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HomeMy WebLinkAbout02/20/2025 Planning Commission Regular Agenda Packet February 20, 2025 | 6:00 PM Page 1 of 4 Planning Commission Special Meeting Agenda PLANNING COMMISSION SPECIAL MEETING AGENDA Thursday, February 20, 2025 | 6:00 PM CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET, GILROY, CA 95020 Commissioners: Patricia Bentson: patricia.bentson@cityofgilroy.org Manny Bhandal: manny.bhandal@cityofgilroy.org Brian Dauenhauer: brian.dauenhauer@cityofgilroy.org Stefanie Elle: stefanie.elle@cityofgilroy.org Annedore Kushner: annedore.kushner@cityofgilroy.org Adriana Leongardt: adriana.leongardt@cityofgilroy.org Monica Valdez: monica.valdez@cityofgilroy.org Staff Liaison: Sharon Goei, Community Development Director | sharon.goei@cityofgilroy.org Written comments can be submitted by email to planningdivision@cityofgilroy.org. Please note that written comments will not be read out loud, but will be part of the written record. Comments by the public will be taken on any agenda item before action is taken by the Planning Commission. Persons speaking on any matter are asked to state their name and address for the record. Public testimony is subject to reasonable regulations, including but not limited to time restrictions on particular issues and for each individual speaker. A minimum of 12 copies of materials should be provided to the Clerk for distribution to the Commission and Staff. Public comments are limited to no more than three-minutes, at the Chair’s discretion. Comments on any agenda item may be emailed to the Planning Division at planningdivision@cityofgilroy.org or mailed to the City of Gilroy, Community Development Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division by 1:00 pm on the day of a Planning Commission meeting will be distributed to the Planning Commissioners prior to or at the meeting and are available for public inspection at the Planning Division counter at City Hall, 7351 Rosanna Street. Any correspondence received will be incorporated into the meeting record. Items received after the 1:00 pm deadline will be provided to the Planning Commission as soon as practicable. In compliance with the American Disabilities Act (ADA), the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (408) 846-0491. A sound enhancement system is available in the City Council Chambers. Planning Commission Special Meeting Agenda Page 2 of 4 February 20, 2025 | 6:00 PM If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. Persons who wish to speak on matters set for Public Hearing will be heard when the presiding officer calls for comments from those persons who are in support of or in opposition thereto. After persons have spoken, the hearing is closed and brought to the Planning Commission level for discussion and action. There is no further comment permitted from the audience unless requested by the Planning Commission. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9(b)(1) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the Planning Commission after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also available with the agenda packet on the City website at www.cityofgilroy.org KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE. Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204 or by email at cityclerk@cityofgilroy.org. 1. OPENING (2024 Chair) 2. PLEDGE OF ALLEGIANCE 3. REPORT ON POSTING THE AGENDA AND ROLL CALL 4. ELECT CHAIR AND VICE CHAIR FOR 2025 5. PUBLIC COMMENTS (Three-minute time limit). This portion of the meeting is reserved for persons desiring to address the Planning Commission on matters not on the agenda. The law does not permit the Planning Commission action or extended discussion of any item not on the agenda except under special circumstances. Comments on any agenda item may be emailed to the Planning Division at planningdivision@cityofgilroy.org or mailed to Community Development Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division by 1:00pm on the day of a Planning Commission meeting will be distributed to the Planning Commission prior to or at the meeting and available for public inspection with Planning Commission Special Meeting Agenda Page 3 of 4 February 20, 2025 | 6:00 PM the agenda packet located in the lobby of Planning Division at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondences received will be incorporated into the meeting record. Items received after 1:00pm deadline will be provided to the Planning Commission as soon as practicable. All statements that require a response will be referred to staff for reply in writing. PUBLIC HEARINGS FOR RELATED PROJECT APPLICATIONS WILL BE HEARD CONCURRENTLY AND ACTION WILL BE TAKEN INDIVIDUALLY. COMPANION PROJECTS UNDER NEW BUSINESS WILL BE TAKEN UP FOR ACTION PRIOR TO, OR IMMEDIATELY FOLLOWING THE RELATED PUBLIC HEARING. THIS REQUIRES DEVIATION IN THE ORDER OF BUSINESS AS NOTED WITHIN THE AGENDA. 6. CONSENT AGENDA 6.1. January 16, 2025 Planning Commission Meeting Minutes 7. PUBLIC HEARINGS 7.1. Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area 1. Staff Report: Melissa Durkin, Extra Help Planner 2. Public Comment: 3. Close Public Hearing: 4. Disclosure of Ex-Parte Communication: 5. Possible Action: Staff has analyzed the proposed project, and recommends that the Planning Commission: a) Determine that Tentative Map applications TM 24-02 and TM 24-03 do not require independent CEQA review beyond EIR Addendum #2 because none of the conditions described in CEQA Guidelines Sec. 15162 are present; and b) Adopt a resolution recommending that the City Council adopt a resolution approving Tentative Map TM 24-02, subject to the findings, conditions, and mitigation measures provided in the draft resolution. c) Adopt a resolution recommending that the City Council adopt a resolution approving Tentative Map TM 24-03, subject to the findings, conditions, and mitigation measures provided in the draft resolution. 8. NEW BUSINESS 8.1. FY 2025-26 and FY 2026-27 Planning Commission Workplan, Training, and Budget Request 1. Staff Report: Sharon Goei, Community Development Director Planning Commission Special Meeting Agenda Page 4 of 4 February 20, 2025 | 6:00 PM 2. Possible Action: Staff recommends that the Planning Commission establish and recommend for approval by the City Council the Fiscal Year 2025-26 and Fiscal Year 2026-27 Planning Commission workplan, training , and budget request. 9. INFORMATIONAL ITEMS 9.1. Planning Division Staff Approvals 10. PLANNING DIVISION REPORT 11. ASSISTANT CITY ATTORNEY REPORT 12. ADJOURNMENT To the Next Meeting of March 13, 2025 at 6:00 PM Page 1 of 4 City of Gilroy Planning Commission Special Meeting Minutes Thursday, January 16, 2025 | 6:00 PM 1. OPENING Tonight’s meeting was called to order by Chair Bhandal at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE Chair Bhandal led the pledge of allegiance. 3. REPORT ON POSTING THE AGENDA AND ROLL CALL The agenda was posted on Thursday, January 9, 2025 at 6:00 p.m. Attendance Attendee Name Present Stefanie Elle, Commissioner Adriana Leongardt, Commissioner Joan Lewis, Commissioner Monica Valdez, Commissioner Annedore Kushner, Vice Chair Manny Bhandal, Chair 4. PUBLIC COMMENTS Chair Bhandal opened public comments for items not on the agenda. There being no speakers, Chair Bhandal closed public comment for items not on the agenda. 5. CONSENT AGENDA 5.1. December 5, 2024 Planning Commission Meeting Minutes A motion was made by Commissioner Lewis; seconded by Commissioner Elle to approve the consent agenda. RESULT: Pass [6 – 0] MOVER: Commissioner Lewis SECONDER: Commissioner Elle AYES: Commissioner Elle, Leongardt, Lewis, Valdez, Vice Chair Kushner, Chair Bhandal 6. PUBLIC HEARINGS 6.1. Staff’s request of continuance of public hearing for two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single- family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area January 16, 2025 | 6:00 PM Page 2 of 4 Planning Commission Special Meeting Minutes 1. Staff Report: Sharon Goei, Community Development Director 2. Public Hearing: Chair Bhandal opened public comment. Keli Dan provided a public comment expressing her concerns with the project in terms of traffic, access, emergency services, and environmental impacts that will arise with the increase in unit numbers. 3. Close Public Hearing: There being no further speakers, Chair Bhandal closed public comment. 4. Possible Action: Continue the public hearing, to a date uncertain, for two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single- family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area. A motion was made by Chair Bhandal; seconded by Vice Chair Kushner to: Continue the public hearing, to a date uncertain, for two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area. RESULT: Pass [6 – 0] MOVER: Chair Bhandal SECONDER: Vice Chair Kushner AYES: Commissioner Elle, Leongardt, Lewis, Valdez, Vice Chair Kushner, Chair Bhandal 6.2. Zoning Map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03), and a Tentative Map application to subdivide an approximately 37.54-acre site into 54 single-family residential lots (TM 22-02). 1. Staff Report: Cindy McCormick, Planning Manager 2. Public Hearing: Chair Bhandal opened public comment. Anthony Rosso provided a public comment requesting information on the utility connection locations for the project. Paul Hatmaker provided a public comment requesting clarification on the grade levels of the homes and location of retaining walls proposed. Hatmaker also shared his concerns with emergency services access. January 16, 2025 | 6:00 PM Page 3 of 4 Planning Commission Special Meeting Minutes Darian Kusler provided a public comment appreciating the sidewalk connections and expressed his concerns with the traffic issues along Miller Road. 3. Close Public Hearing: There being no further speakers, Chair Bhandal closed public comment. 4. Possible Action: Staff has analyzed the proposed project, and recommends that the Planning Commission: a) Consider and recommend that the City Council adopt the Mitigated Negative Declaration prepared for the project in accordance with the California Environmental Quality Act (CEQA); and b) Recommend that the City Council adopt an Ordinance approving Zoning Map Amendment Z 22-03; and c) Adopt a resolution recommending that the City Council adopt a resolution approving Tentative Map application TM 22-02, subject to the findings, conditions, and mitigation measures provided in the draft resolution. A motion was made by Chair Bhandal; seconded by Commissioner Lewis to: Consider and recommend that the City Council adopt the Mitigated Negative Declaration prepared for the project in accordance with the California Environmental Quality Act (CEQA). RESULT: Pass [5 – 1] MOVER: Chair Bhandal SECONDER: Commissioner Lewis AYES: Commissioner Elle, Lewis, Valdez, Vice Chair Kushner, Chair Bhandal NAYS: Commissioner Leongardt A motion was made by Commissioner Lewis; seconded by Chair Bhandal to: Recommend that the City Council adopt an Ordinance approving Zoning Map Amendment Z 22-03. RESULT: Pass [5 – 1] MOVER: Commissioner Lewis SECONDER: Chair Bhandal AYES: Commissioner Elle, Lewis, Valdez, Vice Chair Kushner, Chair Bhandal NAYS: Commissioner Leongardt January 16, 2025 | 6:00 PM Page 4 of 4 Planning Commission Special Meeting Minutes A motion was made by Commissioner Valdez; seconded by Commissioner Elle to: Adopt a resolution recommending that the City Council adopt a resolution approving Tentative Map application TM 22-02, subject to the findings, conditions, and mitigation measures provided in the draft resolution. RESULT: Pass [5 – 1] MOVER: Commissioner Valdez SECONDER: Commissioner Elle AYES: Commissioner Elle, Lewis, Valdez, Vice Chair Kushner, Chair Bhandal NAYS: Commissioner Leongardt 7. NEW BUSINESS 7.1. None. 8. INFORMATIONAL ITEMS 8.1. Planning Division Staff Approvals There were no staff approvals since the last report provided to the Planning Commission at its January 16, 2025 special meeting. 9. PLANNING DIVISION REPORT Community Development Director Sharon Goei expressed her sincere gratitude for Cindy McCormick’s service in honor of her last day serving the City of Gilroy. 10. ASSISTANT CITY ATTORNEY REPORT None. 11. ADJOURNMENT To the Next Meeting of February 6, 2025 at 6:00 PM Chair Bhandal adjourned the meeting at 7:18 p.m. Ariana Fabian, Planning Technician Community Development Department 7351 Rosanna Street, Gilroy, CA 95020-6197 Telephone: (408) 846-0451 | Fax: (408) 846-0429 cityofgilroy.org |planningdivision@cityofgilroy.org Sharon Goei DIRECTOR DATE: February 20, 2025 TO: Planning Commission FROM: Melissa Durkin, Extra Help Planner SUBJECT: Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area RECOMMENDATION: Staff has analyzed the proposed project, and recommends that the Planning Commission: a) Determine that Tentative Map applications TM 24-02 and TM 24-03 do not require independent CEQA review beyond EIR Addendum #2 because none of the conditions described in CEQA Guidelines Sec. 15162 are present; and b) Adopt a resolution recommending that the City Council adopt a resolution approving Tentative Map TM 24-02, subject to the findings, conditions, and mitigation measures provided in the draft resolution. c) Adopt a resolution recommending that the City Council adopt a resolution approving Tentative Map TM 24-03, subject to the findings, conditions, and mitigation measures provided in the draft resolution. PROJECT DESCRIPTION: The Planning Commission will provide a recommendation to the City Council regarding a tentative map (TM 24-02) to subdivide an approximately 6.7-acre site into 42 single- family duet residential lots, associated private streets, four (4) private open space parcels that will be maintained by the homeowners’ association, and one (1) lot to be dedicated to the City for a fire station. The Planning Commission will also provide a recommendation to the City Council regarding a tentative map (TM 24-03) to subdivide an approximate 41.4+/- acre site into 40 compact single-family lots in the Canyon Creek neighborhood; 21 single-family lots in the Rocky Knoll neighborhood; and 23 single- family lots in the Malvasia II neighborhood, for a total of 84 residential lots; associated public and private streets; one public open space parcel for the construction of the Santa Teresa trail; one public trail easement for the Rocky Knoll Trail; and 21 private 2 1 8 7 3 open space parcels that will be maintained by the homeowners’ association. Both tentative map applications are for mapping purposes only. Development of the individual lots will be processed through an Administrative Architectural and Site Review application in accordance with the Glen Loma Ranch Specific Plan. DISCUSSION AND ANALYSIS: BACKGROUND: Glen Loma Specific Plan Area: The Glen Loma Ranch Development comprises approximately 359 acres located in the western rolling foothills of Gilroy between Santa Teresa Boulevard and Uvas Creek. The Glen Loma Ranch Specific Plan was approved in 2005 following a process that involved City officials, City staff, and input from the local community. The approved Specific Plan area includes several distinct neighborhoods along with the related infrastructure including streets, roundabouts, trails, parks, etc. The Glen Loma Ranch Specific Plan forecasted a build out of 1,693 dwelling units, 7.8 acres of nonresidential uses, and 145 acres of parks and open space with an extensive trail system linking the various neighborhoods and a town center component. Current Planned Buildout: The Glen Loma Ranch development has built out at lower land use intensity than anticipated, and the current projected buildout is 1,467 residential units, including potentially 192 units in the Olive Grove neighborhood. In addition to fewer residential units, no commercial use is currently proposed in the Specific Plan area; although the most current traffic study for the Specific Plan analyzed up to 12,000 square feet of commercial uses. Development Agreement and Operating Memoranda: On November 21, 2005, the City of Gilroy and Glen Loma Ranch entered into a Development Agreement (GLR DA) for the development of Glen Loma Ranch (Ordinance 2005-22). The Development Agreement obligated Glen Loma Ranch to construct several public improvements including a fire station and two parks. Cydney Casper Park has been constructed. The second park, McCutchin Creek Park, and the fire station have not been constructed, but were the 3 1 8 7 3 subject of four operating memoranda to the GLR DA. Pursuant to Section 3.13 of the Development Agreement, the City and Glen Loma Ranch may enter into operating memoranda to make minor refinements and clarifications. In 2017, 2018, 2022, and 2024 the City and GLR entered into four Operating Memoranda respectively, each of which has become part of the GLR DA. Under the Third Operating Memorandum, Glen Loma Ranch paid the City $2,336,791 in lieu of constructing the McCutchin Creek Park. The park will be constructed by the City through the City’s Capital Improvement Program at an unspecified date. The Third Operating Memorandum also allows the City to use the funding for the Glen Loma Ranch fire station. The Fourth Operating Memorandum was approved by the City Council on October 7, 2024 (Resolution No. 2024-47). The Fourth Operating Memorandum documents the agreed upon timeline, milestones, and mechanism for the dedication of a parcel and the payment of funds to the City to enable the City to take responsibility for the construction of the fire station on the dedicated parcel (illustrated as Parcel Q in the proposed tentative map for TM 24-02). Future Architectural and Site Reviews: In accordance with the Glen Loma Ranch Development Agreement (DA), Architectural and Site Review permits for