HomeMy WebLinkAbout01/16/2025 City Council Regular Agenda Packet
January 16, 2025 | 6:00 PM Page 1 of 4 Planning Commission
Special Meeting Agenda
PLANNING COMMISSION
SPECIAL MEETING AGENDA
Thursday, January 16, 2025 | 6:00 PM
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA 95020
Chair: Manny Bhandal:
manny.bhandal@cityofgilroy.org
Vice Chair: Annedore Kushner:
annedore.kushner@cityofgilroy.org
Commissioners:
Stefanie Elle:
stefanie.elle@cityofgilroy.org
Adriana Leongardt:
adriana.leongardt@cityofgilroy.org
Joan Lewis:
joan.lewis@cityofgilroy.org
Monica Valdez:
monica.valdez@cityofgilroy.org
Staff Liaison: Sharon Goei, Community Development Director | sharon.goei@cityofgilroy.org
Written comments can be submitted by email to planningdivision@cityofgilroy.org. Please note that
written comments will not be read out loud, but will be part of the written record.
Comments by the public will be taken on any agenda item before action is taken by the Planning
Commission. Persons speaking on any matter are asked to state their name and address for the
record. Public testimony is subject to reasonable regulations, including but not limited to time
restrictions on particular issues and for each individual speaker. A minimum of 12 copies of
materials should be provided to the Clerk for distribution to the Commission and Staff. Public
comments are limited to no more than three-minutes, at the Chair’s discretion.
Comments on any agenda item may be emailed to the Planning Division at
planningdivision@cityofgilroy.org or mailed to the City of Gilroy, Community Development Department
at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division
by 1:00 pm on the day of a Planning Commission meeting will be distributed to the Planning
Commissioners prior to or at the meeting and are available for public inspection at the Planning
Division counter at City Hall, 7351 Rosanna Street. Any correspondence received will be
incorporated into the meeting record. Items received after the 1:00 pm deadline will be provided to
the Planning Commission as soon as practicable.
In compliance with the American Disabilities Act (ADA), the City will make reasonable
arrangements to ensure accessibility to this meeting. If you need special assistance to participate
in this meeting, please contact the City Clerk 72 hours prior to the meeting at (408) 846-0491. A
sound enhancement system is available in the City Council Chambers.
If you challenge any planning or land use decision made at this meeting in court, you may be
limited to raising only those issues you or someone else raised at the public hearing held at this
Planning Commission
Special Meeting Agenda Page 2 of 4 January 16, 2025 | 6:00 PM
meeting, or in written correspondence delivered to the Planning Commission at, or prior to, the
public hearing. Please take notice that the time within which to seek judicial review of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the
California Code of Civil Procedure.
Persons who wish to speak on matters set for Public Hearing will be heard when the presiding
officer calls for comments from those persons who are in support of or in opposition thereto. After
persons have spoken, the hearing is closed and brought to the Planning Commission level for
discussion and action. There is no further comment permitted from the audience unless requested
by the Planning Commission.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9(b)(1) if a point has been reached where, in the opinion of the legislative body of the City
on the advice of its legal counsel, based on existing facts and circumstances, there is a significant
exposure to litigation against the City.
Materials related to an item on this agenda submitted to the Planning Commission after distribution
of the agenda packet are available for public inspection with the agenda packet in the lobby of
Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials
are also available with the agenda packet on the City website at www.cityofgilroy.org
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE.
Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the
people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT
ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A
VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION
STAFF AT (408) 846-0204 or by email at cityclerk@cityofgilroy.org.
1. OPENING
2. PLEDGE OF ALLEGIANCE
3. REPORT ON POSTING THE AGENDA AND ROLL CALL
4. PUBLIC COMMENTS
(Three-minute time limit). This portion of the meeting is reserved for persons desiring to
address the Planning Commission on matters not on the agenda. The law does not permit
the Planning Commission action or extended discussion of any item not on the agenda except
under special circumstances. Comments on any agenda item may be emailed to the Planning
Division at planningdivision@cityofgilroy.org or mailed to Community Development
Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the
Planning Division by 1:00pm on the day of a Planning Commission meeting will be distributed
to the Planning Commission prior to or at the meeting and available for public inspection with
the agenda packet located in the lobby of Planning Division at City Hall, 7351 Rosanna Street
prior to the meeting. Any correspondences received will be incorporated into the meeting
record. Items received after 1:00pm deadline will be provided to the Planning Commission as
Planning Commission
Special Meeting Agenda Page 3 of 4 January 16, 2025 | 6:00 PM
soon as practicable. All statements that require a response will be referred to staff for reply in
writing.
PUBLIC HEARINGS FOR RELATED PROJECT APPLICATIONS WILL BE HEARD
CONCURRENTLY AND ACTION WILL BE TAKEN INDIVIDUALLY. COMPANION
PROJECTS UNDER NEW BUSINESS WILL BE TAKEN UP FOR ACTION PRIOR TO, OR
IMMEDIATELY FOLLOWING THE RELATED PUBLIC HEARING. THIS REQUIRES
DEVIATION IN THE ORDER OF BUSINESS AS NOTED WITHIN THE AGENDA. 5. CONSENT AGENDA
5.1. December 5, 2024 Planning Commission Meeting Minutes
6. PUBLIC HEARINGS
6.1. Staff’s request of continuance of public hearing for two Tentative Map
applications to subdivide approximately 6.7 acres into 42 single-family duet
residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family
residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area.
1. Staff Report: Sharon Goei, Community Development Director
2. Public Hearing:
3. Close Public Hearing:
4. Possible Action:
Continue the public hearing, to a date uncertain, for two Tentative Map
applications to subdivide approximately 6.7 acres into 42 single-family duet
residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family
residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area. 6.2. Zoning Map amendment application to rezone an undeveloped property
(APN # 810-23-005) to Residential Hillside, consistent with the 2040 General
Plan Hillside Residential land use designation (Z 22-03), and a Tentative
Map application to subdivide an approximately 37.54-acre site into 54
single-family residential lots (TM 22-02).
1. Staff Report: Cindy McCormick, Planning Manager
2. Public Hearing:
3. Close Public Hearing:
4. Possible Action:
Staff has analyzed the proposed project, and recommends that the Planning
Commission:
a) Consider and recommend that the City Council adopt the Mitigated
Negative Declaration prepared for the project in accordance with the
California Environmental Quality Act (CEQA); and
b) Recommend that the City Council adopt an Ordinance approving
Zoning Map Amendment Z 22-03; and
Planning Commission
Special Meeting Agenda Page 4 of 4 January 16, 2025 | 6:00 PM
c) Adopt a resolution recommending that the City Council adopt a
resolution approving Tentative Map application TM 22-02, subject to
the findings, conditions, and mitigation measures provided in the draft
resolution. 7. NEW BUSINESS
7.1. None.
8. INFORMATIONAL ITEMS
8.1. Planning Division Staff Approvals
9. PLANNING DIVISION REPORT
10. ASSISTANT CITY ATTORNEY REPORT
11. ADJOURNMENT To the Next Meeting of February 6, 2025 at 6:00 PM
Page 1 of 3
City of Gilroy
Planning Commission
Regular Meeting Minutes
Thursday, December 5, 2024 | 6:00 PM
1. OPENING
Tonight’s meeting was called to order by Chair Bhandal at 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
Chair Bhandal led the pledge of allegiance.
3. REPORT ON POSTING THE AGENDA AND ROLL CALL
The agenda was posted on Wednesday, November 27, 2024 at 2:34 p.m.
Attendance Attendee Name
Present Stefanie Elle, Commissioner
Adriana Leongardt, Commissioner
Joan Lewis, Commissioner
Kelly Ramirez, Commissioner
Monica Valdez, Commissioner
Annedore Kushner, Vice Chair
Manny Bhandal, Chair
4. PUBLIC COMMENTS
Chair Bhandal opened public comment for items not on the agenda.
There being no speakers, Chair Bhandal closed public comment for items not on the
agenda.
5. CONSENT AGENDA
5.1. November 7, 2024 Planning Commission Meeting Minutes
A motion was made by Commissioner Lewis; seconded by Chair Bhandal to
approve the consent agenda.
RESULT: Pass [7 – 0]
MOVER: Commissioner Lewis
SECONDER: Chair Bhandal
AYES: Commissioner Elle, Leongardt, Lewis, Ramirez, Valdez, Vice Chair
Kushner, and Chair Bhandal
6. PUBLIC HEARINGS
6.1. First Amendment to the Glen Loma Ranch Development Agreement
1. Staff Report: Cindy McCormick, Planning Manager
2. Public Hearing:
December 5, 2024 | 6:00 PM Page 2 of 3 Planning Commission
Regular Meeting Minutes
3. Close Public Hearing:
4. Possible Action:
1. Determine that the First Amendment to the Glen Loma Ranch
Development Agreement does not require independent CEQA review,
beyond EIR Addendum #2, undertaken in connection with the adoption
of the Fourth Operating Memorandum.
2. Recommend that the City Council adopt an ordinance approving the
First Amendment to the Development Agreement between the City of
Gilroy and Glen Loma Corporation for the Glen Loma Ranch project to
extend the term of the Development Agreement by three years.
A motion was made by Commissioner Ramirez; seconded by Chair Bhandal to:
Determine that the First Amendment to the Glen Loma Ranch Development
Agreement does not require independent CEQA review, beyond EIR Addendum
#2, undertaken in connection with the adoption of the Fourth Operating
Memorandum.
RESULT: Pass [7 – 0]
MOVER: Commissioner Ramirez
SECONDER: Chair Bhandal
AYES: Commissioner Elle, Leongardt, Lewis, Ramirez, Valdez, and Vice Chair
Kushner, Chair Bhandal
A motion was made by Commissioner Ramirez; seconded by Commissioner
Valdez to:
Recommend that the City Council adopt an ordinance approving the First
Amendment to the Development Agreement between the City of Gilroy and Glen
Loma Corporation for the Glen Loma Ranch project to extend the term of the
Development Agreement by three years.
RESULT: Pass [7 – 0]
MOVER: Commissioner Ramirez
SECONDER: Commissioner Valdez
AYES: Commissioner Elle, Leongardt, Lewis, Ramirez, Valdez, and Vice Chair
Kushner, Chair Bhandal
7. NEW BUSINESS
7.1. Planning Commission Review of Metropolitan Transportation Commission
Complete Streets Checklist for 2024 Climate Program Implementation
Grant
1. Staff Report: Mark Johnson, Environmental Programs Manager
2. Public Comment:
3. Possible Action: Review and provide feedback on the Metropolitan
Transportation Commission (MTC) Complete Street Checklist for the
December 5, 2024 | 6:00 PM Page 3 of 3 Planning Commission
Regular Meeting Minutes
proposed Electric Vehicle (EV) Charging Stations at the Gilroy
Community Library.
The Planning Commission reviewed the checklist and had no comments that
necessitated changes to the checklist as presented.
7.2. Zoning Ordinance Update: Preliminary Draft Planning Permits, Part 1
1. Staff Report: Cindy McCormick, Planning Manager
2. Public Comment:
3. Possible Action:
Receive the staff report and provide preliminary feedback on preliminary draft
sections proposed for the comprehensive update. Preliminary
recommendations should be made by an informal consensus of the Planning
Commission.
The Planning Commission reviewed the first part of the preliminary draft of the
comprehensive zoning code update focused on Planning permits and provided
feedback. No changes were made to the draft zoning amendments.
8. INFORMATIONAL ITEMS
8.1. Planning Division Staff Approvals
There was one architectural and site review application staff approval.
9. PLANNING DIVISION REPORT
None.
10. ASSISTANT CITY ATTORNEY REPORT
None.
11. ADJOURNMENT
Chair Bhandal adjourned the meeting at 7:15 p.m.
Ariana Fabian, Planning Technician
Community Development
Department
7351 Rosanna Street, Gilroy, CA 95020-6197
Telephone: (408) 846-0451 | Fax: (408) 846-0429
cityofgilroy.org |planningdivision@cityofgilroy.org
Sharon Goei
DIRECTOR
DATE: January 16, 2025
TO: Planning Commission
FROM: Sharon Goei, Community Development Director
SUBJECT: Staff’s request of continuance of public hearing for two Tentative Map
applications to subdivide approximately 6.7 acres into 42 single-family duet
residential lots (TM 24-02) and approximately 41.36 acres into 84 single-
family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan
area
RECOMMENDATION
Continue the public hearing, to a date uncertain, for two Tentative Map applications to
subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02)
and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the
Glen Loma Ranch Specific Plan area.
ANALYSIS
Several issues relative to the Tentative Map applications have been under discussion
with the applicant and need to be further analyzed and discussed in-depth with the
applicant.
To allow adequate analysis and discussion of the issues and reach consensus on
certain conditions, staff requests to continue the public hearing to a date uncertain.
Once a new date is determined, staff will re-notice the public hearing.
Community Development
Department
7351 Rosanna Street, Gilroy, CA 95020-6197
Telephone: (408) 846-0451 | Fax: (408) 846-0429
cityofgilroy.org |planningdivision@cityofgilroy.org
Sharon Goei
DIRECTOR
DATE: January 16, 2025
TO: Planning Commission
FROM: Cindy McCormick, Planning Manager
SUBJECT: Zoning Map amendment application to rezone an undeveloped property
(APN # 810-23-005) to Residential Hillside, consistent with the 2040
General Plan Hillside Residential land use designation (Z 22-03), and a
Tentative Map application to subdivide an approximately 37.54-acre site
into 54 single-family residential lots (TM 22-02).
RECOMMENDATION:
Staff has analyzed the proposed project, and recommends that the Planning Commission:
a) Consider and recommend that the City Council adopt the Mitigated Negative
Declaration prepared for the project in accordance with the California
Environmental Quality Act (CEQA); and
b) Recommend that the City Council adopt an Ordinance approving Zoning Map
Amendment Z 22-03; and
c) Adopt a resolution recommending that the City Council adopt a resolution
approving Tentative Map application TM 22-02, subject to the findings, conditions,
and mitigation measures provided in the draft resolution.
PROJECT DESCRIPTION:
The Planning Commission will provide a recommendation to the City Council regarding a
proposed Zoning Map amendment (Z 22-03) to rezone a 37.5-acre undeveloped property
(APN # 810-23-005) to RH (Residential Hillside), consistent with the 2040 General Plan
Hillside Residential land use designation, and a Tentative Map (TM 22-02) to subdivide
the subject property into 54 residential lots. Future applications would be submitted to
construct a detached single-family residence on each lot. The project would also include
a private club house that would be located on the western side of the site. The project
would construct new streets, utility lines, and parking for the proposed residences. The
existing creek and pond located in the central portion of the site would be preserved in
place. No architectural plans are proposed at this time. Future development of the
individual lots will be processed through an Administrative Architectural and Site Review
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application in accordance with City Code. The private club house will require a Conditional
Use Permit, unless otherwise allowed through an approved Planned Unit Development,
or unless otherwise allowed by City Code.
