Gilroy City Council
August 1, 2022

PASSED AND ADOPTED this 7th day of July 2022 by the following roll call vote:

AYES: Bhandal, Doyle, Elle, Kushner, Lewis, Leongardt, Moreno

NOES: None

ABSENT: None

ABSTAIN:

ATTEST: APPROVED:

___________________________ _______________________
Jon Biggs, Secretary Many Bhandal, Chairperson

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135 7/14/20227/14/2022

9.3.g
Packet Pg. 320 Attachment: PC Resolution 2022-12 - Z 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

RESOLUTION NO. 2021-13

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

GILROY RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE
MAP (TM 22-01), TO SUBDIVIDE A 3.70-ACRE SITE, TO CREATE19 SINGLE-FAMILY RESIDENTIAL LOTS, WITH 0.26 ACRES TO BE USED AS PRIVATE OPEN SPACE AND 0.35 ACRES TO BE USED FOR A PRIVATE COURT, LOCATED AT 700 WEST 6TH STREET (APN: 799-26-
033/037/049/050/051/052 FILED BY WARMINGTON RESIDENTIAL, 4160 DUBLIN BLVD., SUITE 101, DUBLIN, CA 94568.

WHEREAS, on May 11, 2022 an application submitted by Warmington Residential requesting approval of tentative map (TM 22-01), and related AS 22-01 and Z 22-01, were accepted as complete to allow for the subdivision of a 3.70-acre site into 19 residential lots and associated off-site/on-site improvements, located on 700 W 6th Street; and

WHEREAS, the project has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the California Environmental Quality Act Guidelines the project is exempt from the provisions of CEQA and does not require preparation of environmental documents as the proposed residential redevelopment will occur on an urban infill site less than 5 acres in size, which can be adequately served by all required utilities and public services, and that is consistent with the Gilroy 2040 General Plan residential land use designation; and

WHEREAS, said tentative map was referred to various public utility companies and City departments, including the Technical Advisory Committee for recommendations; and

WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed project on July 07, 2022, at which public hearing the Commission considered the proposed project and concurrent zone change request Z 22-01, staff report as well as all evidence received including written and oral public testimony related to the project TM 22-01; and

WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the Community Development Department, Planning Division.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby finds as follows:

In order to deny the map, the Council would have to make one of the eight listed findings described in Government Code Section 66474 based upon substantial evidence in the record. The eight findings are listed below, along with an explanation for each one as to why the Council cannot make the finding:

A. The proposed subdivision TM 22-01 is not consistent with applicable general and specific plans as specified in 65451.

This Finding cannot be made. The proposed subdivision TM 22-01 is generally consistent with the goals and policies of the City’s General Plan;
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 321 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

B. That the design or improvement of the proposed subdivision TM 22-01 is not consistent with applicable general plan.

This Finding cannot be made. The proposed subdivision TM 22-01 is generally consistent with the 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 it is generally consistent with the City’s Zoning Ordinance, Subdivision and Land Development Code;
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 this type of development because it is generally consistent with the City’s Zoning Ordinance and the Low Density Residential General Plan landuse designation;
E. That the design of the proposed subdivision TM 22-01 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 site is located within a developed urban context and is not in or adjacent to any sensitive habitat areas;
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 TM 22-01 will not cause serious public health problems because the site is located within an urban context and has access to urban services including sewer and water; and
G. That the design of the proposed subdivision TM 22-01 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 22-01 will not conflict with access easements because there are no known existing access easements encumbering this property.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 322 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council the approval of TM 20 -06, subject to the following conditions:

CONDITIONS OF APPROVAL
TM 22-01

PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S).

1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 22-01 is granted to subdivide a 3.69-acre site into 19 lots, located at 700 W 6th St., located on Assessor Parcel No. 799-26-033/037/049/050/051/052 as shown on Project Plans dated as received by the Planning Division on June 10, 2022, prepared by Warmington Residential, dated March 25, 2022, and consisting of 57 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 building permit submittal, shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council.

2. RELATED ENTITLEMENTS: This permit is subject to the findings and conditions of approval, and mitigation measures of AS 22-01 and Z 22-01 (i.e. related and/or concurrent entitlement requests).

3. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant.

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 amended, done or made prior to the approval of such resolution that were part of the approval process.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 323 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

5. SIGNS: No signs are approved as part of this application. Prior to issuance of a sign permit for this site, Developer shall propose well-designed, quality signs that comply with the allowances of the City Code and are to the satisfaction of the Community Development Director or designee.

6. SIGNAGE: All signage advertising the development project or components thereof, including individual tenants or subdivisions, shall be installed or maintained onsite or offsite as allowed and in conformance with an approved sign permit.

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.

The following conditions shall be addressed prior to issuance of any BUILDING PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise specified in the condition.

8. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval of this permit, as adopted by the decision- maker.

9. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit, Developer shall submit a Habitat Permit application to the City of Gilroy. The application shall consist of the application processing fee, Santa Clara Valley Habitat Plan Application For Private Projects and Fees and Conditions Worksheet (available on the Santa Clara Valley Habitat Agency website: https://www.scv-habitatagency.org/) . The grading permit will be issued only after approval of the Habitat Plan permit and payment of assessed fees.

The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or other deadline as specified in the condition.

10. TENTATIVE MAP: 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.

11. HOMEOWNERS’ ASSOCATION: Developer shall establish a Homeowners’ Association (HOA) for the development. The HOA 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.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 324 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

12. GARAGE USE: Garages shall be used for resident parking only. Storage is permitted so long as it does not prevent use of garage for required vehicle parking. The use and availability of garage spaces for parking shall be specified in the project CC&R’s.

13. 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.

14. VESTING TENTATIVE MAP: This is a vesting tentative map subject to city code section 21.83.1 and the rights conferred by a vesting map, as provided under Chapter 4.5 (titled Development Rights) from the California Subdivision Map Act, shall be valid for a period of twelve (12) months beyond the recording of the final map. When more than one final map is being recorded on various phases of a project covered by a single vesting tentative map, the twelve (12) month time period shall begin for each phase when the final map for that individual phase is recorded.

The following STANDARD CONDITIONS OF APPROVAL shall apply to the development of the site during all phases of construction.

15. USE CONSTRUCTION EQUIPMENT THAT HAS LOW DIESEL PARTICULATE MATTER EXHAUST EMISSIONS:

During any construction period the applicant shall prepare a plan to reduce emissions such that increased cancer risk and annual PM2.5 concentrations from construction. The plan shall be approved prior to the issuance of the first construction-related permit. The following feasible measures to achieve a 66 percent reduction in particulate matter exhaust (in comparison to the emissions from uncontrolled equipment) could involve the following:
•All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for particulate matter (PM10 and PM2.5).
•The use of construction equipment that meets U.S. EPA emission standards for Tier 3 engines and include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control.
•The use of electrical or non-diesel fueled equipment.

16. DUST AND EXHAUST CONTROLS. During any construction period ground disturbance, the applicant shall ensure that the project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less-than-significant level. Additional measures are identified to reduce construction equipment exhaust emissions. The contractor shall implement the following DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 325 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

best management practices required for all projects:
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 off-site shall be covered.
c. All visible mud or dirt track-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 shall be limited to 15 miles per hour (mph). 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. Clear signage, that provides regulations for idling times, 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 mechanic and determined to be running in proper condition prior to operation. 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.

17. SPECIAL STATUS SPECIES PROTECTION: Prior to the issuance of a grading permit, a pre-construction survey shall be conducted by a qualified biologist to confirm that the California red-legged frog, California tiger salamander and American badger are not on the project site. If any of these species are identified onsite or an area affected by construction, the requirements of USFWS and/or CDFW shall be implemented to minimize or avoid any impacts, including but not limited to the installation and monitoring of exclusionary fencing, an education training for all contractors working on site, and on- site monitoring by a qualified biologist or trained biological monitor.

18. CULTURAL RESOURCES: Prior to grading or excavation on the Project site, the applicant shall hire a qualified professional archaeologist (i.e., one who meets the Secretary of the Interior’s professional qualifications for archaeology or one under the supervision of such a professional) to monitor all ground disturbing activities, to the extent determined necessary by the archaeologist. In the event that any prehistoric or historic- period subsurface archaeological features or deposits, including darkened soil (midden), that could conceal cultural deposits, animal bone, obsidian and/or mortar are discovered during earth-moving activities, all ground-disturbing activity within 50 feet of the DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 326 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

discovery shall be halted immediately, and the Planning and Building Divisions shall be notified within 24 hours. City staff may consult with the project archeologist to assess the significance of the find. If Native American archaeological, ethnographic, or spiritual resources are discovered, all identification and treatment of the resources shall be conducted by a qualified archaeologist and Native American representatives identified by the Native American Heritage Commission. If tribal cultural representatives identified he NAHC fail to make a recommendation within 48 hours after being notified by the NAHC, the landowner or his/her authorized representative shall either rebury all Native American tribal cultural resources on the project site in a location not subject to further subsurface disturbance, or be handled in a manner consistent with the Secretary of the Interior's Standards for Archaeological Documentation and acceptable to the Planning and Building Divisions.

19. ENERGY EFFICIENCY: During the approval and construction phases, the Project will be required to comply with the Requirements contained in Title 24 Energy Efficiency, contained in Chapter 6 of the Gilroy Municipal Code.

20. FINAL GEOTECHNICAL INVESTIGATION: Prior to the issuance of a building permit, submittal of a final geotechnical investigation will be required. The recommendations contained in the final investigation will minimize the impacts from geologic and soil hazards.

21. WATER EFFICIENT IRRIGATION: Implementation of the requirements of Article XXXVIII. Landscaping, Water Efficiency, and Storm Water Retention and Treatment will reduce water use.

22. STREET TREES: Street trees to be replanted on 6th St. and Princevalle shall be of a City approved species other than Bloodgood London Plane Tree.

PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project ENTITLEMENT(S); and which shall be addressed on the construction plans submitted for any BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be satisfied prior to issuance of whichever permit is issued first, or if another deadline is specified in a condition, at that time.

23. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the time of first improvement plan submittal, the applicant shall submit a $20,000.00 (Twenty thousand dollar) initial deposit for project plan check and construction inspection. This deposit will be credited/accounted toward final plan check and inspection fee for the project. In addition, the applicant shall submit a detailed project cost estimate prepared by the project engineer, to approval of the City Engineer, with the initial project plan DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 327 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

submittal. The cost estimate shall be broken out into on-site and off-site improvements.

Prior to plan approval, the applicant shall pay 100% of the plan check and inspection fee based on the approved project cost estimate. Public Works will not sign-off on the issuance of the project building permit without full payment of this plan check and inspection fee. (PUBLIC WORKS).

24. PLAN SUBMITTAL: The Engineering project plans shall be submitted, in full, per the Public Works Engineering Submittal Checklist. Improvement plans are required for both on-site and off- site improvements, and the improvement plan set cover sheet shall include an index referencing on-site and off-site improvements. All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details and are subject to all laws of the City of Gilroy by reference. The improvement plans shall include all civil project plans including, but not limited to, site plans, grading plans, utility plans, joint trench, off-site plans, lighting (photometric) plans, and landscaping plans. The plans shall clearly identify both public and private utilities. The improvement plans shall be submitted per the Public Works Engineering Submittal Checklist provided by the City, and available on the City website.

In addition:
a. A complete set of improvement plans shall consist of Civil site design, landscape site design, Electrical, Joint Trench. Any walls or structural features part of the landscape design shall also be included;
b. Improvement plans are required for both on-site and off-site improvements. A separate plan set for each shall be prepared, or at the approval of the City Engineer, onsite and offsite sheets can be combined into one plan set; c. The improvement plan submittal, including utility sheets, shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, etc. shall be relocated/installed behind the back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval;
e. Improvement plans shall include General Notes found in the City of Gilroy General Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering submittal checklist, which can be found in the City’s website. At first submittal, a completed checklist shall be included in the submittal package and shall show which items have been included.
g. The improvement plan cover sheet shall include a table summarizing all facilities (Streets, Utilities, Parks, Landscaping, etc.), showing the ownership of all facilities, access rights to, and the maintenance responsibilities of all facilities; h. Improvement and grading plans shall show existing topo and features at least 50’ beyond the project boundary. The plan shall clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances;
i. If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional Haul Permit is required.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 328 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

A statement indicating the need to obtain a Haul Permit must be added as a general note to the Grading and Drainage Plan;
j. All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An existing site plan shall be submitted showing all existing site conditions and title report easements. The plan shall include bearing and distance information for all right-of-way and easements;
l. The plan shall show any proposed easements to be dedicated for any needed purpose, or any easement expected to be abandoned through separate instrument.

This includes PUE, PSE, EVAE, Cross-Property Access Easement, Landscape Easement, Drainage Easement, Pole Line Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts between disciplines, the applicant shall provide a “composite exhibit” showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled “Composite Plan”) to confirm that there are no conflicts; n. All Solid Waste Vehicle circulation movements shall be modeled and shown on a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled using AutoTurn swept analysis software, and shall include all turning and street circulation movements;
o. All Emergency Vehicle circulation movements shall be modeled and shown on a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled using AutoTurn swept analysis software, and shall include all turning and street circulation movements;
p. All utility boxes exposed to or near to (and not necessarily exposed to) traffic or in a driveway, including sanitary sewer and/or water meter boxes, shall have traffic- rated boxes and lids (PUBLIC WORKS)

25. UTILITY PLANS: A utility plan shall be provided for all projects as specified within these conditions of approval. To ensure coordination between the applicant and the relevant utility company:
a. The applicant shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground).
b. The applicant shall negotiate any necessary right-of-way or easement with PG&E, or any other utilities, subject to the review and approval by the Engineering Division and the utility companies.
c. A “Will Serve Letter” shall be provided for each utility company expected to service the subdivision. Early coordination with the utility companies is necessary to obtain this letter. Coordination of City utilities shall be through the Engineering DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 329 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

Division.
d. A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. (PUBLIC WORKS)

26. UTILITY RESPONSIBILITIES: Storm, sewer, & water utilities in private areas shall be privately owned and privately maintained. Conversely, public utilities within utility easements on private property remain the responsibility of the individual utility companies to maintain. The plans shall note the inspection, ownership and maintenance responsibility for each utility shown on the plans within a Table of Responsibilities on the project cover sheet of the improvement plans submitted with the initial plan submittal. The table shall include the list of streets, the responsible party for inspection of the improvements, who is responsible for the ownership of the utility, and who is responsible for the maintenance of the utility. An example of this table, including the types of utilities to be listed, can be provided by the Engineering Division upon request. (PUBLIC WORKS)

27. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be prepared by a registered professional engineer experienced in preparing these types of plans. The applicant shall submit, with the improvement plans submitted with the initial plan submittal, a letter from the design Electrical or Civil Engineer that states the electrical plan conform to City Codes and Standards, and to the approved improvement plans. The letter shall be signed and stamped by the professional engineer that prepares the improvement plans. (PUBLIC WORKS)

28. EXISTING FACILITIES PROTECTION: All existing public utilities shall be protected in place and if necessary, relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy. (PUBLIC WORKS)

29. WATER QUALITY: Project design shall comply with the Stormwater Management Guidance Manual for Low Impact Development & Post-Construction Requirements. The applicant shall submit the Source Control Checklist as well as the appropriate Performance Requirements Checklist found in Appendix A of the manual at the time of the initial submittal for building permit. The manual can be found at the following site:
www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)

30. DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The developer is responsible for ensuring that all contractors are aware of all storm water qual ity measures and implement such measures.

Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations, or a project stop order. (PUBLIC WORKS)

31. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all construction activities in accordance with Gilroy Municipal Code Section 27C, Municipal Storm Water Quality Protection and Discharge Controls, and Section E.10, Construction Site Storm Water Run-Off Control Program of the Regional NPDES Permit. Detailed information can be located at:
www.flowstobay.org/documents/business/construction/SWPPP.pdf . This sheet shall be printed and included in all building construction plan sets permitted for construction in the City of Gilroy. (PUBLIC WORKS)

32. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire Hydrant flow test to confirm the water system will adequately serve the development and will modify any part of the systems that does not perform to the standards established by the City. Applicant shall coordinate with Fire Department for the Fire Hydrant flow test.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 330 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

The flow test results shall be submitted with the initial plan submittal. (PUBLIC WORKS)

33. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water, sewer, storm drain or traffic studies for the development deemed appropriate by the City Engineer. These studies shall provide the supporting hydraulic calculation for pipe sizing per the City Standard Design Guidelines. The study shall be reviewed and approved by Engineering. If the results of the study indicate that this development contributes to the over-capacity of the trunk line, the applicant will be required to mitigate the impact by removing and replacing or upsizing of the existing utilities to accommodate the appropriate level of project flows to the approval of the City Engineer. The improvements shall be addressed on the construction drawings, to the approval of the City Engineer, prior to the issuance of the first building permit. (PUBLIC WORKS)

34. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The City’s latest impact fee schedule is available on the City’s website. Payment of all Impact Fees is required at first building permit issuance. Fees shall be based on the current fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. Note that impact fees increase at the beginning of each fiscal year, Jul y 1. Specific fee language is provided further in these conditions of approval. (PUBLIC WORKS)

35. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the applicant shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas. Study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition). Existing off-site drainage patterns, i.e., tributary areas, drainage amount, and velocity shall not be altered by the development. The plan shall be to the approval of the City Engineer and shall be approved prior to the issuance of the building permit. (PUBLIC WORKS)

36. STORMWATER CONTROL PLAN: At first improvement plan submittal, the applicant shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to include background, summary, and explanation of all aspects of stormwater management. The report shall also include exhibits, tables, calculations, and all technical information supporting facts, including but not limited to, exhibit of the proposed site conditions, which clearly delineates impervious and pervious areas on site. The plan shall provide a separate hatch or shading for landscaping/pervious areas on-site including those areas that are not bio-retention areas. This stormwater control plan report format does not replace or is not in -lieu of any stormwater control plan sheet in the improvement plans. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. At applicant’s sole expense, the stormwater control plan shall be submitted for review by an independent third party accepted by the City for compliance. Result of the peer review shall be submittal and approved by the City Engineer prior to the issuance of the first building permit. (PUBLIC WORKS)

37. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are damaged during construction or removed because of the applicant’s operations. The applicant shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. Said repairs shall be completed prior to the first occupancy of the project. (PUBLIC WORKS)
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 331 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

38. TRIANGULAR AREA OF VISIBILITY : Landscaping and permanent structures located within the 10' triangular area of visibility at the driveway, and 45’ triangular area of visibility at any project corner, shall have a minimum vertical clearance of 9’, and/or be less than 2’ in height. This includes all PG&E above ground structures and other utility facilities. The sight triangle shall be shown on the site civil plans, to the approval of the City Engineer, to demonstrate this condition. (PUBLIC WORKS)

39. DRIVEWAY DESIGN: Driveway grades shall be designed to keep a standard design vehicle from dragging or “bottoming out” on the street or driveway, and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided on the site civil plans to the satisfaction of the City Engineer. (PUBLIC WORKS)

40. GRADING & DRAINAGE: All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. There shall be no earthwork disturbance or grading activities between October 15th and April 15th unless otherwise approved by the City Engineer. If approved, the applicant shall submit a Winterization Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Gilroy Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP).

The SWPPP shall supplement the Erosion Control Plan and project improvement plans.

These documents shall also be kept on-site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. A project WDID# shall be added to the grading plans prior to plan approval. (PUBLIC WORKS)

41. GEOTECHNICAL ENGINEER: Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with the recommendations or the project geotechnical study, and the peer review comments. The applicant’s Geotechnical Engineer’s approval shall then be conveyed to the City either by letter, or by signing the plans.

All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all grading activities were performed in conformance with the requirements of the project’s geotechnical report. The applicant shall add this condition to the general notes on the grading plan.

Certification of grades and compaction are required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. (PUBLIC WORKS)
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Packet Pg. 332 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

42. STREET TREES REMOVAL: The street trees identified as 329 & 323 are to remain.

All other trees are to be removed. Removed trees shall be replaced with 48-inch box trees.