the four proposed neighborhoods would be approved administratively by the Planning Manager at staff level, provided the plans are consistent with the Glen Loma Ranch Specific Plan. Environmental Assessment: Pursuant to the California Environmental Quality Act (“CEQA”), the City prepared an Environmental Impact Report for the Glen Loma Ranch Specific Plan (“Specific Plan EIR”), which was certified by the City Council on October 17, 2005, and adopted by the City Council on November 7, 2005 (Resolution No. 2005-81). On May 19, 2014, the City Council adopted an addendum to the certified EIR (EIR Addendum #1), modifying Mitigation Measures #4, #23, #31, and deleting Mitigation Measures #32, and #42 (Resolution 2014-19). An analysis of potential traffic impacts associated with the adopted Specific Plan was conducted by Higgins Associates in the Glen Loma Ranch Specific Plan Traffic Impact Report (2005 Traffic Impact Report). Since the Glen Loma Ranch development has built out at a lower land use intensity than anticipated, the applicant hired Keith Higgins, Traffic Engineer, to prepare a revised traffic analysis to determine which mitigation measures would still be triggered under the reduced buildout. The Keith Higgins analysis concluded that the current projected buildout does not trigger several of the Phase 3 mitigation measures. The City of Gilroy then hired Fehr & Peers to conduct a peer review of the analysis. The peer review concluded that Mitigation Measures 36, 37, 39, 41, 43, and 44 are not required and that Mitigation Measure 34 has been satisfied through the installed signalization. On October 7, 2024, the City Council adopted a second addendum to the certified EIR (EIR Addendum #2), finding that, under the current planned buildout of 1,467 residential units, Mitigation Measures 36, 37, 39, 41, 43, and 44 are not required and Mitigation Measure 34 has been satisfied through the installed signalization (Resolution No 2024- 46). A public agency may prepare an addendum to a previously certified EIR if some 4 1 8 7 3 changes or additions are necessary but none of the conditions described in CEQA Guidelines Sec. 15162 (e.g., substantial project changes causing new or more severe environmental impacts than shown in the EIR) are present. A description of the current planned buildout and the associated mitigation measures is included in the linked EIR Addendum #2 at the end of this staff report (see Attachments). Santa Clara Valley Habitat Plan Consistency: The Glen Loma Group has obtained a preliminary habitat plan permit for this project (HP 19-03). STAFF ANALYSIS: Both tentative maps have been reviewed by all city departments (e.g., Fire, Police, Engineering, Building, and Planning) and applicable agencies (e.g., Valley Water). Based on this review, conditions of approval have been prepared in conformance with the requirements of City Code. Subject Property and Surrounding Land Uses: The two tentative map applications are located in the central portion of the Glen Loma Ranch Development, northeast of Santa Teresa Boulevard and northwest of the Eagle Ridge development. The overall development, including the proposed tentative map neighborhoods, is illustrated in the color graphic under the Glen Loma Ranch Specific Plan Area description in the background section of this staff report. Additional information on surrounding land uses is provided under each neighborhood description. Proposed Street Names: The names of the new private streets have been approved in accordance with the Development Agreement and have been reviewed and approved by the City of Gilroy Street Naming Task Force, which includes representatives from the Police, Fire, Engineering, Building, and Planning Divisions. Tentative Map application TM 24-02: TM 24-02 comprises APN # 808-58-002 and 808- 58-003. The Town Center Flex site is located southwest of West Luchessa Avenue, northwest of West 10th Street, north of Loma Ranch Street, and east of Miller Avenue. The Town Center multi-family Neighborhood is located to the south of the Town Center Flex Neighborhood while the Glen Loma Ranch below-market-rate affordable housing development is located to the north on the other side of West Luchessa Avenue. Reservoir Canyon is located to the west of the Town Center Flex Neighborhood on the other side of Miller Avenue. TM 24-02 would subdivide approximately 6.7 acres for development of the Town Center Flex neighborhood. Per page 104 of the Specific Plan, attached residential duplexes (e.g., duets) are a permitted use in the Glen Loma Ranch Town Center Flex area. TM 24-02 proposes 42 single-family duet residential lots, associated private streets, and four (4) private open space parcels that will be maintained by the homeowners’ association. The future fire station will be located on Parcel Q illustrated below. 5 1 8 7 3 Tentative Map application TM 24-03: TM 24-03 comprises APN # 808-18-032 and 808- 58-005. TM 24-03 requests subdivision of approximately 41.37 acres for development of three neighborhoods in the Glen Loma Ranch Specific Plan area. Each of the three proposed neighborhoods, including their general surroundings are further described below. TM 24-03 proposes 40 compact single-family lots in the Canyon Creek neighborhood; 21 compact single-family lots in the Rocky Knoll neighborhood; and 23 compact single-family lots in the Malvasia II neighborhood, for a total of 84 single-family residential lots. Compact lots are described in the Specific Plan in Section 7, page 24. Per page 69 of the Specific Plan, single-family detached traditional or compact residential lots are a permitted residential product type in the Malvasia neighborhood. Per page 70 of the Specific Plan, single-family detached traditional or compact residential lots are a permitted residential product type in the Canyon Creek neighborhood. Per page 71 of the Specific Plan, single-family detached compact residential lots are a permitted residential product type in the Rocky Knoll neighborhood. Per page 104 of the Specific Plan, attached residential units such as duplex are a permitted use in the Town Center Flex area. In addition to associated public and private streets, TM 24-03 would create one public open space parcel for the construction of the Santa Teresa trail, one public trail easement 6 1 8 7 3 for the Rocky Knoll Trail, and 21 private open space parcels that will be maintained by the homeowners’ association. Canyon Creek Neighborhood: The Canyon Creek neighborhood is located southwest of the West Luchessa Avenue extension (to be constructed with this development) between Miller Avenue and Vintner Street but is otherwise surrounded by open space reserve, including Reservoir Canyon Creek to the east. A portion of the Rocky Knoll trail (a hiking and bicycle trail) running adjacent to Reservoir Canyon Creek will be developed with this neighborhood. Access to the overall neighborhood will be via West Luchessa Avenue and Vintner Street. The Canyon Creek neighborhood consists of 40 single-family compact lots, at a density of 10.26+/- DU/net acre. All lots within this neighborhood are accessed by private streets (Vinador Place, Fortino Court, Bellini Court) with on-street parking in addition to private garages and driveways that would be proposed as part of the future architectural and site review applications. Lots in this neighborhood range in size from 3,520+/- to 7,200+/- square feet. Lots 3, 4, 9, 10, 15; 16 through 25; 35 and 36 will side or back onto private preserved open space areas. Lots 1 - 3 and 36 - 40 back onto West Luchessa Avenue, necessitating a 6-foot-high sound wall on that street, consistent with the acoustic analysis. The open space area (B-12) will be separated from Luchessa Avenue by open rail fencing. Rocky Knoll Neighborhood: The Rocky Knoll neighborhood is a triangular shaped site surrounded by the Rocky Knoll open space reserve to the north, Reservoir Canyon to the east, and Santa Teresa Boulevard to the southwest. Like the Canyon Creek neighborhood, a portion of the Rocky Knoll trail will be developed with this neighborhood. 7 1 8 7 3 The Rocky Knoll neighborhood will be developed with 21 single-family detached homes, at a density of 10.0+/- DU/net acre. Access to the Rocky Knoll neighborhood will be via Vintner Street and the neighborhood will be served by Merlot Court, a private street. Lots in this neighborhood range in size from 3,500+/- to 7,700+/- square feet. Lots 64-76 will back onto the Rocky Knoll open space area. Lots 78, 79, 82, 83, and 84 are located adjacent to Santa Teresa Boulevard, necessitating a 6-foot high sound wall, consistent with the acoustic analysis. The open space area (B-19) will be separated from Santa Teresa Boulevard by open rail fencing. Malvasia II Neighborhood: The Malvasia II neighborhood is a triangular shaped site located northeast of Santa Teresa Boulevard, west of the Malvasia I site, and southeast of West Luchessa Avenue and the Montecito neighborhood. Access to the neighborhood will be via Merlot Drive, a private street. The Malvasia II neighborhood will be developed with 23 single-family detached homes, at a density of 9.02+/- DU/net acre. Lots in this neighborhood range in size from 3,800+/- to 8,100+/- square feet. The Malvasia II neighborhood includes private open space areas for landscaping and a focal point. Lots 41-44 and 53 are located adjacent to Santa Teresa Boulevard, necessitating a 6-foot high sound wall, consistent with the acoustic analysis. The open space areas (B-16 and B-18) will be separated from Santa Teresa Boulevard by open rail fencing. PLANNING COMMISSION REVIEW: Pursuant to Gilroy City Code (GCC) Section 21.41, the Planning Commission shall, after considering all reports, recommendations, and comments, transmit its recommendation to the City Council within sixty (60) days from the date of its decision (tentatively scheduled for March 17, 2025). Staff is recommending approval; however, the tentative map may be denied if the proposal would conflict with the city code, statute, law or other valid regulation; if the land is subject to severe flood hazard or severe inundation; or if any of the negative findings from the Subdivision Map Act can be made. As noted below, the proposed development would not be subject to severe flood hazard or severe inundation. A list of the negative findings in support of the project is discussed further in this staff report and provided in the attached draft resolution for each Tentative Map. Flood Zone: As analyzed in the Glen Loma Ranch Specific Plan, the proposed development areas are not within the Federal Emergency Management Agency (FEMA) 100-year flood plain or flood way. There is only a small portion of the Specific Plan area within a floodplain designated by the FEMA Flood Insurance Rate map; however this area is not proposed for development. Tentative Map Findings: Pursuant to Government Code section 66473.5, for a city to approve a subdivision map, it must make a finding that a proposed subdivision is consistent with its general plan. Government Code Section 66474 further provides that a city shall deny approval of a tentative tract or parcel map if it makes any one of seven specific “negative” findings. Thus, for a city to approve a tentative tract or parcel map, it must find the inverse of the following seven “negative” findings in section 66474. 8 1 8 7 3 a. That the proposed subdivision is not consistent with applicable general and specific plans as specified in Section 65451. b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. c. That the site is not physically suitable for the type of development. d. That the site is not physically suitable for the proposed density of development. e. That the design of the proposed subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f. That the design of the subdivision or type of improvements is likely to cause serious public health problems. g.That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. As provided in attached draft resolutions for each tentative map and the information below, the above seven findings can be made in the negative, supporting a Planning Commission recommendation of approval of the proposed tentative maps (TM 24-02 and TM 24-03), as conditioned in the attached draft resolution, including all mitigation measures. As described below, the proposed Tentative Maps (TM 24-02 and TM 24-03) are consistent with the intent of the goals and policies of the Gilroy 2040 General Plan and the Glen Loma Ranch Specific Plan (Findings a. and b.). Physical suitability for the type and density of development proposed was analyzed in the adopted Glen Loma Ranch Specific Plan and environmental review documents (Findings c. and d.). Potential environmental impacts have been analyzed in the certified and adopted Environmental Impact Report (EIR) and adopted EIR Addenda for the Specific Plan (Findings e. and f.). The developer will dedicate trail land to the City for the Santa Teresa trail improvements and easements, the public right-of-way along West Luchessa Avenue, and land required for public service easements (Finding g.). General Plan Consistency: The City's General Plan designates the subject site as Glen Loma Ranch Specific Plan. The proposed tentative maps (TM 24-02 and TM 24-03) are consistent with the Glen Loma Ranch Specific Plan and conform to the goals and policies of the General Plan, as discussed below: 9 1 8 7 3 POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS Land Use (LU) Policies LU 1.1 Pattern of Development Ensure an orderly, contiguous pattern of development that prioritizes infill development, phases new development, encourages compactness and efficiency, preserves surrounding open space and agricultural resources, and avoids land use incompatibilities. LU 2.6 Glen Loma Ranch. Maintain and implement the Glen Loma Ranch Specific Plan to guide development in the area and ensure the new neighborhoods provide a complementary mix of housing, retail, services, public facilities, and open space. The Glen Loma Ranch Specific Plan area has been phased and developed over time, with the four proposed neighborhoods representing all but one of the last remaining neighborhoods envisioned by the Specific Plan. The proposed neighborhoods follow a similar pattern to previously approved neighborhoods within the Specific Plan area. The proposed infill neighborhoods are located in the center of the Specific Plan area and include open space amenities. Although no retail uses are proposed at this time, the current planned buildout and environmental assessment includes up to 12,000 square feet of commercial uses. LU 3.2 Connectivity. Encourage new residential development to incorporate design features that promote walking and connectivity between blocks. The Canyon Creek, Rocky Knoll and Malvasia II subdivision tentative map includes construction of the Rocky Knoll trail and a portion of the Santa Teresa trail. TM 24-02 and TM 24-03 also incorporate sidewalk connectivity within each neighborhood. LU 3.11 Noise Mitigation Design. When requiring noise impact mitigation as a part of new and/or expanded development, promote the use of techniques less visually intrusive than sound walls, including but not limited to site design techniques, earth berms, and sound attenuation fencing with wood or other materials that are more compatible with the site and surrounding area. As noted under the Specific Plan consistency analysis table, six-foot tall soundwalls will be constructed along portions of Santa Teresa Boulevard and West Luchessa Avenue, in accordance with the acoustical analysis prepared for the Specific Plan. The soundwalls will be broken up with open rail wood fencing in addition to breaks in the wall to accommodate access to the trails, sidewalks, and neighborhood streets. The soundwalls will also be screened with landscaping between the soundwall and Santa Teresa Boulevard. Mobility (M) Policies 10 1 8 7 3 POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS M 1.2 Street Network Hierarchy. Provide a transportation network that has a hierarchy of arterial, collector, and local streets to efficiently move bicycle, pedestrian, and vehicular traffic. M 1.4 Residential Traffic. Protect residential streets from excess traffic. M 1.5 Transportation Network Connectivity. Develop a transportation network that connects users of all modes to destinations in Gilroy. M 1.9 Interconnected Residential Streets. Encourage street patterns that provide direct access between neighborhoods for automobiles, pedestrians, and bicycles and connections to nearby neighborhood commercial services. Where access is not provided through the design of the street system, require easements for pedestrian and bicycle access (e.g., between cul-de-sacs). M 1.10 Private Streets. Require private streets to function similar to public streets. Private streets shall include sidewalks, street trees, and promote connectivity. M 2.2 Complete Street Standards. Adopt, maintain, and implement complete streets standards consistent with the NACTO Guidelines that are applicable to adjacent land uses and sensitive to nearby neighborhoods. M 3.2 New Development. Require new development to include a system of sidewalks, trails, and bikeways that link all land uses, provide accessibility to parks and schools, and connect to all existing or planned external street and The Glen Loma Ranch Specific Plan includes a circulation system composed of arterial, collector and local roads connecting to Santa Teresa Boulevard, Miller Avenue, Tenth Street, and West Luchessa Avenue. As conditioned, Tentative Map (TM 24-03) will complete the extension of Luchessa Avenue between the Miller Avenue roundabout and the Vintner Street roundabout (including the creek crossing, utilities, and all appurtenances). All street designs