DISCUSSION AND ANALYSIS:
BACKGROUND
General Plan 2040 Land Use Designation: On November 12, 2015, the Planning
Commission held a public hearing to consider, among other actions associated with the
2040 General Plan update, land use designation changes in the City of Gilroy. Two
specific properties, including the subject property, were called out in the staff report and
presented during the public hearing. As noted in the staff report, the subject property was
the only parcel in the Urban Service Area (USA) designated Rural Residential in the 2020
General Plan. The lone Rural Residential zoning designation was recommended to be
removed due to its incompatibility with the urban-scale residential land uses planned
within the USA.
Based on the predominant surrounding land use designation of Hillside Residential, the
slope of the subject property, and its riparian characteristics, the site was recommended
to be designated Hillside Residential, which allows <1 – 4 du/ac.
The Planning Commission recommended that the City Council change the land use
designation of the subject property to Hillside Residential and, on January 4, 2016, the
City Council agreed with this recommendation. Following the delay caused by the
passage of Measure H (Urban Growth Boundary that protects open space and agricultural
land outside City limits), the 2040 General Plan and Land Use Diagram designating the
subject property as Hillside Residential was recommended for approval by the Planning
Commission on October 2, 2020 and adopted by the City Council on November 2, 2020.
The adopted and certified Environmental Impact Report for the 2040 General Plan
included a section on agricultural resources and noted that lands in the (A1) Agricultural
Zoning District are expected to be urbanized in accordance with the General Plan. To
mitigate the potential impacts to agricultural land, the City adopted an Agricultural
Mitigation Policy.
Agricultural Mitigation Policy: In 2004 (amended 2016), the City adopted an
Agricultural Mitigation Policy with specific criteria and guidelines to enable the continued
viability of agriculture and agri-tourism in the Gilroy area. The subject property is not
designated as “Prime” Farmland or lands of “Statewide Importance” by the State
Department of Conservation and is therefore not subject to this policy, further illustrating
that agricultural uses are not a supported use of the subject property.
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Housing Accoutability Act. As a housing development project proposing more than one
residential unit, the Housing Accountability Act (HAA) (Government Code Section
65589.5) limits the City’s ability to “deny, reduce the density for, or render infeasible” the
project unless the project: (1) is found to be in violation of an objective general plan/zoning
standard; or (2) will result in a specific adverse impact to public health and safety. While
conditions and requirements may be applied to further applicable goals, policies, and
strategies – any conditions and requirements not based on objective standards may not
make the project infeasible or reduce the number of units. Under the HAA an objective
standard is one that involves “no personal or subjective judgment by a public official and
[is] uniformly verifiable by reference to an external and uniform benchmark or criterion
available and knowable by both the development applicant or proponent and the public
official.”
ENVIRONMENTAL ASSESSMENT: The City of Gilroy has prepared an Initial Study for
the Ren Fu Villa Residential project in compliance with the California Environmental
Quality Act (CEQA) Guidelines (California Code of Regulations §15000 et. seq.) and City
of Gilroy regulations and policies. The project’s proposed land use, density, and on-site
development is consistent with the Gilroy 2040 General Plan and assumptions in the 2040
General Plan Environmental Impact Report (EIR), which was certified on November 2,
2020. Pursuant to CEQA Guidelines Section 15168, the environmental review for a later
activity (e.g., the proposed project) is simplified because the program EIR (1) provides
the basis for determining whether the later activity may have any significant effects; (2)
can be incorporated by reference to deal with regional influences, secondary effects,
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cumulative impacts, broad alternatives, and other factors that apply to the General Plan
program as a whole; and (3) focuses the analysis of the later activity solely on new effects
which had not been considered before. In addition, pursuant to CEQA Guidelines Section
15183, CEQA mandates that projects which are consistent with the development density
established by general plan policies for which an EIR was certified shall not require
additional environmental review, except as might be necessary to examine whether there
are project-specific significant effects which are peculiar to the project or its site. This
streamlines the review of such projects and reduces the need to prepare repetitive
environmental studies.
Mitigated Negative Declaration (MND): In addition to contributing to the previously
disclosed significant and unavoidable impacts in the Gilroy 2040 General Plan Final EIR,
the project could result in additional significant effects on the environment; however, there
will not be any significant effect in this case because the project is subject to a Mitigated
Negative Declaration (MND). The MND includes a summary of potential significant
environmental impacts and the mitigation measures proposed to avoid or reduce those
impacts. The 30-day public review period began on August 2, 2024 and ended on
September 3, 2024. A response to public comments on the environmental documents
received prior to September 4, 2024 was posted to the project website on January 6, 2025
(organization comments) and January 9, 2025 (resident comments).
Mitigation Monitoring and Reporting Program (MMRP): The City also prepared a
Mitigation Monitoring and Reporting Program (MMRP) to help ensure that the designated
mitigation measures are appropriately implemented during all stages of the project
including future construction and project build-out. The MMRP lists the required mitigation
measures, the method required for implementation, the party or permit responsible for
implementing the measures, the timeframe for which the measure is relevant, and a
placeholder checklist for future verification of compliance.
Mitigation Measures. The proposed mitigation measures are summarized below. For
the complete mitigation, including timing and measure details, please review the attached
MMRP.
A. Biological Resources
As discussed in Section 4.4 (Biological Resources) of the Initial Study, the proposed
project would not substantially reduce the habitat of a fish or wildlife species, cause a fish
or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or
animal community, or substantially reduce the number or restrict the range of a rare or
endangered plant or animal with implementation of mitigation measures MM BIO-1 and
MM BIO-2, and compliance with applicable standard conditions of approval and Habitat
Plan policies and conditions (including Conditions 1, 3, 11, 12, 13, 16, 19, and 20).
MM BIO-1: Burrowing Owls. To minimize impacts on burrowing owls, the following
measures will be implemented.
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Preconstruction Surveys for Burrowing Owls. Preconstruction surveys for burrowing
owls shall be conducted by a qualified biologist/ornithologist (funded by the project
applicant) prior to the initiation of construction activities. The timing and location of the
surveys is described in the MND and MMRP. If no suitable burrows are present, no
additional surveys are required. If suitable burrows are determined to be present within
250 feet of the project impact areas, a qualified biologist/ornithologist shall conduct a
second survey to determine whether owls are present in areas where they could be
affected by proposed activities.
Implement Buffer Zones for Burrowing Owls. If burrowing owls are detected during
the pre-activity survey, a 250-foot buffer, within which no construction-related activities
shall be permissible, shall be maintained between construction activities and occupied
burrows, during the timeframes established in the MND and MMRP.
Monitor Owls during Construction. If maintaining a 250-foot buffer around active owl
burrows is not feasible, the buffer may be reduced if (1) the individual or nest is not
disturbed, and (2) a qualified biologist/ornithologist develops an avoidance, minimization,
and monitoring plan that is reviewed and approved by the CDFW and USFWS prior to the
initiation of construction activities in the identified 250-foot buffer areas. The plan shall
include the measures identified in the MND and MMRP.
The qualified biologist/ornithologist shall submit a summary report, to the City of Gilroy,
that includes the findings of preconstruction surveys, identification of any required buffers,
documentation of justification for any reduced buffers and a copy of the avoidance,
minimization, and monitoring plan approved by CDFW and USFWS (if applicable) prior
to issuance of grading or construction permits.
MM BIO-2: MM BIO-2: Compensate for Direct, Permanent Encroachment into the
Riparian Setback. Direct, permanent impacts within the 35-foot riparian setback shall be
mitigated on-site at a minimum 2:1 ratio (mitigation area to impact area) through
enhancement of the existing riparian corridor elsewhere on the project site. This
enhancement, which shall be directed by a qualified restoration or plant ecologist (funded
by the project applicant), would consist of planting or restoration of native vegetation
appropriate to the site, and management of any particularly noxious occurrences of
invasive plants, in a way that will enhance the structure and function of the riparian habitat.
The qualified restoration or plant ecologist shall prepare a mitigation plan outlining the
enhancement activities which shall be submitted to and approved by the City prior to the
issuance of any construction or grading permits. The plan shall include at least three
years of monitoring, following implementation of mitigation, to ensure mitigation success.
The performance criteria required by this mitigation plan shall include the survival of
enough planted/restored vegetation three years after implementation to ensure that
enhancement has occurred at a minimum ratio of 2:1, as discussed above.
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B. Cultural Resources
As discussed in Section 4.5 (Cultural Resources) of the Initial Study, with the
implementation of standard conditions of approval and mitigation measures MM CUL-1
and MM CUL-2, the project would not result in significant impacts to buried archaeological
or cultural resources (if encountered on-site).
MM CUL-1: Prior to the commencement of construction, the applicant shall secure the
services of a qualified archaeologist. The qualified archaeologist shall prepare a
workforce environmental awareness program (WEAP) to instruct construction workers of
the obligation to protect and preserve valuable resources. The WEAP shall be reviewed
and approved by the City’s Community Development Director, or his or her designee,
prior to the issuance of construction and grading permits. This program shall be provided
to all construction workers as a field training prior to the beginning of ground-disturbing
activities, and shall include a discussion of applicable laws and penalties under the laws;
samples or visual aids of resources that could be encountered in the project vicinity;
instructions regarding the need to halt work in the vicinity of any potential archaeological
and Native American resources encountered; and measures to notify their supervisor, the
applicant, and the specialist(s).
MM CUL-2: Ground-disturbing activities (including, but not limited to, demolition /
excavation, grading, and utility trenching) shall be monitored by a qualified archaeologist
to be retained by the project applicant. The qualified archaeologist shall have authority to
halt construction activities temporarily in the immediate vicinity of an unanticipated find
until its significance can be assessed by the qualified archaeologist. After observing a
representative sample of ground-disturbing activity with no cultural resources
encountered, the archaeologist may recommend that monitoring move to a part-time or
intermittent schedule by mutual agreement with the City. A summary report of the
monitoring results, including any protective measures implemented (see the Cultural
Resources conditions of approval at the end of this MMRP), shall be submitted to the City
prior to the issuance of building permits.
C. Greenhouse Gas
As discussed in Section 4.8 (Greenhouse Gas Emissions) of the Initial Study, the project
would generate a significant and unavoidable VMT impact which would also result in a
significant GHG impact. The project would be able to offset the GHG emissions
associated with the VMT impact through implementation of mitigation measure MM GHG-
1; thereby reducing its cumulative contribution to significant GHG impacts to a less than
significant level.
MM GHG-1: Reduce GHG Emissions. The applicant is responsible for retaining a
qualified air quality/GHG specialist to develop a GHG reduction plan to reduce GHG
emissions such that the project’s GHG emissions are reduced by the emissions
equivalent to those produced by the rate of VMT exceeded over the threshold. These
reductions shall be kept in place by the project until the City adopts a GHG reduction plan
that contains goals and associated strategy to decrease emissions in a manner consistent
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with meeting the State’s interim 2030 GHG emissions and long-term goals. The reduction
of project GHG emissions through the retirement of carbon offset credits shall satisfy the
conditions described in the MND and MMRP. The applicant shall mitigate GHG emissions
resulting from project operations by purchasing and retiring the required offset credits, in
accordance with the staed criteria, prior to final issuance of a building permit. To
demonstrate compliance with such requirements, the applicant shall provide the following
to the City’s Community Development Director, or his or her designee: (i) the protocol
used to quantify and issue such carbon offset credits, (ii) the third-party verification
report(s) pursuant to which such carbon offset credits were issued, and (iii) the unique
serial numbers of the carbon offset credits to be retired to ensure that the offset cannot
be further used in any manner.
D. Hazards And Hazardous Materials
As discussed in Sections 4.3 (Air Quality), 4.7 (Geology and Soils), 4.9 (Hazards and
Hazardous Materials), and 4.13 (Noise) of the Initial Study, the project would implement
mitigation measure MM HAZ-1 and comply with all applicable conditions of approval and
General Plan policies to reduce impacts to a less than significant level.
MM HAZ-1: An Environmental Professional shall prepare a Risk Management Plan
(e.g., Site Management Plan) prior to issuance of a grading permit and excavation. The
Plan shall establish appropriate management practices for handling the undocumented
fill, including guidelines for the reuse and disposal of these materials, and protocols to
segregate the lead-impacted fill and ensure that appropriate off-site disposal is
completed. This Plan shall be submitted to the City for review and approval prior to
issuance of grading and construction permits. Following completion of the excavation, a
report documenting compliance with the Plan and summarizing the work completed on-
site shall be prepared by the Environmental Professional and provided to the City for
review and approval.
The project applicant shall also require the construction General Contractor to prepare a
Health and Safety Plan (HSP) establishing appropriate protocols for working at the
property and submit the HSP to the City prior to issuance of construction and grading
permits. Workers conducting property earthwork activities in contaminated areas shall
complete 40-hour HAZWOPER training course (29 CFR 1910.120). The General
Contractor shall be responsible for the health and safety of their employees as well as for
compliance with all applicable federal, state, and local laws and guidelines.
E. Transportation
As discussed in Section 4.17 (Transportation) of the Initial Study, the project would
generate a significant and unavoidable VMT impact. The project would implement
mitigation measure MM TRN-1 to reduce its contribution to cumulative VMT impacts in
the City, but not to a less than significant level. However, the 2040 General Plan EIR was
adopted with a statement of overriding considerations for VMT finding that economic,
legal, and social considerations of the Gilroy 2040 General Plan outweigh the significant,
unavoidable impacts on VMT.
8
MM TRN-1: Reduce Project VMT. The project applicant shall hire a qualified
transportation consultant to develop and implement Transportation Demand
Management (TDM) strategies for the project to reduce the project’s vehicle miles
traveled (VMT) per capita to the extent feasible. These TDM strategies shall be
implemented concurrently with the occupation of the completed residences on-site. A
report summarizing the feasible TDM strategies and the plan for implementation shall be
submitted to the City for review and approval prior to issuance of building permits.
Documentation showing proof of implementation of the approved TDM strategies and
implementation plan summarized in this report shall be submitted to the City within one
year of issuance of the occupancy permit for the last residence in the final phase of
development.
Santa Clara Valley Habitat Plan: The site is subject to the Santa Clara Valley Habitat
Plan/Natural Community Conservation Plan (Habitat Plan). To determine land cover
classifications present on-site, an Existing Conditions and Biological Constraints Report
was prepared in May 2023 and further refined in March 2024 in the Biological Resources
Report (Appendix C). Surveys were performed to verify the existing conditions on-site.
The survey findings are discussed in Section 4.1.1.2 (Existing Conditions) of the Initial
Study. The Initial Study includes an extensive analysis of the project’s compliance with
the Habitat Plan.
Following that analysis, the applicant revised the tentative map to include riparian
easements to prohibit encroachment into riparian setback areas within the individual lots.
Any unmitigated encroachment would require an exception from the Habitat Plan Agency.
If the exception is not granted under the Habitat Plan, the project shall modify the project
design to comply with Habitat Plan requirements.
HT Harvey, the consultant that prepared the Biological Resources Report and associated
mitigation measures for the project will prepare all required Habitat Plan application
materials and requirements including the coverage screening form, fees and conditions
worksheet, and formal application.
