HomeMy WebLinkAbout2025-08 TM 22-02 Resolution
RESOLUTION NO. 2025-08
A RESOLUTION OF THE CITY COUNCIL 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), FILED BY
REN JIZHONG, 13889 UPPER HILL CT., SARATOGA, CA 95070.
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
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
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Resolution No. 2025-08
Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025
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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 recommended that the City Council approve TM 22-02 with 101 conditions; and
WHEREAS, the City Council held a duly noticed public hearing on February 24, 2025, at
which time the City Council considered the public testimony, the staff report dated February 24,
2025 (“City Council Staff Report”), and all other documentation related to TM 22-02; and
WHEREAS, the City Council finds that TM 22-02 conforms to the City's General Plan and
elements thereof; and
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
In order to deny the map, the City Council would have to make one or more of seven listed
findings prescribed by Government Code Section 66474 based upon substantial evidence in
the record. The seven findings are listed below, along with an explanation for each one as to
why the City Council cannot make the finding:
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
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City Council Regular Meeting | February 24, 2025
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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.
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
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Resolution No. 2025-08
Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025
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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 approved by the Gilroy
Engineering Division or the appropriate governmental agency (e.g., utility company).
SECTION II
The City Council of the City of Gilroy hereby approves TM 22-02, subject to the 101
conditions of approval set forth in Exhibit “A” attached hereto.
PASSED AND ADOPTED this 24th day of February 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS: BRACCO, FUGAZZI, MARQUES, HILTON,
RAMIREZ, CLINE, BOZZO
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Greg Bozzo, Mayor
ATTEST:
____________________________
Beth Minor, Interim City Clerk
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Resolution No. 2025-08
Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025
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CERTIFICATE OF THE CLERK
I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2025-08 is an original resolution, or true and correct copy of a City Resolution,
duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council
held Monday, February 24, 2025, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City
of Gilroy this February 26, 2025.
Beth Minor
Interim City Clerk of the City of Gilroy
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Resolution No. 2025-08
Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025
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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.
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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.
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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
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City Council Regular Meeting | February 24, 2025
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communities on-site shall be reported to the California Natural
Diversity 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
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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
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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
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.
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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.
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
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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).
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.
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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
applicable year-specific quantitative threshold2 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;
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-
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.
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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
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
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.
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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
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-
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
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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
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
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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:
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
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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.
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
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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.”
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
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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;
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
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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
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.
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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
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;
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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
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;
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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
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
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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)
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,
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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
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 include
exhibits, tables, calculations, and all technical information supporting facts, including but not limited
to, exhibit of the proposed site conditions, which clearly delineates impervious and pervious areas
on site. The plan shall provide a separate hatch or shading for landscaping/pervious areas on-site
including those areas that are not bio-retention areas. This stormwater control plan report format
does not replace, or is not in-lieu of any stormwater control plan sheet in the improvement plans.
The stormwater control plan shall include a signed Performance Requirement Certifications
specified in the Stormwater Guidance Manual. At applicant’s sole expense, the stormwater control
plan shall be submitted for review by an independent third party accepted by the City for
compliance. Result of the peer review shall be submittal and approved by the City Engineer prior to
the issuance of the first 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
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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
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
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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
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,
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and released for construction, prior to the issuance of the encroachment permit.
Right-of-way offsite improvements for this project shall include, at a minimum, the
following items: (PUBLIC WORKS)
a. Existing Utility Confirmation: 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
b. 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.
c. 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.
d. STREET SIGNS AND MARKINGS: The applicant shall install necessary
street signs and markings of a material and design approved by the City
Engineer. These include but are not limited to all pavement markings,
painted curbs and handicap markings along the project. 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. Due to safety concerns
regarding Miller Ave in a rural area, this project shall remove all existing
signs and pavement marking, and replace with reflectorized materials per
Caltrans standards and/or approval by the City Engineer. Any existing
painted curb or pavement markings no longer required shall be removed by
grinding if thermoplastic, or sand blasting if in paint.
e. SIDEWALK: The applicant shall install 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.
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f. 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.
g. 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.
h. CURB AND GUTTER: The applicant shall install new curb and gutter in
Miller Ave along Phase I, and if required by the city engineer, along phase II,
and shall be constructed per the City Standard Drawing STR-12.
i. DRIVEWAY APPROACH(ES): The applicant shall install City Standard
Residential driveway approaches.
j. 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.
k. 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.
l. SANITARY (STORM) SEWER MANHOLE(S): The applicant shall install
standard sanitary sewer, per approved plans and in accordance with the
City Standard Drawing.
m. STORM WATER CATCH BASIN(S): The applicant shall install standard
storm water catch basins, in accordance with the City Standard Drawing.