If trees 329 and 323 are deemed necessary for removal for necessary and specific reasons at final design, they will be removed with City Engineer approval. (PUBLIC WORKS)

43. TREE REMOVAL EXHIBIT: At initial design submittal, the developer shall submit for City review a tree removal exhibit as part of the plan set, that clearly indicates which trees are to be removed and which trees are to be preserved. The exhibit shall also include a tree protection detail explain how the existing trees are going to be protected in place during construction. (PUBLIC WORKS)

44. TREE REMOVAL PERMIT: The applicant shall obtain a Tree Removal Permit from the Engineering Division for removal of existing trees in the public right-of-way, prior to the issuance of a building permit or demolition building permit, whichever is issued first. (PUBLIC WORKS)

45. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must obtain an encroachment permit, posting the required bonds and insurance, and provide a one (1) year warranty for all work to be done in the City's right-of-way or City easement.

This encroachment permit shall be obtained prior to the issuance of a foundation building permit and prior to any work being done in the City's right-of-way. All existing public utilities shall be protected in place and if necessary, relocated as approved by the City Engineer. No permanent structures are permitted within the City right-of-way, or within any City easement unless otherwise approved by the City Engineer. The applicant shall have street improvement plans prepared for all work in the public right-of-way by a licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Prior to issuance of the encroachment permit, the applicant shall submit any applicable pedestrian or traffic control plans for any lane or sidewalk closures. The traffic control plan shall comply with the State of California Manual of Uniform Traffic Control Devices (MUTCD), and standard construction practices. [(For major street improvements) Construction plans for improvements in the right-of-way shall be submitted to the City Engineer at 30%, 60%, and 90% design for review. All design assumptions and criteria shall be submitted with each phase of design submittal. Project specifications shall be included for review with the 90% design review.]
Final construction plans and specifications shall be approved by the City Engineer, and released for construction, prior to the issuance of the encroachment permit. The applicant is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, applicant shall submit a pothole plan for City review and approval. Applicant shall provide the pothole result to the City Engineer prior to final design. Right-of-way improvements shall include, at a minimum, the following items:
(PUBLIC WORKS)
a. STREET WIDENING: The applicant shall widen Princevalle. The applicant shall install new street section, curb, gutter, and sidewalk and relocate affected utilities DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Packet Pg. 333 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

as directed by the City Engineer. All work shall be shown on the required improvement plans.

b. STREET TREES: The applicant shall plant street trees along the project frontage to match the City of Gilroy’s Street Tree Plan in effect at the time of construction.

The street tree plans shall be per City Standard Drawings and will include City Standard tree grates.

c. TREE GRATES: The applicant shall install City Standard Tree Grates as specified in the approved plans. Tree grates shall be 4’x6’, model OT-T24 by Urban Accessories, and shall be black power coated. The tree grates shall be shown on the improvement plans to be located at the back of curb to the approval of the City Engineer and shall be installed with the street trees prior to the first occupancy.

d. STREET MARKINGS: The applicant shall install necessary street markings of a material and design approved by the City Engineer and replace any that are damaged during construction. These include but are not limited to all pavement markings, painted curbs, and handicap markings. All permanent pavement markings shall be thermoplastic and comply with Caltrans Standards. Color and location of painted curbs shall be shown on the plans and are subject to approval by the City Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, or sand blasting if in paint.

e. SIDEWALK: The applicant shall replace to existing City standards all sidewalk surrounding the project site. The actual amount of sidewalk to be replaced shall be determined by the Public Works Construction Inspector in the field prior to construction. Sidewalk replacement shall be constructed per the City Standard Drawings.

f. CURB RAMP(S): The applicant shall construct 4 curb ramps in accordance with the latest Caltrans State Standard Drawing at the Princevalle & W 6th St intersection. The actual ramp "Case" shall be identified on the plans and shall be to the approval of the City Engineer.

g. DRIVEWAY APPROACHES: The applicant shall install driveway approaches as shown on the approved plans. The new residential driveway approaches shall be constructed per the City Standard Drawing.

h. DRIVEWAY REMOVAL: The applicant is to remove the existing driveway approaches located along the project frontage as shown on the approved A&S application plans, and replace them with sidewalk, curb, and gutter per the City Standard Drawing.

i. SEWER LATERAL: The applicant shall install as a minimum a four (4) inch City Standard sewer lateral connection from the property line to the sewer main located DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Packet Pg. 334 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

in the street right-of-way for each proposed lot. The installation shall be done in accordance with the City Standard Drawing SWR-6 including a 6" property line clean-out.

j. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out at the property line for each proposed lot in accordance with the City Standard Drawing SWR-6.

k. SANITARY SEWER MANHOLES: The applicant shall install standard sanitary sewer manholes, per approved plans and in accordance with the City Standard Drawing.

l. STORM WATER CATCH BASINS: The applicant shall install standard storm water catch basins, in accordance with the City Standard Drawing.

m. STREET LIGHTS: The applicant shall provide and install standard aluminum electrolier street lights per City Standard Drawing EL-1 to EL-5. The applicant is responsible for all PG&E service fees and hook-up charges. Any new service point connection required to power the new lights shall be shown on the construction drawings along with the conduit, pull boxes and other items necessary to install the street lights. An Isometric lighting level needs to be provided by the designer/contractor. A separate light study may be required by the City Engineer.

The new street light shall have 32’ mounting height per Standard Drawing EL-3, with mounting arm length per Standard Drawing EL-4, the Fixture shall be Leotek GC1 or GC2 series in an approved configuration per detail EL-2 or approved equal.

The arm shall be installed at the location as shown on the approved plans.

n. FIRE HYDRANTS: The applicant shall install new fire hydrants along the project frontage. Spacing shall meet City and Fire Marshall requirements.

46. 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 in acceptable above ground locations approved by the Planning Director and the City Engineer. Underground utility plans must be submitted to the City prior to installation. (PUBLIC WORKS)

47. STREET LIGHTING STANDARDS: The applicant shall submit plans for street/sidewalk showing lighting levels to Illuminating Engineering Society (IES) Standards. The plan shall comply with lighting requirements as follows:
a. Arterial Streets: 1.0 fc average. 3/1 average to minimum uniformity. 0.34 fc minimum
b. Collector/Local Streets: 0.6 fc average. 4/1 average to minimum uniformity. 0.2 fc minimum
c. Local Streets: 0.4 fc average. 6/1 average to minimum uniformity. 0.07fc minimum.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Packet Pg. 335 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

d. High Volume Intersections: 1.1fc average. 3/1 average to minimum uniformity.

0.4 fc minimum.
e. Low Volume Intersections: 0.7 fc average. 4/1 average to minimum uniformity.

0.2 fc minimum.

The applicant shall submit a photometric plan identifying how these lighting levels are being met given the site geometrics, using the City Standard street lights, and a Type III lighting distribution. The width of the street shall, and lighting levels shall determine the lighting spacing. Street lights and pull boxes shall be installed in the planter strip if one is present, or behind the back of walk where feasible so as to maintain sidewalk clear of obstructions to the approval of the City Engineer. The photometric plan shall be approved prior to the issuance of the building permit. (PUBLIC WORKS)

48. FENCES AND OTHER PERMANENT STRUCTURES WITHIN CITY RIGHT-OF- WAY: The applicant shall locate all project fencing and foundation of a permanent nature within the project’s property and out of the City right-of-way whenever possible. If located within the City right-of-way, the applicant shall have a license agreement recorded against the owner’s property that indemnifies and holds harmless the City. The license agreement shall also include language in which the applicant agrees to allow access to any utility company wishing to have access to the public right-of-way for existing or new utility installation. The license agreement shall also include language that requires the removal of the fence and foundation, at the owner’s expense, should the City desire to use the right-of-way for street, sidewalk or other purposes identified by the City Engineer.

The license agreement shall be approved as to form by the City Attorney’s Office and shall be recorded against the owner’s property prior to the issuance of any City encroachment permit. (PUBLIC WORKS)

49. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water Program’s requirements, the applicant shall mark with the words “No Dumping! Flows to Bay,” or equivalent, using methods approved by the City standards on all storm inlets surrounding and within the project parcel. Furthermore, storm drains shall be designed to serve exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not permitted in the City of Gilroy. (PUBLIC WORKS)

50. GARBAGE/RECYCLE STORAGE AND SERVICE: The applicant shall provide an adequate area for the purposes of storing garbage and recycling collection containers for scheduled servicing by the franchise solid waste collection service. If required, the containers may be placed on the street within the loading zone for a maximum of two hours; one hour prior to the scheduled servicing time and must be removed from the street within one hour after the service. The containers shall be placed at the service location allowing enough room for the truck to safely approach the containers. The collection containers shall be brought to the service area on the day of service and returned to the storage enclosure by the property owner. The containers are not to be in public view or in the public right-of-way prior to, or beyond the scheduled service times. A letter shall be provided, to the approval of the City Engineer, from the City’s franchise solid waste collection service provider (Recology) confirming serviceability and site accessibility of DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Packet Pg. 336 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

the solid waste pickup as designed and shown on the project plans. Contact Recology at 408-842-3358. (PUBLIC WORKS)

51. UNDERGROUND FRONTAGE UTILITY LINES: The applicant must underground all overhead utilities, and remove all related utility poles, along the project frontage from utility pole to utility pole. The applicant shall be responsible for the coordination with all utility companies existing on the poles and coordinate for their undergrounding or relocation as necessary so that the project frontage is free from utilities to the approval of the City Engineer. The applicant shall submit plans for this undergrounding work with the civil plans submitted with the first building permit. Permitting for this undergrounding work shall occur prior to the issuance of the first building permit unless otherwise approved by the City Engineer. (PUBLIC WORKS)

52. DRAINAGE: Drainage improvements made on-site shall conform to standard engineering practices and shall not allow any site drainage to impact adjacent properties. All drainage capacity calculations shall be performed by a licensed Civil Engineer, whose signed engineer’s stamp shall appear on the calculations sheets and shall be submitted to the City for review and approval with the project civil plans.