STAFF ANALYSIS
The project has been reviewed by all City departments (e.g., Fire, Police, Engineering,
Building, and Planning) and applicable agencies (e.g., Valley Water). Based on this
review, conditions of approval have been prepared in conformance with the requirements
of City Code.
Subject Property and Surrounding Land Uses: The 37.5-acre site is presently
undeveloped. The following table identifies the existing land uses and the General Plan
and Zoning designations of the project site and surrounding properties.
9
LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Project Site Undeveloped Hillside Residential A1 - Agriculture
District
North Residential uses Glen Loma Ranch
Specific Plan
Glen Loma Ranch
Specific Plan
South Residential uses Hillside Residential RH - Residential
Hillside
East Residential uses,
Church
Low Density
Residential
R1 - Single Family
Residential
West Limited public utility
infrastructure facilities
Hillside Residential
and Open Space
RH - Residential
Hillside
Proposed Street Names: The names of the new private streets have been reviewed and
approved by the City of Gilroy Street Naming Task Force, which includes representatives
from the Police, Fire, Engineering, Building, and Planning Divisions.
Tentative Map Application TM 22-02: TM 22-02 would subdivide an approximately 37.5-
acre site for development of 54 detached single-family residential units. The subject
property (APN # 810-23-005) is located south of Santa Teresa Boulevard and
north/northeast of Miller Avenue. The parcel is undeveloped, and currently contains
vegetation, a pond, creek and creek bed, debris, and storage containers. Surrounding
land uses include residential uses to the north, east, and south, and a church to the east.
Density: The Gilroy 2040 General Plan (General Plan) land use designation for the
project site is Hillside Residential, which allows for development of residential uses at a
density of one to four dwelling units per net acre (du/ac). The proposed density is
approximately 3.18 units per net acre, which is within range of the allowable density.
A gross acre is an acre of land, including streets and right-of-ways, designated for a
specific use. A net acre is the remaining land excluding streets, public right-of-ways, non-
residential land uses (e.g., preserved open space) and other public facilities. In urban
areas net acreage is normally 20 to 25 percent less for a given area than gross acreage;
however the net acreage of this site is much lower due to the non-residential open space
on the property. After deducting the private streets (2.46 acres), open space (17.72
acres), and Miller Avenue Right-of-Way (0.35 acres), the remaining net acreage is
approximately 16.97 net acres. Therefore, the proposed density is approximately 3.18
units per net acre (54 units / 16.97 net acres).
Open Space/Preserved Area: Approximately 47 percent of the site (17.72 acres) will be
maintained as preserved open space, natural vegetation, creek, and riparian habitat area.
10
Site Layout, Lot Sizes and Phasing: The project would be developed in two phases,
following review and approval of an Architectural and Site Review permit application,
grading permit, and building permit. Phase 1 would include construction of 40 residences
on the eastern half of the site (“eastern residences”). The lot areas for the eastern
residences would range from approximately 6,660 to 12,070 square feet. The project
would also construct a seven-foot-tall sound wall or equivalent feature (e.g., landscaped
berm) along the northern and eastern property boundaries. Phase 2 would include
construction of the remaining 14 residences on the western half of the site (“western
residences”) in two groups. The northwestern group would include 11 residences and the
southwestern group would include three (3) residences. The northwestern group would
be located north of the creek bed, and the southwestern group would be located south of
the creek bed. The lot areas for the western residences would range from approximately
8,990 to 61,050 square feet.
Site Access, Circulation, and Parking: Primary vehicle access to the project site would
be provided via four new streets off Miller Avenue. In phase 1, Empire Way and Princess
Court would provide access to the 40 eastern residences. Princess Court would be a
north-south street that terminates at the northern site boundary in a cul-de-sac.
Secondary access for emergency vehicles only would be provided via Princess Court
from Santa Teresa Boulevard. Empire Way extends from Miller Avenue to the north, then
curves to the east to intersect with Princess Court. Access to a new cul-de-sac, Empire
Circle, would also be provided from Empire Way. In phase 2, the northwestern group of
residences would be accessed via the newly constructed Royalty Court, and the
southwestern group of residences would be accessed via the newly constructed Empire
Court. Vehicle access to the club house would be provided through a separate driveway
off Royalty Court. This driveway would lead to a dedicated parking lot with 30 stalls for
club house visitors. Parking for each of the residences would be provided consistent with
City Code requirements. Pedestrian access to the residences would be provided via new
sidewalks on Miller Avenue and the new streets.
Site Improvements: The project would construct new domestic water, storm drain, and
sanitary sewer connections for each residence. The existing overhead electrical lines on
the site would be undergrounded, and these lines would provide electric service to the
site. The new sidewalks constructed along Miller Avenue would be approximately six feet
wide. The project would also install streetlights at each of the new intersections with Miller
Avenue.
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PLANNING COMMISSION REVIEW: Pursuant to Gilroy City Code (GCC) Section 21.41
(Action on Tentative Map) and Article 30.52 (Amendment to the Zoning Ordinance), the
Planning Commission shall hold a public hearing and submit its timely recommendation
to the City Council (tentatively scheduled for February 24, 2025).
Staff is recommending approval of both entitlements, however the Tentative Map and
Zoning Map Amendment application (either or both) may be denied by the Planning
Commission. If the Zoning Map application is denied, including a denial without prejudice,
the Planning Commission shall adopt a Resolution. In the case of a recommendation of
approval, the Planning Commission shall make findings demonstrating that the Zoning
Map Amendment is necessary to carry out the general purpose of the Zoning Ordinance
and applicable General Plan goals and policies. The Tentative Map can be denied if the
proposed development is a use prohibited by City Code, statute, law or other valid
regulation, or if the land is subject to severe flood hazard or severe inundation; or if any
of the negative findings from the Subdivision Map Act can be made.
Staff has provided the recommended findings for approval for both entitlements based on
substantial evidence in the record that support a recommendation of approval.
ZONING MAP AMENDMENT (Z 22-03) ANALYSIS
The project proposes a Zoning Map Amendment to rezone the property to RH
(Residential Hillside) to allow for immediate consideration of the proposed project.
12
Staff is recommending approval of Z 22-03. However, the Zoning Map can be denied if
the Planning Commission determined that the Zoning Map Amendment would not carry
out the general purpose of the Zoning Ordinance and applicable General Plan goals and
policies. A discussion of the project’s consistency with the General Plan is discussed
further in this staff report.
Furthermore, pursuant to Government Code 65860(a), a City’s Zoning Ordinance shall
be consistent with the City’s General Plan. Under 65860(c)(2), if a local agency (City)
receives a development application for a project that has a zoning designation that is
inconsistent with the General Plan, the City shall amend the Zoning Ordinance. The City
shall not enforce zoning that is inconsistent with the General Plan. The City shall also
“facilitate and accommodate development at the density allowed on the site by the
General Plan and proposed by the development project”.
The subject property would be rezoned with or without the proposed project consistent
with the adopted 2040 General Plan Hillside Residential land use designation, as part of
the planned update of the Gilroy Zoning Map and Zoning Ordinance. The intent of the
Residential Hillside district is to: (a) to protect the public health, safety, and welfare in
regard to hillsides and hillside development; (b) to protect the views and vistas of
surrounding hillsides, hilltops and ridge lines; (c) to protect the natural settings and terrain
of Gilroy’s hills and valleys; and (d) to coordinate with regional and county plans, and
implement all city policies, guidelines, and plans pertaining to hillside development.
As noted in the background section of this staff report, rezoning the subject property was
explicitly discussed by the Planning Commission and City Council prior to adoption of the
2040 General Plan. The adopted and certified Environmental Impact Report for the 2040
General Plan included a section on agricultural resources and noted that lands in the
Agricultural Zoning District are expected to be urbanized in accordance with the General
Plan. The City adopted an Agricultural Mitigation Policy to mitigate the potential impacts
of urbanizing agricultural land; however, the property is not subject to that Policy because
the property is not considered Prime Farmland or Farmland of Statewide Importance,
further illustrating that the subject property is not intended to be preserved for agricultural
uses. Viable agricultural lands are protected through the City’s Urban Growth Boundary.
General Plan Consistency: The General Plan is a comprehensive, long-range, general
policy statement for the entire community. The General Plan designates appropriate
locations and densities for residential, commercial, industrial, agricultural, public, and
open space uses. Pursuant to Gilroy City Code Section 30.1.40 9 (Relationship of the
Zoning Ordinance and the General Plan), the Zoning Ordinance shall be consistent with
the Gilroy General Plan. Where inconsistencies do exist, the General Plan shall control
the use and development of such land until such time as the City Council revises the
Zoning Ordinance to achieve consistency. The Zoning Ordinance is the primary tool by
which the city implements the policies of the General Plan. The Zoning Ordinance controls
the use, type, bulk, height, space and location of buildings and land within the designated
Zoning District.
13
General Purpose of the Zoning Ordinance: Pursuant to Section 30.1.10 (Statement of
intent), the intent of the Zoning Ordinance is to promote and protect the public health,
safety, peace, comfort, convenience and general welfare, and in particular: assist in
providing a definite comprehensive plan for sound and orderly development, and to guide
and regulate each development in accordance with the general plan and the objectives
and standards set forth therein; protect and improve the established character and the
social and economic stability of agricultural, residential, commercial, industrial and other
areas of Gilroy; provide light, air, privacy and convenience of access to property; and to
promote safety from fire and other dangers; prevent overcrowding of land and undue
congestion of population; regulate the location of buildings and the use of buildings and
land so as to prevent undue interference with existing or prospective traffic movements
on public thoroughfares; and prezone unincorporated territory adjoining the city for the
purpose of determining the zoning that shall apply to such property in the event of
subsequent annexation to the city.
Site Development. As discussed in Section 4.1 (Aesthetics) on pages 16 through 29 of
the Final Initial Study/MND), the project would comply with the design and siting criteria
specified in the Residential Hillside Zoning District regulations (Article IX) and in the City’s
adopted Hillside Development Guidelines (Section 30.9.60) by minimizing alterations to
existing contours, maintaining as many existing trees as feasible, using colors and
materials compatible with the surrounding landscape, and complying with the City’s street
standards. Compliance with these City policies, guidelines, and regulations would ensure
that the project would be consistent with the City’s requirements for development in
hillside areas. The project will also be required to comply with General Plan Policy LU 3.9
(Hillside Development) by minimizing grading to retain a natural hillside setting, clustering
the dwelling units, and designing the private streets within the development to preserve
the ecological and scenic character of the hillsides.
Height and Setback Requirements. Structures shall be limited to a maximum height of
thirty (30) feet measured from grade along the perimeter of the dwelling to the ridge of
the roof. Building setbacks shall adhere to the (R1) single-family residential standards or
as specified in any Planned Unit Development (PUD) requested by the applicant and
approved by the City Council upon recommendation by the Planning Commission. A PUD
may be desirable due to the unique riparian setback requirements, clustering of
residential homes, and plans for a private clubhouse.
TENTATIVE MAP (TM 22-02) ANALYSIS
The project proposes to subdivide an approximately 37.5-acre site for development of 54
detached single-family residential units.
Staff is recommending approval of TM 22-02. However, the Tentative Map can be denied
if the proposed development is a use prohibited by City Code, statute, law or other valid
regulation, or if the land is subject to severe flood hazard or severe inundation; or if any
of the negative findings from the Subdivision Map Act can be made. As noted below, the
proposed development would not be subject to severe flood hazard or severe inundation.
A list of the negative findings in support of the project is discussed further in this staff
14
report and provided in the attached draft resolution for the Tentative Map.
Flood Zone: According to the FEMA Flood Insurance Rate Maps, the project site is
located within Zone D, which indicates an area with unknown flood risks; however the
project site is not located within a 100-year flood zone or considered a special hazard
flood zone. The project site is not located within any dam failure inundation area.
Furthermore, the General Plan EIR concluded that implementation of General Plan goals
and policies and compliance with the City Code, the City’s Floodplain Management
Ordinance, and RWQCB storm water infiltration requirements would reduce flood risk to
a less than significant level. Therefore, approval of the Tentative Map can be supported
as it relates to flood hazards.
Tentative Map Findings: Pursuant to Government Code section 66473.5, for a city to
approve a subdivision map, it must make a finding that a proposed subdivision is
consistent with its general plan. Government Code Section 66474 further provides that a
city shall deny approval of a tentative tract or parcel map if it makes any one of seven
specific “negative” findings. Thus, for a city to approve a tentative tract or parcel map, it
must find the inverse of the following seven “negative” findings in section 66474.
a. That the proposed subdivision is not consistent with applicable general and specific
plans as specified in Section 65451.
b. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
c. That the site is not physically suitable for the type of development.
d. That the site is not physically suitable for the proposed density of development.
e. That the design of the proposed subdivision or the proposed improvements are likely
to cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat.
f. That the design of the subdivision or type of improvements is likely to cause serious
public health problems.
g. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the governing body may approve
a map if it finds that alternate easements, for access or for use, will be provided, and
that these will be substantially equivalent to ones previously acquired by the public.
This subsection shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is hereby granted to
a legislative body to determine that the public at large has acquired easements for
access through or use of property within the proposed subdivision.
15
As provided in attached draft resolution for the Tentative Map (TM 22-02) and the
information below, the above seven findings can be made in the negative, supporting a
Planning Commission recommendation of approval, as conditioned in the attached draft
resolution, including all mitigation measures.
As described under the General Plan Consistency analysis, the proposed Tentative Map
(TM 22-02) is consistent with the intent of the goals and policies of the Gilroy 2040
General Plan (Findings a. and b.). Physical suitability for the type of development
proposed was analyzed in the Initial Study for the project (Finding c). The adopted Gilroy
20240 General Plan and EIR anticipated a Hillside Residential development on the
property with a density up to four units per acre and the proposed development has a
density of approximately 3.18 units per net acre (Finding d.). The design of the subdivision
and the proposed improvements will not cause substantial environmental damage, or
substantially injure fish or wildlife or cause serious public health problems because the
proposed Tentative Map includes appropriate conditions of approval and mitigation
measures in conformance with the Initial Study and Mitigated Negative Declaration for
the project (Findings e. and f.). Pursuant to the conditions of approval for the project, all
new, relocated, alternate, or abandoned easements shall be reviewed and approved by
the Gilroy Engineering Division or the appropriate governmental agency (e.g., utility
company) (Finding g.).
GENERAL PLAN CONSISTENCY
The proposed Zoning Map Amendment (Z 22-03) and Tentative Map application (TM 24-
02) are consistent with the goals and policies of the General Plan, as discussed below:
POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
Gilroy 2023-2031 Housing Element
Housing Element Goal 1 (Housing
Production). Provide adequate
residential sites to accommodate
projected housing needs and
encourage the production of a variety
of housing types.
Housing Element Goal 2 (Removal
of Government Constraints).
Remove or reduce governmental
constraints to the development,
improvement, and maintenance of
housing where feasible and legally
permissible.
The proposed Zoning Map Amendment and
Tentative Map application would potentially
add 54 new single-family residential units to
the City’s housing stock.