must be consistent with the Specific Plan and built to City standards. Private streets within the proposed subdivisions shall comply with City of Gilroy private street standards in terms of lane width, sidewalk width, and parking stall width. All private streets will be maintained by the homeowners’ association. The proposed street network has been reviewed by the City’s Engineering division and appropriate conditions of approval have been included in the draft resolutions (e.g., private streets shall be maintained by the homeowner’s association). Since the Glen Loma Ranch development has built out at lower land use intensity than anticipated, additional traffic analysis was completed by the consultant who completed the 2005 traffic analysis for the Specific Plan. The City also completed a peer review of the revised analysis to substantiate the finding that some of the original traffic mitigations are not required under the reduced buildout. However, if the buildout assumptions change, additional environmental review will be required at the expense of the applicant. The Specific Plan also includes a well- developed system of bicycle and pedestrian 11 1 8 7 3 POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS trail facilities in accordance with the Mobility Diagrams. M 3.4 Bicycle and pedestrian Path Network. Develop and maintain a network of paths along linear parks, public easements, drainages, and other open space areas to accommodate bicycle and pedestrian traffic. trails that provide connectivity throughout the Specific Plan area and to adjacent residential neighborhoods, Christmas Hill Park, and the Uvas Creek Park Preserve. Opportunities for transit are also included within the plan area. The proposed Tentative Map (TM 24-03) will advance the Specific Plan’s bicycle and pedestrian goals by constructing the Rocky Knoll trail and developing the portion of the Santa Teresa Boulevard trail that abuts its boundary. These trail improvements, along with the trails constructed with the other Specific Plan neighborhoods, will provide pedestrian and bicycle access between neighborhoods and recreational areas within the Specific Plan area. Natural and Cultural Resources (NCR) Policies Goal NCR 1 Preserve and enhance Gilroy’s natural resources for current and future residents. NCR 1.5 Open Space Access and Management In concert with Habitat Plan requirements, encourage the management and maintenance of public and private open space areas in a manner that ensures habitat protection, provides for public access, addresses public safety concerns, and meets low-impact recreation needs. Approximately 25 percent of the Glen Loma Ranch Specific Plan area will be maintained as permanently preserved open space, including 1.44 acres of private open space in the Tentative Map (TM 24- 02) Town Center Flex subdivision and 27.3 acres of private open space in the Tentative Map (TM 24-03) three neighborhood subdivision. Lots backing onto preserved open space areas will provide open view fencing, in accordance with the adopted Specific Plan. All open space within the two subdivisions, the Santa Teresa trail, and the Rocky Knoll trail will be maintained by the homeowners’ association. Public Facilities and Services (PFS) Policies PFS 1.11 Development Impact Fees Require applicants for new development Both Tentative Map resolutions include a condition of approval requiring Street Tree, 12 1 8 7 3 POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS to pay Development Impact Fees for traffic circulation, water, wastewater, storm water and public facilities to offset the costs of expanding these as detailed by the impact fee nexus study. PFS 3.6 Water Infrastructure Ensure that water infrastructure is in place or required in conditions of approval prior to approving new development. PFS 4.6 Recycled Water Coordinate with Valley Water to continue to maximize the production and use of recycled water. Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The draft resolutions also include several conditions of approval to ensure that the project meets the needs of future residents in the proposed development and existing residents throughout the Specific Plan area, including but not limited to grading and drainage, utilities, water lines and related facilities, recycled water, water quality, stormwater, and public improvements (e.g., trail, landscaping, and frontage improvements). General Plan Neighborhood District Land Use Designation: The purpose of these designations is to encourage compact, complete, neighborhood-style development. Traditional single-family uses will comprise a substantial portion of these districts. Commercial and medium- to high-density residential uses should be clustered to form neighborhood centers. Neighborhood centers would be centrally located to be convenient to as many residents as possible. Residents can access neighborhood centers easily by walking, biking, or driving. Neighborhood-serving amenities such as schools, parks, open space, and neighborhood commercial will be integrated in the neighborhood design in a manner that provides the greatest benefit to the community. Neighborhood District Consistency: The adoption of the Glen Loma Ranch Specific Plan implements the Neighborhood District land use designation within the Specific Plan area. The Glen Loma Ranch Specific Plan was envisioned from the beginning as a planning tool that would be consistent with and provide implementation measures sufficient to execute the policies of the Neighborhood District as set forth in the Gilroy General Plan. The adopted Specific Plan lists the various policies of the Neighborhood District and provides a detailed response on how the Glen Loma Ranch Specific Plan is consistent with these policies. The Glen Loma Ranch Specific Plan “encourages” commercial uses in the Specific Plan area but does not require commercial uses. Per page 104 of the Specific Plan, the Glen Loma Ranch Town Center is intended to merge retail, commercial and residential activities within the boundaries of the “Town Center Flex” area. However, the Specific Plan emphasizes that the “flex” designation is intended to “promote a wide range of uses”, and “should not be viewed as prescriptive in nature”. The Specific Plan further states that “the form of the Glen Loma Ranch Town Center will be open for interpretation by future Builders” and then provides a list of permitted uses that includes a range of potential commercial uses as well as a range of 13 1 8 7 3 residential uses, including attached duplexes. Therefore, development of residential duplexes in lieu of commercial uses is consistent with the Specific Plan. Although no retail uses are proposed at this time, the current planned buildout and environmental assessment includes up to 12,000 square feet of commercial uses. Specific Plan Consistency: The Glen Loma Ranch Specific Plan has set forth a series of Standards and Guidelines to help ensure that the vision of the Specific Plan translates to the ultimate built environment. Standards are mandatory requirements that are enforced by terms such as “shall” or “will”. Guidelines are suggested or encouraged but are not explicitly mandatory. However, their intent represents an objective of the Glen Loma Ranch Specific Plan and as such they are intended to be followed in spirit if not literally. Thus, guidelines leave some flexibility for design creativity to meet the intent of the guideline and are promulgated by terms such as “should” or “may”. The following development standards and guidelines are applicable to the proposed project. APPLICABLE GLEN LOMA RANCH DEVELOPMENT STANDARDS STANDARD CONSISTENCY ANALYSIS POSS-5: In order to protect the preserved natural open space from urban intrusion, the creation of open space buffers surrounding the open space will be required. The buffers/FTZs shown on the proposed tentative map (TM 24-03) comply with Specific Plan requirements. These buffers, which act as fuel transition zones (FTZ), are areas of mowed, native vegetation and are specified in Specific Plan figure 26. LUS-1: Each Neighborhood within the Specific Plan shall observe the setbacks to natural features established within the Specific Plan and project Mitigation Measures. The Town Center Flex and Malvasia II neighborhoods are surrounded by developed or developing land (e.g., the future fire station). However, the Canyon Creek and Rocky Knoll subdivisions are largely surrounded by preserved natural open space and other open space. Lot setbacks to the open space areas and the creation of a fuel transition zone were established during development of the Specific Plan. These areas are indicated on Specific Plan Figure 25. The lots within these subdivisions have been designed in accordance with this plan. LUS-2: The Neighborhoods within the Specific Plan shall provide visual as well as physical access to the natural features being preserved and The Canyon Creek and Rocky Knoll subdivisions preserve the view of the preserved open space areas via buffers, open rail fencing, and subdivision design (e.g., lots backing onto open 14 1 8 7 3 APPLICABLE GLEN LOMA RANCH DEVELOPMENT STANDARDS STANDARD CONSISTENCY ANALYSIS enhanced subject to environmental consideration where appropriate. space). The Rocky Knoll trail and Santa Teresa trail will provide access to the open space areas. LUS-11: Streets, and/or trails shall link schools, parks, commercial areas, and residential neighborhoods to ensure pedestrian access. The Specific Plan has been designed with a system of streets and trails that connect the schools, parks, commercial area and neighborhoods within the Specific Plan area. The proposed tentative map implements this aspect of the Specific Plan by constructing streets that will connect to the master planned street system, as well as constructing the adjacent segments of Santa Teresa trail and the Rocky Knoll trail. TCMF / OSS-2: Provide pedestrian paths to connect parking, open space and recreational facilities. The proposed tentative maps have been designed with sidewalks that connect private residential parking, public open space and recreational facilities. TRS-2: The route and destination points of the various trail segments will be conceptually set through the adoption of the Glen Loma Ranch Specific Plan. Future Neighborhoods that develop adjacent to the trail segments shall respect the trail alignments as adopted. TRS-4: Trail segments will be constructed by individual projects adjacent to the trails. The completed trail segments and an area equivalent to the width of future multi-use trails will be built to city standards and dedicated to the City of Gilroy. As illustrated in Figure 24 of the Glen Loma Ranch Specific Plan, the Santa Teresa trail runs parallel to the southerly boundary of the entire Specific Plan area. The Reservoir Canyon Trail and the Rocky Knoll Trail connect to the Santa Teresa Trail at Reservoir Canyon. These trails run perpendicular to the Santa Teresa Trail and converge at West Luchessa Avenue where the Reservoir Canyon trail continues on to Christmas Hill Park. The Rocky Knoll Trail runs along the eastern side of the Canyon Creek and the Rocky Knoll Neighborhoods. The Reservoir Canyon Trail runs along the western side of the Town Center Flex area. The tentative map (TM 24-03) has been designed to accommodate construction of a segment of the Santa Teresa trail and the Rocky Knoll trail, as envisioned by the Specific Plan. FPS-1: The size of each Focal Point shall be at least 4,500 square feet in size. The proposed focal point areas exceed 4,500 square feet, as illustrated in the lot summary table on sheet 2 of Tentative Map TM 24-03. No focal 15 1 8 7 3 APPLICABLE GLEN LOMA RANCH DEVELOPMENT STANDARDS STANDARD CONSISTENCY ANALYSIS points are proposed or required in the Town Center Flex neighborhood (TM 24-02). NLS-1: Neighborhoods that lie adjacent to Santa Teresa Boulevard shall provide a fifty-foot (50’) buffer for acoustical and aesthetic considerations. The Malvasia II and Rocky Knoll neighborhoods are located adjacent to Santa Teresa Boulevard and will be visible from that roadway. The developer has designed both neighborhoods to accommodate single-family detached dwelling units adjacent to Santa Teresa Boulevard. Architectural plans have not yet been submitted, however the residential homes shall be setback at least 50 feet from Santa Teresa Boulevard. APPLICABLE GLEN LOMA RANCH DEVELOPMENT GUIDELINES GUIDELINE CONSISTENCY ANALYSIS VAG-1: Through streets are preferred, but loop streets are permitted to form interconnecting grid patterns. The proposed tentative maps propose a combination of through and looped streets. NLG-2: In cases where sound walls are used, the following measures should be used: Breaks and openings shall be incorporated in the design of the sound walls. Locate sound walls behind berms and/ or landscaping to screen them from Santa Teresa Boulevard. Portions of the Rocky Knoll and Malvasia II neighborhoods back onto Santa Teresa Boulevard while portions of the Canyon Creek and Town Center Flex neighborhoods back onto Luchessa Avenue, necessitating a soundwall. An acoustical analysis prepared for the Specific Plan determined that soundwalls with a height of six feet are adequate to meet General Plan noise standards. Therefore, all proposed soundwalls are six feet in height. The soundwalls will be broken up with open rail fencing in addition to breaks in the wall to accommodate access to the trails, sidewalks, and neighborhood streets. The soundwalls will also 16 1 8 7 3 APPLICABLE GLEN LOMA RANCH DEVELOPMENT GUIDELINES GUIDELINE CONSISTENCY ANALYSIS be screened with landscaping between the soundwall and Santa Teresa Boulevard. The January 16, 2025 Planning Commission presentation will include a graphic illustrating the soundwalls, two rail fencing, and landscape screening. PUBLIC NOTICING: On February 5, 2025, notices of the two Tentative Map applications and the February 20, 2025 Planning Commission meeting were mailed to the property owners within 500 feet of the subject site, utilizing data from the County Assessor. The notice was also published in the Gilroy Dispatch on February 7, 2025. The property has also been posted with on- site signage notifying passersby of pending development. In addition, the Planning Commission public hearing packets are available through the City's webpage, and the City has created a dedicated webpage for the proposed development. NEXT STEPS / APPEAL PROCEDURE: If the Planning Commission recommends approval, the City Council is the decision- making body for approval of the application. If the Planning Commission denies the tentative map application (which is not recommended), or if the applicant is dissatisfied with the recommended conditions of approval, the applicant may appeal to the City Council. Pursuant to Gilroy City Code (GCC) Section 21.41, if the developer is dissatisfied with any action of the Planning Commission with respect to the tentative map or the kinds, nature and extent of the improvements recommended by the advisory agency to be required, they may, within ten (10) days after such action, appeal to the City Council for a public hearing thereon. Tentative Map applications TM 24-02 and 24-03 are tentatively scheduled for the March 17, 2025 City Council meeting. The Engineering Division will process the final maps in accordance with the Subdivision Map Act and City Code Chapter 21 (Subdivisions and Land Development) once the tentative maps have been approved. In accordance with Section 21.41(i) of the Gilroy City Code, initial approval of a tentative map is valid for twenty-four (24) months. Such approval may only be extended at the Council’s discretion. ATTACHMENTS: 17 1 8 7 3 1. TM 24-02 Location Map 2. TM 24-03 Location Map 3. TM 24-02 Tentative Map (proposed) 4. TM 24-03 Tentative Map (proposed) 5. TM 24-02 Draft Resolution 6. TM 24-03 Draft Resolution 7.Glen Loma Ranch Specific Plan (link) 8.Glen Loma Ranch Draft EIR (link) 9.Glen Loma Ranch Final EIR (link) 10.EIR Addendum #1 (link) 11.EIR Addendum #2 (link) RESOLUTION NO. 2025-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 24-02, A SUBDIVISION OF AN APPROXIMATE 6.7-ACRE SITE INTO 42 SINGLE-FAMILY DUET RESIDENTIAL LOTS, ASSOCIATED PRIVATE STREETS, AND FOUR (4) PRIVATE OPEN SPACE PARCELS THAT WILL BE MAINTAINED BY THE HOMEOWNERS’ ASSOCIATION ON PROPERTY LOCATED SOUTHWEST OF WEST LUCHESSA AVENUE, NORTHWEST OF WEST 10TH STREET, NORTH OF LOMA RANCH STREET, AND EAST OF MILLER AVENUE (APN # 808-58-002 AND 808- 58-003), FILED BY GLEN LOMA GROUP/FILICE FAMILY ESTATE, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020. WHEREAS, The Glen Loma Group/Filice Family Estate submitted an application requesting a tentative map to subdivide an approximate 6.7-acre site into 42 single-family duet residential lots, associated private streets, and four (4) private open space parcels that will be maintained by the homeowners’ association; and WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan area, northwest of West 10th Street, east of Miller Avenue, north of Loma Ranch Street, and south of West Luchessa Avenue, commonly known as the Town Center Flex neighborhood; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan, application GPA 00-01 (Resolution 2005-82); and WHEREAS, on November 7, 2005, the City of Gilroy adopted and certified an Environmental Impact Report (EIR) and a Mitigation Monitoring Program for the Specific Plan (Resolution 2005-81); and WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement (Ordinance 2005-22); and WHEREAS, pursuant to Section 3.13 of the Development Agreement, the City and Glen Loma Ranch have entered into four operating memoranda to make necessary clarifications and minor modifications to the Development Agreement; and