If the project is proposing to connect to an existing storm drain system within or downstream from the site, the design engineer shall provide calculations with the final design plans to demonstrate that the downstream drainage system has adequate capacity to accommodate the additional site flows being added to the system for the design storm per City Standards. The calculations shall be to the approval of the City Engineer prior to the issuance of the first building permit. (PUBLIC WORKS)

53. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall submit results from a third-party review of the project’s stormwater design. The results shall confirm that the project is complying with requirements set in the City of Gilroy Stormwater Management Guidance Manual for Low Impact Development and Post- Construction Requirements. (PUBLIC WORKS)

54. SITE LANDSCAPING COORDINATION: The site landscaping needs to be coordinated between the stormwater treatment area and the overall site landscaping plan area. The landscaping within the stormwater treatment area will not count towards the site landscaping requirement. Stormwater treatment areas should be identified on the site first, and then site landscaping to make sure the correct plant material is identified for each area.

Some site landscaping plant material may not be suitable in stormwater treatment areas due to the nature of the facility. Sewer facilities cannot be aligned through stormwater treatment facilities. It is the applicant’s responsibility to coordinate the civil stormwater treatment facilities and the plans from the project landscaper. (PUBLIC WORKS)

55. ADDRESS PLAN: The applicant shall submit to the Public Works Department a proposed street naming and street address plan. Applicant shall contact the planning department to obtain a list of potential street names. The applicant shall make suggested street names, which will be forwarded and confirmed or changed by the City’s street DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Packet Pg. 337 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

naming committee. The plan shall be substantially in conformance with the address plan approved with the Arch & Site application. Said submittal shall be approved by the City Engineer and City Street Naming Committee prior to the submittal of plans for any demolition permit, building permit, or site development permit and shall be satisfied prior to issuance of whichever permit is issued first. (PUBLIC WORKS)

56. CDS UNIT: At final design a post construction device, CDS unit or equivalent, shall be incorporated into the onsite storm drain system prior to discharging into the Public Storm Drain System. Update the Stormwater Control Plan to include all relevant sizing calculations and CDS information. (PUBLIC WORKS)

57. PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. The applicant is hereby informed that permits may be required by one (1) or more of the following: Army Corps of Engineers, UPRR, Fish and Wildlife, Regional Water Quality Control Board, Santa Clara County Roads and Airports, Santa Clara Valley Water District or Habitat Permit. If project is within jurisdiction of any of these agencies, verification of permit or waiver of permit must be given to the Public Works Department prior to issuance of any required City permits. If the City is required to be a party to the permit application and a fee is required, the applicant shall reimburse the City for its cost. A copy of these permits shall be provided to the satisfaction of the City Engineer prior to the issuance of the building permit. (PUBLIC WORKS)

58. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to prove funding towards additional tree planting in the City. The fee is based on the amount of added hardscape the project is adding. The estimated impact fee, based on the approved plans, is $378.00. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to Council Approval. (PUBLIC WORKS)

59. IMPACT FEE CREDIT: This project will be subject to impact fee credits due to existing facilities on the current project site. The following impact fee credits will be applied to this project. The following fees will be deducted from the total new project impact fees:

Storm Impact: $2,143.89
Street Trees: $361.20
Traffic Impact: $240,027
Sewer Impact: $45,110.25
Water Impact: $20,466.22
Public Facilities Impact: $101,089.95
(PUBLIC WORKS)

60. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the project's share of storm drainage flowing off-site and shall be used to enhance the City’s storm drainage system based on the recommendations of the adopted Storm Drainage Master Plan. The estimated impact fee, based on the approved plans, is DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Packet Pg. 338 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

$2,213.00. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to Council Approval. (PUBLIC WORKS)

61. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the project’s share of the increase amount of sewage generated by the project, which shall be used to enhance the City’s sewer system based on the adopted Sewer Master Plan. The estimated impact fee, based on the approved plans, is $251,978.00. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. At first improvement plan submittal, applicant’s engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

62. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the project's share of impact to the City’s water system, and the water needs of the development. The fee shall be used to fund improvements identified in the City’s Water Master Plan. The estimated impact fee, based on the approved plans, is $86,564.00. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. At first improvement plan submittal, applicant’s engineer shall submit a calculation for water generation per the City’s Master Plan design criteria. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

63. TRANSPORTATION IMPROVEMENT FEE: The applicant shall pay a fee proportional to the project's share of transportation improvements needed to serve cumulative development within the City of Gilroy. The funds shall be used to fund improvements identified in the City Traffic Circulation Master Plan. The estimated impact fee, based on the approved plans, is $247,228.00. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

64. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to the project’s share of the increase to the use of City Public facilities. The estimated impact fee, based on the approved plans, is $429,723.00. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)
DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Packet Pg. 339 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

65. CONSTRUCTION NOTICING: At least two weeks prior to commencement of any on or off-site work, the applicant shall post at the site, and to property owners within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility.

The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. Noticing shall be in both English and Spanish. The notice shall be submitted for review to the approval of the City Engineer two weeks prior to the issuance of the building permit. (PUBLIC WORKS)
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or if another deadline is specified in a condition, at that time.

66. DEDICATION OF EASEMENT: The applicant shall dedicate a 16-foot PUE along the frontage of Princevalle St. to the City for public utilities. Other easements (PUE, EVAE, etc.) on new onsite streets shall also be dedicated. The easement shall be conveyed by tract map. The applicant shall prepare the easement conveyance documents for review to the approval of the City Engineer. The easement shall be recorded with the County of Santa Clara prior to the issuance of the building permit. (PUBLIC WORKS)

67. SUBDIVISION (FINAL) MAP: The applicant shall have a subdivision map, prepared by a person authorized to practice land surveying in California, delineating all parcels created or deleted and all changes in lot lines in conformance with the Gilroy Municipal Code.

The Final Subdivision Map shall be approved by the Department of Public Works and recorded by the County Recorder’s Office prior to the issuance of the first building permit.

A map guarantee shall be submitted to the City, by the applicant’s title company, prior to release of the map to the title company for recordation. Prior to the City’s release of the parcel map to the title company, the applicant may, at the discretion of the City Engineer, be required to submit to the City an electronic copy of the map in the AutoCAD Version being used by the City at the time of recordation. It is the applicant's responsibility to check with their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after City approval.

The Subdivision (Final) Map shall be presented to the City Council for review and action.

The City Council meeting will be scheduled approximately fifty (50) days after the Subdivision (Final) Map is deemed technically correct, and Improvement Plans with supporting documents, reports and agreements are approved by the City. Executed Subdivision (Final) Map shall be returned to the City Public Works Department if Subdivision (Final) Map has not been filed in the County Recorder’s Office within ninety (90) days from the date of City Council’s approval. (Note: This item to also be added for condominium projects.) (PUBLIC WORKS)

68. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a public improvement agreement with the City per Gov. Code Section 66462(a) and shall DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Packet Pg. 340 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

arrange to provide Payment and Performance bonds each for 100% of the cost of public infrastructure improvements to be constructed in the public right-of-way. These improvements shall include, but not be limited to, roadway construction, sidewalk, curb and gutter, water lines, storm lines, sewer lines, street lights, and signal equipment. City Standard insurance shall be provided per the terms of the agreement. The agreement will be forwarded to the City Council for approval with project final map. The PIA shall be approved by the City Council prior to the issuance of the project building permit. (PUBLIC WORKS)

69. MONUMENTS: The applicant shall arrange for the engineer to have all monuments set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer. (PUBLIC WORKS)

70. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall prepare project Covenants, Conditions and Restrictions (CC&R) for the project. The CC&Rs shall be submitted with the project map for review and approval of the City Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall include relevant project Conditions of Approval and shall include language that restricts the Homeowner’s Association from making changes to the CC&Rs without first obtaining approval from the City. The CC&Rs shall be reviewed and approved prior to the City Council approval of the project map. (PUBLIC WORKS)

71. RECORD DRAWINGS: The applicant shall submit one full set of original record drawings and construction specifications for all off-site improvements to the Department of Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The applicant shall also provide the City with an electronic copy of the record drawings in the AutoCAD Version being used by the City at the time of completion of the work. The applicant shall also submit an AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)

72. PAVEMENT RESTORATION: Due to construction activities, new project utility cuts , degraded road conditions, and the anticipated project’s truck traffic the applicant shall grind and overlay with 2-inches of asphalt concrete Princevalle St, curb to curb, along the project frontage and W. 6th St, curb to curb, along the project frontage. The City shall reimburse the developer for half of the street along W 6th Street. In addition the City will reimburse the developer for 2 of the curb ramps on the east side of the intersection of Princevalle and W 6th St. The City Engineer shall approve the roadway repair prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)

73. STREET RESURFACING PRIOR TO ACCEPTANCE: Streets in the public right of way shall be striped in paint as a final condition prior to the beginning of the one-year warranty period. Prior to final acceptance, the applicant shall apply a microsufacing to all streets, and apply final street markings, per the approved plans, in thermoplastic to DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Packet Pg. 341 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

Caltrans Standards. All microsurfacing and final striping shall be to the approval of the City Engineer. (PUBLIC WORKS)

74. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:

The applicant shall execute a Stormwater Management Facilities Maintenance Agreement with the City Engineer as specified in Chapter 7.39.210-230 of the Stormwater Management and Discharge Control ordinance. The agreement shall outline the operation and maintenance (O&M) plan for the permanent storm water treatment facilities. The City-Standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. The agreement shall include the following:
a. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner.
b. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City.
c. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.

This agreement shall be executed prior to the first occupancy of the building. (PUBLIC WORKS)

75. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater Management Facilities Maintenance Agreement work shall require inspections be performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit, the applicant shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The applicant’s QSD or QSP shall provide the City weekly inspection reports to the approval of the City Engineer. b. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th. Written records shall be kept of all inspections and shall include, at minimum, the following information:

1. Site address;

2. Date and time of inspection;

3. Name of the person conducting the inspection;

4. List of stormwater facilities inspected;

5. Condition of each stormwater facility inspected;

6. Description of any needed maintenance or repairs; and

7. As applicable, the need for site re-inspection.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Packet Pg. 342 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

c. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. d. Before commencing any grading or construction activities, the applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board.
e. The applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/ retention basins, drain rock, etc.) shall be done toward final phases of project to prevent silting of facilities and reduce the intended use of the facilities. g. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. All tests shall be made at on 20 ft x 20ft grid pattern over the surface of the completed stormwater facility unless otherwise approved by the City Engineer.