The current zoning designation is not
consistent with the Gilroy 2040 General Plan
Hillside Residential land use designation,
acting as a constraint to the development of
housing on the subject property as envisioned
by the Gilroy 2040 General Plan. The Zoning
Map amendment shall be processed with or
without the project pursuant to Government
Code 65860 (Zoning ordinances consistent
with general plan) and City Code Section
16
POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
30.1.40(b) (Relationship of the Zoning
Ordinance and the general plan).
Gilroy 2040 General Plan Land Use (LU) Policies
LU 1.1 Pattern of Development
Ensure an orderly, contiguous pattern
of development that prioritizes infill
development, phases new
development, encourages
compactness and efficiency, preserves
surrounding open space and
agricultural resources, and avoids land
use incompatibilities.
LU 1.2 Residential Growth.
Encourage new residential
development to locate within the
existing Urban Service Area prior to
considering expansion of the Urban
Service Area.
LU 1.8 Vacant and Underutilized
Sites. Monitor vacant and underutilized
residential and non-residential land to
encourage infill development on those
sites.
LU 1.11 Contiguous Development.
Strongly discourage development that
is not contiguous with existing urban
development.
The property will be developed in two phases
and organized in three compact clusters to
limit the amount of grading and preserve the
main biological features on-site, including the
creek, pond, and associated natural flora.
Detached single-family homes are compatible
with the surrounding detached single-family
homes.
The subject property is located in the City’s
existing Urban Service Area and the City’s
Urban Growth Boundary.
The subject property is currently vacant and
underutilized which has caused some public
nuisance issues including trespassing and
unhoused activity prompting service calls to
the Gilroy Police Department.
The subject property is surrounded by
residential uses to the north, east, and south,
and a church to the east. The property is also
surrounded by Santa Teresa Boulevard to the
north and Miller Avenue to the west and south.
LU 3.2 Connectivity. Encourage new
residential development to incorporate
design features that promote walking
and connectivity between blocks.
The project would construct new,
approximately six-foot-wide sidewalks along
the project frontage on Miller Avenue and
along the new internal roads on-site,
enhancing the existing pedestrian network on
and adjacent to the site.
LU 3.9 Hillside Development.
Minimize grading to new developments
to retain a natural hillside setting.
The project would redevelop the hillside area
between Miller Avenue and Santa Teresa
Boulevard with low-density housing,
17
POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
Clustered dwelling units in hillside
areas shall be encouraged. Encourage
roadways that pass through
subdivisions and individual sites in
hillside areas to be designed to
preserve the ecological and scenic
character of the hillsides.
consistent with the site’s General Plan
designation. This development would be
organized in three clusters to preserve the
main biological features on-site including the
creek, pond, and associated natural flora,
avoid development within most of the riparian
setback areas and get an exception for any
encroachment, consistent with the Habitat
Plan.
The project would comply with the design and
siting criteria specified in the Residential
Hillside Zoning District regulations and in the
City’s adopted Hillside Development
Guidelines by minimizing alterations to
existing contours, maintaining as many
existing trees as feasible, using colors and
materials compatible with the surrounding
landscape, and complying with the City’s
street standards. In addition, the project would
undergo the Architectural and Site Review
process to ensure impacts to the scenic
character of the site and surrounding area are
limited to the extent feasible.
LU 3.11 Noise Mitigation Design.
When requiring noise impact mitigation
as a part of new and/or expanded
development, promote the use of
techniques less visually intrusive than
sound walls, including but not limited to
site design techniques, earth berms,
and sound attenuation fencing with
wood or other materials that are more
compatible with the site and
surrounding area.
The project would construct a seven-foot-tall
sound wall or equivalent feature (e.g.,
landscaped berm) on portions of the northern
and northeastern property boundaries of the
property. The soundwall would be designed to
incorporate landscape buffers, consistent with
the requirements of the City’s Sound
Attenuation Policy. The design of the
soundwall and landscaped buffer will be
reviewed when architectural plans are
submitted for City review.
LU 6.3 Agricultural Uses within the
Planning Area. Encourage agriculture
on land designated as “Rural County”
as a compatible use in undeveloped
portions of the Planning Area.
The property is not designated as Rural
County in the General Plan and is therefore
not intended for agricultural uses. The site will
be rezoned from A1 (Agricultural District) to
RH (Residential Hillside), consistent with the
18
POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
LU 6.7 Agricultural Mitigation.
Maintain and implement an Agricultural
Mitigation Program to protect
productive agricultural lands outside
the Urban Growth Boundary from
urban encroachment and to establish
the mitigation requirements for loss of
agricultural lands to new development.
General Plan Hillside Residential land use
designation.
The subject property is located within the
Urban Growth Boundary and is not subject to
the City’s Agricultural Mitigation Policy
because the site is not designated as not
considered Prime Farmland or Farmland of
Statewide Importance, further illustrating that
the subject property is not intended to be
preserved for agricultural uses.
LU 8.6 Utility Undergrounding.
Proceed with the undergrounding of
existing overhead utility lines
throughout the city, as funding allows,
and require undergrounding of utilities
in all new developments.
The existing overhead electrical lines would
be undergrounded to provide service to the
new residential units. The undergrounding will
also improve the aesthetic character of the
project and surrounding area.
LU 8.8 Clustered Development.
Encourage clustered development as a
strategy for achieving desired densities
while protecting fragile environmental
habitats or natural features creating
amenity open spaces and achieving
other community design goals.
The residential development on-site would be
organized in three compact clusters to limit
the amount of grading required and preserve
the main biological features on-site, including
the creek, pond, and associated natural flora.
Gilroy 2040 General Plan Mobility (M) Policies
M 1.4 Residential Traffic. Protect
residential streets from excess traffic.
M 1.10 Private Streets. Require
private streets to function similar to
public streets. Private streets shall
include sidewalks, street trees, and
promote connectivity.
M 5.1 Standard Level of Service
(LOS). Maintain traffic conditions at
LOS C or better at Gilroy intersections
and roadways, allowing some
commercial and industrial areas (e.g.,
The project would construct new,
approximately six-foot-wide sidewalks along
the project frontage on Miller Avenue and
along the new internal roads on-site,
enhancing the existing pedestrian network on
and adjacent to the site. The applicant shall
also install new curb and gutter as part of the
project. The applicant shall plant street trees
along the project frontage to match the City of
Gilroy’s Street Tree Plan.
The environmental analysis for the project
studied existing, project level and cumulative
traffic conditions at three intersections located
19
POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
downtown Gilroy, First Street corridor)
to operate at LOS D or better. Existing
LOS D areas within City include the
Gilroy Premium outlets, Gilroy
Crossings, and Regency Commercial
areas. Exceptions to this standard will
be allowed only where the City Council
determines that. the improvements
needed to maintain the City’ s standard
level of service at specific locations are
infeasible.
at Miller Avenue and Santa Teresa Boulevard
(roundabout), Thomas Road and Santa
Teresa Boulevard (signalized), and Thomas
Road and Mesa Road (unsignalized). The
results of the intersection Level of Servie
(LOS) analysis show that all of the study
intersections currently operate and are
projected to continue to operate at acceptable
levels of service during the peak hours with
the project under all study conditions.
Therefore, the proposed project would not
have an adverse LOS effect on any of the
study intersections. LOS is a description of
traffic flow from the driver’s perspective based
on factors such as speed, travel time, delay,
and freedom to maneuver.
Gilroy 2040 General Plan Natural and Cultural Resources (NCR) Policies
NCR 1.1 Habitat Plan Compliance.
For all covered activities throughout
the city, comply fully with permit
conditions of the Santa Clara Valley
Habitat Plan. This will protect natural
resources by minimizing impacts on
sensitive natural communities and 18
covered species, facilitating wildlife
movement, and establishing stream
setbacks and buffers. Associated
permit fees will be used for reserve
system preservation, habitat
enhancement and restoration, and
adaptive management and monitoring.
The project shall comply with all applicable
Habitat Plan conditions to reduce impacts to
sensitive natural communities on-site. In
addition, the project would pay land cover fees
for all affected land cover types, including
specialty impact fees for impacts to mixed
riparian woodland and forest, seasonal
wetland, serpentine bunchgrass grassland,
and serpentine rock outcrop land cover types.
Payment of these fees would contribute to the
Habitat Plan’s conservation program, which
includes habitat acquisition, restoration,
preservation, and management targeted at
these sensitive habitat types in the region.
NCR 1.2 Stream Protection. In
concert with the Habitat Plan, protect
the ecological, aesthetic, and
recreational value of the streams that
flow through the Gilroy Planning Area.
Areas required for riparian setbacks
shall be dedicated to Valley Water in
fee or easement, or incorporated into
Babbs Canyon Creek is classified as an
intermittent stream with a short hydroperiod
and shallow depth of water during the wet
season. Another unnamed creek that is a
tributary to Babbs Canyon Creek runs along
the northern boundary of the site. The
manmade pond in the center of the site is fed
by Babbs Canyon Creek and drains through
20
POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
private open space to be preserved
and maintained by future development
projects. Access to streams should be
of sufficient width to accommodate
trails, flood control access, and
protection of riparian habitat.
coastal and valley freshwater marsh habitat
areas that are associated with Babbs Canyon
Creek. For Category 2 streams, including
Babbs Canyon Creek and its tributaries on the
project site, the Habitat Plan requires a
setback of 35 feet from the top of bank, or, if
riparian habitat is present, 35 feet from the
riparian edge. The setback is applicable to all
proposed project components including the
new residential units, clubhouse, streets,
parking area, and other structures. The only
project component allowed in a riparian
setback area would be the proposed
sidewalks, which are exempt from the setback
requirements. Once the design of the
residences and club house on-site is finalized,
the project would undergo the Architectural
and Site Review process to ensure that all
design features and construction activities are
consistent with the requirements and
procedures outlined in the Habitat Plan and
the Guidelines and Standards for Land Use
Near Streams, where applicable.
NCR 1.3 Riparian Setbacks. Riparian
setback areas shall be required of all
new development, consistent with the
requirements of the Habitat Plan and
other City regulations. Exceptions to
the riparian setbacks requirements
may be allowed in a minority of cases,
with the approval of the City Council,
consistent with the Habitat Plan.
The project would result in permanent impacts
to 0.47 acre of the riparian setback areas on-
site. However, 0.04 acre of that would include
the new sidewalks, which are an allowable
use within riparian setbacks under the Habitat
Plan. The remaining encroachment,
approximately 0.43 acre, would result from
development of the residential lots, whose
margins overlap the setback boundary at
various locations throughout the site. To
develop within these encroachment areas, the
project would apply for an exception to the
Habitat Plan requirements.
However, to minimize encroachment into the
riparian setback, the applicant modified the
site plan / tentative map to include a riparian
easement for any riparian setback area that
21
POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
encroaches into a proposed property line for
the individual residential lots; thereby
reducing the encroachment to only the
sidewalk area which are allowed to encroach.
With implementation of mitigation measure
MM BIO-2, the project would compensate for
the encroachments into the riparian setback
area on-site by enhancing portions of the
abundant riparian setback areas remaining
on-site.
NCR 1.4 Plant and Wildlife Habitats
In concert with Habitat Plan
requirements, preserve important plant
and wildlife habitats, including streams
and riparian habitats, wildlife
movement corridors, heavily vegetated
hillside areas, unique ecosystems
(such as oak woodlands and
serpentine substrates), and significant
nesting/denning sites for native wildlife.
Special-status plant surveys were completed
on-site and determined that special-status
plants are not present on-site and would not
be significantly impacted by the project.
The project site does not support regionally
important dispersal movement by large,
mobile wildlife species, therefore, no
significant impacts on wildlife movement
would result from the project. Agricultural and
urban development over the last century have
curtailed cross-valley movement near the
project site. While riparian habitat is present
on-site, it lacks direct connectivity (both
terrestrial andhydrological) to larger, more
diverse riparian corridors in the region. Based
on these factors, it does not currently function
as a biologically significant movement
corridor.
The proposed project has the potential to
affect small-scale, local movement by animals
that currently reside on the site and
surrounding suburban and agricultural areas.
However, this impact would not be significant
because these animals are commonly
occurring, primarily urban-adapted, and
regionally abundant species. In addition, the
project would pay impact fees pursuant to
Habitat Plan requirements which would fund
the Habitat Plan’s Reserve System. This
22
POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
Reserve System would protect and enhance
movement pathways on a regional scale,
including natural communities inside and
outside of the Reserve System.
NCR 1.10 Light Pollution. Encourage
measures to limit light pollution from
outdoor sources, and direct outdoor
lighting downward and away from
wildlife habitat areas.
Parking lot and exterior light fixtures shall be
full cutoff type so that lighting is directed
downward only, prohibiting spillover light
beyond property lines, or towards the riparian
corridor on-site, or from being directed upward
into the sky.
Gilroy 2040 General Plan Public Facilities and Services (PFS) Policies
PFS 1.11 Development Impact Fees
Require applicants for new
development to pay Development
Impact Fees for traffic circulation,
water, wastewater, storm water and
public facilities to offset the costs of
expanding these as detailed by the
impact fee nexus study.
PFS 3.6 Water Infrastructure Ensure
that water infrastructure is in place or
required in conditions of approval prior
to approving new development.
The Tentative Map resolution includes a
condition of approval requiring Street Tree,
Storm, Sewer, Water, Traffic, and Public
Facilities Development Impact Fees. The
draft resolution also includes several
conditions of approval to ensure that the
project meets the needs of future residents in
the proposed development, including but not
limited to grading and drainage, utilities, water
lines and related facilities, water quality,
stormwater, and public improvements (e.g.,
frontage improvements).
PUBLIC NOTICING:
On July 29, 2024, staff mailed 159 notices to residents and property owners within a 500-
foot radius of the subject property, utilizing data from the County Assessor. The notice
contained a general description of the project, a statement of intent to adopt a Mitigated
Negative Declaration (MND) for the project in accordance with the California
Environmental Quality Act (CEQA), the review period for comments, and the online URL
and physical location where the CEQA documents can be reviewed.
On August 1, 2024, staff sent a copy of the Notice of Intent to adopt a Mitigated Negative
Declaration to the following organizations: Valley Water, Bay Area Air Quality
Management District, Gilroy Unified School District, Pacific Gas & Electric, California
Regional Water Quality Control Board Central Coast Region, California Department of
Fish & Wildlife Central Coast Region, and other organizations requesting notice.
23
On August 1, 2024, staff recorded the Notice of Intent to adopt a Mitigated Negative
Declaration with the Santa Clara County Clerk-Recorder and also uploaded the CEQA
Initial Study and the Notice of Intent to the California Office of Planning and Research
web portal which is then distributed to 15 governmental agencies.
On December 23, 2024, staff sent a notice regarding the proposed tentative map and
advertising the January 16th Planning Commission meeting and the February 24th City
Council meeting to the following organizations: Charter Communications, Verizon
Communications, Pacific Gas & Electric Company, Gilroy Unified School District, Gavilan
College, Valley Water, Santa Clara County Roads and Airports Department, and Santa
Clara Valley Transportation Agency (VTA).