WHEREAS, on May 19, 2014, the City of Gilroy City Council adopted an addendum to the certified EIR (EIR Addendum #1), modifying Mitigation Measures #4, #23, and #31, and deleting Mitigation Measures #32, and #42 (Resolution 2014-19); and WHEREAS, the Glen Loma Ranch Specific Plan forecasted a buildout of 1,693 dwelling units, up to 7.8 acres of commercial/retail uses, and 145 acres of parks and open space with an extensive trail system linking the various neighborhoods and a town center component; and Resolution No. 2025-XX Page 2 WHEREAS, the current planned buildout of the Glen Loma Ranch Specific Plan is 1,467 dwelling units and up to 12,000 square feet of commercial/retail uses, which is much less intensive than the anticipated buildout allowed under the Specific Plan; and WHEREAS, on October 7, 2024, the City of Gilroy City Council adopted a second addendum to the certified EIR (EIR Addendum #2), concluding that, under the current planned buildout, the triggering conditions for EIR Mitigation Measures 36, 37, 39, 41, 43, and 44 are not met, and thus they are not required to be implemented, and also that Mitigation Measure 34 has been satisfied through the installed signalization (Resolution 2024-46); and WHEREAS, the proposed Tentative Map is consistent with the Glen Loma Ranch Specific Plan EIR as amended, and none of the conditions described in CEQA Guidelines Sec. 15162 (e.g., substantial project changes causing new or more severe environmental impacts than shown in the EIR) are present. Therefore, the project does not require independent CEQA review, beyond EIR Addendum #2. Furthermore, the Project is not subject to CEQA under the commonsense exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment [State CEQA Guidelines Section 15061(b)(3)]. WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR and the adopted Addenda to the EIR; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 20, 2025, at which time the Planning Commission considered the public testimony, the staff report dated February 20, 2025, the 2005 Glen Loma Ranch Specific Plan, the 2005 Glen Loma Ranch Specific Plan EIR, EIR Addenda, Mitigation Monitoring Plan, the Gilroy General Plan and Zoning Ordinance, other applicable standards and regulations, and all other documentation related to TM 24-02; and WHEREAS, the Planning Commission finds that no additional CEQA analysis is required, and that all 134 conditions including incorporation of the mitigation measures pursuant to the adopted 2005 Environmental Impact Report (EIR) and Mitigation Monitoring Program, as amended by the EIR Addenda, are necessary to preserve, protect, provide for, and foster the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular; and WHEREAS, the Planning Commission finds that TM 24-02 conforms to the City's General Plan, including the “Glen Loma Ranch Specific Plan” and the “Neighborhood District Policy”; and WHEREAS, in order to deny the map, the Planning Commission would have to make one of the listed findings described in Government Code Section 66474 based upon substantial evidence in the record. The findings are listed below, along with an explanation for each one as to why the Planning Commission cannot make the finding: Resolution No. 2025-XX Page 3 A. The proposed subdivision is not consistent with applicable general and specific plans as specified in 65451. This Finding cannot be made. The proposed subdivision is consistent with the Glen Loma Specific Plan, which includes a discussion on the Glen Loma Ranch Specific Plan’s relationship to, and consistency with, the City’s General Plan. The Glen Loma Ranch Specific Plan was developed in compliance with Government Code 65451. B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. This Finding cannot be made. The proposed subdivision is consistent with the Glen Loma Specific Plan, which includes a discussion on the Glen Loma Ranch Specific Plan’s consistency with the City’s General Plan. Future development of the subdivision shall be consistent with the Glen Loma Ranch Specific Plan and the applicable goals and policies of the City’s General Plan. 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 because the proposed subdivision is one of several neighborhoods within the Glen Loma Ranch Specific Plan, which underwent a comprehensive planning effort, including the adopted and certified Environmental Impact Report (EIR), Mitigation Monitoring Program, and EIR Addenda #1 and #2. The adopted Specific Plan includes a general description of the distribution, location, and extent of land uses, including open space, within the Specific Plan area; the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities needed to support the proposed subdivision; the standards and criteria by which development will proceed; and standards for the conservation, development, and utilization of natural resources, where applicable. The proposed subdivision shall also be consistent with the Tentative Map conditions of approval and mitigation measures. 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, and consistent with the Glen Loma Ranch Specific Plan and the City’s Neighborhood District target housing mix. The proposed subdivision is one of several neighborhoods within the Glen Loma Ranch Specific Plan, which underwent a comprehensive planning effort, including the adopted and certified Environmental Impact Report (EIR), Mitigation Monitoring Program, and EIR Addenda #1 and #2. The proposed subdivision shall also be consistent with the Tentative Map conditions of approval and mitigation measures. Resolution No. 2025-XX Page 4 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 subdivision is part of the Glen Loma Ranch Specific Plan which was analyzed for potential environmental impacts, as further described in the adopted and certified Environmental Impact Report (EIR), Mitigation Monitoring Program, and EIR Addenda #1 and #2. The proposed Tentative Map includes conditions of approval and mitigation measures in conformance with the adopted EIR and Addenda. 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. G. That the design of the proposed subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. This Finding cannot be made. The design of the proposed subdivision TM 24-02 will not conflict with any known access easements. The developer will dedicate land to the City for public right-of-way, trail improvements and easements, and public service easements. NOW, THEREFORE, BE IT RESOLVED that the City of Gilroy Planning Commission hereby recommends that the City Council: a) Based on its independent analysis, determine that Tentative Map application TM 24-02 does not require independent CEQA review beyond EIR Addendum #2 because none of the conditions described in CEQA Guidelines Sec. 15162 (e.g., substantial project changes causing new or more severe environmental impacts than shown in the EIR) are present; Resolution No. 2025-XX Page 5 a) Adopt a resolution approving Tentative Map TM 24-02, subject to the findings, conditions, and mitigation measures provided in the draft resolution. PASSED AND ADOPTED this 20th day of February 2025 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: APPROVED: ________________________ _______________________________ Sharon Goei, Secretary Manny Bhandal, Chairperson Resolution No. 2025-XX Page 6 PLANNING CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1.APPROVED PROJECT: The approval for tentative map TM 24-02 is granted to subdivide an approximate into 42 single-family duet residential lots, associated private streets, and four (4) private open space parcels that will be maintained by the homeowners’ association on Assessor Parcel No. 808-58-002 and 808-58-003, as shown on Project Plans dated as received by the Planning Division on October 30, 2024 prepared by Ruggeri-Jensen-Azar for the Glen Loma Corporation, dated October 2024, and consisting of 9 sheets. Build-out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans, including any changes made at time of improvement plan submittal, shall be considered by the Community Development Director or designee, may require separate discretionary approval by the appropriate decision making body, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council. 2.TENTATIVE MAP EXPIRATION: An approved tentative map or vesting tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Map Act, if the final map is not approved prior to expiration. 3.CONDITIONS OF APPROVAL: Prior to issuance of any Architectural and Site Review permit, Building Permit, Grading Permit, or Improvement Plan, whichever is first issued, Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval and mitigation measures of this permit, as adopted by the decision-maker. 4.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 Resolution No. 2025-XX Page 7 amended, done or made prior to the approval of such resolution that were part of the approval process. 5.Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein 6.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. MITIGATION MEASURES. The following Mitigation Measures are included as conditions of approval, pursuant to the adopted 2005 Glen Loma Ranch Specific Plan EIR and Mitigation Monitoring Program as amended by Addenda #1 and #2 to the EIR, in conformance with the California Environmental Quality Act. 7.(corresponds to EIR Mitigation Measure 3) Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: • Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to Resolution No. 2025-XX Page 8 public roadways; and • Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. 8.(corresponds to EIR Mitigation Measure 5) Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required. 9.(corresponds to EIR Mitigation Measure 6) Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre-construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist. Resolution No. 2025-XX Page 9 10.(corresponds to EIR Mitigation Measure 8) Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site’s drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following: • Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on-site revegetation with locally-obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on-site at a minimum 3:1 replacement ratio. 11.(corresponds to EIR Mitigation Measure 9) Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally-obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on-site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on-site oak woodland at a ratio of 3:1 and replanting on-site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or Resolution No. 2025-XX Page 10 riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game. 12.(corresponds to EIR Mitigation Measure 10) Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak/riparian woodland habitat. 13.(corresponds to EIR Mitigation Measure 13) Prior to issuance of grading and/or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek. Also see condition of Approval #139 14.(corresponds to EIR Mitigation Measure 14) Prior to issuance of grading and/or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non-native, invasive plant species. 15.(corresponds to EIR Mitigation Measure 16) A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas. 16.(corresponds to EIR Mitigation Measure 17) Prior to approval of a tentative map for each phase of the proposed project Resolution No. 2025-XX Page 11 containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division. 17.(corresponds to EIR Mitigation Measure 19) Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete. 18.(corresponds to EIR Mitigation Measure 20) Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits. 19.(corresponds to EIR Mitigation Measure 21) The project applicant shall design all structures in accordance with the California Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy Building Division prior to the issuance of building permits. 20.(corresponds to EIR Mitigation Measure 24) The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water “Best Management Practices” to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project. 21.(corresponds to EIR Mitigation Measure 25) Resolution No. 2025-XX Page 12 Prior to approval and issuance of building or grading permits, the project applicant shall submit plans for review by, and obtain an approved permit from, the Santa Clara Valley Water District for any work that requires a permit from the water district. 22.(corresponds to EIR Mitigation Measure 26) Future applicants in the Glen Loma Ranch specific plan area shall prepare a post- construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable. 23.(corresponds to EIR Mitigation Measure 28) Prior to issuance of a building or grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine-driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and c. Stationary noise-generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. 24.(corresponds to EIR Mitigation Measure 34 and EIR Addendum #2) This mitigation measure is complete. Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection. 25.(corresponds to EIR Mitigation Measure 35) Add a northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure. The northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection shall be operational prior to the issuance of the last building permit for the Filice Family/Christoper owned land (or its successors). Resolution No. 2025-XX Page 13 26.(corresponds to EIR Mitigation Measure 36 and EIR Addendum #2) This mitigation was completed with preparation of the 2019 to 2022 Higgins Traffic memorandums. Prepare a traffic management plan of the Miller Avenue street section southwest of the intersection with Uvas Park Drive. The project proponent shall be responsible for preparation of the plan. The plan shall be subject to review and approval by the City staff. 27.(corresponds to EIR Mitigation Measure 37 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-02, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-02, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”). If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure. Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit. 28.(corresponds to EIR Mitigation Measure 39 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-02, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-02, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”). If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure. Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left-turn lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit. Resolution No. 2025-XX Page 14 Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. One option would be to only add the northbound left-turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left-turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions. 29.(corresponds to EIR Mitigation Measure 41 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-02, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-02, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”). If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure. If the Thomas Road/Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours. OR If the Thomas Road/Luchessa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit. Resolution No. 2025-XX Page 15 30.(corresponds to EIR Mitigation Measure 43 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-02, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-02, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”). If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure. Add second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit. 31.(corresponds to EIR Mitigation Measure 44 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-02, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-02, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”). If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure. Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit. 32.(corresponds to EIR Mitigation Measure 50) Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single-family and multi-family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to Resolution No. 2025-XX Page 16 approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies. 33.(corresponds to EIR Mitigation Measure 52) The Glen Loma Ranch Homeowner’s Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season. This language shall be included in the HOA conditions, covenants, and restrictions. The following conditions shall be addressed prior to issuance of any GRADING PERMIT or IMPROVEMENT PLAN. 34.CONDITIONS OF APPROVAL: As part of any future project submittals (e.g., grading permit or improvement plan), developer shall include a plan sheet(s) that includes a reproduction of all mitigation measures and conditions of approval of this permit, as adopted by the City Council. The following conditions shall be met prior to tract acceptance. 35.ON- AND OFF-SITE IMPROVEMENTS: Prior to tract acceptance, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. The following conditions shall be met prior to the approval of the FINAL MAP, or other deadline as specified in the condition. 36.TENTATIVE MAP: The approved tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Subdivision Map Act and Gilroy City Code section 21.41 (i), if the final map is not approved prior to expiration. Resolution No. 2025-XX Page 17 37.HOMEOWNERS’ ASSOCATION: Developer shall establish Homeowners’ Associations (HOA) for the Town Center Flex neighborhood or annex this neighborhood into the existing Glen Loma Ranch HOA. The HOAs shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the Covenants, Conditions, and Restrictions (CC&Rs) for the development. The City shall review all CC&Rs prior to recordation. 38.COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition. 