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n. SIDEWALK UNDERDRAIN(S): The applicant shall install standard sidewalk
underdrains in accordance with the City Standard Drawing STR-19.
o. STREETLIGHT(S): The applicant shall provide and install standard aluminum
electrolier street light(s) on Miller Ave from Santa Teresa Blv to San Justo Rd
per City Standard Drawing EL-1 to EL-5. The applicant is responsible for all
PG&E service fees and hook-up charges. Any new service point connection
required to power the new lights shall be shown on the construction drawings
along with the conduit, pull boxes and other items necessary to install the
street lights. An Isometric lighting level needs to be provided by the
designer/contractor. A separate light study may be required by the City
Engineer. The new street light shall has 32’ mounting height per Standard
Drawing EL-3, with mounting arm length per Standard Drawing EL-4, the
Fixture shall be Leotek GC1 or GC2 series in an approved configuration per
detail EL-2 or approved equal. The arm shall be installed at the location as
shown on the approved plans.
p. 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
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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)
67. STREET LIGHTING STANDARDS: The applicant shall submit plans for
street/sidewalk showing lighting levels to Illuminating Engineering Society (IES)
Standards. The plan shall comply with lighting requirements as follows:
a. Arterial Streets: 1.0 fc with minimum lighting of 0.5 fc
b. Collector/Local Streets: 0.6 fc average with a 0.3 fc minimum
c. High Volume Intersections: 1.0 fc with a 4:1 minimum to average ratio and a
minimum lighting of 0.5 fc
d. Low Volume Intersections: 0.6 fc with a 4:1 minimum to average ratio and a
minimum lighting of 0.3 fc.
The applicant shall submit a photometric plan identifying how these lighting levels
are being met given the site geometrics, using City Standard street lights, and a
Type III lighting distribution. The width of the street and lighting levels shall
determine the lighting spacing. Street lights and pull boxes shall be installed in the
planter strip if one is present, or behind the back of walk where feasible so as to
maintain sidewalk clear of obstructions to the approval of the City Engineer. The
photometric plan shall be approved prior to the issuance of the building permit.
(PUBLIC WORKS)
68. FENCES AND OTHER PERMANENT STRUCTURES WITHIN CITY RIGHT-OF-
WAY: The applicant shall locate all project fencing and foundation of a permanent
nature within the project’s property and out of the City right-of-way. (PUBLIC
WORKS)
69. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water
Program’s requirements, the applicant shall mark with the words “No Dumping!
Flows to Bay,” or equivalent, using methods approved by the City standards on all
storm inlets surrounding and within the project parcel. (PUBLIC WORKS)
70. UNDERGROUND FRONTAGE UTILITY LINES: The applicant must underground
all overhead utilities, and remove all related utility poles, onsite and along the
project frontage from utility pole to utility pole, including the overhead line crossing
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Santa Teresa Blvd. The applicant shall be responsible for the coordination with all
utility companies existing on the poles and coordinate for their undergrounding or
relocation as necessary so that the project frontage is free from utilities to the
approval of the City Engineer. The applicant shall submit plans for this
undergrounding work with the civil site improvement plans submitted with the first
building permit. Permitting for this undergrounding work shall occur prior to the site
improvement plan permit. (PUBLIC WORKS)
71. DRAINAGE: Drainage designed into landscaping with the purpose of reducing
volume or improving quality of runoff from the site shall be implemented according
to the requirements of the Stormwater Management Guidance Manual for Low
Impact Development & Post Construction Requirements (June 2015) and shall also
be, subject to the approval of the City Engineer. Where necessary, sidewalk drains
per the City Standard Drawing shall be provided to direct the water under the
sidewalk and through the curb. No increase to the peak discharge shall be
permitted downstream. In addition, discharge must conform to any non-point
source permit issued by the Regional Water Quality Control Board. Drainage
improvements made on-site shall conform to standard engineering practices and
shall not allow any site drainage to impact adjacent properties. All drainage
capacity calculations shall be performed by a licensed Civil Engineer, whose
signed engineer’s stamp shall appear on the calculation’s sheets, and shall be
submitted to the City for review and approval with the project civil plans. For
projects that include permanent structural controls for water quality protection, the
O&M (operation and maintenance) procedures for such control features shall be
submitted in a site-specific Stormwater Control Plan (SWCP) which shall be
reviewed and approved prior to occupancy. A formal O&M Agreement shall specify
the owner’s responsibility to ensure their ongoing effective operation and
maintenance. Such O&M responsibility requirements shall be recorded on the
property deed.