On December 26, 2024, staff mailed 159 notices to residents and property owners within
a 500-foot radius of the subject property, utilizing data from the County Assessor. The
notice contained the date, time, and location of the January 16th Public Hearing, a general
description of the project, the CEQA determination, and the online URL for the dedicated
project website where more information about the project, including the CEQA documents
can be reviewed.
On January 3, 2025, a notice was published in the Gilroy Dispatch with the date, time,
and location of the January 16th Public Hearing, a general description of the project, the
CEQA determination, and the online URL for the dedicated project website where more
information about the project, including the CEQA documents can be reviewed..
On January 6, 2024, staff emailed a response to comments to each of the five
organizations who had provided comments on the Draft Initial Study and Mitigated
Negative Declaration (MND), as provided under the public comments section below.
On January 6, 2024, staff published the organizational comments and City response on
the project’s dedicated webpage.
On January 10, 2025, staff sent an email to each of the residents that had previously
provided comments with a copy of the City’s response, a link to the Planning Commission
staff report and packet, and a link to the dedicated project webpage for more information
including the CEQA documents.
The property has also been posted with two on-site 4-foot by 8-foot billboard signs
notifying passersby of pending development. In addition, the Planning Commission public
hearing packets are available through the City's webpage, and the City has created a
dedicated webpage for the proposed development, as noted above.
Public Comments (as of January 8, 2025)
Resident Comments: Between August 27, 2024 and September 4, 2024, the City
received 16 letters from residents following the July 29, 2024 notice. All comments on
the project (including any future comments) will be considered by the Planning
Commission and City Council prior to making a decision on the project. A copy of all of
the comment letters has been attached to this staff report along with a response to the
comments organized into 11 broad categories since many of the comments were similar
24
in nature. The comments can generally be summarized into the following broad
categories: General Plan compliance and Guiding Principles / Rezoning from
Agriculture to Hillside Residential; hillside preservation measures; views, 7’ tall sound
wall; traffic; noise; strain on existing infrastructure including roads, schools, water,
sewer, police, and fire; natural habitats / wildlife movement; light pollution; Fire
Department use of pond; and public notice.
Organization Comments: Between August 26, 2024 and September 4, 2024, the City
received four (4) comment letters from governmental agencies and one (1) comment
letter from a local advocacy group following the Notice of Intent to adopt the Mitigated
Negative Declaration (MND). Comment letters were received from California Fish and
Wildlife, Caltrans, the Santa Clara Valley Bird Alliance and the Sierra Club Loma Prieta
Chapter (together), Valley Water, and the Gilroy Bicycle Pedestrian Advisory
Committee. A copy of all of the comment letters has been attached to this staff report
along with a response to the comments.
NEXT STEPS / APPEAL PROCEDURE:
If the Planning Commission recommends approval, the City Council is the decision-
making body for approval of the application, including both the Tentative Map and the
Zoning Map Amendment. If the Planning Commission denies the application (which is not
recommended), the decision shall be final and conclusive unless appealed to the City
Council. In such case, staff would likely need to schedule another public hearing to
prepare and adopt a resolution of denial. The project is tentatively scheduled for the
February 24, 2025 City Council meeting.
The Engineering Division will process the final map in accordance with the Subdivision
Map Act and City Code Chapter 21 (Subdivisions and Land Development) once the
tentative maps have been approved. In accordance with Section 21.41(i) of the Gilroy
City Code, initial approval of a tentative map is valid for twenty-four (24) months. Such
approval may only be extended at the Council’s discretion.
ATTACHMENTS
1. Location Map
2. Tentative Map plans
3. Draft Tentative Map (TM 22-02) Resolution
4. Draft Zoning Map Amendment (Z 22-03) Ordinance
5. Draft Zoning Map Amendment Exhibit A
6. Resident comments (and City response) as of January 8, 2025
7. Organization comments (and City response) as of January 8, 2025
8. Mitigated Negative Declaration (MND)
9. Mitigation Monitoring and Reporting Program (MMRP)
10. Final Initial Study (link)
11. Appendix A: Construction Health Risk and Greenhouse Gas Emissions
Assessment (link)
25
12. Appendix B: Arborist Report (link)
13. Appendix C: Biological Resources Report (link)
14. Appendix D: Geotechnical Reports (link)
15. Appendix E: Phase I/II Environmental Site Assessments (link)
16. Appendix F: Environmental Noise Assessment and Peer Review (link)
17. Appendix G: Transportation Analysis (link)
Note: Map is for reference purposes only.
Ren Fu Villa Residential Project
16,000
City of Gilroy, GIS Services
0.5
1:NAD_1983_StatePlane_California_III_FIPS_0403_Feet
0.25 Miles0.50
City of Gilroy
CIVIL ENGINEERS LAND SURVEYORS
CONSTRUCTION MANAGERS
HANNA-B UN TTI
EST. 1910
7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA
OFFICE (408) 842-2173 FAX (408) 842-3662
EMAIL: ENGINEERING @ HANNABRUNETTI.COM1 Tentative Map
Ren Fu Villa - Miller Avenue - apn 810-23-005Santa Clara County, CaliforniaCity of Gilroyin theRen Fu Villa - Miller AvenueforTentative Mapapn 810-23-005S a n t a T e r e s a B l v dM i l l e r A v e n u eP h a s e T w oP h a s e T w oP h a s e O n eSheet 5Sheet 5Sheet 6Sheet 6Sheet 8Sheet 8Sheet 7
CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM2Existing Topography MapRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANS
CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM3Site Plan / Tentative MapRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANSP H A S E O N EP H A S E T W OSEE SHEET 8SEE SHEET 8SEE SHEET 6SEE SHEET 6SEE SHEET 5SEE SHEET 5SEE SHEET 7R o y a l t y C o u r tE m p i r eC o u r tE m
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CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM4Utility PlanRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANS
CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM5Grading & Drainage Plan - Phase OneRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANS
CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM6Grading & Drainage Plan - Phase TwoRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANSMATCH LINESEE SHEET 7
CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM7Grading & Drainage Plan - Phase TwoRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANSMATCH L
INESEE SHEET
6
CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM8Grading & Drainage Plan - Phase TwoRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANS
CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM9Earthwork - Cut/Fill PlanRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANS
CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM10Section & DetailsRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANS
CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM11DetailsRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANS
CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM12Striping PlanRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANSSTOPSTOPSTOPSTOP
STOPSTOP
CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM13Fire Truck Circulation PlanRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANS
CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM14Stormwater Control PlanRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANSDMA IDDESCRIPTIONOF AREATOTALAREA(SF)PERVIOUSAREA(SF)(N) IMPERVIOUSAREA(SF)TREATMENTMETHOD(SCM)TREATMENTAREA REQ'D(SF)TREATMENTAREAPROVIDED (SF)TIER 3 RETENTIONVOLUME REQ'D(CF)17,41861,366BIORETENTION2,4551,3645,2379,28014,51730,74244,64363000BIORETENTION2,5202,0003669711,3371,5381,8169484BIORETENTION3798452,2046,5918,79511,240154,477219,790BIORETENTION8,79211,5932,9568,09911,05516,774TIER 4 DETENTIONVOLUME REQ'D(CF)TOTAL STORAGEVOLUME REQ'D (CF)TOTAL STORAGEVOLUME PROVIDED(CF)DMA 511,300 SFDMA 153,591 SFDMA 6374,267 SFSCM 5LEGENDSCM 6PERVIOUS / IMPERVIOUS SURFACE COMPARISON TABLEDMA 4107,643 SFDMA 76,117 SFSELF TREATING000000BIORETENTION4823,224SCM 1SCM 2SCM 3SCM 4BIORETENTION526768DMA 212,049 SFDMA 313,144 SFDMA 81,050,234 SFSELF TREATING000000
CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM15Stormwater DetailsRen Fu Villa - Miller Avenue - apn 810-23-005NOT FOR CONSTRUCTIONPRELIMINARY PLANS
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 22-02,
A SUBDIVISION OF AN APPROXIMATE 37.54-ACRE UNDEVELOPED
PROPERTY INTO 54 SINGLE-FAMILY RESIDENTIAL LOTS ON
PROPERTY LOCATED SOUTH OF SANTA TERESA BOULEVARD AND
NORTH/NORTHEAST OF MILLER AVENUE (APN # 810-23-005).
WHEREAS, Susan Wang on behalf of Ren JiZhong submitted an application
requesting a tentative map to subdivide an approximate 37.54-acre site into 54 single-
family residential lots; and
WHEREAS, the subject property is located south of Santa Teresa Boulevard and
north/northeast of Miller Avenue; and
WHEREAS, the Gilroy 2040 General Plan and Land Use Diagram designating the
subject property as Hillside Residential was adopted by the City Council on November 2,
2020; and
WHEREAS, the applicant has filed a concurrent application to change the zoning
designation of the property from A1 (Agriculture District) to RH (Residential Hillside),
consistent with the General Plan land use designation for the property; and
WHEREAS, the adopted and certified Environmental Impact Report for the Gilroy
2040 General Plan included a section on agricultural resources and noted that lands in
the (A1) Agricultural Zoning District are expected to be urbanized in accordance with the
General Plan; and
WHEREAS, in compliance with the California Environmental Quality Act (CEQA),
the City completed an Initial Study to determine whether the proposed project may have
a significant adverse effect on the environment. On the basis of that study, the City
determined that in addition to contributing to the previously disclosed significant and
unavoidable impacts in the Gilroy 2040 General Plan Final Environmental Impact Report
(EIR), the project could result in additional significant effects on the environment;
however, there will not be any significant effect in this case because mitigation measures
are included in the project, and therefore, a Mitigated Negative Declaration (MND) has
been prepared and shall be implemented by the applicant; and
WHEREAS, a Mitigation Monitoring and Reporting Plan (MMRP) has been
prepared that lists the required mitigation measures, the method required for
implementation, the party or permit responsible for implementing the measures, the
timeframe for which the measure is relevant, and a placeholder checklist for future
verification of compliance to help ensure that the designated mitigation measures are
appropriately implemented during all stages of the project including future construction
and project build-out; and
Resolution No. 2025-XX
Page 2
WHEREAS, on January 16, 2025, 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 related
to the proposed Tentative Map (TM 22-02); and
WHEREAS, on January 16, 2025, the Planning Commission considered and
recommended that the City Council adopt the Mitigated Negative Declaration prepared
for the project in accordance with the California Environmental Quality Act (CEQA), adopt
an Ordinance approving Zoning Map Amendment (Z 22-03), and adopt a Resolution
approving Tentative Map (TM 22-02); and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby recommends City Council approval of Tentative Map TM 22-02, pursuant
to Gilroy City Code Chapter 21 and subject to the filing and approval of a final map, based
on the fact that the proposed development would not be subject to severe flood hazard
or severe inundation and the findings required for denial of the map pursuant to
Government Code Section 66474 are not made, as follows:
A. The proposed subdivision is not consistent with applicable general and specific plans
as specified in 65451.
This Finding cannot be made. No Specific Plan is associated with or required for the
development and the proposed subdivision is consistent with the Gilroy 2040
General Plan Hillside Residential land use designation for the property and the
2023-2031 Housing Element Goal 1 (Housing Production) and Goal 2 (Removal of
Government Constraints).
B. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
This Finding cannot be made. No Specific Plan is associated with or required for the
development and the design or improvement of the proposed subdivision is consistent
with the Gilroy 2040 General Plan goals and policies including: Gilroy 2040 General
Plan Land Use (LU) Policies LU 1.1 Pattern of Development; LU 1.2 Residential
Growth; LU 1.8 Vacant and Underutilized Sites; LU 1.11 Contiguous Development;
LU 3.2 Connectivity; LU 3.9 Hillside Development; LU 3.11 Noise Mitigation Design;
LU 8.6 Utility Undergrounding; and LU 8.8 Clustered Development; Gilroy 2040
General Plan Mobility (M) Policies M 1.4 Residential Traffic; M 1.10 Private Streets;
and M 5.1 Standard Level of Service (LOS); Gilroy 2040 General Plan Natural and
Cultural Resources (NCR) Policies NCR 1.1 Habitat Plan Compliance; NCR 1.2
Stream Protection; NCR 1.3 Riparian Setbacks; NCR 1.4 Plant and Wildlife Habitats;
and NCR 1.10 Light Pollution; and Gilroy 2040 General Plan Public Facilities and
Services (PFS) Policies PFS 1.11 Development Impact Fees; and PFS 3.6 Water
Infrastructure.
Resolution No. 2025-XX
Page 3
C. That the site is not physically suitable for the type of development.
This Finding cannot be made. The site is physically suitable for this type of
development as analyzed in the Initial Study and conditioned in Mitigated Negative
Declaration and conditions of approval for the project.
D. That the site is not physically suitable for the proposed density of development.
This Finding cannot be made. The site is physically suitable for the proposed density
because the adopted Gilroy 20240 General Plan and EIR anticipated a Hillside
Residential development on the property with a density up to four units per acre and
the proposed development has a density of approximately 3.18 units per net acre (54
units / 16.97 net acres) after deducting the private streets (2.46 acres), open space
(17.72 acres), and Miller Avenue Right-of-Way (0.35 acres) from the gross acreage.
E. That the design of the proposed subdivision or the proposed improvements are likely
to cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat.
This Finding cannot be made. The design of the subdivision and the proposed
improvements will not cause substantial environmental damage, or substantially injure
fish or wildlife because the proposed Tentative Map includes appropriate conditions
of approval and mitigation measures in conformance with the Initial Study and
Mitigated Negative Declaration for the project.
F. That the design of the subdivision or type of improvements is likely to cause serious
public health problems.
This Finding cannot be made. The design of the proposed subdivision will not cause
serious public health problems because the site is located within an urban context and
has access to urban services including sewer and water and the proposed Tentative
Map includes appropriate conditions of approval and mitigation measures in
conformance with the Initial Study and Mitigated Negative Declaration for the project.
G. That the design of the proposed subdivision or the type of improvements will conflict
with easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the governing body may approve
a map if it finds that alternate easements, for access or for use, will be provided, and
that these will be substantially equivalent to ones previously acquired by the public.
This subsection shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is hereby granted to
a legislative body to determine that the public at large has acquired easements for
access through or use of property within the proposed subdivision.
This Finding cannot be made. Pursuant to the conditions of approval for the project,
all new, relocated, alternate, or abandoned easements shall be reviewed and
Resolution No. 2025-XX
Page 4
approved by the Gilroy Engineering Division or the appropriate governmental agency
(e.g., utility company).
PASSED AND ADOPTED this 16th day of January 2025 by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
_______________________ ______________________________
Sharon Goei, Secretary Manny Bhandal, Chairperson
Resolution No. 2025-XX
Page 5
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for TENTATIVE MAP TM 22-02 is granted
to subdivide an approximate 37.54-acre site into 54 single-family residential lots
located on Assessor Parcel No. 810-23-005, as shown on Project Plans dated as
received by the Planning Division on September 17, 2024, prepared by HANNA-
BRUNETTI for Susan Wang, dated September 2024, and consisting of 15 sheets.
