HomeMy WebLinkAboutResolution 2025-11 | Approval of Tentative Map 24-02
RESOLUTION NO. 2025-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING 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
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
Docusign Envelope ID: 8A122006-F876-4354-85CF-4ADDFB0E78ED
Resolution No. 2025-11
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025
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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, on February 20, 2025, the Planning Commission considered and
recommended that the City Council find that no additional CEQA analysis is required and
recommended that the City Council approve TM 24-02 with 134 conditions; and
WHEREAS, the City Council held a duly noticed public hearing on March 17, 2025,
at which time the City Council considered the public testimony, the staff report dated
March 17, 2025 (“City Council Staff Report”), and all other documentation related to TM
24-02; and
WHEREAS, the City Council 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 City Council finds that TM 24-02 conforms to the City's General
Plan and elements thereof, and the “Glen Loma Ranch Specific Plan”; and
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Resolution No. 2025-11
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025
Page 3 of 36
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
In order to deny the map, the City Council 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 City Council cannot make the finding:
A. The proposed subdivision is not consistent with applicable general and specific plans
as specified in 65451.
This Finding cannot be made. 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
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Resolution No. 2025-11
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025
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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 24-02 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.
SECTION II
The City Council of the City of Gilroy hereby approves TM 24-02, subject to the
134 conditions of approval set forth in Exhibit “A” attached hereto.
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Resolution No. 2025-11
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025
Page 5 of 36
PASSED AND ADOPTED this 17th day of March 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS: Bracco; Cline; Fugazzi; Hilton; Marques;
Ramirez; Bozzo
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
___________________________
Greg Bozzo, Mayor
ATTEST:
Bryce Atkins, Acting City Clerk
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Resolution No. 2025-11
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City Council Regular Meeting | March 17, 2025
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CERTIFICATE OF THE CLERK
I, BRYCE ATKINS, Acting City Clerk of the City of Gilroy, do hereby certify that
the attached Resolution No. 2025-11 is an original resolution, or true and correct copy
of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting
of said held on Council held Monday, March 17, 2025, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this March 18, 2025.
____________________________________
Bryce Atkins
Acting City Clerk of the City of Gilroy
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Resolution No. 2025-11
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025
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EXHIBIT A
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
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Resolution No. 2025-11
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025
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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
public roadways; and
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Resolution No. 2025-11
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City Council Regular Meeting | March 17, 2025
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• 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.
10. (corresponds to EIR Mitigation Measure 8)
Prior to approval of each tentative map or use permit, project plans for future
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Resolution No. 2025-11
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City Council Regular Meeting | March 17, 2025
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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
riparian woodland habitat, subject to review and approval of the City of Gilroy
Planning Division and California Department of Fish and Game.
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City Council Regular Meeting | March 17, 2025
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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
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.
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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)
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.
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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).
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
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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.
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
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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.
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
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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
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.
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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.
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,
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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.”
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:
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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;
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.
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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
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
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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.
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.
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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.
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
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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
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.
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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.
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.
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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.
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.
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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.
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.
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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
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.
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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.
• 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.
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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.
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).
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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.
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.
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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.
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
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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.
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.
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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.
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.
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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
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
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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.
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
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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
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.
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