All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing with appropriate safety factors) at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. (PUBLIC WORKS)

76. REGIONAL BOARD STORMWATER REVIEW: This project may be subject to an audit by the Central Coast Regional Board. City may be required to provide the project stormwater design and storm water management plan for Regional Board review and comment. Prior to building permit issuance, the project shall receive approval or acknowledgment by the Regional Board. The project may need to provide the Regional Board any and all necessary documents (including reports, technical data, plans, etc.) for the Regional Board approval. (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a condition, at that time.

77. PUBLIC WORKS CONSTRUCTION ACTIVITIES: 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 construction and phasing schedule, and a 24-hour emergency telephone number list. The schedule shall be in Microsoft Project, or an approved equal, and shall identify the scheduled critical path for the installation of improvements to the approval of the City Engineer. The schedule shall be updated weekly. The approved construction and phasing schedule shall be shared with Gilroy DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 343 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

Unified School District (GUSD) to avoid traffic impacts to surrounding school functions.

An approved construction information handout(s) shall also be provided to GUSD to share with school parents. (PUBLIC WORKS)

a. All work shown on the improvement plans shall be inspected to the approval of the City Engineer as applicable. Uninspected work shall be removed as deemed appropriate by the City Engineer.

b. Construction activities related to the issuance of any Public Works permit shall be restricted to the weekday between 7:00 a.m. and 7:00 p.m., Saturday 9:00 a.m. to 7:00 p.m. allowed only for general construction activities that require no inspection and only with approval by the Public Works Director. No work shall be done on Sundays and on City Holidays unless otherwise approved by the City Engineer. Please note that no work shall be allowed to take place within the City right-of-way after 5:00 p.m. Monday through Friday. In addition, no work being done under the issuance of a Public Works encroachment permit may be performed on the weekend unless prior approvals have been granted by Public Works. The City Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes.

Signs outlining the project construction times shall be posted at conspicuous locations on site where it is visible to the public. The signs shall be per the City Standard Drawing for posting construction hours. The sign shall be kept free of graffiti at all times. Contact the Public Works Department to obtain sample City Standard sign outlining hours of operation.

c. The allowed hours of Public Works construction activities may be waived or modified through an exemption, for limited periods, if the City Engineer finds that the following criteria are met:

i. Permitting extended hours of construction will decrease the total time needed to complete the project thus mitigating the total amount of noise associated with the project as a whole; or,

ii. Permitting extended hours of construction are required to accommodate design or engineering requirements, such as a large concrete pour. Such a need would be determined by the project's design engineer and require approval of the City Engineer.

iii. An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the City may waive any of the remaining requirements outlined below.

iv. The contractor or owner of the property will notify residential and DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 344 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

commercial occupants of property adjacent to the construction site of the hours of construction activity which may impact the area. This notification must be provided three days prior to the start of the extended construction activity.

d. The following provision to control traffic congestion, noise, and dust shall be followed during site excavation, grading and construction:

i. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards.

ii. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible.

iii. Water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project.

iv. Watering on public streets and wash down of dirt and debris into storm drain systems will not be allowed. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Construction Inspector, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. Recycled water shall be used for construction watering to manage dust control where possible, as determined by the City Engineer. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. Where recycled water is not available potable water shall be used. All potable construction water from fire hydrants shall be metered and billed at the current portable fire hydrant meter rate.

v. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Construction Inspector.

vi. Construction grading activity shall be discontinued in wind conditions that in the opinion of the Public Works Construction Inspector cause excessive neighborhood dust problems.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 345 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

vii. Site dirt shall not be tracked into the public right-of-way, and shall be cleaned immediately if done, or the project may risk being shut down.

Mud, silt, concrete, and other construction debris shall not be washed into the City’s storm drains.

viii. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation.

ix. All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site.

x. Prior to issuance of any permit, the applicant shall submit any applicable pedestrian or traffic detour plans, to the satisfaction of the City Engineer, for any lane or sidewalk closures. The traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans. The Traffic Control Plan shall be prepared by a licensed engineer in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right-of-way.

xi. During construction, the applicant shall make accessible any or all City utilities as directed by the City Engineer.

xii. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The applicant shall require the soils engineer submit to daily testing and sampling reports to the City Engineer.

78. HERITAGE TREE PROTECTION MEASURES: The applicant shall submit a tree protection plan showing how all on and off-site heritage trees will be protected during construction. All approved and installed Heritage Tree protection measures shall be installed prior to any site activities and maintained throughout the period of construction.

The Project Arborist shall complete inspections on an as-need basis during the construction period and shall submit a monthly report of his/her findings in a letter sent by fax or email to the City Planner assigned to this project. (PUBLIC WORKS)

79. PROJECT CLOSE-OUT: Prior to City acceptance of all tract subdivision and property improvement agreements, the applicant shall comply with all City construction close-out procedures to the approval of the City Engineer. City construction close-out procedures can be found in the City’s website under Public Works. Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer. A letter indicating that all project DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 346 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

conditions have been met shall be submitted prior to the first occupancy. All public improvements, including the complete installation of all improvements relative to streets, fencing, sanitary sewer, storm drainage, water system, underground utilities, etc., shall be completed and attested to by the City Engineer before approval of occupancy of any unit.

Where facilities of other agencies are involved, such installation shall be verified as having been completed and accepted by those agencies. In addition, the applicant shall submit a detailed project cost estimate of all improvements (public and private) constructed on-site and within the public right-of-way. The cost estimate shall be prepared by the project engineer and be to the approval of the City Engineer. The cost estimate shall be broken out into on-site and off-site improvements based on the format provided by the City.

Until such time as all improvements required are fully completed and accepted by City, the applicant shall be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss, or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the applicant. (PUBLIC WORKS)

80. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by FHWA Standards, the applicant shall submit a truck hauling route and receive a haul permit that conforms to City of Gilroy Standards to the approval of the City Engineer.

Note that the City requires a Haul Permit be issued for any hauling activities. The project sponsor shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. A letter from the applicant confirming the intention to use this hauling route shall be submitted to the Department of Public Works, and approved, prior to the issuance of any City permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the applicant. All storage and office trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and walks will not be allowed. The applicant must provide an approved method of cleaning tires and trimming loads on-site. Any job-related dirt and/or debris that impacts the public right-of-way shall be removed immediately. No wash down of dirt into storm drains will be allowed. All material hauling activities shall be done in accordance with applicable City ordinances and conditions of approval. Mud, silt, concrete, and other construction debris shall not be washed into the City’s storm drains. Violation of such may be cause for suspension of work. (PUBLIC WORKS)

81. CONSTRUCTION STAGING AND WORKER PARKING: Prior to construction, the applicant shall provide a construction staging and parking plan that minimizes the effect of construction materials, delivery, and worker parking and/or material staging in the neighborhood and shall include an estimate of the number of workers, equipment, and material staging square footage that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the City DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

9.3.h
Packet Pg. 347 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

Engineer prior to issuance of City permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the City permits. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the City Engineer (§15.40.070). (PUBLIC WORKS)

82. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code, Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City Engineer may approve the discharge of uncontaminated pumped ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the City Engineer. (PUBLIC WORKS)

83. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition of Illegal Discharges, the applicant shall follow the specific best management practices for the installation of the Architectural Copper. For detailed information please distribute the flyer to all construction personnel involved in the fabrication and installation of the Architectural Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES that the use permitted by this entitlement occupies the premises

84. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm Water Pollution Prevention all projects that meet the criteria described in the Storm Water Guidance Manual for Low Impact Development and Post-Construction Requirements shall prepare a storm water control plan (SWCP) and shall meet the requirements of the design standards and selection of best management practices and shall be selected and designed to the satisfaction of the City Engineer or designee. Requirements shall include:

a. Owner/occupant shall inspect private storm drain facilities at least two (2) times per year and sweep parking lots immediately prior to and once during the storm season.
b. The applicant shall be charged the cost of abatement for issues associated with, but not limited to, inspection of the private storm drain facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair in the event that the treatment facility is no longer able to meet performance standards or has deteriorated. Any abatement activity performed on the applicant’s property by City staff will be charged to the applicant at the City’s adopted hourly rate.

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135

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Packet Pg. 348 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-13

c. Label new and redeveloped storm drain inlets with the phrase “No Dumping:

Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is available at www.flowstobay.org .
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum-based wastes, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times. e. All public outdoor spaces and trails shall include installation and upkeep of dog waste stations.

Garbage and recycling receptacles and bins shall be designed and maintained with permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be connected to the sanitary sewer system. (PUBLIC WORKS)

PASSED AND ADOPTED this 7th day of July 2022 by the following roll call vote:

AYES: Bhandal, Kushner, Doyle, Lewis, Jezabel Moreno, Leongardt

NOES: Elle

ABSENT: None

ATTEST: APPROVED:

___________________________ ____________________________ Jon Biggs, Secretary Many Bhandal, Chairperson

DocuSign Envelope ID: 99B619DB-B885-422F-BAAE-E537C6022135 7/14/20227/14/2022

9.3.h
Packet Pg. 349 Attachment: PC Resolution 2022-13-TM 22-01 - signed (3919 : 700 West 6th St.19-lot Subdivision)

Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org

DATE: July 7, 2022

TO: Planning Commission

FROM: Miguel Contreras, Planner I

SUBJECT: 700 West 6th St. 19-lot residential subdivision and Zoning Amendment TM 22-01 (22010012) and Z 22-01 (22010019)

RECOMMENDATION:

Staff has analyzed the proposed project, and recommends that the Planning Commission:
a) Adopt a resolution recommending that the City Council adopt an ordinance to rezone the property from PO to R1 District (Z 22-01); and b) Adopt a resolution recommending that the City Council approve the tentative map creating a 19 lot residential subdivision (TM 22-01).