2. PERMIT EXPIRATION: In accordance with Section 21.41(i) of the Gilroy City
Code, initial approval of a tentative map is valid for twenty-four (24) months. Such
approval may only be extended at the Council’s discretion, pursuant to the
provisions of the Subdivision Map Act, if the final map is not approved prior to
expiration.
3. ZONING MAP AMENDMENT (Z 22-03) ENTITLEMENT: This permit is subject to
City Council approval of the Zoning Map Amendment (Z 22-03) to change the
zoning designation from A1 (Agriculture District) to RH (Residential Hillside).
4. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply
with any of the conditions of this permit, the Developer, owner or tenant shall be
subject to permit revocation or enforcement actions pursuant to the City Code. All
costs associated with any such actions shall be the responsibility of Developer,
owner or tenant.
5. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at
Developer’s own expense, to defend, indemnify, and hold harmless the City of
Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees
and agents from any and all claim(s), action(s) or proceeding(s) brought against
the City or its officers, contractors, consultants, attorneys, employees, or agents to
challenge, attack, set aside, void or annul the approval of this resolution or any
condition attached thereto or any proceedings, acts or determinations taken,
including actions taken under the California Environmental Quality Act of 1970, as
amended, done or made prior to the approval of such resolution that were part of
the approval process.
6. ENVIRONMENTAL DOCUMENT FILING FEES. Upon approval of the project and
filing of the Notice of Determination with the Office of the County Clerk-Recorder,
the project applicant shall pay any required environmental document filing fees.
Resolution No. 2025-XX
Page 6
7. SIGNS: No signs are approved as part of this application. Prior to issuance of a
sign permit for this site, Developer shall propose well-designed, quality signs that
comply with the allowances of the City Code and are to the satisfaction of the
Community Development Director or designee.
8. SIGNAGE: All signage advertising the development project or components thereof,
including individual tenants or subdivisions, shall be installed or maintained onsite
or offsite as allowed and in conformance with an approved sign permit.
9. WATER LIMITATIONS: Developer shall be advised that the approval is subject to
the drought emergencies provisions pursuant to the Gilroy City Code Chapter
27.98.
10. MULTI-PHASE DEVELOPMENT: The project would be developed in two phases,
as illustrated on the proposed Tentative Map, following review and approval of an
Architectural and Site Review permit application, grading permit, and building
permit. The construction details of each of these phases is provided in the Initial
Study for the project.
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.
11. 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.
12. EXISTING VIOLATIONS: Prior to issuance of building permits, Developer shall
correct all violations of the City Code, if any, existing on the project property for
which the City has open cases.
13. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior
to initiating any work authorized under this approval, including but not limited to
Architectural and Site Review, a Tree Removal Permit, and a Conditional Use
Permit or Planned Unit Development for the clubhouse. Developer shall pay all
requisite fees in effect at the time of plan submittal and/or issuance, as applicable.
14. OTHER REVIEW AGENCIES: This project may require review and approval by
outside agencies including, but not limited to Valley Water, the Santa Clara Valley
Habitat Agency, and the California Department of Fish and Wildlife. Proof of
approval from these agencies may be required prior to planning or building permit
issuance, inspections, or prior to Certificate of Occupancy.
Resolution No. 2025-XX
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15. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
the applicant’s qualified biologist for the project shall prepare all required Santa
Clara Valley Habitat Plan application materials, including the coverage screening
form, fees and conditions worksheet, and formal application.
16. LIGHTING PLAN: Developer shall submit a lighting plan with the application for a
planning and 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. 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 feet 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 qualified biologist, in coordination with the appropriate City staff, shall
establish no-disturbance buffer zones around the nests, with the size to be
determined (usually 100 feet for perching birds and 300 feet 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.”
A report summarizing the results of the preconstruction surveys and any necessary
buffers shall be submitted to the City and a copy shall be provided to the California
Department of Fish and Wildlife by the Biologist.
18. CNDDB SURVEYS AND REPORT. The presence of any special status wildlife
(e.g., northwestern pond turtle, San Francisco dusky-footed woodrat) and natural
communities on-site shall be reported to the California Natural Diversity
Resolution No. 2025-XX
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Database (CNDDB). The CNDDB field survey forms shall be completed by the
project biologist and submitted to the CNDDB prior to project approval.
19. RIPARIAN EASEMENTS. No grading or construction shall occur within the riparian
easements shown on the Tentative Map. Any encroachment not expressly
permitted by the Santa Clara Valley Habitat Agency shall require an exception from
the Santa Clara Valley Habitat Agency. If the exception is not granted under the
Habitat Plan, the project shall modify the project design to comply with Habitat Plan
requirements.
20. CROTCH’S BUMBLE BEES: If Crotch’s bumble bees are present, the project
applicant shall apply for an incidental take permit for California Endangered
Species Act compliance.
21. LAKE AND STREAMBED ALTERATION AGREEMENT: A Lake and Streambed
Alteration Agreement shall be obtained should any work occur within the bed or
banks of Babbs Creek or the adjacent riparian habitat.
22. SECTION 404 PERMIT: The project shall obtain a Section 404 Permit should any
work occur within seasonal wetland areas.
23. WELLS: All wells found at the site must be properly decommissioned or registered
with Valley Water. For questions about wells, please contact Valley Water’s Wells
and Water Measurement Unit at (408) 630-2660.
24. STORMWATER MANAGEMENT GUIDANCE MANUAL: The project shall comply
with the design requirements in the Stormwater Management Guidance Manual
utilized by the City of Gilroy, City of Morgan Hill and County of Santa Clara,
including the requirement to maintain a vertical separation from seasonally high
groundwater of at least 10 feet for all infiltration devices.
25. MM BIO-1: Burrowing Owls. To minimize impacts on burrowing owls, the
following measures will be implemented:
• Preconstruction Surveys for Burrowing Owls. Preconstruction surveys for
burrowing owls shall be conducted by a qualified biologist/ornithologist (funded
by the project applicant) prior to the initiation of construction activities. The first
preconstruction survey for burrowing owls shall be conducted up to 14 days
prior to the start of construction activities in any given area, and the second
survey (if determined to be necessary based on the proximity of suitable
burrows) shall be conducted within two days prior to the start of construction
Resolution No. 2025-XX
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activities. The preconstruction surveys shall be conducted within suitable
burrowing owl roosting habitat (i.e., grassland or scrub habitats with burrows of
California ground squirrels), or within 250 feet of this habitat, regardless of the
time of year in which construction commences. During the initial site visit, a
qualified biologist/ornithologist shall survey the entire project site and (to the
extent that access allows) areas within 250 feet by walking transects with
centerlines no more than 50 feet apart and ensure complete visual coverage
and looking for suitable burrows that could be used by burrowing owls. If no
suitable burrows are present, no additional surveys are required. If suitable
burrows are determined to be present within 250 feet of the project impact
areas, a qualified biologist/ornithologist shall conduct a second survey to
determine whether owls are present in areas where they could be affected by
proposed activities. The surveys shall last a minimum of three hours, beginning
one hour before sunrise and continuing until two hours after sunrise or
beginning two hours before sunset and continuing until one hour after sunset.
• Implement Buffer Zones for Burrowing Owls. If burrowing owls are detected
during the pre-activity survey, a 250-foot buffer, within which no construction-
related activities shall be permissible, shall be maintained between construction
activities and occupied burrows. Though highly unlikely, owls present between
February 1 and August 31 shall be assumed to be nesting, and the 250-foot
protected area buffer shall remain in effect until August 31, or until the burrow is
no longer occupied as determined by a qualified biologist/ornithologist,
whichever occurs first.
• Monitor Owls during Construction. If maintaining a 250-foot buffer around
active owl burrows is not feasible, the buffer may be reduced if (1) the individual
or nest is not disturbed, and (2) a qualified biologist/ornithologist develops an
avoidance, minimization, and monitoring plan that is reviewed and approved by
the CDFW and USFWS prior to the initiation of construction activities in the
identified 250-foot buffer areas. The plan shall include the following measures:
o A qualified biologist shall monitor the owls for at least three days prior to
construction as well as during construction.
o If the biologist observes no change in the owls’ nesting or foraging behavior,
construction activities may proceed.
o If changes in the owls’ behaviors as a result of work activities are observed
by a qualified biologist/ornithologist, activities shall cease within 250 feet of
the active burrow location(s). Work activities may resume when by a
qualified biologist/ornithologist confirms the burrows are no longer occupied.
Resolution No. 2025-XX
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o If monitoring by a qualified biologist/ornithologist indicates that the burrow is
no longer in use by owls, the disturbance-free buffer may be removed.
o Because passive relocation of burrowing owls is not allowed under the
Habitat Plan at this time, if an owl persists on the site within an area where
construction cannot be delayed despite implementation of the measures
included in the approved avoidance, minimization, and monitoring plan, the
applicant shall coordinate with the Santa Clara Valley Habitat Agency to
determine alternative protection measures that would reduce or avoid
impacts to the owl.
The qualified biologist/ornithologist shall submit a summary report, to the City of
Gilroy, that includes the findings of preconstruction surveys, identification of any
required buffers, documentation of justification for any reduced buffers and a copy
of the avoidance, minimization, and monitoring plan approved by CDFW and
USFWS (if applicable) prior to issuance of grading or construction permits.
26. MM BIO-2: Compensate for Direct, Permanent Encroachment into the
Riparian Setback. Direct, permanent impacts within the 35-foot riparian setback
shall be mitigated on-site at a minimum 2:1 ratio (mitigation area to impact area)
through enhancement of the existing riparian corridor elsewhere on the project site.
This enhancement, which shall be directed by a qualified restoration or plant
ecologist (funded by the project applicant), would consist of planting or restoration
of native vegetation appropriate to the site, and management of any particularly
noxious occurrences of invasive plants, in a way that will enhance the structure and
function of the riparian habitat. The qualified restoration or plant ecologist shall
prepare a mitigation plan outlining the enhancement activities which shall be
submitted to and approved by the City prior to the issuance of any construction or
grading permits. The plan shall include at least three years of monitoring, following
implementation of mitigation, to ensure mitigation success. Among the
performance criteria required by this mitigation plan shall be survival of enough
planted/restored vegetation three years after implementation to ensure that
enhancement has occurred at a minimum ratio of 2:1, as discussed above.
27. MM CUL-1: Prior to the commencement of construction, the applicant shall
secure the services of a qualified archaeologist. The qualified archaeologist shall
prepare a workforce environmental awareness program (WEAP) to instruct
construction workers of the obligation to protect and preserve valuable resources.
The WEAP shall be reviewed and approved by the City’s Community Development
Director, or his or her designee, prior to the issuance of construction and grading
permits. This program shall be provided to all construction workers as a field
Resolution No. 2025-XX
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training prior to the beginning of ground-disturbing activities, and shall include a
discussion of applicable laws and penalties under the laws; samples or visual aids
of resources that could be encountered in the project vicinity; instructions regarding
the need to halt work in the vicinity of any potential archaeological and Native
American resources encountered; and measures to notify their supervisor, the
applicant, and the specialist(s).
28. MM CUL-2: Ground-disturbing activities (including, but not limited to, demolition /
excavation, grading, and utility trenching) shall be monitored by a qualified
archaeologist to be retained by the project applicant. The qualified archaeologist
shall have authority to halt construction activities temporarily in the immediate
vicinity of an unanticipated find until its significance can be assessed by the
qualified archaeologist.
After observing a representative sample of ground-disturbing activity with no
cultural resources encountered, the archaeologist may recommend that monitoring
move to a part-time or intermittent schedule by mutual agreement with the City.
A summary report of the monitoring results, including any protective measures
implemented (see the Cultural Resources conditions of approval at the end of this
MMRP), shall be submitted to the City prior to the issuance of building permits.
29. MM GHG-1: Reduce GHG Emissions. The applicant is responsible for retaining a
qualified air quality/GHG specialist to develop a GHG reduction plan to reduce
GHG emissions such that the project’s GHG emissions are reduced by the
emissions equivalent to those produced by the rate of VMT exceeded over the
threshold. These reductions shall be kept in place by the project until the City
adopts a GHG reduction plan that contains goals and associated strategy to
decrease emissions in a manner consistent with meeting the State’s interim 2030
GHG emissions and long-term goals.
Threshold: GHG emissions would need to be reduced by an amount equivalent to
the Project VMT that exceeds the VMT threshold. Without any traffic mitigation
(i.e., TDM plan), the project per capita VMT would exceed the threshold by about
41 percent. Assuming a total of 176 residents, this would be 1,156 miles per day.
Based on the additional VMT, the CalEEMod and EMFAC models were used to
calculate the amount of GHG emissions to be reduced annually in order to meet
the VMT significant threshold over the next 30 years. The applicant shall mitigate
the project’s operational GHG emissions for the life of the project1 to achieve the
1 The life of the project is assumed to be 30 years since building systems are generally substantially
upgraded by year 30 (https://www.rdh.com/blog/long-buildings-last/; https://abgrealty.com/blog/life-span-
Resolution No. 2025-XX
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applicable year-specific quantitative threshold 2 over the next 30 years by
purchasing and retiring carbon offset credits.3
Demonstration of Reduction: The GHG reduction plan shall quantify the GHG
emissions from the project while accounting for any reductions that can be
achieved through design features (e.g., implementation of a TDM program,
installation of solar power systems, inclusion of electric vehicle charging,
installation of high-efficiency water fixtures, etc.). Any remaining emissions, that
must be offset, shall be offset through the purchase of verifiable carbon emission
offsets. The reduction of project GHG emissions through the retirement of carbon
offset credits shall satisfy the following conditions:
Registry Performance Standards: The applicant shall provide proof to the City’s
Community Development Director, or his or her designee that the carbon offset
credits were issued by a registry meeting the following requirements:
o The registry shall account for and quantify emission reductions using clear
and defined standards and incorporating recognized principles of GHG
emissions reduction accounting, including those set forth in the ISO 14064
and the WRI/WBCSD Greenhouse Gas Protocol for Project Accounting;
o The registry shall use clear information sufficient for reviewers to assess
credibility of GHG emission reductions underlying the carbon offset credits.
Upon request by the City’s Community Development Director, or his or her
designee, any governmental entity, or any stakeholder, the registry shall
provide the following information within a reasonable time period in
connection with any carbon offset credit retired by the applicant: (i) the
applicable quantification protocol; and (ii) all third-party confirmation or
verification reports issued in connection with the carbon offset credits. Such
commercial-building-components/; https://www.carbonleadershipforum.org/wp-
content/uploads/2018/07/CLF_Recommendations_BuildingComponentLifespans_07-06-2018.pdf).
California anticipates a significant increase in electric vehicles within the next 14 years (Executive Order
N-79-20;
https://www.experian.com/blogs/insights/2020/11/new-california-mandate-rekindles-electric-vehicle-
buzz/).
Treating a building and its associated automobile GHG lifespan as 30 years appears conservative and is
consistent with the methodology employed by the South Coast Air Quality Management District.
