction of any of these agencies, verification of permit or
waiver of permit must be given to the Public Works Department prior to issuance of any
required City permits. If the City is required to be a party to the permit application and a
fee is required, the applicant shall reimburse the City for its cost. A copy of these permits
shall be provided to the satisfaction of the City Engineer prior to the issuance of the first
City permit. (PUBLIC WORKS)
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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148. CALTRANS PERMIT: Prior to the issuance of the first City permit, the applicant must
submit evidence to the Public Works Department of approval by the State of California for
the performance of any work within the State right -of-way. If the City is required to be a
party to the permit application and a fee is required, the applicant shall reimburse the City
for its cost. The Applicant is encouraged to contact the Caltrans permit office as soon as
possible to learn what is required to obtain Caltrans approval and issuance of a State
Encroachment Permit. (PUBLIC WORKS)
149. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to prove
funding towards additional tree planting in the City. The fee is based on the amount of
added hardscape the project is adding. The estimated impact fee, based on the approved
plans, is $7,287. This fee is only an estimate. The actual impact fee will be calculated
based on building permit plans submitted, and the fees approved by the City Council in
place at the time of the building permit submittal. The fee shall be collected by the Public
Works Department and paid prior to issuance of the first City permit. (PUBLIC WORKS)
150. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the
project's share of storm drainage flowing off-site, and shall be used to enhance the City’s
storm drainage system based on the recommendations of the adopted Storm Drainage
Master Plan. The estimated impact fee, based on the approved plans, is $12,014. This
fee is only an estimate. The actual impact fee will be calculated based on building permit
plans submitted, and the fees approved by the City Council in place at the time of the
building permit submittal. The fee shall be collected by the Public Works Department and
paid prior to issuance of the first City permit. (PUBLIC WORKS)
151. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee
proportional to the project’s share of the increase amount of sewage generated by the
project, which shall be used to enhance the City’s sewer system based on the adopted
Sewer Master Plan. The estimated impact fee, based on the approved plans, is
1,542,728. This fee is only an estimate. The actual impact fee will be calculated based
on building permit plans submitted, and the fees approved by the City Council in place at
the time of the building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. At first improvement
plan submittal, applicant’s engineer shall submit a calculation for sanitary sewer and water
generation per the City’s Master Plan design criteria. The fee shall be collected by the
Public Works Department and paid prior to issuance of the first building permit. (PUBLIC
WORKS)
152. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the
project's share of impact to the City’s water system, and the water needs of the
development. The fee shall be used to fund improvements identified in the City’s Water
Master Plan. The estimated impact fee, based on the approved plans, is $402,763. This
fee is only an estimate. The actual impact fee will be calculated based on building permit
plans submitted, and the fees approved by the City Council in place at the time of the
building permit submittal. At first improvement plan submittal, applicant’s engineer shall
submit a calculation for water generation per the City’s Master Plan design criteria. The
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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fee shall be collected by the Public Works Department and paid prior to issuance of the
first building permit. (PUBLIC WORKS)
153. TRAFFIC IMPACT FEE: The applicant shall pay a fee proportional to the project's share
of transportation improvements needed to serve cumulative development within the City
of Gilroy. The funds shall be used to fund improvements identified in the City Traf fic
Circulation Master Plan. The estimated impact fee, based on the approved plans, is
2,568,157. This fee is only an estimate. The actual impact fee will be calculated based
on building permit plans submitted, and the fees approved by the City Council in place at
the time of the building permit submittal. The fee shall be collected by the Public Works
Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)
154. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to the
project’s share of the increase to the use of City Public facilities. The estimated impact
fee, based on the approved plans, is $3,897,623. This fee is only an estimate. The actual
impact fee will be calculated based on building permit pla ns submitted, and the fees
approved by the City Council in place at the time of the building permit submittal. The fee
shall be collected by the Public Works Department and paid prior to issuance of the first
building permit. (PUBLIC WORKS)
155. CONSTRUCTION NOTICING: At least two 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 first City permit. (PUBLIC WORKS)
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL
MAP, or if another deadline is specified in a condition, at that time.