If the project is proposing to connect to an existing storm drain system within or
downstream from the site, the design engineer shall provide calculations with the
final design plans to demonstrate that the downstream drainage system has
adequate capacity to accommodate the additional site flows being added to the
system for the design storm per City Standards. The calculations shall be to the
approval of the City Engineer prior to the issuance of the first building permit.
(PUBLIC WORKS)
72. STORM DRAIN CONNECTION: This sites stormwater runoff shall exit the site
north of Parcel F, and drain into the existing drainage swale into existing culvert of
Babb’s Canyon Creek. The project shall mitigate for all storm events consistent
with storm water management design. (PUBLIC WORKS)
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73. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall
submit results from a third-party review of the project’s stormwater design. The
results shall confirm that the project is complying with requirements set in the City
of Gilroy Stormwater Management Guidance Manual for Low Impact Development
and Post-Construction Requirements. (PUBLIC WORKS)
74. SITE LANDSCAPING COORDINATION: The site landscaping needs to be
coordinated between the stormwater treatment area and the overall site
landscaping plan area. The landscaping within the stormwater treatment area will
not count towards the site landscaping requirement. Stormwater treatment areas
should be identified on the site first, and then site landscaping to make sure the
correct plant material is identified for each area. Some site landscaping plant
material may not be suitable in stormwater treatment areas due to the nature of the
facility. Sewer facilities cannot be aligned through stormwater treatment facilities.
It is the applicant’s responsibility to coordinate the civil stormwater treatment
facilities and the plans from the project landscaper. (PUBLIC WORKS)
75. TRAFFIC STUDY: This project shall make any and all onsite and offsite traffic
mitigations per the project Traffic Impact Analysis. (PUBLIC WORKS)
76. ADDRESS PLAN: The applicant shall submit to the Public Works Department a
final address plan. The plan shall be substantially in conformance with the address
plan approved with the Arch & Site application. Said submittal shall be approved
by the City Engineer prior to the submittal of plans for any demolition permit,
building permit, or site development permit and shall be satisfied prior to issuance
of whichever permit is issued first. (PUBLIC WORKS)
77. PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all
applicable permits from federal, state, and local agencies as required to construct
the proposed improvements. The applicant is hereby informed that permits may be
required by one (1) or more of the following: Army Corps of Engineers, UPRR,
Fish and Wildlife, Regional Water Quality Control Board, Santa Clara County
Roads and Airports, Santa Clara Valley Water District or Habitat Permit. If project
is within jurisdiction of any of these agencies, verification of permit or waiver of
permit must be given to the Public Works Department prior to issuance of any
required City permits. If the City is required to be a party to the permit application
and a fee is required, the applicant shall reimburse the City for its cost. A copy of
these permits shall be provided to the satisfaction of the City Engineer prior to the
issuance of the building permit. (PUBLIC WORKS)
78. IMPACT FEES: The applicant shall pay a fee proportional to the project's share of
impact to the City’s additional tree planting, water system, sewer system, storm
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drainage, transportation improvements, and increases to uses for public facilities.
The fee shall be used to fund improvements identified in the City’s Water Master
Plans. The estimated impact fees, based on the approved entitlement plans, are
estimates only. The actual impact fee will be calculated based on building permit
plans submitted, and the fees approved by the City Council in place at the time of
the building permit submittal. At first improvement plan submittal, applicant’s
engineer shall submit a calculation for water generation per the City’s Master Plan
design criteria. The fee shall be collected by the Public Works Department and
paid prior to issuance of the first building permit.