2 The total number of MT/CO2e that would need to be offset is 1,922. The year-specific quantitative
thresholds in MT/CO2e/year are as follows: 2028: 129, 2029: 123, 2030: 117, 2031: 113, 2032: 109,
2033: 106, 2034: 102, 2035: 98, 2036: 92, 2037: 87, 2038: 81, 2039: 76, 2040: 70, 2041: 64, 2042: 59,
2043: 53, 2044: 48, 2045: 42, 2046: 36, 2047: 31, 2048: 25, 2049: 20, 2050: 14, 2051: 14, 2052: 14,
2053: 14, 2054: 14, 2055: 14, 2056: 14, 2057: 14.
3 If natural gas connections are included in the final project design, the emissions associated with natural
gas use during project operation shall be calculated and 100 percent offset through implementation of the
appropriate measures identified in the GHG reduction plan.
Resolution No. 2025-XX
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information shall be sufficient to monitor compliance by the project applicant
with this mitigation measure.
Carbon Offset Credit Performance Standards: The carbon offset credits retired by
the applicant for the purpose of mitigating GHG emissions shall represent GHG
emission reductions that are real, permanent, additional, quantifiable, verifiable and
enforceable.4
To demonstrate compliance with such requirements, the applicant shall provide the
following to the City’s Community Development Director, or his or her designee: (i)
the protocol used to quantify and issue such carbon offset credits, (ii) the third-
party verification report(s) pursuant to which such carbon offset credits were
issued, and (iii) the unique serial numbers of the carbon offset credits to be retired
to ensure that the offset cannot be further used in any manner. The Community
Development Director, or his or her designee, shall reject any carbon offset credits
that do not comply with these requirements, and where reductions are not direct
reductions within a confined project boundary or provide opportunities for reversal
of the avoided emissions. The Community Development Director, or his or her
designee, shall reject any credits for a project that includes technology or GHG
abatement practices that are already widely used.
• Geographic Limitations: The carbon offset credits shall be from credit
projects developed in the United States. Carbon offset credits resulting from
4 The following terms in this mitigation are defined as follows: “Additional” means GHG emission
reductions or removals underlying the carbon offset credits that exceed any GHG reduction or removals
otherwise required by law, regulation or legally binding mandate, and that exceed any GHG reductions or
removals that would otherwise occur in a business-as-usual scenario. To be additional, the credit shall
have reduced GHG emissions below the applicable common industry practice for GHG reductions as in
effect at the time the credit project was initiated. “Real” means that GHG reductions or GHG
enhancements underlying the carbon offset credits result from a demonstrable action or set of actions,
and are quantified using appropriate, accurate, and conservative methodologies that account for all GHG
emissions sources, GHG sinks, and GHG reservoirs within the boundary of the applicable credit project
and account for uncertainty and the potential for activity-shifting leakage and market-shifting leakage.
“Verifiable” means that the GHG reductions or GHG enhancements underlying the carbon offset credits
are well documented, transparent and set forth in a document subject to objective review by an
accredited verification body. “Permanent” means that GHG reductions and GHG removal enhancements
underlying the carbon offset credits are not reversible, or when GHG reductions and GHG removal
enhancements may be reversible, that mechanisms are in place to replace any reversed GHG emission
reductions and GHG removal enhancements to ensure that all credited reductions endure for at least 100
years. To ensure permanence, reductions from purchased credits must have already occurred.
“Quantifiable” means the ability to accurately measure and calculate GHG reductions or GHG removal
enhancements relative to a project baseline in a reliable and replicable manner for all GHG emission
sources, GHG sinks, or GHG reservoirs included within the boundary of the credit project generating the
carbon offset credits, while accounting for uncertainty and activity shifting leakage and market-shifting
leakage. “Enforceable” means the authority for the City to hold the project accountable and to take
appropriate action if the City determines that any carbon offset credits do not comply with the
requirements set forth above.
Resolution No. 2025-XX
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international credit projects shall not be acceptable to satisfy this mitigation
measure.
• Timing: The applicant shall mitigate GHG emissions resulting from project
operations by purchasing and retiring the required offset credits prior to final
issuance of the building permit.. The applicant shall provide proof in the form
of a compliance report to the City that carbon offset credits equal to the
amount of project operational GHG emissions in excess of the threshold
have been purchased and retired. A conservative estimate of the offset
credits that need to be purchased by the project applicant for the lifetime of
the project is 1,922 MT.5
• Adjustment: The required amount of carbon offset credits may be adjusted
to account for conformance with a qualified GHG reduction plan adopted by
the City, or changes in climate science, GHG regulation, technology, and
updated/refined project emissions, as follows:
o The applicant may recalculate the project emissions in this Initial Study to
update/refine the amount of carbon credits required to be purchased
and/or demonstrate emissions achieve the year-specific threshold or an
applicable quantitative threshold that may be adopted by the City or
BAAQMD in the future. If the project applicant chooses to refine or
recalculate project GHG emissions, the project applicant shall retain a
qualified air quality/GHG professional to calculate the project’s GHG
emissions, in accordance with the BAAQMD CEQA Air Quality
Guidelines, as they may be updated from time to time. Re-evaluation of
project GHG emissions could reflect additional on-site measures
incorporated into the project (such as installing solar panels, high-
efficiency water fixtures, electric vehicle charging stations, etc.) or
increased operational efficiencies (e.g., the state’s increased vehicle fuel
efficiency standards and renewable energy portfolio requirement). The
calculation shall be summarized in a report and submitted as part of the
documentation submitted to the City’s Community Development Director,
or his or her designee for review and approval.
OR
5 This was estimated by adding the annual project GHG emissions to be reduced between 2028 and
2057. This estimate can be adjusted, updated, and refined as appropriate per the Adjustment portion
described in mitigation measure MM GHG-1
Resolution No. 2025-XX
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o If the City has adopted a qualified GHG reduction strategy that covers the
project, the project applicant can demonstrate that the project is
consistent with the applicable mandatory measures in the GHG reduction
strategy by submitting written proof documenting the project’s consistency
to the City’s Community Development Director, or his or her designee for
review and approval. If the project is consistent with the applicable
mandatory measures in the GHG reduction strategy, it is concluded that it
would result in a less than significant GHG impact and no further
mitigation is required.
30. MM HAZ-1: Preparation of a Risk Management Plan and Health and Safety Plan.
Prior to issuance of a grading permit and excavation of the undocumented fill on-
site, an Environmental Professional retained by the project applicant shall prepare
an appropriate risk management plan (e.g., Site Management Plan) to establish
appropriate management practices for handling the undocumented fill, including
guidelines for the reuse and disposal of these materials. The plan shall also include
protocols to segregate the lead-impacted fill encountered near TP-8 (see Appendix
E for location information) and ensure that appropriate off-site disposal is
completed. This plan shall be submitted to the City for review and approval prior to
issuance of grading and construction permits. Following completion of the
excavation, a report documenting compliance with the risk management plan and
summarizing the work completed on-site shall be prepared by the Environmental
Professional and provided to the City for review and approval.
The project applicant shall also require the construction General Contractor to
prepare a Health and Safety Plan (HSP) establishing appropriate protocols for
working at the property and submit the HSP to the City prior to issuance of
construction and grading permits. Workers conducting property earthwork activities
in contaminated areas shall complete 40-hour HAZWOPER training course (29
CFR 1910.120). The General Contractor shall be responsible for the health and
safety of their employees as well as for compliance with all applicable federal,
state, and local laws and guidelines.
31. MM TRN-1: Reduce Project VMT. The project applicant shall hire a qualified
transportation consultant to develop and implement TDM strategies for the project
to reduce the project’s VMT per capita to the extent feasible. These TDM strategies
shall be implemented concurrently with the occupation of the completed residences
on-site. These strategies could include, but are not limited to, the following:
Resolution No. 2025-XX
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• TP01 – School Pool Programs: Organize a program that matches families in
carpools for school pick-up and drop-off. Organizing a School Pool Program
helps match parents who transport students to schools without a bussing
program, including private schools, charter schools, and neighborhood schools
where students cannot walk or bike. The school pool program would be open to
all families in the development. School pools reduce the total number of vehicle
trips traveling to and from schools, thereby reducing VMT.
• TP02 – Bike Share Programs: Dedicate space on-site for or provide subsidies
to a bike sharing system, ideally one with high penetration in a larger area, such
as Bay Wheels. Bike share substitutes for some driving trips and provides a
first/last-mile connection for transit users, reducing auto trips and thereby
reducing VMT. This reduction only applies if a bike share station is built on site.
• TP03 – Car Share Programs: Provide subsidies and promotions, as well as
dedicated parking spaces, for car sharing services such as ZipCar, Car2Go,
and GetAround for 100 percent of residents from the project. Supporting a car
sharing program allows for people to have on-demand access to a shared fleet
of vehicles on an as-needed basis. Car sharing helps support the use of
walking, biking, carpooling, and transit by providing another means for
business/day trips or a guaranteed ride home option, allowing for overall
reductions in auto use which results in reduced VMT.
• TP18 – Voluntary Travel Behavior Change Program: Provide a program that
targets individual attitudes and behaviors towards travel and providing tools for
individuals to analyze and alter their travel behavior. Voluntary Travel Behavior
Change programs include mass communication campaigns and travel feedback
programs, such as travel diaries or feedback on calories burned from activities
and travel. This strategy encourages the use of shared ride modes, transit,
walking, and biking, thereby reducing VMT.
A report summarizing the feasible TDM strategies and the plan for implementation
shall be submitted to the City for review and approval prior to issuance of building
permits. Documentation showing proof of implementation of the approved TDM
strategies and implementation plan summarized in this report shall be submitted to
the City within one year of issuance of the occupancy permit for the last residence
in the final phase of development.
Resolution No. 2025-XX
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32. ADDITIONAL TDM STRATEGIES: In addition to the strategies listed in MM TRN-
1, the applicant shall also consider the measures listed below quantified by
California Air Pollution Control Officers Association (CAPCOA) and shown to have
different efficiencies reducing regional VMT:
• Provide Electric Vehicle Charging Infrastructure
• Provide Secure Bike Parking
• Provide Pedestrian Network Improvement
• Construct or Improve Bike Facility
• Dedicate Land for Bike Trails
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the
condition.
33. CONSTRUCTION RELATED NOISE: To minimize potential construction-related
impacts to noise, Developer shall include the following language on any grading,
site work, and construction plans issued for the subject site
“During earth-moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m.,
and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is
prohibited on Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a
construction project area;
c. Construct sound walls or other noise reduction measures prior to developing
the project site;
d. Equip all internal combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate for the
equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize “quiet” models of air compressors and other stationary noise sources
where technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for
responding to any complaints about construction noise. The disturbance
coordinator will determine the cause of the noise complaint (e.g. bad muffler,
etc.) and will require that reasonable measures be implemented to correct
the problem.”
Resolution No. 2025-XX
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34. 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 site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material onsite or offsite
shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15
miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of
California Code of Regulations [CCR]). Clear signage shall be provided for
construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be
checked by a certified visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact
at the lead agency regarding dust complaints. This person shall respond and
take corrective action within 48 hours. The Air District’s phone number shall
also be visible to ensure compliance with applicable regulations.”
35. 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;
Resolution No. 2025-XX
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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.
36. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is
discovered during construction of the project, excavations within 50 feet 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.
37. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: If archaeological or cultural
resources are discovered during earth‐moving, grading, or construction activities,
all work shall be halted within at least 50 feet of the find and the area shall be
staked off immediately. The City shall be notified immediately and a qualified
professional archaeologist shall be retained (at the applicant’s expense) to
evaluate the find and report to the City. If the find is determined to be significant,
appropriate protection measures (such as collection, recordation, and analysis),
shall be formulated by the professional archaeologist and implemented by the
responsible party.
38. DISCOVERY OF HUMAN REMAINS: Pursuant to Section 7050.5 of the Health
and Safety Code and Section 5097.94 of the Public Resources Code of the State
of California, in the event of the discovery of human remains during construction,
there shall be no further excavation or disturbance of the site within a 50-foot
radius of the remains or any nearby area reasonably suspected to overlie adjacent
remains. The Santa Clara County Coroner shall be notified and shall make a
determination as to whether the remains are Native American. If the Coroner
determines that the remains are not subject to the Coroner’s authority, the Coroner
shall notify the Native American Heritage Commission who shall attempt to identify
descendants of the deceased Native American. If no satisfactory agreement can be
reached as to the disposition of the remains pursuant to the state law, the
landowner shall re-inter the human remains and items associated with Native
Resolution No. 2025-XX
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American burials on the property in a location not subject to further subsurface
disturbance.
39. NOISE AND VIBRATION: During all phases of construction, the project shall
comply with City Code Section 16.38 by implementing the following measures:
o Limit construction activity to weekdays between 7:00 AM and 7:00 PM and
Saturdays between 9:00 AM and 7:00 PM, with no construction on Sundays
and City holidays;
o Equip all internal combustion engine drive equipment with mufflers which are in
good condition and appropriate for the equipment;
o Locate stationary noise-generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project
area;
o Construct sound walls or other noise reduction measures prior to developing
the project site;
o Prohibit all unnecessary idling of internal combustion engines;
o Utilize “quiet” models of air compressors and other stationary noise sources
where technology exists; and
Designate a “disturbance coordinator” who would be responsible for responding to
any complaints about construction noise. The disturbance coordinator shall
determine the cause of the noise complaint (e.g., bad muffler, etc.) and require that
reasonable measures be implemented to correct the problem.
PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project
ENTITLEMENT(S); and which shall be addressed on the construction plans submitted
for any BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be
satisfied prior to issuance of whichever permit is issued first, or if another deadline is
specified in a condition, at that time.
40. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the
time of first improvement plan submittal, the applicant shall submit a $10,000.00
(Ten thousand dollar) initial deposit for project plan check and construction
inspection. This deposit will be credited/accounted toward final plan check and
inspection fee for the project. In addition, the applicant shall submit a detailed
project cost 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
Resolution No. 2025-XX
Page 21
cost estimate. Public Works will not sign-off on the issuance of the project building
permit without full payment of this plan check and inspection fee. (PUBLIC
WORKS).
41. PLAN SUBMITTAL: The Engineering project plans shall be submitted, in full, with
the building permit plans. Improvement plans are required for both on-site and off-
site improvements, and the improvement plan set cover sheet shall include an
index referencing on-site and off-site improvements. All improvements shall be
designed and constructed in accordance with the City of Gilroy Municipal Code and
Standard Specifications and Details and are subject to all laws of the City of Gilroy
by reference. The improvement plans shall include all civil project plans including,
but not limited to, site plans, grading plans, utility plans, joint trench, off-site plans,
lighting (photometric) plans, and landscaping plans within the public right-of-way.
The plan shall clearly identify both public and private utilities. The improvement
plans shall be submitted with the Public Works Engineering submittal checklist
provided by the City, and available on the City website.
In addition:
a. A complete set of improvement plans shall consist of Civil site design,
landscape site design, Electrical, Joint Trench. Any walls or structural
features part of the landscape design shall also be included;
b. Improvement plans are required for both on-site and off-site improvements.