156. DEDICATIONS: The applicant or owner shall dedicate all necessary right of way along
the project frontage, project boundary, and all off -site locations in order to construct the
improvements identified in the Transportation Analysis/Traffic Study. Where required, the
applicant shall also dedicate a property line radius at the corner of his property. (PUBLIC
WORKS)
157. DEDICATION OF EASEMENT: The applicant shall dedicate a 16-ft Public Utility
Easement to the City for public utilities per City Standards. The easement shall be
conveyed by the associated Parcel/Final Map. The applicant shall prepare the easement
conveyance documents for review to the approval of the City Engineer. The easement
shall be recorded with the County of Santa Clara prior to the issuance of the first City
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Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
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permit. (PUBLIC WORKS)
158. DRIVEWAY ACCESS EASEMENT: The applicant or owner shall dedicate reciprocal
driveway ingress and egress easements, as delineated on the approved plans. Said
easements shall be approved by all affected property owners. The easements shall be
approved by the City Engineer, recorded with the County Recorder’s Office, and a
recorded copy of the document returned to the City prior to the issuance of the first City
permit. The easement may also be designated on any associated parcel or subdivision
map. (PUBLIC WORKS)
159. PARCEL MAP: It shall be the applicant's responsibility to have a parcel map, prepared by
a person authorized to practice land surveying in California, delineating all parcels created
or deleted and all changes in lot lines in conformance with the Gilroy City Code. The
parcel map shall be approved by the Department of Public Works and recorded with the
County Recorder’s Office prior to the issuance of the first City permit. A parcel map
guarantee shall be submitted to the City, by the applicant’s title compa ny, prior to release
of the parcel map to the title company for recordation. Prior to the City’s release of the
parcel map to the title company, the applicant may, at the discretion of the City Engineer,
be required to submit to the City an electronic copy of the map in the AutoCAD Version
being used by the City at the time of recordation. It is the applicant's responsibility to
check with their title company and the County Recorder’s Office to determine the time
necessary to have the map recorded after City approval. (PUBLIC WORKS)
160. SUBDIVISION (FINAL) MAP: The applicant shall have a subdivision map, prepared by a
person authorized to practice land surveying in California, delineating all parcels created
or deleted and all changes in lot lines in conformance with the Gilroy City Code. The Final
Subdivision Map shall be approved by the Department of Public Works and recorded by
the County Recorder’s Office prior to the issuance of the first City permit. A map guarantee
shall be submitted to the City, by the applicant’s title company, prior to release of the map
to the title company for recordation. Prior to the City’s release of the final map to the title
company, the applicant may, at the discretion of the City Engineer, be required to submit
to the City an electronic copy of the map in the AutoCAD Version being used by the City
at the time of recordation. It is the applicant's responsibility to check with their title company
and the County Recorder’s Office to determine the time necessary to have the map
recorded after City approval.
The Subdivision (Final) Map shall be presented to the City Council for review and action.
The City Council meeting will be scheduled approximately fifty (50) days after the
Subdivision (Final) Map is deemed technically correct, and Improvement Plans with
supporting documents, reports and agreements are approved by the City. Executed
Subdivision (Final) Map shall be returned to the City Public Works Department if
Subdivision (Final) Map has not been filed in the County Recorder’s Office within ninety
90) days from the date of City Council’s approval. (Note: This item to also be added for
condominium projects.) (PUBLIC WORKS)
161. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 47 of 55
property improvement agreement with the City per Gov. Code Section 66462(a), and shall
arrange to provide Payment and Performance bonds each for 100% of the cost of public
infrastructure improvements to be constructed in the public right-of-way. These
improvements shall include, but not be limited to, roadway construction, sidewalk, curb
and gutter, water lines, storm lines, sewer lines, street lights, and signal equipment. City
Standard insurance shall be provided per the terms of the agreement. The agreement will
be forwarded to the City Council for approval with project (parcel or final) map. The PIA
shall be approved by the City Council prior to the issuance of the first project permit.