STREET TREE DEVELOPMENT IMPACT FEE: $13,848.66
STORM DEVELOPMENT IMPACT FEE: $23,347.00
SANITARY SEWER DEVELOPMENT IMPACT FEE: $756,108.00
WATER DEVELOPMENT IMPACT FEE: $259,740.00
TRANSPORTATION IMPROVEMENT FEE: $745,416.00
PUBLIC FACILITIES IMPACT FEE: $1,289,412.00
(PUBLIC WORKS)
79. CONSTRUCTION NOTICING: At least one week prior to commencement of any on
or off-site work, the applicant shall post at the site, and to property owners within
(300') three hundred feet of the exterior boundary of the project site a notice that
construction work will commence on or around the stated date. The notice shall
include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall be included. The
list shall be current at all times and shall consist of persons with authority to initiate
corrective action in their area of responsibility. The names of individuals
responsible for dust, noise and litter control shall be expressly identified in the
notice. Noticing shall be in both English and Spanish. The notice shall be
submitted for review to the approval of the City Engineer two weeks prior to the
issuance of the building permit. (PUBLIC WORKS)
The following conditions shall be met prior to the approval of the FINAL MAP or
PARCEL MAP, or if another deadline is specified in a condition, at that time.
80. DEDICATION OF EASEMENT: The applicant shall dedicate a 16 foot Public
Service Easement to the City. The easement shall be conveyed by tract map. The
applicant shall prepare the easement conveyance documents for review to the
approval of the City Engineer. The easement shall be recorded with the County of
Santa Clara prior to the issuance of the building permit. (PUBLIC WORKS)
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81. SUBDIVISION (FINAL) MAP: The applicant shall have a subdivision map,
prepared by a person authorized to practice land surveying in California,
delineating all parcels created or deleted and all changes in lot lines in
conformance with the Gilroy Municipal Code. The Final Subdivision Map shall be
approved by the Department of Public Works and recorded by the County
Recorder’s Office prior to (occupancy) or (the issuance of the first building permit).
A map guarantee shall be submitted to the City, by the applicant’s title company,
prior to release of the map to the title company for recordation. Prior to the City’s
release of the parcel map to the title company, the applicant may, at the discretion
of the City Engineer, be required to submit to the City an electronic copy of the map
in the AutoCAD Version being used by the City at the time of recordation. It is the
applicant's responsibility to check with their title company and the County
Recorder’s Office to determine the time necessary to have the map recorded after
City approval.
The Subdivision (Final) Map shall be presented to the City Council for review and
action. The City Council meeting will be scheduled approximately fifty (50) days
after the Subdivision (Final) Map is deemed technically correct, and Improvement
Plans with supporting documents, reports and agreements are approved by the
City. Executed Subdivision (Final) Map shall be returned to the City Public Works
Department if Subdivision (Final) Map has not been filed in the County Recorder’s
Office within ninety (90) days from the date of City Council’s approval. (Note: This
item to also be added for condominium projects.) (PUBLIC WORKS)
82. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a
public improvement agreement with the City per Gov. Code Section 66462(a), and
shall arrange to provide Payment and Performance bonds each for 100% of the
cost of public infrastructure improvements to be constructed in the public right-of-
way. These improvements shall include, but not be limited to, roadway
construction, sidewalk, curb and gutter, water lines, storm lines, sewer lines, street
lights, and signal equipment. City Standard insurance shall be provided per the
terms of the agreement. The agreement will be forwarded to the City Council for
approval with project (parcel or final) map. The PIA shall be approved by the City
Council prior to the issuance of the project building permit. (PUBLIC WORKS)
83. MONUMENTS: The applicant shall arrange for the engineer to have all monuments
set per the recorded final map. A certificate letter by the Surveyor or Engineer will
be provided to the City Engineer. (PUBLIC WORKS)
84. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall
prepare project Covenants, Conditions and Restrictions (CC&R) for the project.
The CC&Rs shall be submitted with the project map for review and approval of the
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City Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall
include relevant project Conditions of Approval, and shall include language that
restricts the Homeowner’s Association from making changes to the CC&Rs without
first obtaining approval from the City. The CC&Rs shall be reviewed and approved
prior to the City Council approval of the project map. (PUBLIC WORKS)
85. RECORD DRAWINGS: The applicant shall submit one full set of original record
drawings and construction specifications for all off-site improvements to the
Department of Public Works. All underground facilities shall be shown on the
record drawings as constructed in the field. The applicant shall also provide the
City with an electronic copy of the record drawings in the AutoCAD Version being
used by the City at the time of completion of the work. The applicant shall also
submit an AutoCAD drawing file of all consultants composite basemap linework
showing all public improvements and utility layouts. This condition shall be met
prior to the release of utilities, final inspection, or issuance of a certificate of
occupancy, whichever occurs first. (PUBLIC WORKS)
86. PAVEMENT RESTORATION: Due to construction activities, new utility cuts along
the project frontage, and the anticipated project’s truck traffic the applicant shall at
a minimum conduct a 2” asphalt concrete grind and overlay with dig outs as
needed for Miller Avenue, edge of pavement to edge of pavement, along the entire
project frontage and along the length of proposed Miller Avenue sanitary sewer
main extension.