39.CONSTRUCTION RELATED NOISE: To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site “During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site: a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City-observed holidays; b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; c. Construct sound walls or other noise reduction measures prior to developing the project site; d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.” Resolution No. 2025-XX Page 18 40.CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction- related impacts to air quality, Developer shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) and shall include the following language on any grading, site work, and construction plans issued for the project site “During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site: a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered; c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator; and h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.” 41.DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following: a. Contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; Resolution No. 2025-XX Page 19 b. Contractor will stockpile soil during development activities to allow for proper characterization and evaluation of disposal options; c. Contractor will monitor area around construction site for fugitive vapor emissions with appropriate filed screening instrumentation; d. Contractor will water/mist soil as it is being excavated and loaded onto transportation trucks; e. Contractor will place any stockpiled soil in areas shielded from prevailing winds; and f. Contractor will cover the bottom of excavated areas with sheeting when work is not being performed. 42.DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50’ of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards. 43.DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site: “If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party.” 44.DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans: “If human remains are found during earth-moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains Resolution No. 2025-XX Page 20 until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.” ENGINEERING CONDITIONS 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. 45.GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Clearly identify both public and private utilities. 46.GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval. 47.GENERAL - Improvement plans shall include General Notes found in the City of Gilroy General Guidelines. A complete set of improvement plans shall consist of Civil site design, landscape site design, Electrical, Joint Trench. Resolution No. 2025-XX Page 21 48.GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities (Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the maintenance responsibilities of all facilities. 49.GENERAL - The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct a proposed improvement requiring such permits. A copy of these permits will be provided prior to the start of construction for such improvement. Issuance of residential building permits will not be impacted related to such jurisdictional permits. 50.GENERAL – Improvement plans are required for both on-site and off-site improvements. 51.GENERAL - Existing overhead utilities (if they exist) shall be undergrounded and related utility poles removed along the property frontage 52.GENERAL - 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. 53.GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City. 54.GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer. 55.GENERAL - Prior to issuance of any building permits, developer shall submit for City approval water, sewer and storm drain studies for the development. These studies shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline. 56.GENERAL - At first improvement plan submittal, developers engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria. Resolution No. 2025-XX Page 22 57.FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Latest City impact fee schedule is available on the City’s website. Payment of development impact fees will be required for each unit prior to permit issuance and shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. 58.FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the project engineer, subject to City Engineer approval. Cost estimate shall be broken out into on-site and off-site improvements. 59.FEE - Prior to final map approval, Developer shall pay 100% of the plan check and processing fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds each for 100% of the cost for improvements with the City that shall secure the construction of the improvements. Insurance shall be provided per the terms of the agreement. 60.GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with 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. WDID# shall be added to the grading plans prior to plan approval. 61.GRADING & DRAINAGE - Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with their Resolution No. 2025-XX Page 23 recommendations 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. 62.GRADING & DRAINAGE - At first improvement plan submittal, the developer 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 offsite drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by the development. 63.GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor. 64.GRADING & DRAINAGE - Improvement and grading plans shall show existing topo and features at least 50’ beyond the project boundary. Clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances. 65.PUBLIC IMPROVEMENTS – Prior to Final Map approval, developer shall execute a property improvement agreement and post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement. 66.PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing damaged improvements not designated for removal and all new improvements that are damaged or removed because of developer's operations. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 67.CONSTRUCTION - Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s Valley Water’s municipal industrial rate. Resolution No. 2025-XX Page 24 68.CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 69.CONSTRUCTION - The City shall be notified at least fifteen (15) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 70.CONSTRUCTION - Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays. Saturday 9:00 a.m. to 7:00 p.m. for general construction activity and only with approval by the City Engineer. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 71.CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 72.CONSTRUCTION - 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 permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 73.CONSTRUCTION - It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. 74.CONSTRUCTION - At least two weeks prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property 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. Resolution No. 2025-XX Page 25 75.CONSTRUCTION - 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. 76.TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right of way. 77.UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL 78.FEE – The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The latest City impact fee schedule is available on the City website. Payment of Impact Fees is required at the time of each building prior to Grading permit issuance. Fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. The following are approximate impact fees, estimated when the project was proposed to the Planning Commission. i. Street Tree Development = $2,653 ii. Storm Development = $6,656 iii. Sewer Development = $319,192 iv. Water Development = $81,732 v. Traffic Impact = $469,980 vi. Public Facilities = $843,738 Actual fees will be based on Final Design information and the Current Comprehensive Fee Schedule in effect at the time of fee payment, consistent with and in accordance with City policy. 79.FEE - At first improvement plan submittal, Developer shall submit to Public Works a $25,000 (Twenty-Five Thousand) initial deposit for plan check and processing. This deposit will be credited/accounted for toward final plan check and inspection fee. Resolution No. 2025-XX Page 26 80.GENERAL - No building permits shall be issued until the Final Map is recorded. 81.GENERAL - The approved construction schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents. 82.GENERAL - A current Title Report dated within the last six months, shall be submitted with the first submittal improvement plans. An existing site plan shall be submitted showing all existing site conditions and title report easements. Include bearings and distances for all Right of Way and Easements on the plans. 83.GENERAL - The Developer shall provide a “composite plan” showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled “Composite Plan”) to confirm that there are no conflicts. 84.GENERAL - At first submittal, developer shall provide a Geotechnical report that includes pavement section recommendations for all public and private street pavement sections. 85.GRADING & DRAINAGE - 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 developer shall add this condition to the general notes on the grading plan 86.PUBLIC IMPROVEMENTS – All work in the public right of way, or for public use, shall require an encroachment permit issued by Public Works, and shall be contained in one set. Plans are to be submitted to Public Works for review and approval. 87.PUBLIC IMPROVEMENTS – Offsite improvement plans shall be completed per the Public Works Engineering Checklist found in the Public Works, Engineering, portion of the City’s website. Partial submittals shall not be accepted. Applicant shall make a pre-submittal appointment with the Public Work Land Resolution No. 2025-XX Page 27 Development Section, to review that all submittal applications items are complete. 88.PUBLIC IMPROVEMENTS – Prior to Final Map Approval, the developer shall obtain design approval and bond for all necessary improvements. All improvements must be built to the city Engineer’s satisfaction prior to issuance of the last certificate of occupancy 89.PUBLIC IMPROVEMENTS – At first plan submittal, provide all sight distance exhibits showing adequate sight distance. 90.CONSTRUCTION - 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. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. 91.CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils engineer to daily submit all testing and sampling and reports to the City Engineer. 92.CONSTRUCTION – Prior to Final Map approval, the Developer/Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Prospect, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weekly. 93.CONSTRUCTION - Grading operations between October 15 and April 15 will not be allowed. Grading operations may occur only for minor operations and only approval by Public Works in a separate winterized grading plan to be submitted to the Department of Public Works for approval by September 1. The plan shall include (at a minimum) the following items: Specify the work to be conducted during the winter months with estimated number of working days to complete activity and the type of equipment to be used. Provide a general schedule of the proposed work activities with a written narrative/description of work that includes the procedures for completing said work. Show how the entire site will be protected “Winterized” from sediment erosion and transport and show how all exposed soil will be managed. Resolution No. 2025-XX Page 28 Show temporary sediment basins to be used for collecting stormwater. Sediment basins shall be sized appropriately and calculations shall be provided as part of the plan submittal. Provide details of the temporary sediment basin’s erosions control measures such as sediment berms, Hydroseeding, and bank stabilization. On a single plan sheet, show the entire site at an appropriate scale sufficient to make grading information legible with the location of temporary sediment basins, overland flow arrows indicating flow to the temporary sediment basins, and indicate the discharge locations. 94.CONSTRUCTION PARKING - 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 Public Works Director (§ 15.40.070). 95.TRANSPORTATION – At first plan submittal, developer shall submit on-site and off-site photometric plans. 96.TRANSPORTATION - At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis software, all turning and street circulation movements. 97.TRANSPORTATION - At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis software, all turning and street circulation movements. 98.TRANSPORTATION – Applicant shall obtain a letter from Recology confirming serviceability and site accessibility of solid waste pickup, Contact Lisa Patton, Operations Manager 408-846-4421. The Recology letter (submitted with first building permit submittal) must reference specifically the specific project plans. 99.TRANSPORTATION - Developer shall design driveway grades 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 at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. Resolution No. 2025-XX Page 29 100.UTILITIES – All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted to the City prior to installation. 101.UTILITIES - The following items will need to be completed prior to first building permit submittal: a. The Developer 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 Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. c. Will Serve Letter” from each utility company for the subdivision shall be supplied to the City. 102.UTILITIES - 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. The project engineer shall provide the City a separate “project utility composite plan” showing all Civil, Landscape, electrical, and joint trench information to confirm that there are no conflicts with joint trench plan utilities. 103.UTILITIES – Storm and sewer lines in private streets shall be privately owned and maintained. This should be noted on the title sheet of the project improvement plan. 104.UTILITIES - Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer signed original electrical plan. Resolution No. 2025-XX Page 30 ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved improvement plans. 105.UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 106.UTILITIES - The Developer shall perform Fire Hydrant test to confirm 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. Developer shall coordinate with Fire Department for the Fire Hydrant test. 107.UTILITIES - 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. 108.UTILITIES – Recycled water mains shall be sized to support the Glen Loma Ranch Specific Plan recycled water demands. If Valley Water provides a Reimbursement Agreement for the upsizing of the recycled water mains to conform to the SCRWA Recycled Water Master Plan and said agreement is entered into by both parties prior to the start of the underground construction for the project utilities, then the Developer shall install the upsized recycled water mains and receive reimbursement per the agreement. Corresponds to the GLR Recycled Water Master Plan, TM 13-08, page 93 of 94. 109.UTILTIES – All recycled water system improvements, including appurtenances, shall be located within a PSE. 110.UTILITIES - The Developer/Applicant shall obtain a SCVWD permit for any new recycled water mains connected to the existing Gilroy Water Reclamation Facility system. Resolution No. 2025-XX Page 31 111.UTILTIES - All new mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. 112.UTILITIES - Developer shall provide separate irrigation meter to serve this development’s common area landscaping. 113.UTILITIES - Water lines and related facilities within the proposed subdivision will be publicly owned and maintained. 114.WATER QUALITY - Proposed development shall comply with state mandated regional permits for both pre-construction and post-construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following: a. At first improvement plan submittal, project 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. 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. Provide a separate hatch or shading for landscaping/pervious areas on-site including those areas that are not bioretention areas. This stormwater control plan report format does not replace or is not in lieu of any stormwater control plan sheet in improvement plans. b. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. At developer’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 included with the submittal for City evaluation. d. Prior to plan approval, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit A and Exhibit B. i. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. Resolution No. 2025-XX Page 32 ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. 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. iv. 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. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. 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. e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a certified third party QSP or QSD. ii. 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. f. 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. Resolution No. 2025-XX Page 33 g. Before commencing any grading or construction activities, the developer 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. 115.WATER QUALITY - The developer engineer of record, prior to project acceptance, shall complete a BMP RAM Inventory Data Report and a PCR Benchmark Form. Both forms can be obtained by contacting the Public Works Environmental Group, at Diana.Centeno@cityofgilroy.org 116.WATER QUALITY - 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. 