PUBLIC WORKS)
162. LANDSCAPE MAINTENANCE AGREEMENT: The developer will be required to enter
into a landscape maintenance agreement for the maintenance of landscape in the public
right of way along the project frontage.
163. MONUMENTS: The applicant shall arrange for the engineer to have all monuments set
per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided
to the City Engineer. (PUBLIC WORKS)
164. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall prepare
project Covenants, Conditions and Restrictions (CC&R) for the project. The CC&Rs shall
be submitted with the project map for review and approval of the City Engineer, the City
Attorney, and the Planning Manager. The CC&Rs shall include relevant project Conditions
of Approval, and shall include language that restricts the Homeowner’s Association from
making changes to the CC&Rs without first obtaining approval from the City. The CC&Rs
shall be reviewed and approved prior to the City Council approval of the project map.
PUBLIC WORKS)
165. LOT LINE ADJUSTMENT: It shall be the applicant's responsibility to have any lot line
adjustment, prepared by a person authorized to practice land surveying in California,
delineating all changes in lot lines in conformance with the Gilroy City Code. The lot line
adjustment shall be approved by the Department of Public Works, recorded by the County
Recorder’s Office, and a recorded copy of the document returned to the City prior to the
issuance of any City permits. It is the applicant's responsibility to check with their title
company and the County Recorder’s Office to determine the time necessary to have the
lot line adjustment recorded after City approval. (PUBLIC WORKS)
166. ELEVATION CERTIFICATE: (specifically for projects in the flood zone) An elevation
certificate per FEMA requirements must be complete by a Land Surveyor or Civil Engineer.
The elevation certificate shall be submitted, to the approval of the City Engineer, prior to
the first building occupancy. (PUBLIC WORKS)
167. 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-
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 48 of 55
Standard Stormwater BMP Operation and Maintenance Agreement will be provided by
Public Works Engineering. The agreement shall include the following:
a. This Agreement shall also provide that in the event that maintenance or repair is
neglected, or the stormwater management facility becomes a danger to public
health or safety, the City shall have the authority to perform maintenance and/or
repair work and to recover the costs from the owner.
b. All on-site stormwater management facilities shall be operated and maintained in
good condition and promptly repaired/replaced by the property owner(s) or other
legal entity approved by the City.
c. Any repairs or restoration/replacement and maintenance shall be in accordance
with City-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of any
stormwater management facility and shall describe the maintenance to be
completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the approved
Stormwater Runoff Management Plan.
This agreement shall be executed prior to the first occupancy of the building. (PUBLIC
WORKS)
168. 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 1st for the Fall report, and no later
than March 15th of the following year for the Winter report.
d. Before commencing any grading or construction activities, the applicant shall obtain
a National Pollutant Discharge Elimination System (NPDES) permit and provide
evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control
Board.
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 49 of 55
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 wit h the
approved construction BMPs will result in the issuance of correction notices,
citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/
retention basins, drain rock, etc.) shall be done toward final phases of project to
prevent silting of facilities and reduce the intended use of the facilities.
g. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or
QSD to meet the minimum design infiltration rate. All tests shall be made at on 20
ft x 20ft grid pattern over the surface of the completed stormwater facility unless
otherwise approved by the City Engineer.
All soil and infiltration properties for all stormwater facilities shall be evaluated by the
geotechnical engineer. Percolation tests (using Double Ring 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 app lied 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)
169. REGIONAL BOARD STORMWATER: 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. 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.
170. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at least ten
10) working days prior to the start of any construction work, and at that time the contractor
shall provide a project construction and phasing schedule, and a 24 -hour emergency
telephone number list. The schedule shall be in Microsoft Project, or an approved equal,
and shall identify the scheduled critical path for the installation of improvements to the
approval of the City Engineer. The schedule shall be updated weekly. The approved
construction and phasing schedule shall be shared with Gilroy Unified School District
GUSD) to avoid traffic impacts to surrounding school functions. An approved construction
information handout(s) shall also be provided to GUSD to share with school parents.