PROJECT DESCRIPTION:

The project requests approval of all entitlements required to redevelop the existing 3.69 acre site from a professional office complex to a 19 lot residential subdivision, as follows:

• Rezone the site from Professional Office to R1 Single Family Residential zone district and thereby implement the underlying 2040 General Plan Low Density Residential land use designation;

• Tentative Map and administrative level Architectural and Site Review permit to construct 19 new single-family, two-story homes on individual lots, and related site improvements consisting of a new cul-de-sac private roadway from W Sixth Street and 0.26 acre open space area for stormwater quality treatment along the southerly boundary.

The Architectural and Site Review Permit application would be approved administratively, subject to City Council adoption of the rezoning and approval of the tentative map.

The applicant is Drew Walstrum, Warmington Residential, owner is M. Bakri Musa,

9.3.i
Packet Pg. 350 Attachment: PC Staff Report July 7 2022 (3919 : 700 West 6th St.19-lot Subdivision)

2 Gilroy Professional Group, LLC, Assessor Parcel No.: 799-26-033; 799-26-037; 799-26- 049; 799-26-050, -051, & -052 and Project Numbers: AS 22-01, TM 22-01, Z 22-01

BACKGROUND:

Subject Property and Surrounding Land Uses: The subject site is presently developed with a professional office complex. The site and surrounding land uses are summarized as follows:

LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Project Site Office Complex LDR PO
North Single Family Residential LDR SFR
South Single Family Residential LDR SFR
East Single Family Residential LDR SFR
West Single Family Residential LDR SFR

Background Information: On October 29, 2021, the applicant submitted a pre- application and a request for a Design Review Group (DRG) meeting. During this meeting the DRG team helped refine the site design and defined the need for the applicant to establish an HOA.

On November 3, 2020, the City Council adopted the City of Gilroy 2040 General Plan, which identified the subject site as a housing opportunity site, and therefore changed the site land use designation from Professional Offices (PO) to Low Density Residential (LDR). As such the current zoning of Professional Offices (PO) is not in conformance with the current LDR land use designation. The City is currently updating the zoning code to bring the subject site to conformance with the 2040 General Plan. However, in order to move forward with the project prior to the zoning code changes, the applicant has elected to submit this application for zoning amendment.

Environmental Assessment: Pursuant to Section 15332 of the California Environmental Quality Act Guidelines the project is exempt from the provisions of CEQA and does not require preparation of environmental documents because, i) the proposed residential redevelopment will occur on an urban infill site less than 5 acres in size, ii) the site can be adequately served by all required utilities and public services, iii) the project is consistent with the Gilroy 2040 General Plan residential land use designation, iv) the proposed R1 zoning would implement the underlying land use designation, v) the site is currently developed and has no habitat value, and vi) the project would not result in significant traffic, noise, air quality or water quality impacts beyond that s tudied and anticipated for buildout under the 2040 General Plan EIR. Furthermore, the proposed project is located in a residential area, complies with all codes and regulations including stormwater treatment, and traffic generated by the residential use will be less than 100 daily trips which is equivalent to the traffic generated from the current office use.

DISCUSSION AND ANALYSIS:

General Plan Consistency: The site is designated for Low Density Residential uses, which is intended for single family residential development at densities of 3 to 8 acres per net acre. Based on the net site area of 3.09 acres (minus roadway), the project

9.3.i
Packet Pg. 351 Attachment: PC Staff Report July 7 2022 (3919 : 700 West 6th St.19-lot Subdivision)

3 density ranges from 10 to 25 units. Therefore, the 19-lot subdivision conforms to the applicable land use density, as well as pertinent goals and policies of the General Plan discussed as follows:

POLICY # TITLE AND SUMMARY ANALYSIS
LU 1.1 Pattern of Development: Orderly,
contiguous pattern that prioritizes
infill development…
The proposed project promotes
orderly development and provides a
contiguous pattern of development.

LU 1.2 Residential Growth: Encourage new
residential development to locate
within the existing USA…
The proposed project would not
require an expansion of the USA.

LU 1.8 Vacant and Underutilized Sites:

Encourage infill development on
these sites.

The proposed site would be an
underperforming/underutilized site.

Given its land use designation, the
proposed project would maximize
the subject site.

LU 1.11 Contiguous Development:

Discourage development that is not
contiguous with existing urban
development.

The proposed project would be
contiguous with single family
residential development on all sides.

LU 3.3 Residential Building Orientation:

Encourage new residential
development to orient buildings
toward streets or public spaces to
actively engage the community and
provide complete neighborhoods.

The proposed development would
substantially face onto roadways
and continue the current
neighborhood development pattern.

Zoning Code Conformance: The proposed site is currently zoned Professional Offices (PO) and rezoning the R1 Single Family Residential is required to implement the 2040 General Plan. This, the application for Zoning Amendment (Z 22 -01) to rezone the site from PO to R1 implements the 2040 General Plan Low Density Residential land use designation and is compatible with the surrounding neighborhood. The Planning Commission is required to hold a hearing on the zoning amendment and make its recommendation to the City Council whether the amendment is necessary to carry out the general purpose of the zoning code and general plan. Staff has determined that the findings for approval required under City Code Chapter 30.52 are supported, as the rezoning implements the 2040 General Plan Land Use Designation.

The Zoning Code also requires administrative Architectural and Site Review approval for development of four or more residential lots when proposed by the same developer.

The applicant has submitted the required application and plans, which are included as exhibits to this report. Staff has conducted a preliminary review of the home designs and plot plans, and generally concluded the development would comply with the R1 zoning standards in City Code Article V, and review criteria in City Code Sections

30.50.40 and 30.50.43. Action on the AS 22-01 application would be taken immediately following the adoption of the zoning amendment and approval of the tentative map applications.

Tentative Map (TM 22-01): This application is for a tentative map which pursuant to City Code section 21.83.1 and as provided under Chapter 4.5 (titled Development Rights) from the California Subdivision Map Act, rights conferred by a vesting map shall

9.3.i
Packet Pg. 352 Attachment: PC Staff Report July 7 2022 (3919 : 700 West 6th St.19-lot Subdivision)

4 be valid for a period of twelve (12) months beyond the reco rding of the final map. A tentative map shall be approved if it provides for orderly development based on the following primary aspects:

a) Site Layout: The subject site is approximately 3.70 acres and proposes 19 residential lots on 3.09 acres, 0.35 acres for an internal street and 0.26 acres for common open space. The proposed layout has been found to provide an orderly lot pattern with lots fronting along roadways in a manner consistent with the established residential neighborhood, and City Code Chapter 2 0.21 (Subdivisions and Land Development).

b) Design and Size of Lots: The proposed lots would range in size from 6,670 square feet to 8,592 square feet and would generally be in a rectangle shape.

The lot size and shape comply with the R1 zoning standards that establish a 6,660 minimum lot size for lots on new roadways, and City Code Chapter

20.21 which requires a minimum 40 foot lot frontage. The applicant has provided building designs that demonstrate the lots can be developed with single family homes.

c) Density: The project has a net density of 6.1 dwelling units per acre which falls midrange within the general plan density requirement of 3 to 8 units per net acre.

d) Circulation: The project site would take access off 6th St. Seven (7) lots would take direct access from Princevalle St. The remaining 12 lots would front the new private internal street. The circulation plan has been evaluated and deemed adequate by Engineering, Fire and Police. The project will complete the sidewalk connection from the existing sidewalk on Princevalle St. to the existing sidewalk on 6th St. The project has been conditioned to have the internal street named approved by the street naming committee prior to final map recordation.

e) Open Space: The project proposes 0.26 acres of open/common space. This common space would have internal access, would be for private use only and would be maintained by the HOA

f) Improvements: The site is currently served by all utilities. No new public streets or street extensions are required or proposed for the project.

Furthermore, the project as proposed and conditioned would complete the connection between the existing Princevalle and 6th street sidewalks. The project would improve the pedestrian crossings, on all corners of 6th and Princevalle to current standards. The project would remove 32 existing street trees and replace them with 17 new, 48-inch box, street trees. The street trees would be Bloodgood London Plane Tree and Keith Davey Chinese Pistache.

g) Property Dedications and Easements: The tentative map will incorporate all required access and easements necessary to serve the site and all required frontage improvements are proposed and conditioned for this development.

9.3.i
Packet Pg. 353 Attachment: PC Staff Report July 7 2022 (3919 : 700 West 6th St.19-lot Subdivision)

5 In accordance with Gilroy City Code Section 21.41 and the subdivision map act section 66474, staff has evaluated each of the required findings. Based on the discussion herein, staff supports a recommendation of approval by the Planning Commission with the recommended findings and conditions included in the draft resolu tion of approval of TM 22-01 as attached to this staff report. Initial approval of a tentative map is valid for twenty-four (24) months. Such approval may only be extended at the Council’s discretion.

Technical Advisory Committee (TAC): Project plans were routed to Engineering, Building, Police, and Fire representatives for internal review and comment. The TAC considered the project on June 6. Recommendations of the TAC members have been incorporated into the project plans and/or are included as recomm ended conditions in attached resolution(s).

Notification of the proposed tentative map was also provided to all agencies and utilities that would serve the development.

Gilroy Unified School District (GUSD): Project plans were routed to the GUSD for review and comments. GUSD representatives did not have comments or concerns on the proposed project, which can be adequately served by existing schools .

PUBLIC NOTICING:

City Code chapter 30.51 (application review procedures) and state law require that a written notice be mailed at least (10) days prior to the date of a public hearing to neighboring property owners within a 500-foot radius. Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by First American Title Company using current ownership data. On June 24, 2022, City staff mailed notices of this Planning Commission meeting to the property owners and other interested parties. In addition, the project was noticed on the June 24th Edition of the Gilroy Dispatch, the property has been posted with on-site signage notifying passersby of pending development, and the Planning Commission public hearing packets are available through the City's webpage.