117.WATER QUALITY - The developer shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The developers QSD or QSP shall provide the City weekly inspection reports. 118.WATER QUALITY – Sequence of construction for all Post Construction Required facilities (PCR’s) / stormwater facilities (bioswales, detention/retention basins, drain rock, etc.) shall be done as a final phase of construction to prevent silting of facilities and reduce the intended use of the facilities. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. 119.STORMWATER – All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests 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. 120.STORMWATER – This project may be subject to an audit by the Central Coast Regional Board. City may be required to provide the project stormwater design and storm water management plan for Regional Board review and comment. The project may need to provide the Regional Board any and all necessary Resolution No. 2025-XX Page 34 documents (including reports, technical data, plans, etc.) for the Regional Board approval. 121.LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan. 122.LANDSAPING – The proposed landscaping along the project public street frontages and Roundabouts are maintained by project HOA. Developer shall submit a separate exhibit showing all the HOA maintained landscape areas for Glen Loma Ranch that are within the public right-of-way. 123.MASTER PLANS - Confirm the project is in compliance with the City’s Utility Master Plans. Project utility calculations and reports shall identify conformance to the City's adopted Utility Master Plans. 124.MONUMENTS – All monuments shall be set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer. 125.PROJECT ACCEPTANCE – At first improvement plan submittal, plans must show current topographic survey including current improvements along all adjacent public and private streets. 126.PROJECT ACCEPTANCE – Until such time as all improvements required are fully completed and accepted by City, Developer will 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 Developer. 127.PROJECT ACCEPTANCE – Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan 128.PROJECT ACCEPTANCE – Prior to tract acceptance, developer shall submit for review and approval all of the items identified in the Public Works Department “Development Project Closeout” list. Resolution No. 2025-XX Page 35 129.FINAL MAP - All final maps shall designate all common lots as lettered lots. The Final map should be clear on the limits of Public vs. Private (HOA) designations. 130.FINAL MAP - Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. 131.FINAL MAP –The 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 Final Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Developer shall dedicate necessary right of way and public easements for the project development. 132.OTHER AGENCIES - Developer shall obtain Santa Clara County approval and an encroachment permit for all work in the County Right of Way. Provide Public Works Engineering Department a copy of the Santa Clara County Encroachment. 133.Prior to Final Map Approval, the developer shall enter into a landscape maintenance agreement with the City for all related landscape and trails within the limits of the Glen Loma Ranch Specific Plan. This Agreement shall also include any landscape, road, and trail easements related Santa Teresa Blvd. A detailed map of all areas covered shall be approved by the City Engineer and the County of Santa Clara. FIRE SAFETY CONDITIONS The following conditions apply to NEW CONSTRUCTION, based on the provisions for fire safety during building construction. The building owner and general contractor are responsible for compliance with the provisions below. The following Conditions listed are standard conditions to be provided as notes on the Building Permit Submittal. Some systems require a separate permit from the Resolution No. 2025-XX Page 36 Fire Marshal as noted. 134.SITE CLEARING OF COMBUSTIBLE MATERIALS This project shall comply with the requirements of the Glen Loma Ranch Fuel Management Plan, dated November 2010. This condition is subject to the review and approval of the Fire Marshal. RESOLUTION NO. 2025-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 24-03, A SUBDIVISION OF A 41.4+/- ACRE SITE INTO 40 COMPACT SINGLE- FAMILY LOTS IN THE CANYON CREEK NEIGHBORHOOD; 21 SINGLE- FAMILY LOTS IN THE ROCKY KNOLL NEIGHBORHOOD; AND 23 SINGLE-FAMILY LOTS IN THE MALVASIA II NEIGHORHOOD, FOR A TOTAL OF 84 RESIDENTIAL LOTS; ONE PUBLIC OPEN SPACE PARCEL FOR THE CONSTRUCTION OF THE SANTA TERESA TRAIL; ONE PUBLIC TRAIL EASEMENT FOR THE ROCKY KNOLL TRAIL; 21 PRIVATE OPEN SPACE PARCELS THAT WILL BE MAINTAINED BY THE HOMEOWNERS’ ASSOCIATION; AND ASSOCIATED PUBLIC AND PRIVATE STREETS ON PROPERTY LOCATED NORTHEAST OF SANTA TERESA BOULEVARD, SOUTH AND SOUTHWEST OF WEST LUCHESSA AVENUE (APN # 808-18-032 and 808-58-005), FILED BY GLEN LOMA GROUP/FILICE FAMILY ESTATE, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020. WHEREAS, The Glen Loma Group/Filice Family Estate submitted an application requesting a tentative map to subdivide an approximate 41.4+/- acre site into 40 compact single-family lots in the Canyon Creek neighborhood; 21 single-family lots in the Rocky Knoll neighborhood; and 23 single-family lots in the Malvasia II neighborhood, for a total of 84 residential lots; associated public and private streets; one public open space parcel for the construction of the Santa Teresa trail; one public trail easement for the Rocky Knoll Trail; and 21 private open space parcels that will be maintained by the homeowners’ association; and WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan area, northeast of Santa Teresa Boulevard, south and southwest of West Luchessa Avenue, commonly known as the Canyon Creek, Rocky Knoll and Malvasia II neighborhoods; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan, application GPA 00-01 (Resolution 2005-82); and WHEREAS, on November 7, 2005, the City of Gilroy adopted and certified an Environmental Impact Report (EIR) and a Mitigation Monitoring Program for the Specific Plan (Resolution 2005-81); and WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement (Ordinance 2005-22); and Resolution No. 2025-XX Page 2 WHEREAS, pursuant to Section 3.13 of the Development Agreement, the City and Glen Loma Ranch have entered into four operating memoranda to make necessary clarifications and minor modifications to the Development Agreement; and WHEREAS, on May 19, 2014, the City of Gilroy City Council adopted an addendum to the certified EIR (EIR Addendum #1), modifying Mitigation Measures #4, #23, and #31, and deleting Mitigation Measures #32, and #42 (Resolution 2014-19); and WHEREAS, the Glen Loma Ranch Specific Plan forecasted a buildout of 1,693 dwelling units, up to 7.8 acres of commercial/retail uses, and 145 acres of parks and open space with an extensive trail system linking the various neighborhoods and a town center component; and WHEREAS, the current planned buildout of the Glen Loma Ranch Specific Plan is 1,467 dwelling units and up to 12,000 square feet of commercial/retail uses, which is much less intensive than the anticipated buildout allowed under the Specific Plan; and WHEREAS, on October 7, 2024, the City of Gilroy City Council adopted a second addendum to the certified EIR (EIR Addendum #2), concluding that, under the current planned buildout, the triggering conditions for EIR Mitigation Measures 36, 37, 39, 41, 43, and 44 are not met, and thus they are not required to be implemented, and also that Mitigation Measure 34 has been satisfied through the installed signalization (Resolution 2024-46); and WHEREAS, the proposed Tentative Maps are consistent with the Glen Loma Ranch Specific Plan EIR as amended, and none of the conditions described in CEQA Guidelines Sec. 15162 (e.g., substantial project changes causing new or more severe environmental impacts than shown in the EIR) are present. Therefore, the project does not require independent CEQA review, beyond EIR Addendum #2. Furthermore, the Project is not subject to CEQA under the commonsense exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment [State CEQA Guidelines Section 15061(b)(3)]. WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR and the adopted Addenda to the EIR; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 20, 2025, at which time the Planning Commission considered the public testimony, the staff report dated February 20, 2025, the 2005 Glen Loma Ranch Specific Plan, the 2005 Glen Loma Ranch Specific Plan EIR, EIR Addenda, Mitigation Monitoring Plan, the Gilroy General Plan and Zoning Ordinance, other applicable standards and regulations, and all other documentation related to TM 24-03; and WHEREAS, the Planning Commission finds that no additional CEQA analysis is required, and that all 144 conditions including incorporation of the mitigation measures pursuant to the adopted 2005 Environmental Impact Report (EIR) and Mitigation Resolution No. 2025-XX Page 3 Monitoring Program, as amended by the EIR Addenda, are necessary to preserve, protect, provide for, and foster the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular; and WHEREAS, the Planning Commission finds that TM 24-03 conforms to the City's General Plan, including the “Glen Loma Ranch Specific Plan” and the “Neighborhood District Policy”; and WHEREAS, in order to deny the map, the Planning Commission would have to make one of the listed findings described in Government Code Section 66474 based upon substantial evidence in the record. The findings are listed below, along with an explanation for each one as to why the Planning Commission 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. The proposed subdivision is consistent with the Glen Loma Specific Plan, which includes a discussion on the Glen Loma Ranch Specific Plan’s relationship to, and consistency with, the City’s General Plan. The Glen Loma Ranch Specific Plan was developed in compliance with Government Code 65451. B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. This Finding cannot be made. The proposed subdivision is consistent with the Glen Loma Specific Plan, which includes a discussion on the Glen Loma Ranch Specific Plan’s consistency with the City’s General Plan. Future development of the subdivision shall be consistent with the Glen Loma Ranch Specific Plan and the applicable goals and policies of the City’s General Plan. 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 because the proposed subdivision is one of several neighborhoods within the Glen Loma Ranch Specific Plan, which underwent a comprehensive planning effort, including the adopted and certified Environmental Impact Report (EIR), Mitigation Monitoring Program, and EIR Addenda #1 and #2. The adopted Specific Plan includes a general description of the distribution, location, and extent of land uses, including open space, within the Specific Plan area; the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities needed to support the proposed subdivision; the standards and criteria by which development will proceed; and standards for the conservation, development, and utilization of natural resources, where applicable. The proposed subdivision shall also be consistent with the Tentative Map conditions of approval and mitigation measures. Resolution No. 2025-XX Page 4 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, and consistent with the Glen Loma Ranch Specific Plan and the City’s Neighborhood District target housing mix. The proposed subdivision is one of several neighborhoods within the Glen Loma Ranch Specific Plan, which underwent a comprehensive planning effort, including the adopted and certified Environmental Impact Report (EIR), Mitigation Monitoring Program, and EIR Addenda #1 and #2. The proposed subdivision shall also be consistent with the Tentative Map conditions of approval and mitigation measures. 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 subdivision is part of the Glen Loma Ranch Specific Plan which was analyzed for potential environmental impacts, as further described in the adopted and certified Environmental Impact Report (EIR), Mitigation Monitoring Program, and EIR Addenda #1 and #2. The proposed Tentative Map includes conditions of approval and mitigation measures in conformance with the adopted EIR and Addenda. 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. G. That the design of the proposed subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. This Finding cannot be made. The design of the proposed subdivision TM 24-03 will not conflict with any known access easements. The developer will dedicate land to the City for public right-of-way, trail improvements and easements, and public service easements. Resolution No. 2025-XX Page 5 NOW, THEREFORE, BE IT RESOLVED that the City of Gilroy Planning Commission hereby recommends that the City Council: a) Based on its independent analysis, determine that Tentative Map application TM 24-03 does not require independent CEQA review beyond EIR Addendum #2 because none of the conditions described in CEQA Guidelines Sec. 15162 (e.g., substantial project changes causing new or more severe environmental impacts than shown in the EIR) are present; b) Adopt a resolution approving Tentative Map TM 24-03, subject to the findings, conditions, and mitigation measures provided in the draft resolution. PASSED AND ADOPTED this 20th day of February 2025 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: APPROVED: ________________________ _______________________________ Sharon Goei, Secretary Manny Bhandal, Chairperson Resolution No. 2025-XX Page 6 PLANNING CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1.APPROVED PROJECT: The approval for tentative map TM 24-03 is granted to subdivide an approximate 41.4+/- acre site into 40 compact single-family lots in the Canyon Creek neighborhood; 21 single-family lots in the Rocky Knoll neighborhood; and 23 single-family lots in the Malvasia II neighborhood, for a total of 84 residential lots; associated public and private streets; one public open space parcel for the construction of the Santa Teresa trail; one public trail easement for the Rocky Knoll Trail; and 21 private open space parcels that will be maintained by the homeowners’ association on Assessor Parcel No. 808-18-032 and 808-58-005, as shown on Project Plans dated as received by the Planning Division on October 30, 2024 prepared by Ruggeri-Jensen-Azar for the Glen Loma Corporation, dated October 2024, and consisting of 21 sheets. Build-out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans, including any changes made at time of improvement plan submittal, shall be considered by the Community Development Director or designee, may require separate discretionary approval by the appropriate decision making body, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council. 2.PREVIOUS SUBMITTALS: Tentative Map TM 24-03 supersedes Tentative Map TM 20-05. 3.TENTATIVE MAP EXPIRATION: An approved tentative map or vesting tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Map Act, if the final map is not approved prior to expiration. 4.CONDITIONS OF APPROVAL: Prior to issuance of any Architectural and Site Review permit, Building Permit, Grading Permit, or Improvement Plan, whichever is first issued, Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval and mitigation measures of this permit, as adopted by the decision-maker. 5.INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Resolution No. 2025-XX Page 7 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.Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein 7.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. MITIGATION MEASURES. The following Mitigation Measures are included as conditions of approval, pursuant to the adopted 2005 Glen Loma Ranch Specific Plan EIR and Mitigation Monitoring Program as amended by Addenda #1 and #2 to the EIR, in conformance with the California Environmental Quality Act. 8.(corresponds to EIR Mitigation Measure 3) Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: Resolution No. 2025-XX Page 8 • Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and • Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. 9.(corresponds to EIR Mitigation Measure 5) Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required. 10.(corresponds to EIR Mitigation Measure 6) Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre-construction surveys for bat roosts shall be performed by a qualified Resolution No. 2025-XX Page 9 biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist. 11.(corresponds to EIR Mitigation Measure 8) Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site’s drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following: • Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on-site revegetation with locally-obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on-site at a minimum 3:1 replacement ratio. 12.(corresponds to EIR Mitigation Measure 9) Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally-obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on-site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the Resolution No. 2025-XX Page 10 City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on-site oak woodland at a ratio of 3:1 and replanting on-site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game. 13.(corresponds to EIR Mitigation Measure 10) Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak/riparian woodland habitat. Also see condition of Approval #139 14.(corresponds to EIR Mitigation Measure 13) Prior to issuance of grading and/or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek. 15.