PUBLIC WORKS)
a. All work shown on the improvement plans shall be inspected to the approval of
the City Engineer as applicable. Uninspected work shall be removed as
deemed appropriate by the City Engineer.
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 50 of 55
b. Construction activities related to the issuance of any Public Works permit shall
be restricted to the weekday between 7:00 a.m. and 7:00 p.m., Saturday 9:00
a.m. to 7:00 p.m. for general construction activities. No work shall be done on
Sundays and on City Holidays unless otherwise approved by the City Engineer.
Please note that no work shall be allowed to take place within the City right-of-
way after 5:00 p.m. Monday through Friday. In addition, no work being done
under the issuance of a Public Works encroachment permit may be performed
on the weekend unless prior approvals have been granted by Public Works. The
City Engineer may apply additional construction period restrictions, as
necessary, to accommodate standard commute traffic along arterial roadways
and along school commute routes. Signs outlining the project const ruction
times shall be posted at conspicuous locations on site where it is visible to the
public. The signs shall be per the City Standard Drawing for posting
construction hours. The sign shall be kept free of graffiti at all times. Contact
the Public W orks Department to obtain sample City Standard sign outlining
hours of operation.
c. The allowed hours of Public Works construction activities may be waived or
modified through an exemption, for limited periods, if the City Engineer finds
that the following criteria are met:
i. Permitting extended hours of construction will decrease the total time
needed to complete the project thus mitigating the total amount of
noise associated with the project as a whole; or,
ii. Permitting extended hours of construction are required to
accommodate design or engineering requirements, such as a large
concrete pour. Such a need would be determined by the project's
design engineer and require approval of the City Engineer.
iii. An emergency situation exists where the construction work is
necessary to correct an unsafe or dangerous condition resulting in
obvious and eminent peril to public health and safety. If such a
condition exists, the City may waive any of the remaining
requirements outlined below.
iv. The exemption will not conflict with any other condition of approval
required by the City to mitigate significant impacts.
v. The contractor or owner of the property will notify residential and
commercial occupants of property adjacent to the construction site of
the hours of construction activity which may impact the area. This
notification must be provided three days prior to the start of the
extended construction activity.
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 51 of 55
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 ensure proper
control of blowing dust for the duration of the project.
iv. Watering on public streets, and wash down of dirt and debris into storm
drain systems will not be allowed. Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the Construction
Inspector, or at least once a day. Watering associated with on -site
construction activity shall take place between the hours of 8 a.m. and 5
p.m. and shall include at least one late-afternoon watering to minimize
the effects of blowing dust. Recycled water shall be used for construction
watering to manage dust control where possible, as determined by the
City Engineer. Recycled water shall be billed at the municipal industrial
rate based on the current Santa Clara Valley Water District’s municipal
industrial rate. Where recycled water is not available potable water shall
be used. All potable construction water from fire hydrants shall be
metered and billed at the current portable fire hydrant meter rate.
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 52 of 55
v. All public streets soiled or littered due to this construction activity shall be
cleaned and swept on a daily basis during the workweek to the
satisfaction of the Construction Inspector.
vi. Construction grading activity shall be discontinued in wind conditions that
in the opinion of the Public Works Construction Inspector cause
excessive neighborhood dust problems.
vii. Site dirt shall not be tracked into the public right-of-way, and shall be
cleaned immediately if done, or the project may risk being shut down .
Mud, silt, concrete and other construction debris shall not be washed into
the City’s storm drains.
viii. Construction activities shall be scheduled so that paving and foundation
placement begin immediately upon completion of grading operation.
ix. All aggregate materials transported to and from the site shall be covered
in accordance with Section 23114 of the California Vehicle Code during
transit to and from the site.
x. Prior to issuance of any permit, the applicant shall submit any applicable
pedestrian or traffic detour plans, to the satisfaction of the City Engineer,
for any lane or sidewalk closures. The traffic control plan shall be
prepared by a licensed professional engineer with experience in
preparing such plans. The Traffic Control Plan shall be prepared by a
licensed engineer in accordance with the requirements of the latest
edition of the California Manual on Uniform Traffic Control Devices
MUTCD) and standard construction practices. The Traffic Control Plan
shall be approved prior to the commencement of any work within the
public right-of-way.
xi. During construction, the applicant shall make accessible any or all City
utilities as directed by the City Engineer.
xii. The minimum soils sampling and testing frequency shall conform to
Chapter 8 of the Caltrans Construction Manual. The applicant shall
require the soils engineer submit to daily testing and sampling reports to
the City Engineer.