Public Comments: As of June 30, 2022, a public comment was submitted to City Staff by Glenn and Christel Morley. Their email expresses concern that the Planning Commission hearing is only 10 days from receipt of notification. Given this, and the fact that the hearing is taking place three days after the Ju ly 4th holiday, Mr. and Ms. Morley request that the Planning Commission postpone the public hearing to give sufficient time for them and other interested parties to make arrangements to attend the meeting.

APPEAL PROCEDURE:

The Planning Commission's action is not final, but rather a recommendation. As such, the matter will be considered by the City Council at a later date.

Attachments:

1. 700 W 6th Location Map

2. 700 W Sixth Street Tentative Map

9.3.i
Packet Pg. 354 Attachment: PC Staff Report July 7 2022 (3919 : 700 West 6th St.19-lot Subdivision)

6 3. 700W-6th Landscape Plans

4. 700 W 6th Architecture Reduced

5. Glenn and Christel Morley Public Comment

6. PC Resolution Z 22-01

7. PC Resolution TM 22-01

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Packet Pg. 355 Attachment: PC Staff Report July 7 2022 (3919 : 700 West 6th St.19-lot Subdivision)

ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A ZONING MAP AMENDMENT (Z 22-01) FOR PROPERTY LOCATED ON 700 WEST 6th STREET APN: 799-26-033, 037, 049, 050, 051, & 052)

WHEREAS, on May 11, 2022 an application submitted by Warmington Residential requesting a zoning map amendment (Z 22-01) was accepted as complete for the 3.70 acre site located on 700 W 6th Street; and

WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040 General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines as well as all sections required to be included in an EIR; and

WHEREAS, the proposed request to change the zoning designation for the subject site from Professional Offices (PO) to Single Family Residential (R1) would be in conformance with the 2040 General Plan low density residential land use designation and applicable goals and policies; and

WHEREAS, the project has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the California Environmental Quality Act Guidelines the project is exempt from the provisions of CEQA and does not require preparation of environmental documents as the proposed residential redevelopment will occur on an urban infill site less than 5 acres in size, which can be adequately served by all required utilities and public services, and that is consistent with the Gilroy 2040 General Plan residential land use designation; and

WHEREAS, the Planning Commission held a duly noticed public meeting on July 7, 2022, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the project Z 22-01; and

WHEREAS, the Planning Commission of the City of Gilroy determined that the proposed Zoning Map Amendment meets the findings for approval and recommended that the City Council approve application Z 22-01.

WHEREAS, the City Council held a duly noticed public hearing on August 1, 2022, at which time the City Council received and considered the staff report as well as all evidence received including written and oral public testimony related to the project Z 22-01; and

WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the Commun ity Development Department, Planning Division.

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Packet Pg. 356 Attachment: CC Ordinance Z 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

Ordinance No. 2022-XX
Zoning Map Amendment Z 22-01
City Council Regular Meeting | August 1, 2022

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I
The City Council finds that:

A. “The zoning map amendment conforms to the Gilroy General Plan.” The proposed R1 zone and density implement the Low Density General Plan land use designation, which primarily allows for single-family residential development.

B. “The project provides the type of development that will fill a specific need of the surrounding area.” The land use designation allows for single-family or duplex residential development at density of 3 to 8 units per acre. Residential rezoning to R1 single family is appropriate for this site as it will continue the existing single family residential neighborhood development pattern in the neighborhood, at a density of 6.1 units per net acre.

C. “The project will not require urban services beyond those that are currently available.” All utilities needed to serve the project are located adjacent to the property.

D. “The project reflects an economical and efficient pattern of land uses.” The project proposes an economical and efficient pattern of land uses by developing the full potential of the allowed density of the low density land use designation, and promotes an orderly pattern of development.

SECTION II

If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court o f competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION III Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

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Packet Pg. 357 Attachment: CC Ordinance Z 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

Ordinance No. 2022-XX
Zoning Map Amendment Z 22-01
City Council Regular Meeting | August 1, 2022

PASSED AND ADOPTED this 1st day of August, 2022 by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

APPROVED:

________________________________
Marie Blankley, Mayor

ATTEST:

____________________________
Thai Nam Pham, City Clerk

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Packet Pg. 358 Attachment: CC Ordinance Z 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

EXHIBIT A

CONDITIONS OF APPROVAL
TM 22-01

PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S).

1.APPROVED PROJECT: The approval for Tentative Parcel Map TM 22-01 is granted to subdivide a 3.69-acre site into 19 lots, located at 700 W 6th St., located on Assessor Parcel No. 799-26-033/037/049/050/051/052 as shown on Project Plans dated as received by the Planning Division on June 10, 2022, prepared by Warmington Residential, dated March 25, 2022, and consisting of 57 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 building permit submittal, shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council.

2.RELATED ENTITLEMENTS: This permit is subject to the findings and conditions of approval, and mitigation measures of AS 22-01 and Z 22-01 (i.e. related and/or concurrent entitlement requests).

3.COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant.

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 amended, done or made prior to the approval of such resolution that were part of the approval process.

5.SIGNS: No signs are approved as part of this application. Prior to issuance of a sign

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Packet Pg. 359 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

permit for this site, Developer shall propose well-designed, quality signs that comply with the allowances of the City Code and are to the satisfaction of the Community Development Director or designee.

6. SIGNAGE: All signage advertising the development project or components thereof, including individual tenants or subdivisions, shall be installed or maintained onsite or offsite as allowed and in conformance with an approved sign permit.

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.

The following conditions shall be addressed prior to issuance of any BUILDING PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise specified in the condition.

8. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval of this permit, as adopted by the decision- maker.

9. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit, Developer shall submit a Habitat Permit application to the City of Gilroy. The application shall consist of the application processing fee, Santa Clara Valley Habitat Plan Application For Private Projects and Fees and Conditions Worksheet (available on the Santa Clara Valley Habitat Agency website: https://www.scv-habitatagency.org/) . The grading permit will be issued only after approval of the Habitat Plan permit and payment of assessed fees.

The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or other deadline as specified in the condition.

10. TENTATIVE MAP: 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.

11. HOMEOWNERS’ ASSOCATION: Developer shall establish a Homeowners’ Association (HOA) for the development. The HOA 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.

12. GARAGE USE: Garages shall be used for resident parking only. Storage is permitted so long as it does not prevent use of garage for required vehicle parking. The use and availability of garage spaces for parking shall be specified in the project CC&R’s.

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Packet Pg. 360 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

13. 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.

14. VESTING TENTATIVE MAP: This is a vesting tentative map subject to city code section 21.83.1 and the rights conferred by a vesting map, as provided under Chapter 4.5 (titled Development Rights) from the California Subdivision Map Act, shall be valid for a period of twelve (12) months beyond the recording of the final map. When more than one final map is being recorded on various phases of a project covered by a single vesting tentative map, the twelve (12) month time period shall begin for each phase when the final map for that individual phase is recorded.

The following STANDARD CONDITIONS OF APPROVAL shall apply to the development of the site during all phases of construction.

15. USE CONSTRUCTION EQUIPMENT THAT HAS LOW DIESEL PARTICULATE MATTER EXHAUST EMISSIONS:

During any construction period the applicant shall prepare a plan to reduce emissions such that increased cancer risk and annual PM2.5 concentrations from construction. The plan shall be approved prior to the issuance of the first construction-related permit. The following feasible measures to achieve a 66 percent reduction in particulate matter exhaust (in comparison to the emissions from uncontrolled equipment) could involve the following:
•All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for particulate matter (PM10 and PM2.5).
•The use of construction equipment that meets U.S. EPA emission standards for Tier 3 engines and include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control.
•The use of electrical or non-diesel fueled equipment.

16. DUST AND EXHAUST CONTROLS. During any construction period ground disturbance, the applicant shall ensure that the project contractor implement measures to control dust and exhaust. Implementation of the measures recommended by BAAQMD and listed below would reduce the air quality impacts associated with grading and new construction to a less-than-significant level. Additional measures are identified to reduce construction equipment exhaust emissions. The contractor shall implement the following best management practices required for all projects:
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 off-site shall be

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Packet Pg. 361 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

covered.
c. All visible mud or dirt track-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 shall be limited to 15 miles per hour (mph). 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. Clear signage, that provides regulations for idling times, 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 mechanic and determined to be running in proper condition prior to operation. 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.

17. SPECIAL STATUS SPECIES PROTECTION: Prior to the issuance of a grading permit, a pre-construction survey shall be conducted by a qualified biologist to confirm that the California red-legged frog, California tiger salamander and American badger are not on the project site. If any of these species are identified onsite or an area affected by construction, the requirements of USFWS and/or CDFW shall be implemented to minimize or avoid any impacts, including but not limited to the installation and monitoring of exclusionary fencing, an education training for all contractors working on site, and on- site monitoring by a qualified biologist or trained biological monitor.

18. CULTURAL RESOURCES: Prior to grading or excavation on the Project site, the applicant shall hire a qualified professional archaeologist (i.e., one who meets the Secretary of the Interior’s professional qualifications for archaeology or one under the supervision of such a professional) to monitor all ground disturbing activities, to the extent determined necessary by the archaeologist. In the event that any prehistoric or historic- period subsurface archaeological features or deposits, including darkened soil (midden), that could conceal cultural deposits, animal bone, obsidian and/or mortar are discovered during earth-moving activities, all ground-disturbing activity within 50 feet of the discovery shall be halted immediately, and the Planning and Building Divisions shall be notified within 24 hours. City staff may consult with the project archeologist to assess the significance of the find. If Native American archaeological, ethnographic, or spiritual resources are discovered, all identification and treatment of the resources shall be conducted by a qualified archaeologist and Native American representatives identified by the Native American Heritage Commission. If tribal cultural representatives identified he

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Packet Pg. 362 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

NAHC fail to make a recommendation within 48 hours after being notified by the NAHC, the landowner or his/her authorized representative shall either rebury all Native American tribal cultural resources on the project site in a location not subject to further subsurface disturbance, or be handled in a manner consistent with the Secretary of the Interior's Standards for Archaeological Documentation and acceptable to the Planning and Building Divisions.