Additionally, the applicant shall conduct the same pavement treatment listed above
to roadways damaged because of construction activities within the general area of
the project or along the designated haul route. If the street abutting the property
has been classified as being in a failed condition or a Pavement Condition Index
(PCI) of 50 or below, the applicant will be required to reconstruct the street. The
City Engineer shall approve the roadway repair prior to the release of utilities, final
inspection, or issuance of a certificate of occupancy, whichever occurs first.
(PUBLIC WORKS)
87. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:
The applicant shall execute a Stormwater Management Facilities Maintenance
Agreement with the City Engineer as specified in Chapter 7.39.210-230 of the
Stormwater Management and Discharge Control ordinance. The agreement shall
outline the operation and maintenance (O&M) plan for the permanent storm water
treatment facilities. The City-Standard Stormwater BMP Operation and
Maintenance Agreement will be provided by Public Works Engineering. The
agreement shall include the following:
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a. This Agreement shall also provide that in the event that maintenance or
repair is neglected, or the stormwater management facility becomes a
danger to public health or safety, the city shall have the authority to perform
maintenance and/or repair work and to recover the costs from the owner.
b. All on-site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired/replaced by the property
owner(s) or other legal entity approved by the City.
c. Any repairs or restoration/replacement and maintenance shall be in
accordance with City-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of
any stormwater management facility and shall describe the maintenance to
be completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the
approved Stormwater Runoff Management Plan.
This agreement shall be executed prior to the first occupancy of the building.
(PUBLIC WORKS)
88. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater
Management Facilities Maintenance Agreement work shall require inspections be
performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit,
the applicant shall secure a QSD or QSP to maintain all erosion control and
BMP measures during construction. The applicant’s QSD or QSP shall
provide the City weekly inspection reports to the approval of the City
Engineer.
b. Stormwater facility inspections shall be done at least twice per year, once in
Fall by October 1st, in preparation for the wet season, and once in Winter by
March 15th. Written records shall be kept of all inspections and shall
include, at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
c. Upon completion of each inspection, an inspection report shall be submitted
to Public Works Engineering no later than October 1st for the Fall report, and
no later than March 15th of the following year for the Winter report.
d. Before commencing any grading or construction activities, the applicant
shall obtain a National Pollutant Discharge Elimination System (NPDES)
permit and provide evidence of filing of a Notice of Intent (NOI) with the
State Water Resources Control Board.
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e. The applicant is responsible for ensuring that all contractors are aware of all
storm water quality measures and implement such measures. Failure to
comply with the approved construction BMPs will result in the issuance of
correction notices, citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/
retention basins, drain rock, etc.) shall be done toward final phases of
project to prevent silting of facilities and reduce the intended use of the
facilities.
g. Prior to final inspection, all stormwater facilities will be tested by a certified
QSP or QSD to meet the minimum design infiltration rate. All tests shall be
made at on 20 ft x 20ft grid pattern over the surface of the completed
stormwater facility unless otherwise approved by the City Engineer.
All soil and infiltration properties for all stormwater facilities shall be evaluated by
the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer
Testing with appropriate safety factors) at horizontal and vertical (at the depth of
the stormwater facility) shall be conducted for each stormwater facility. A 50%
safety factor shall be applied to the calculated percolation test and shall be used as
the basis for design (the design percolation rate). The geotechnical report shall
include a section designated for stormwater design, including percolation results
and design parameters. (PUBLIC WORKS)
89. REGIONAL BOARD STORMWATER REVIEW: This project may be subject to an
audit by the Central Coast Regional Board. City may be required to provide the
project stormwater design and storm water management plan for Regional Board
review and comment. Prior to building permit issuance, the project shall receive
approval or acknowledgment by the Regional Board. The project may need to
provide the Regional Board any and all necessary documents (including reports,
technical data, plans, etc.) for the Regional Board approval. (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a
condition, at that time.
90. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at
least ten (10) working days prior to the start of any construction work, and at that
time the contractor shall provide a project construction and phasing schedule, and
a 24-hour emergency telephone number list. The schedule shall be in Microsoft
Project, or an approved equal, and shall identify the scheduled critical path for the
installation of improvements to the approval of the City Engineer. The schedule
shall be updated weekly. The approved construction and phasing schedule shall
be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to
surrounding school functions. An approved construction information handout(s)
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shall also be provided to GUSD to share with school parents. (PUBLIC WORKS)
a. All work shown on the improvement plans shall be inspected to the
approval of the City Engineer as applicable. Uninspected work shall be
removed as deemed appropriate by the City Engineer.
b. Construction activities related to the issuance of any Public Works permit
shall be restricted to the weekday between 7:00 a.m. and 7:00 p.m.,
Saturday 9:00 a.m. to 7:00 p.m. for general construction activities. No
work shall be done on Sundays and on City Holidays unless otherwise
approved by the City Engineer. Please note that no work shall be
allowed to take place within the City right-of-way after 5:00 p.m. Monday
through Friday. In addition, no work being done under the issuance of a
Public Works encroachment permit may be performed on the weekend
unless prior approvals have been granted by Public Works. The City
Engineer may apply additional construction period restrictions, as
necessary, to accommodate standard commute traffic along arterial
roadways and along school commute routes. Signs outlining the project
construction times shall be posted at conspicuous locations on site
where it is visible to the public. The signs shall be per the City Standard
Drawing for posting construction hours. The sign shall be kept free of
graffiti at all times. Contact the Public Works Department to obtain
sample City Standard sign outlining hours of operation.
c. The allowed hours of Public Works construction activities may be waived
or modified through an exemption, for limited periods, if the City Engineer
finds that the following criteria are met:
i. Permitting extended hours of construction will decrease the
total time needed to complete the project thus mitigating the
total amount of noise associated with the project as a whole;
or,
ii. Permitting extended hours of construction are required to
accommodate design or engineering requirements, such as a
large concrete pour. Such a need would be determined by the
project's design engineer and require approval of the City
Engineer.
iii. An emergency situation exists where the construction work is
necessary to correct an unsafe or dangerous condition resulting
in obvious and eminent peril to public health and safety. If such
a condition exists, the City may waive any of the remaining
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requirements outlined below.
iv. The exemption will not conflict with any other condition of
approval required by the City to mitigate significant impacts.
v. The contractor or owner of the property will notify residential and
commercial occupants of property adjacent to the construction
site of the hours of construction activity which may impact the
area. This notification must be provided three days prior to the
start of the extended construction activity.
vi. The approved hours of construction activity will be posted at the
construction site in a place and manner that can be easily
viewed by any interested member of the public.
vii. The City Engineer may revoke the exemption at any time if the
contractor or owner of the property fails to abide by the
conditions of exemption or if it is determined that the peace,
comfort and tranquility of the occupants of adjacent residential
or commercial properties are impaired because of the location
and nature of the construction. The waiver application must be
submitted to the Public Works Construction Inspector ten (10)
working days prior to the requested date of waiver.
d. The following provision to control traffic congestion, noise, and dust shall
be followed during site excavation, grading and construction:
i. All construction vehicles should be properly maintained and
equipped with exhaust mufflers that meet State standards.
ii. Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible
after completion of grading, and by landscaping disturbed soils as
soon as possible.
iii. Further, water trucks shall be present and in use at the
construction site. All portions of the site subject to blowing dust
shall be watered as often as deemed necessary by the City, or a
minimum of three times daily, or apply (non-toxic) soil stabilizers
on all unpaved access roads, parking areas, and staging areas at
construction sites in order to ensure proper control of blowing dust
for the duration of the project.
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iv. Watering on public streets, and wash down of dirt and debris into
storm drain systems will not be allowed. Streets will be cleaned
by street sweepers or by hand as often as deemed necessary by
the Construction Inspector, or at least once a day. Watering
associated with on-site construction activity shall take place
between the hours of 8 a.m. and 5 p.m. and shall include at least
one late-afternoon watering to minimize the effects of blowing
dust. Recycled water shall be used for construction watering to
manage dust control where possible, as determined by the City
Engineer. Recycled water shall be billed at the municipal
industrial rate based on the current Santa Clara Valley Water
District’s municipal industrial rate. Where recycled water is not
available potable water shall be used. All potable construction
water from fire hydrants shall be metered and billed at the current
portable fire hydrant meter rate.
v. All public streets soiled or littered due to this construction activity
shall be cleaned and swept on a daily basis during the workweek
to the satisfaction of the Construction Inspector.