171. STREET RESURFACING PRIOR TO ACCEPTANCE: Prior to final acceptance, the
applicant shall apply a microsufacing to all streets, and apply final street markings, per the
approved plans, in thermoplastic to Caltrans Standards. All microsurfacing and final
striping shall be to the approval of the City Engineer. (PUBLIC WORKS)
172. PROJECT CLOSE-OUT AND RECORD DRAWINGS: At project completion, the
applicant shall submit the complete Public Works project closeout package to the
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 53 of 55
Department of Public Works Engineering Division. The project closeout package consists
of As-Builts, AutoCAD files, etc. Additional information regarding the Public Works project
closeout can be provided to the applicant upon request. 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)
173. PROJECT CLOSE-OUT: Prior to City acceptance of all parcel map subdivision
developments, tract subdivision developments, 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 Community Development Director and City Engineer.
A letter indicating that all project conditions have been met shall be submitted prior to the
first occupancy. All public improvements, including the complete installation of all
improvements relative to streets, fencing, sanitary sewer, storm drainage, water system,
underground utilities, etc., shall be completed and attested to by the City Engineer before
approval of occupancy of any unit. Where facilities of other agencies are involved, such
installation shall be verified as having been completed and accepted by those agencies.
In addition, the applicant shall submit a detailed project cost estimate of all public
improvements constructed on-site and within the public right-of-way. The cost estimate
shall be prepared by the project engineer, and be to the approval of 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)
174. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal to, or
larger than two-axle, six-tire single unit truck (SU) size or larger as defined by FHWA
Standards, the applicant shall submit a truck hauling route and receive a haul permit that
conforms to City of Gilroy Standards to the approval of the City Engineer. Note that the
City requires a Haul Permit be issued for any hauling activities.
The project sponsor shall require contractors to prohibit trucks from using “compression
release engine brakes” on residential streets. 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 -
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 54 of 55
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)
175. CONSTRUCTION WORKER PARKING: The applicant shall provide an on-site
construction-parking plan and shall include an estimate of the number of workers that will
be present on the site during the various phases of construction and indicate where
sufficient off-street parking will be utilized. Said plan shall be approved by the City
Engineer prior to issuance of City permits and shall be complied with at all times durin g
construction. Failure to enforce the parking plan may result in suspension of the City
permits. (PUBLIC WORKS)
176. ARCHITECTURAL COPPER: Per Gilroy City Code Section 27C.7 Prohibition of Illegal
Discharges, the applicant shall follow the specific best management practices for the
installation of the Architectural Copper. For detailed information please distribute the flyer
to all construction personnel involved in the fabrication and installation of the Architectural
Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf
PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES that the use permitted by
this entitlement occupies the premises
177. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In accordance with
Gilroy City Code Chapter 27D Post Construction Storm Water Pollution Prevention all
projects that meet the criteria described in the Storm Water Guidance Manual for Low
Impact Development and Post-Construction Requirements shall prepare a storm water
control plan (SWCP) and shall meet the requirements of the design standards and
selection of best management practices and shall be selected and designed to the
satisfaction of the City Engineer or designee. Requirements shall include:
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.
Resolution No. 2023-41
Architectural and Site Approval – Gilroy Square Project
City Council Regular Meeting | June 5, 2023
Page 55 of 55
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)
End.
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2023-41 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, June 5, 2023, at which meeting a quorum was
present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this Monday, June 5, 2023.
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
Seal)