(corresponds to EIR Mitigation Measure 14) Prior to issuance of grading and/or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non-native, invasive plant species. 16.(corresponds to EIR Mitigation Measure 16) A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas. Resolution No. 2025-XX Page 11 17.(corresponds to EIR Mitigation Measure 17) Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division. 18.(corresponds to EIR Mitigation Measure 19) Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete. 19.(corresponds to EIR Mitigation Measure 20) Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits. 20.(corresponds to EIR Mitigation Measure 21) The project applicant shall design all structures in accordance with the California Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy Building Division prior to the issuance of building permits. 21.(corresponds to EIR Mitigation Measure 24) The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water “Best Management Practices” to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project. Resolution No. 2025-XX Page 12 22.(corresponds to EIR Mitigation Measure 25) Prior to approval and issuance of building or grading permits, the project applicant shall submit plans for review by, and obtain an approved permit from, the Santa Clara Valley Water District for any work that requires a permit from the water district. 23.(corresponds to EIR Mitigation Measure 26) Future applicants in the Glen Loma Ranch specific plan area shall prepare a post- construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable. 24.(corresponds to EIR Mitigation Measure 28) Prior to issuance of a building or grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine-driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and c. Stationary noise-generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. 25.(corresponds to EIR Mitigation Measure 34 and EIR Addendum #2) This mitigation measure is complete. Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection. 26.(corresponds to EIR Mitigation Measure 35) Add a northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure. The northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection shall be operational prior to the issuance of the last building permit for the Filice Family/Christoper owned land (or its successors). Resolution No. 2025-XX Page 13 27.(corresponds to EIR Mitigation Measure 36 and EIR Addendum #2) This mitigation was completed with preparation of the 2019 to 2022 Higgins Traffic memorandums. Prepare a traffic management plan of the Miller Avenue street section southwest of the intersection with Uvas Park Drive. The project proponent shall be responsible for preparation of the plan. The plan shall be subject to review and approval by the City staff. 28.(corresponds to EIR Mitigation Measure 37 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-03, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-03, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”). If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure. Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit. 29.(corresponds to EIR Mitigation Measure 39 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-03, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-03, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”). If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure. Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left-turn lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance Resolution No. 2025-XX Page 14 of the first building permit. Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. One option would be to only add the northbound left-turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left-turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions. 30.(corresponds to EIR Mitigation Measure 41 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-03, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-03, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”). If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure. If the Thomas Road/Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours. OR If the Thomas Road/Luchessa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit. Resolution No. 2025-XX Page 15 31.(corresponds to EIR Mitigation Measure 43 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-03, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-03, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”). If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure. Add second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit. 32.(corresponds to EIR Mitigation Measure 44 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-03, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-03, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”). If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure. Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit. 33.(corresponds to EIR Mitigation Measure 50) Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single-family and multi-family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to Resolution No. 2025-XX Page 16 approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies. 34.(corresponds to EIR Mitigation Measure 52) The Glen Loma Ranch Homeowner’s Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season. This language shall be included in the HOA conditions, covenants, and restrictions. The following conditions shall be addressed prior to issuance of any BUILDING PERMIT, GRADING PERMIT or IMPROVEMENT PLAN. 35.CONDITIONS OF APPROVAL: As part of any future project submittals (e.g., Final Map, Building Permit), developer shall include a plan sheet(s) that includes a reproduction of all mitigation measures and conditions of approval of this permit, as adopted by the City Council. The following conditions shall be met prior to tract acceptance. 36.ON- AND OFF-SITE IMPROVEMENTS: Prior to tract acceptance, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. The following conditions shall be met prior to the approval of the FINAL MAP, or other deadline as specified in the condition. 37.TENTATIVE MAP: The approved tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Subdivision Map Act and Gilroy City Code section 21.41 (i), if the final map is not approved prior to expiration. 38.HOMEOWNERS’ ASSOCATION: Developer shall establish Homeowners’ Resolution No. 2025-XX Page 17 Associations (HOA) for the Canyon Creek, Rocky Knoll and Malvasia II neighborhoods or annex these neighborhoods into the existing Glen Loma Ranch HOA. The HOAs shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the Covenants, Conditions, and Restrictions (CC&Rs) for the development. The City shall review all CC&Rs prior to recordation. 39.COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition. 40.CONSTRUCTION RELATED NOISE: To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site “During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site: a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City-observed holidays; b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; c. Construct sound walls or other noise reduction measures prior to developing the project site; d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.” Resolution No. 2025-XX Page 18 41.CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction- related impacts to air quality, Developer shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) and shall include the following language on any grading, site work, and construction plans issued for the project site “During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site: a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered; c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator; and h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.” 42.DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following: a. Contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; Resolution No. 2025-XX Page 19 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. 43.DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50’ of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards. 44.DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site: “If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party.” 45.DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans: “If human remains are found during earth-moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains Resolution No. 2025-XX Page 20 until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.” ENGINEERING CONDITIONS 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. 46.GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Clearly identify both public and private utilities. 47.GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval. 48.GENERAL - Improvement plans shall include General Notes found in the City of Gilroy General Guidelines. A complete set of improvement plans shall consist of Civil site design, landscape site design, Electrical, Joint Trench. Resolution No. 2025-XX Page 21 49.GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities (Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the maintenance responsibilities of all facilities. 50.GENERAL - The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct a proposed improvement requiring such permits. A copy of these permits will be provided prior to the start of construction for such improvement. Issuance of residential building permits will not be impacted related to such jurisdictional permits. 51.GENERAL – Improvement plans are required for both on-site and off-site improvements. 52.GENERAL - Existing overhead utilities (if they exist) shall be undergrounded and related utility poles removed along the property frontage 53.GENERAL - 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. 54.GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City. 55.GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer. 56.GENERAL - Prior to issuance of any building permits, developer shall submit for City approval water, sewer and storm drain studies for the development. These studies shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline. 57.GENERAL - At first improvement plan submittal, developers engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria. Resolution No. 2025-XX Page 22 58.FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Latest City impact fee schedule is available on the City’s website. Payment of development impact fees will be required for each unit prior to permit issuance and shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. 59.FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the project engineer, subject to City Engineer approval. Cost estimate shall be broken out into on-site and off-site improvements. 60.FEE - Prior to final map approval, Developer shall pay 100% of the plan check and processing fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds each for 100% of the cost for improvements with the City that shall secure the construction of the improvements. Insurance shall be provided per the terms of the agreement. 61.GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with 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. WDID# shall be added to the grading plans prior to plan approval. 62.GRADING & DRAINAGE - Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with their recommendations and the peer review comments. The applicant’s Geotechnical Resolution No. 2025-XX Page 23 engineer’s approval shall then be conveyed to the City either by letter or by signing the plans. 63.GRADING & DRAINAGE - At first improvement plan submittal, the developer 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 offsite drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by the development. 64.GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor. 65.GRADING & DRAINAGE - Improvement and grading plans shall show existing topo and features at least 50’ beyond the project boundary. Clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances. 66.PUBLIC IMPROVEMENTS – Prior to Final Map approval, developer shall execute a property improvement agreement and post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement. 67.PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing damaged improvements not designated for removal and all new improvements that are damaged or removed because of developer's operations. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 68.CONSTRUCTION - Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s Valley Water’s municipal industrial rate. 69.CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. Resolution No. 2025-XX Page 24 70.CONSTRUCTION - The City shall be notified at least fifteen (15) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 71.CONSTRUCTION - Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays. Saturday 9:00 a.m. to 7:00 p.m. for general construction activity and only with approval by the City Engineer. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 72.CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 73.CONSTRUCTION - 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 permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 74.CONSTRUCTION - It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. 75.CONSTRUCTION - At least two weeks prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property 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. Resolution No. 2025-XX Page 25 76.CONSTRUCTION - 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. 77.TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right of way. 78.UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL 79.FEE – The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The latest City impact fee schedule is available on the City website. Payment of Impact Fees is required at the time of each building prior to Grading permit issuance. Fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. The following are approximate impact fees, estimated when the project was proposed to the Planning Commission. i. Street Tree Development = $4,548 ii. Storm Development = $41,029 iii. Sewer Development = $636,384 iv. Water Development = $163,464 v. Traffic Impact = $939,960 vi. Public Facilities = $1,687,476 Actual fees will be based on Final Design information and the Current Comprehensive Fee Schedule in effect at the time of fee payment, consistent with and in accordance with City policy. 80.FEE - At first improvement plan submittal, Developer shall submit to Public Works a $25,000 (Twenty-Five Thousand) initial deposit for plan check and processing. This deposit will be credited/accounted for toward final plan check and inspection fee. Resolution No. 2025-XX Page 26 81.GENERAL - No building permits shall be issued until the Final Map is recorded. 82.GENERAL - The approved construction schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents. 83.GENERAL - A current Title Report dated within the last six months, shall be submitted with the first submittal improvement plans. An existing site plan shall be submitted showing all existing site conditions and title report easements. Include bearings and distances for all Right of Way and Easements on the plans. 84.GENERAL - The Developer shall provide a “composite plan” showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled “Composite Plan”) to confirm that there are no conflicts. 85.GENERAL - At first submittal, developer shall provide a Geotechnical report that includes pavement section recommendations for all public and private street pavement sections. 86.GRADING & DRAINAGE - 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 developer shall add this condition to the general notes on the grading plan 87.PUBLIC IMPROVEMENTS – All work in the public right of way, or for public use, shall require an encroachment permit issued by Public Works, and shall be contained in one set. Plans are to be submitted to Public Works for review and approval. 88.PUBLIC IMPROVEMENTS – Offsite improvement plans shall be completed per the Public Works Engineering Checklist found in the Public Works, Engineering, portion of the City’s website. Partial submittals shall not be accepted. Applicant shall make a pre-submittal appointment with the Public Work Land Development Section, to review that all submittal applications items are complete. Resolution No. 2025-XX Page 27 89.PUBLIC IMPROVEMENTS – Prior to Final Map Approval, the developer shall obtain design approval and bond for all necessary improvements. All improvements must be built to the city Engineer’s satisfaction prior to issuance of the last certificate of occupancy 90.PUBLIC IMPROVEMENTS - Trail, landscaping, and frontage improvements along Santa Teresa Blvd., Canyon Creek, and Luchessa Ave shall be constructed with the contiguous Final Map and Improvement Plans. 91.PUBLIC IMPROVEMENTS - At first plan submittal, Santa Teresa Blvd. frontage improvements cannot conflict with future Santa Teresa Blvd. plan line widening improvements. At first plan submittal, show complete cross sections from the property line to existing Santa Teresa Blvd. including the proposed widened of Santa Teresa. 92.PUBLIC IMPROVEMENTS – At first plan submittal, provide all sight distance exhibits showing adequate sight distance. 93.PUBLIC IMPROVEMENTS – The developer shall microsurface W. Luchessa from Santa Teresa Blvd to Vintner Ct prior to project acceptance. 94.CONSTRUCTION - 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. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. 95.CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils engineer to daily submit all testing and sampling and reports to the City Engineer. 96.CONSTRUCTION – Prior to Final Map approval, the Developer/Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Prospect, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weekly. 