A separate plan set for each shall be prepared, or at the approval of the City
Engineer, onsite and offsite sheets can be combined into one plan set;
c. The improvement plan submittal, including utility sheets, shall show
appropriate line types and labels to identify different type of utilities and pipe
sizes. Utility boxes, hydrants, backflow preventers, etc. shall be
relocated/installed behind the back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved
Conditions of Approval;
e. Improvement plans shall include General Notes found in the City of Gilroy
General Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering
submittal checklist, which can be found in the City’s website. At first
submittal, a completed checklist shall be included in the submittal package
and shall show which items have been included.
g. The improvement plan cover sheet shall include a table summarizing all
facilities (Streets, Utilities, Parks, Landscaping, etc.), showing the ownership
of all facilities, access rights to, and the maintenance responsibilities of all
facilities;
h. Improvement and grading plans shall show existing topo and features at
least 50’ beyond the project boundary. The plan shall clearly show existing
Resolution No. 2025-XX
Page 22
topo, label contour elevations, drainage patterns, flow lines, slopes, and all
other property encumbrances;
i. If the project has excess fill or cut that will be off-hauled to a site or on-
hauled from a site within the city limits of Gilroy, an additional Haul Permit is
required. A statement indicating the need to obtain a Haul Permit must be
added as a general note to the Grading and Drainage Plan;
j. All grading and improvement plans shall identify the vertical elevation
datum, date of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An
existing site plan shall be submitted showing all existing site conditions and
title report easements. The plan shall include bearing and distance
information for all right-of-way and easements;
l. The plan shall show any proposed easements to be dedicated for any
needed purpose, or any easement expected to be abandoned through
separate instrument. This includes PUE, PSE, EVAE, Cross-Property
Access Easement, Landscape Easement, Drainage Easement, Pole Line
Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts between
disciplines, the applicant shall provide a “composite exhibit” showing Civil,
Landscape, Electrical, and Joint Trench design information (as a separate
sheet titled “Composite Plan”) to confirm that there are no conflicts;
n. All Solid Waste Vehicle circulation movements shall be modeled and shown
on a separate plan sheet. The circulation plan shall be prepared to the City
Engineer’s satisfaction, and modeled using AutoTurn swept analysis
software, and shall include all turning and street circulation movements;
o. All Emergency Vehicle circulation movements shall be modeled and shown
on a separate plan sheet. The circulation plan shall be prepared to the City
Engineer’s satisfaction, and modeled using AutoTurn swept analysis
software, and shall include all turning and street circulation movements;
p. All utility boxes exposed to traffic or in a driveway, including sanitary sewer
and/or water meter boxes, shall have traffic-rated boxes and lids;
q. All on-site recycled water system improvements, including appurtenances,
shall be located within a PSE. (PUBLIC WORKS)
42. 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
Resolution No. 2025-XX
Page 23
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)
43. UTILITY RESPONSIBILITIES: Storm, sewer & water 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 submitted
with the initial plan submittal. The table shall include the list of streets, the responsible party for
inspection of the improvements, who is responsible for the ownership of the utility, and who is
responsible for the maintenance of the utility. An example of this table, including the types of
utilities to be listed, can be provided by the Engineering Division upon request. (PUBLIC WORKS)
44. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be prepared by a
registered professional engineer experienced in preparing these types of plans. The applicant shall
submit, with the improvement plans submitted with the initial plan submittal, a letter from the design
Electrical or Civil Engineer that states the electrical plan conform to City Codes and Standards, and
to the approved improvement plans. The letter shall be signed and stamped by the professional
engineer that prepares the improvement plans. (PUBLIC WORKS)
45. 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)
46. WATER QUALITY: Project design shall comply with the Stormwater Management
Guidance Manual for Low Impact Development & Post-Construction Requirements.
The applicant shall submit the Source Control Checklist as well as the appropriate
Performance Requirements Checklist found in Appendix A of the manual at the
time of the initial submittal for building permit. The manual can be found at the
following site: www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)
47. 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)
Resolution No. 2025-XX
Page 24
48. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all construction activities in
accordance with Gilroy Municipal Code Section 27C, Municipal Storm Water Quality Protection and
Discharge Controls, and Section E.10, Construction Site Storm Water Run-Off Control Program of
the Regional NPDES Permit. Detailed information can be located at:
www.flowstobay.org/documents/business/construction/SWPPP.pdf. This sheet shall be printed and
included in all building construction plan sets permitted for construction in the City of Gilroy.
(PUBLIC WORKS)
49. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire
Hydrant flow test to confirm the water system will adequately serve the
development and will modify any part of the systems that does not perform to the
standards established by the City. Applicant shall coordinate with Fire Department
for the Fire Hydrant flow test. The flow test results shall be submitted with the
initial plan submittal. (PUBLIC WORKS)
50. 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)
51. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water, sewer,
storm drain or traffic studies for the development deemed appropriate by the City Engineer. These
studies shall provide the supporting hydraulic calculation for pipe sizing per the City Standard
Design Guidelines. The study shall be reviewed and approved by Engineering. If the results of the
study indicate that this development contributes to the over-capacity of the trunk line, the applicant
will be required to mitigate the impact by removing and replacing or upsizing of the existing utilities
to accommodate the appropriate level of project flows to the approval of the City Engineer. The
improvements shall be addressed on the construction drawings, to the approval of the City
Engineer, prior to the issuance of the first building permit. (PUBLIC WORKS)
52. 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)
53. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the
applicant shall submit a Storm Water Management Plan (SWMP) prepared by a
registered Civil Engineer. The SWMP shall analyze the existing and ultimate
conditions and facilities, and the study shall include all off-site tributary areas.
Study and the design shall be in compliance with the City’s Stormwater
Resolution No. 2025-XX
Page 25
Management Guidance Manual (latest edition). Existing off-site drainage patterns,
i.e., tributary areas, drainage amount, and velocity shall not be altered by the
development. The plan shall be to the approval of the City Engineer and shall be
approved prior to the issuance of the building permit. (PUBLIC WORKS)
54. STORMWATER CONTROL PLAN: At first improvement plan submittal, the applicant shall submit a
design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to include background,
summary, and explanation of all aspects of stormwater management. The report shall also inc lude
exhibits, tables, calculations, and all technical information supporting facts, including but not limited
to, exhibit of the proposed site conditions, which clearly delineates impervious and pervious areas
on site. The plan shall provide a separate 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 building permit. (PUBLIC WORKS)
55. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all
existing improvements not designated for removal, and all new improvements that
are damaged during construction or removed because of the applicant’s
operations. The applicant shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
Said repairs shall be completed prior to the first occupancy of the project. (PUBLIC
WORKS)
56. SIGHT DISTANCE: As part of your first submittal, provide sight distance plans that
clearly show standard sight distance will be provided and no items obstruct sight
distance for driveways, roadways, intersections, etc. Please note that private signs,
fences, walls, buildings, landscape features, above ground utilities, guardrail,
barriers, railing, etc. will not be allowed within sight distance triangles. Provide all
Sight Distance plans per Caltrans, AASHTO, and NCHRP Requirements for all
project frontage access points, roadways, and offsite mitigation measure locations.
These calculations and drawings shall be completed as it is important to ensure the
development meets sight distance standards and all roadways, intersections, and
access points to these facilities are safe for motorists and pedestrians. (PUBLIC
WORKS)
57. 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 plans to the satisfaction of the City
Engineer. (PUBLIC WORKS)
58. GRADING & DRAINAGE: All grading activity shall address National Pollutant
Resolution No. 2025-XX
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Discharge Elimination System (NPDES) concerns. There shall be no earthwork
disturbance or grading activities between October 15th and April 15th unless
otherwise approved by the City Engineer. If approved, the applicant shall submit a
Winterization Erosion Control Plan to the City Engineer for review and approval.
This plan shall incorporate erosion control devices and other techniques in
accordance with Gilroy Municipal Code § 27C to minimize erosion. Specific
measures to control sediment runoff, construction pollution and other potential
construction contamination sediment runoff, construction pollution and other
potential construction contamination shall be addressed through the Erosion
Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP
shall supplement the Erosion Control Plan and project improvement plans. These
documents shall also be kept on-site while the project is under construction. A
Notice of Intent (NOI) shall be filed with the State Water Resources Control Board,
with a copy provided to the Engineering Division before a grading permit will be
issued. A project WDID# shall be added to the grading plans prior to plan approval.
(PUBLIC WORKS)
59. GEOTECHNICAL ENGINEER: Prior to building permit issuance, the applicant’s
Geotechnical Engineer shall review the final grading, pavement design and
drainage plans to ensure that said designs are in accordance with the
recommendations or the project geotechnical study, and the peer review
comments. The applicant’s Geotechnical Engineer’s approval shall then be
conveyed to the City either by letter, or by signing the plans.
All grading operations and soil compaction activities shall be per the approved
project’s design level geotechnical report. All grading activities shall be conducted
under the observation of, and tested by, a licensed geotechnical engineer. A report
shall be filed with the City of Gilroy for each phase of construction, stating that all
grading activities were performed in conformance with the requirements of the
project’s geotechnical report. The applicant shall add this condition to the general
notes on the grading plan.
Certification of grades and compaction are required prior to Building Permit final.
This statement must be added as a general note to the Grading and Drainage
Plan. (PUBLIC WORKS)
60. TREE REMOVAL PERMIT: The applicant shall obtain a Tree Removal Permit from
the Engineering Division for removal of existing trees in the public right-of-way,
prior to the issuance of a building permit or demolition building permit, whichever is
issued first. (PUBLIC WORKS)
61. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must
obtain an encroachment permit, posting the required bonds and insurance, and
provide a one (1) year warranty for all work to be done in the City's right-of-way or
Resolution No. 2025-XX
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City easement. This encroachment permit shall be obtained prior to the issuance
of a foundation building permit and prior to any work being done in the City's
right-of-way. All existing public utilities shall be protected in place and if necessary
relocated as approved by the City Engineer. No permanent structures are
permitted within the City right-of-way, or within any City easement unless otherwise
approved by the City Engineer. The applicant shall have street improvement plans
prepared for all work in the public right-of-way by a licensed civil engineer, whose
signed engineer’s stamp shall appear on the plans. Prior to issuance of the
encroachment permit, the applicant shall submit any applicable pedestrian or traffic
control plans for any lane or sidewalk closures. The traffic control plan shall
comply with the State of California Manual of Uniform Traffic Control Devices
(MUTCD), and standard construction practices. [(For major street improvements)
Construction plans for improvements in the right-of-way shall be submitted to the
City Engineer at 30%, 60%, and 90% design for review. All design assumptions
and criteria shall be submitted with each phase of design submittal. Project
specifications shall be included for review with the 90% design review.]
Final construction plans and specifications shall be approved by the City Engineer,
and released for construction, prior to the issuance of the encroachment permit.
The applicant is required to confirm the location of existing utility lines along the
project frontage by potholing. Prior to any potholing, applicant shall submit a
pothole plan for City review and approval. Applicant shall provide the pothole
result to the City Engineer prior to final design. Right-of-way improvements shall
include, at a minimum, the following items: (PUBLIC WORKS)
a. STREET WIDENING: Any street widening on Miller Avenue shall be
consistent with City Standards. 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.
c. STREET MARKINGS: The applicant shall install necessary street markings
of a material and design approved by the City Engineer, and replace any
that are damaged during construction. These include but are not limited to
all pavement markings, painted curbs and handicap markings. All
permanent pavement markings shall be thermoplastic and comply with
Caltrans Standards. Color and location of painted curbs shall be shown on
the plans, and are subject to approval by the City Engineer. Any existing
painted curb or pavement markings no longer required shall be removed by
grinding if thermoplastic, or sand blasting if in paint.
Resolution No. 2025-XX
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d. SIDEWALK: The applicant shall install sidewalk along the project frontage
connecting to established sidewalk. In addition, as part of the VMT
mitigation, sidewalk shall be installed along the east side of Miller Avenue
from the south project frontage to San Justo Rd. Sidewalk installation shall
be constructed per the City Standard Drawings.
e. SIDEWALK: The applicant shall install create a successful sidewalk
connection between the south side and north side of the existing creek
bridge on Miller Road. Design shall be acceptable for pedestrian and ADA
access crossing the creek and in a general alignment with Miller Avenue.
f. CURB RAMP(S): The applicant shall construct curb ramp(s) in accordance
with the latest Caltrans State Standard Drawing at all new street
intersections and remove and replace to current standard all existing
damaged and/or substandard curb ramps. The actual ramp "Case" shall be
identified on the plans and shall be to the approval of the City Engineer.
g. CURB AND GUTTER: The applicant shall install. New curb and gutter shall
be constructed per the City Standard Drawing STR-12.
h. DRIVEWAY APPROACH(ES): The applicant shall install City Standard
Residential driveway approaches.
i. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out at
the property line in accordance with the City Standard Drawing SWR-6.
j. SEWER MAIN: New sewer line shall be PVC, SDR 26 or equal. Applicant is
required to submit plans and drawings for approval prior to submitting the
first building permit. Construction of the new mainline shall be completed
prior to issuance of the certificate of occupancy.
k. SANITARY (STORM) SEWER MANHOLE(S): The applicant shall install
standard sanitary sewer, per approved plans and in accordance with the
City Standard Drawing.
l. STORM WATER CATCH BASIN(S): The applicant shall install standard
storm water catch basins, in accordance with the City Standard Drawing.
m. SIDEWALK UNDERDRAIN(S): The applicant shall install standard sidewalk
underdrains in accordance with the City Standard Drawing STR-19.
n. STREETLIGHT(S): The applicant shall provide and install standard aluminum
electrolier street light(s) per City Standard Drawing EL-1 to EL-5. The
Resolution No. 2025-XX
Page 29
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.
o. FIRE HYDRANTS: The applicant shall install new fire hydrants along the
project frontage. Spacing shall meet City and Fire Marshall requirements.
62. SEWER MAIN EXTENSION: At initial design submittal, the plans shall show
connection to nearest manhole along miller avenue per City Standards, guidelines and
specifications. (PUBLIC WORKS)
63. FIRE TRUCK TURNS: At the initial submittal, the plans shall show the red curbing
as necessary for the fire truck to successfully complete its turn movements without
encroachment into oncoming lanes. (PUBLIC WORKS)
64. PUBLIC TO PRIVATE TRANSITION APRON: The initial submittal shall show the
public to private transition per the revised City Standard Detail STR-4. Contact
Land Development Engineer for revised standard. (PUBLIC WORKS)
65. 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 a minimum of 3’ from back of sidewalk.
Underground utility plans must be submitted and approved with the site
improvement plans. (PUBLIC WORKS)
66. SITE LIGHTING STANDARDS: The applicant shall submit a photometric plan for
on-site lighting showing lighting levels to Illuminating Engineering Society (IES)
Standards. The plan shall comply with the requirement of an average of 1 foot-
candle with a 4:1 minimum to average ratio and a minimum lighting of 0.3 foot-
candle. This lighting standard is applicable to all accessibly parking lots, driveways,
circulation areas, aisles, passageways, recesses, and accessible grounds
contiguous to all buildings. The lighting system shall be so designed as to limit
light spill beyond property lines and to shield the light source from view from off
site. The photometric plan shall be approved by the City Engineer. (PUBLIC
WORKS)