vi. Construction grading activity shall be discontinued in wind
conditions that in the opinion of the Public Works Construction
Inspector cause excessive neighborhood dust problems.
vii. Site dirt shall not be tracked into the public right-of-way, and shall
be cleaned immediately if done, or the project may risk being shut
down. Mud, silt, concrete and other construction debris shall not
be washed into the City’s storm drains.
viii. Construction activities shall be scheduled so that paving and
foundation placement begin immediately upon completion of
grading operation.
ix. All aggregate materials transported to and from the site shall be
covered in accordance with Section 23114 of the California
Vehicle Code during transit to and from the site.
x. Prior to issuance of any permit, the applicant shall submit any
applicable pedestrian or traffic detour plans, to the satisfaction of
the City Engineer, for any lane or sidewalk closures. The traffic
control plan shall be prepared by a licensed professional engineer
with experience in preparing such plans. The Traffic Control Plan
shall be prepared by a licensed engineer in accordance with the
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requirements of the latest edition of the California Manual on Uniform Traffic
Control Devices (MUTCD) and standard construction practices. The Traffic Control
Plan shall be approved prior to the commencement of any work within the public
right-of-way.
xi. During construction, the applicant shall make accessible any or all
City utilities as directed by the City Engineer.
xii. The minimum soils sampling and testing frequency shall conform
to Chapter 8 of the Caltrans Construction Manual. The applicant
shall require the soils engineer submit to daily testing and
sampling reports to the City Engineer.
91. JOB SITE SIGNAGE: Prior to construction, A 36 inch by 48 inch weatherproof sign
shall be located so it is clearly readable from the public right-of-way and shall
include the following information:
a. Address of the project site.
b. Permitted hours of construction and of deliveries/off-haul.
c. Name, e-mail address and direct phone number of the General Contractor.
d. Name, e-mail address and direct phone number of responsible person
managing the project.
e. Name and phone number of person to call in case of an emergency.
f. Code Enforcement complaint telephone number (408-846-0264).
92. HERITAGE TREE PROTECTION MEASURES: (use the following condition for
projects with Heritage Trees that require protection The applicant shall submit a
tree protection plan showing how all on and off-site heritage trees will be protected
during construction. All approved and installed Heritage Tree protection measures
shall be installed prior to any site activities, and maintained throughout the period
of construction. The Project Arborist shall complete inspections on an as-need
basis during the construction period and shall submit a monthly report of his/her
findings in a letter sent by fax or email to the City Planner assigned to this project.
(PUBLIC WORKS)
93. PROJECT CLOSE-OUT: Prior to City acceptance of all tract subdivision and
property improvement agreements, the applicant shall comply with all City
construction close-out procedures to the approval of the City Engineer. Refer to
the City’s website for a copy of these procedure. Prior to final inspections, all
pertinent conditions of approval and all improvements shall be completed to the
satisfaction of the Planning Director and City Engineer. A letter indicating that all
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project conditions have been met shall be submitted prior to the first occupancy.
All public improvements, including the complete installation of all improvements
relative to streets, fencing, sanitary sewer, storm drainage, water system,
underground utilities, etc., shall be completed and attested to by the City Engineer
before approval of occupancy of any unit. Where facilities of other agencies are
involved, such installation shall be verified as having been completed and accepted
by those agencies. In addition, the applicant shall submit a detailed project cost
estimate of all public improvements constructed on-site and within the public right-
of-way. The cost estimate shall be prepared by the project engineer, and be to the
approval of the City Engineer. The cost estimate shall be broken out into on-site
and off-site improvements based on the format provided by the City.
Until such time as all improvements required are fully completed and accepted by
City, the applicant shall be responsible for the care maintenance of and any
damage to such improvements. City shall not, nor shall any officer or employee
thereof, be liable or responsible for any accident, loss or damage, regardless of
cause, happening or occurring to the work or Improvements required for this
project prior to the completion and acceptance of the work or Improvements. All
such risks shall be the responsibility of, and are hereby assumed by the applicant.