97.CONSTRUCTION - Grading operations between October 15 and April 15 will not be allowed. Grading operations may occur only for minor operations and Resolution No. 2025-XX Page 28 only approval by Public Works in a separate winterized grading plan to be submitted to the Department of Public Works for approval by September 1. The plan shall include (at a minimum) the following items: Specify the work to be conducted during the winter months with estimated number of working days to complete activity and the type of equipment to be used. Provide a general schedule of the proposed work activities with a written narrative/description of work that includes the procedures for completing said work. Show how the entire site will be protected “Winterized” from sediment erosion and transport and show how all exposed soil will be managed. Show temporary sediment basins to be used for collecting stormwater. Sediment basins shall be sized appropriately and calculations shall be provided as part of the plan submittal. Provide details of the temporary sediment basin’s erosions control measures such as sediment berms, Hydroseeding, and bank stabilization. On a single plan sheet, show the entire site at an appropriate scale sufficient to make grading information legible with the location of temporary sediment basins, overland flow arrows indicating flow to the temporary sediment basins, and indicate the discharge locations. 98.CONSTRUCTION PARKING - 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 Public Works Director (§ 15.40.070). 99.TRANSPORTATION – At first plan submittal, developer shall submit on-site and off-site photometric plans. 100.TRANSPORTATION - At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis software, all turning and street circulation movements. 101.TRANSPORTATION - At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis software, all turning and street circulation movements. Resolution No. 2025-XX Page 29 102.TRANSPORTATION – Applicant shall obtain a letter from Recology confirming serviceability and site accessibility of solid waste pickup, Contact Lisa Patton, Operations Manager 408-846-4421. The Recology letter (submitted with first building permit submittal) must reference specifically the specific project plans. 103.TRANSPORTATION - Developer shall design driveway grades 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 at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. 104.UTILITIES – All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted to the City prior to installation. 105.UTILITIES - The following items will need to be completed prior to first building permit submittal: a. The Developer 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 Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. c. Will Serve Letter” from each utility company for the subdivision shall be supplied to the City. 106.UTILITIES - 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. The project engineer shall provide the City a Resolution No. 2025-XX Page 30 separate “project utility composite plan” showing all Civil, Landscape, electrical, and joint trench information to confirm that there are no conflicts with joint trench plan utilities. 107.UTILITIES – Storm and sewer lines in private streets shall be privately owned and maintained. This should be noted on the title sheet of the project improvement plan. 108.UTILITIES - Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer signed original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved improvement plans. 109.UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 110.UTILITIES - The Developer shall perform Fire Hydrant test to confirm 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. Developer shall coordinate with Fire Department for the Fire Hydrant test. 111.UTILITIES - 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. 112.UTILITIES – Recycled water mains shall be sized to support the Glen Loma Ranch Specific Plan recycled water demands. If Valley Water provides a Reimbursement Agreement for the upsizing of the recycled water mains to conform to the SCRWA Recycled Water Master Plan and said agreement is entered into by both parties prior to the start of the underground construction for the project utilities, then the Developer shall install the upsized recycled water mains and receive reimbursement per the agreement. Corresponds to the GLR Recycled Water Master Plan, TM 13-08, page 93 of 94. Resolution No. 2025-XX Page 31 113.UTILTIES – All recycled water system improvements, including appurtenances, shall be located within a PSE. 114.UTILITIES - The Developer/Applicant shall obtain a SCVWD permit for any new recycled water mains connected to the existing Gilroy Water Reclamation Facility system. 115.UTILTIES - All new mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. 116.UTILITIES - Developer shall provide separate irrigation meter to serve this development’s common area landscaping. 117.UTILITIES - Water lines and related facilities within the proposed subdivision will be publicly owned and maintained. 118.WATER QUALITY - Proposed development shall comply with state mandated regional permits for both pre-construction and post-construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following: a. At first improvement plan submittal, project 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. 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. Provide a separate hatch or shading for landscaping/pervious areas on- site including those areas that are not bioretention areas. This stormwater control plan report format does not replace or is not in lieu of any stormwater control plan sheet in improvement plans. b. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. At developer’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 included with the submittal for City evaluation. Resolution No. 2025-XX Page 32 d. Prior to plan approval, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit A and Exhibit B. i. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. 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. iv. 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. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. 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. e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a certified third party QSP or QSD. ii. 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; Resolution No. 2025-XX Page 33 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. f. 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. g. Before commencing any grading or construction activities, the developer 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. 119.WATER QUALITY - The developer engineer of record, prior to project acceptance, shall complete a BMP RAM Inventory Data Report and a PCR Benchmark Form. Both forms can be obtained by contacting the Public Works Environmental Group, at Diana.Centeno@cityofgilroy.org 120.WATER QUALITY - 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. 121.WATER QUALITY - The developer shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The developers QSD or QSP shall provide the City weekly inspection reports. 122.WATER QUALITY – Sequence of construction for all Post Construction Required facilities (PCR’s) / stormwater facilities (bioswales, detention/retention basins, drain rock, etc.) shall be done as a final phase of construction to prevent silting of facilities and reduce the intended use of the facilities. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. 123.STORMWATER – All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests 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 Resolution No. 2025-XX Page 34 rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. 124.STORMWATER – This project may be subject to an audit by the Central Coast Regional Board. City may be required to provide the project stormwater design and storm water management plan for Regional Board review and comment. The project may need to provide the Regional Board any and all necessary documents (including reports, technical data, plans, etc.) for the Regional Board approval. 125.LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan. 126.LANDSAPING – The proposed landscaping along the project public street frontages and Roundabouts are maintained by project HOA. Developer shall submit a separate exhibit showing all the HOA maintained landscape areas for Glen Loma Ranch that are within the public right-of-way. 127.MASTER PLANS - Confirm the project is in compliance with the City’s Utility Master Plans. Project utility calculations and reports shall identify conformance to the City's adopted Utility Master Plans. 128.MONUMENTS – All monuments shall be set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer. 129.PROJECT ACCEPTANCE – At first improvement plan submittal, plans must show current topographic survey including current improvements along all adjacent public and private streets. 130.PROJECT ACCEPTANCE – Until such time as all improvements required are fully completed and accepted by City, Developer will 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 Developer. Resolution No. 2025-XX Page 35 131.PROJECT ACCEPTANCE – Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan 132.PROJECT ACCEPTANCE – Prior to tract acceptance, developer shall submit for review and approval all of the items identified in the Public Works Department “Development Project Closeout” list. 133.FINAL MAP - All final maps shall designate all common lots as lettered lots. The Final map should be clear on the limits of Public vs. Private (HOA) designations. 134.FINAL MAP - Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. 135.FINAL MAP –The 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 Final Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Developer shall dedicate necessary right of way and public easements for the project development. 136.OTHER AGENCIES - Reservoir Canyon Creek runs though the site. Developer shall obtain any permitting necessary by local, state, or federal agencies related to any work within, near, or adjacent with Reservoir Canyon Creek. 137.OTHER AGENCIES - Developer shall obtain Santa Clara County approval and an encroachment permit for all work in the County Right of Way. Provide Public Works Engineering Department a copy of the Santa Clara County Encroachment. 138.Prior to Final Map Approval, the developer shall enter into a landscape maintenance agreement with the City for all related landscape and trails within the limits of the Glen Loma Ranch Specific Plan. This Agreement shall also Resolution No. 2025-XX Page 36 include any landscape, road, and trail easements related Santa Teresa Blvd. A detailed map of all areas covered shall be approved by the City Engineer and the County of Santa Clara. PROJECT SPECIFIC FIRE CONDITIONS OF APPROVAL 139.Luchessa Avenue, between Miller Avenue and Vintner Street (including the creek crossing, utilities, and all appurtenances) shall be constructed prior to the issuance of the last six building permits in TM 24-03. FIRE SAFETY CONDITIONS The following conditions apply to NEW CONSTRUCTION, based on the provisions for fire safety during building construction. The building owner and general contractor are responsible for compliance with the provisions below. The following Conditions listed are standard conditions to be provided as notes on the Building Permit Submittal. Some systems require a separate permit from the Fire Marshal as noted. 140.FIRE ENGINE ACCESS: Per the October 7, 2024, meeting between City staff and the design team, the walking path between lots 76 and 77 which passes through lot B21 shall be widened from 5 feet wide to 12 feet wide to allow for an alternate fire engine access to the proposed development. Turning angles to be smoothed to allow a fire apparatus to make the turns. 141.SITE CLEARING OF COMBUSTIBLE MATERIALS This project shall comply with the requirements of the Glen Loma Ranch Fuel Management Plan, dated November 2010. This condition is subject to the review and approval of the Fire Marshal. VALLEY WATER CONDITIONS 142.The applicant will need to apply for and obtain a Valley Water encroachment permit for any proposed connections/extensions to Valley Water’s recycled water pipeline. 143.All proposed connections to the recycled water system (pipelines, appurtenances, etc.) must be located within a public service easement. Resolution No. 2025-XX Page 37 144.All proposed residential structures on APN: 808-58-005 need to fulfill minimum setback requirements in relation to the two unnamed tributaries of Uvas-Carnadero Creek located within the parcel. The Guidelines and Standards for Land Use Near Streams (GnS) outlines this requirement in Chapter 4, Design Guide 7 ((https://www.valleywater.org/contractors/doing- businesses-with-the-district/permits-working-district-land-or- easement/guidelines-and-standards-land-use-near-streams), which are intended to protect both the creek bank and structures near the bank. The GnS requires all structures to be setback with a 2:1 slope starting from the toe of the creek to the adjacent ground, or 20 feet from the top of bank, whichever is greater. It should be noted that more restrictive setback requirements are specified in the Santa Clara Valley Habitat Plan (VHP), within Chapter 6, under Condition 11 ((https://scv- habitatagency.org/178/Santa-Clara-Valley-Habitat-Plan). The unnamed tributaries are identified as Category 2 streams by the Valley Habitat Agency (VHA) and thus require a minimum setback of 35 feet from the top of bank. In addition, if the site supports riparian vegetation, the setback is extended to include the riparian edge plus a 35-foot buffer. The greater of the two setbacks, either from top of bank or edge of the riparian corridor should be assumed. These setbacks shall not apply to roadways, bridges, trails, or storm drain infrastructure that is located within these setbacks. City of Gilroy Planning Commission Workplan FY 2025-26 and FY 2026-27 Topic/Activity Specific Tasks Resources Required Development Review Review and take action on various planning and land use matters as required by municipal code, items referred by staff or Council, environmental documents, and land use entitlement applications including conditional use permits, variances, subdivisions, General Plan / Housing Element amendments, zoning ordinance and map amendments, specific plans, planned unit developments, historic resources, street naming when applicable, development related to bicyclists and pedestrians Staff, Commission Comprehensive Zoning Code and Map Update Review staff recommended modifications to Zoning Ordinance in conformance with 2040 General Plan Staff, City Attorney, Commission Capital Improvement Plan General Plan Consistency Pursuant to Government Code 65401, the CIP shall be reviewed for conformance with the adopted General Plan Staff, Commission Commission Training Provide the Commission with appropriate training and resources to adequately perform their assigned duties; participate in off-site and/or virtual workshops/conferences Staff, City Attorney, Budget City of Gilroy Planning Commission Training and Budget Request FY 2025-26 and FY 2026-27 Item Workplan Justification Format Planning Commissioners Academy by the League of California Cities The three-day conference supports Development Review and Commission Training workplan areas by providing knowledge on a variety of topics relevant to the commissioners’ role including laws related to FPPC, ethics, land use, CEQA, affordable housing, and legislative updates. Relationships with peers also can result, providing a source of shared knowledge and experience. In- Person Regional Planning Commissioner training by Institute for Local Government, and other training opportunities such as the Silicon Valley Bike Summit This training supports Development Review and Commission Training workplan areas, with interactive training sessions on basics of planning documents, CEQA, public engagement principles, working effectively with staff and the Council specific to the Santa Clara County region. Other training also provides opportunities to learn about transportation alternatives, for example. In- Person Online Training Opportunities such as Historic Preservation This item supports Development Review and Commission Training workplan areas by providing access to resources such as Historic Preservation Bootcamp. Virtual/ Online $1,500 per Commissioner per year TOTAL $10,500 per year Community Development Department 7351 Rosanna Street, Gilroy, California 95020-6197 Telephone: (408) 846-0451 Fax: (408) 846-0429 http://www.cityofgilroy.org TO: Planning Commission FROM: Sharon Goei, Community Development Director Ariana Fabian, Planning Technician DATE: February 20, 2025 SUBJECT: Planning Division Staff Approvals In conformance with Gilroy Municipal Code Sections 30.50.20(b) and 30.50.46, the following table lists all Minor Deviation approvals and all Architectural and Site approval/denial actions taken by the Planning Division since the last report was provided to the Planning Commission at its January 16, 2025 meeting.i APPROVED PROJECT # LOCATION PROJECT NAME & DESCRIPTION 1/14/2025 AS 24-08 7741 Church Street This application approved the demolition of a single-family residence and the construction of a new duplex with an ADU. DENIED PROJECT # LOCATION PROJECT NAME & DESCRIPTION None AS = Architectural and Site Review VMD = Minor Deviation The current status of other planning projects is available online at: https://www.cityofgilroy.org/298/Development-Activity-Projects i Submitted in conformance with Gilroy Municipal Code Sections 30.50.20(b) and 30.50.46