(PUBLIC WORKS)
94. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal
to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by
FHWA Standards, the applicant shall submit a truck hauling route and receive a
haul permit that conforms to City of Gilroy Standards to the approval of the City
Engineer. Note that the City requires a Haul Permit be issued for any hauling
activities. The project sponsor shall require contractors to prohibit trucks from
using “compression release engine brakes” on residential streets. The haul route
for this project shall be determined at the time of permit issuance. A letter from the
applicant confirming the intention to use this hauling route shall be submitted to the
Department of Public Works, and approved, prior to the issuance of any City
permits. All material hauling activities including but not limited to, adherence to the
approved route, hours of operation, staging of materials, dust control and street
maintenance shall be the responsibility of the applicant. All storage and office
trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and
walks will not be allowed. The applicant must provide an approved method of
cleaning tires and trimming loads on-site. Any job-related dirt and/or debris that
impacts the public right-of-way shall be removed immediately. No wash down of
dirt into storm drains will be allowed. All material hauling activities shall be done in
accordance with applicable City ordinances and conditions of approval. Mud, silt,
concrete and other construction debris shall not be washed into the City’s storm
drains. Violation of such may be cause for suspension of work. (PUBLIC
WORKS)
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95. CONSTRUCTION WORKER PARKING: The applicant shall provide a
construction-parking plan that minimizes the effect of construction worker parking
in the neighborhood and shall include an estimate of the number of workers that
will be present on the site during the various phases of construction and indicate
where sufficient off-street parking will be utilized and identify any locations for off-
site material deliveries. Said plan shall be approved by the City Engineer prior to
issuance of City permits and shall be complied with at all times during construction.
Failure to enforce the parking plan may result in suspension of the City permits.
No vehicle having a manufacturer's rated gross vehicle weight exceeding ten
thousand (10,000) pounds shall be allowed to park on the portion of a street which
abuts property in a residential zone without prior approval from the City Engineer
(§15.40.070). (PUBLIC WORKS)
96. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code,
Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City
Engineer may approve the discharge of uncontaminated pumped ground waters to
the sanitary sewer only when such source is deemed unacceptable by State and
Federal authorities for discharge to surface waters of the United States, whether
pretreated or untreated, and for which no reasonable alternative method of
disposal is available. Following the verification of the applicable local, state and/or
federal approvals, a Discharge Plan will be approved and monitored by the City
Engineer. (PUBLIC WORKS)
97. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition
of Illegal Discharges, the applicant shall follow the specific best management
practices for the installation of the Architectural Copper. For detailed information
please distribute the flyer to all construction personnel involved in the fabrication
and installation of the Architectural Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf
(PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES that the use permitted
by this entitlement occupies the premises
98. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In
accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm
Water Pollution Prevention all projects that meet the criteria described in the Storm
Water Guidance Manual for Low Impact Development and Post-Construction
Requirements shall prepare a storm water control plan (SWCP) and shall meet the
requirements of the design standards and selection of best management practices
and shall be selected and designed to the satisfaction of the City Engineer or
designee. Requirements shall include:
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a. Owner/occupant shall inspect private storm drain facilities at least two (2)
times per year and sweep parking lots immediately prior to and once during
the storm season.
b. The applicant shall be charged the cost of abatement for issues associated
with, but not limited to, inspection of the private storm drain facilities,
emergency maintenance needed to protect public health or watercourses,
and facility replacement or repair in the event that the treatment facility is no
longer able to meet performance standards or has deteriorated. Any
abatement activity performed on the applicant’s property by City staff will be
charged to the applicant at the City’s adopted hourly rate.
c. Label new and redeveloped storm drain inlets with the phrase “No Dumping:
Drains to Bay” plaques to alert the public to the destination of storm water
and to prevent direct discharge of pollutants into the storm drain. Template
ordering information is available at www.flowstobay.org.
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides,
and similar chemical products, as well as petroleum based wastes, tallow,
and grease planned for storage outdoors shall be stored in covered
containers at all times.
e. All public outdoor spaces and trails shall include installation and upkeep of
dog waste stations.
Garbage and recycling receptacles and bins shall be designed and maintained with
permanent covers to prevent exposure of trash to rain. Trash enclosure drains
shall be connected to the sanitary sewer system. (PUBLIC WORKS)
99. * MITIGATION MEASURE: This measure mitigates adverse environmental effects
identified in the environmental document. Monitoring procedures are contained
within the condition of approval. A change in the condition may affect the validity of
the current environmental document, and a new or amended environmental
document may be required. (PUBLIC WORKS)
VALLEY WATER CONDITIONS OF APPROVAL
100. If the applicant should propose a new connection to, and/or extension of, the
recycled water pipeline, they will need to apply for and obtain a Valley Water
encroachment permit.
101. All proposed connections/extensions to the recycled water system (pipelines,
appurtenances, etc.) must be located within a public service easement
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