19. ENERGY EFFICIENCY: During the approval and construction phases, the Project will be required to comply with the Requirements contained in Title 24 Energy Efficiency, contained in Chapter 6 of the Gilroy Municipal Code.

20. FINAL GEOTECHNICAL INVESTIGATION: Prior to the issuance of a building permit, submittal of a final geotechnical investigation will be required. The recommendations contained in the final investigation will minimize the impacts from geologic and soil hazards.

21. WATER EFFICIENT IRRIGATION: Implementation of the requirements of Article XXXVIII. Landscaping, Water Efficiency, and Storm Water Retention and Treatment will reduce water use.

22. STREET TREES: Street trees to be replanted on 6th St. and Princevalle shall be of a City approved species other than Bloodgood London Plane Tree.

PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions authorize the specific terms and are a part of the project ENTITLEMENT(S); and which shall be addressed on the construction plans submitted for any BUILDING PERMIT, GRADING PERMIT or SUPERSTRUCTURE, and shall be satisfied prior to issuance of whichever permit is issued first, or if another deadline is specified in a condition, at that time.

23. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE: At the time of first improvement plan submittal, the applicant shall submit a $20,000.00 (Twenty thousand dollar) initial deposit for project plan check and construction inspection. This deposit will be credited/accounted toward final plan check and inspection fee for the project. In addition, the applicant shall submit a detailed project cost estimate prepared by the project engineer, to approval of the City Engineer, with the initial project plan submittal. The cost estimate shall be broken out into on-site and off-site improvements.

Prior to plan approval, the applicant shall pay 100% of the plan check and inspection fee based on the approved project cost estimate. Public Works will not sign-off on the issuance of the project building permit without full payment of this plan check and inspection fee. (PUBLIC WORKS).

24. PLAN SUBMITTAL: The Engineering project plans shall be submitted, in full, per the Public Works Engineering Submittal Checklist. Improvement plans are required for both

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Packet Pg. 363 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

on-site and off- site improvements, and the improvement plan set cover sheet shall include an index referencing on-site and off-site improvements. All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details and are subject to all laws of the City of Gilroy by reference. The improvement plans shall include all civil project plans including, but not limited to, site plans, grading plans, utility plans, joint trench, off-site plans, lighting (photometric) plans, and landscaping plans. The plans shall clearly identify both public and private utilities. The improvement plans shall be submitted per the Public Works Engineering Submittal Checklist provided by the City, and available on the City website.

In addition:
a. A complete set of improvement plans shall consist of Civil site design, landscape site design, Electrical, Joint Trench. Any walls or structural features part of the landscape design shall also be included;
b. Improvement plans are required for both on-site and off-site improvements. A separate plan set for each shall be prepared, or at the approval of the City Engineer, onsite and offsite sheets can be combined into one plan set; c. The improvement plan submittal, including utility sheets, shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, etc. shall be relocated/installed behind the back of sidewalk;
d. Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval;
e. Improvement plans shall include General Notes found in the City of Gilroy General Guidelines;
f. Improvement plans shall be completed per the Public Works Engineering submittal checklist, which can be found in the City’s website. At first submittal, a completed checklist shall be included in the submittal package and shall show which items have been included.
g. The improvement plan cover sheet shall include a table summarizing all facilities (Streets, Utilities, Parks, Landscaping, etc.), showing the ownership of all facilities, access rights to, and the maintenance responsibilities of all facilities; h. Improvement and grading plans shall show existing topo and features at least 50’ beyond the project boundary. The plan shall clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances;
i. If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional Haul Permit is required.

A statement indicating the need to obtain a Haul Permit must be added as a general note to the Grading and Drainage Plan;
j. All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor;
k. A Title Report shall be submitted with first submittal improvement plans. An existing site plan shall be submitted showing all existing site conditions and title report easements. The plan shall include bearing and distance information for all right-of-way and easements;

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Packet Pg. 364 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

l. The plan shall show any proposed easements to be dedicated for any needed purpose, or any easement expected to be abandoned through separate instrument.

This includes PUE, PSE, EVAE, Cross-Property Access Easement, Landscape Easement, Drainage Easement, Pole Line Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts between disciplines, the applicant shall provide a “composite exhibit” showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled “Composite Plan”) to confirm that there are no conflicts; n. All Solid Waste Vehicle circulation movements shall be modeled and shown on a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled using AutoTurn swept analysis software, and shall include all turning and street circulation movements;
o. All Emergency Vehicle circulation movements shall be modeled and shown on a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled using AutoTurn swept analysis software, and shall include all turning and street circulation movements;
p. All utility boxes exposed to or near to (and not necessarily exposed to) traffic or in a driveway, including sanitary sewer and/or water meter boxes, shall have traffic- rated boxes and lids (PUBLIC WORKS)

25. UTILITY PLANS: A utility plan shall be provided for all projects as specified within these conditions of approval. To ensure coordination between the applicant and the relevant utility company:
a. The applicant shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground).
b. The applicant shall negotiate any necessary right-of-way or easement with PG&E, or any other utilities, subject to the review and approval by the Engineering Division and the utility companies.
c. A “Will Serve Letter” shall be provided for each utility company expected to service the subdivision. Early coordination with the utility companies is necessary to obtain this letter. Coordination of City utilities shall be through the Engineering Division.
d. A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. (PUBLIC WORKS)

26. UTILITY RESPONSIBILITIES: Storm, sewer, & water utilities in private areas shall be privately owned and privately maintained. Conversely, public utilities within utility easements on private property remain the responsibility of the individual utility companies to maintain. The plans shall note the inspection, ownership and maintenance responsibility

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Packet Pg. 365 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

for each utility shown on the plans within a Table of Responsibilities on the project cover sheet of the improvement plans submitted with the initial plan submittal. The table shall include the list of streets, the responsible party for inspection of the improvements, who is responsible for the ownership of the utility, and who is responsible for the maintenance of the utility. An example of this table, including the types of utilities to be listed, can be provided by the Engineering Division upon request. (PUBLIC WORKS)

27. PREPARATION OF ELECTRICAL PLANS: The project electrical plans shall be prepared by a registered professional engineer experienced in preparing these types of plans. The applicant shall submit, with the improvement plans submitted with the initial plan submittal, a letter from the design Electrical or Civil Engineer that states the electrical plan conform to City Codes and Standards, and to the approved improvement plans. The letter shall be signed and stamped by the professional engineer that prepares the improvement plans. (PUBLIC WORKS)

28. EXISTING FACILITIES PROTECTION: All existing public utilities shall be protected in place and if necessary, relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy. (PUBLIC WORKS)

29. WATER QUALITY: Project design shall comply with the Stormwater Management Guidance Manual for Low Impact Development & Post-Construction Requirements. The applicant shall submit the Source Control Checklist as well as the appropriate Performance Requirements Checklist found in Appendix A of the manual at the time of the initial submittal for building permit. The manual can be found at the following site:
www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)

30. DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations, or a project stop order. (PUBLIC WORKS)

31. BEST MANAGEMENT PRACTICES (BMP): The applicant shall perform all construction activities in accordance with Gilroy Municipal Code Section 27C, Municipal Storm Water Quality Protection and Discharge Controls, and Section E.10, Construction Site Storm Water Run-Off Control Program of the Regional NPDES Permit. Detailed information can be located at:
www.flowstobay.org/documents/business/construction/SWPPP.pdf . This sheet shall be printed and included in all building construction plan sets permitted for construction in the City of Gilroy. (PUBLIC WORKS)

32. FIRE DEPARTMENT HYDRANT FLOW TEST: The applicant shall perform a Fire Hydrant flow test to confirm the water system will adequately serve the development and will modify any part of the systems that does not perform to the standards established by the City. Applicant shall coordinate with Fire Department for the Fire Hydrant flow test.

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Packet Pg. 366 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

The flow test results shall be submitted with the initial plan submittal. (PUBLIC WORKS)

33. PROJECT STUDIES: The applicant shall submit, for City approval, any applicable water, sewer, storm drain or traffic studies for the development deemed appropriate by the City Engineer. These studies shall provide the supporting hydraulic calculation for pipe sizing per the City Standard Design Guidelines. The study shall be reviewed and approved by Engineering. If the results of the study indicate that this development contributes to the over-capacity of the trunk line, the applicant will be required to mitigate the impact by removing and replacing or upsizing of the existing utilities to accommodate the appropriate level of project flows to the approval of the City Engineer. The improvements shall be addressed on the construction drawings, to the approval of the City Engineer, prior to the issuance of the first building permit. (PUBLIC WORKS)

34. IMPACT FEES: The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The City’s latest impact fee schedule is available on the City’s website. Payment of all Impact Fees is required at first building permit issuance. Fees shall be based on the current fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. Note that impact fees increase at the beginning of each fiscal year, July 1. Specific fee language is provided further in these conditions of approval. (PUBLIC WORKS)

35. STORMWATER MANAGEMENT PLAN: At first improvement plan submittal, the applicant shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas. Study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition). Existing off-site drainage patterns, i.e., tributary areas, drainage amount, and velocity shall not be altered by the development. The plan shall be to the approval of the City Engineer and shall be approved prior to the issuance of the building permit. (PUBLIC WORKS)

36. STORMWATER CONTROL PLAN: At first improvement plan submittal, the applicant shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to include background, summary, and explanation of all aspects of stormwater management.

The report shall also include exhibits, tables, calculations, and all technical information supporting facts, including but not limited to, exhibit of the proposed site conditions, which clearly delineates impervious and pervious areas on site. The plan shall provide a separate hatch or shading for landscaping/pervious areas on-site including those areas that are not bio-retention areas. This stormwater control plan report format does not replace or is not in-lieu of any stormwater control plan sheet in the improvement plans. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. At applicant’s sole expense, the stormwater control plan shall be submitted for review by an independent third party accepted by the City for compliance. Result of the peer review shall be submittal and approved by the City Engineer prior to the issuance of the first building permit. (PUBLIC WORKS)

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Packet Pg. 367 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

37. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are damaged during construction or removed because of the applicant’s operations. The applicant shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. Said repairs shall be completed prior to the first occupancy of the project. (PUBLIC WORKS)

38. TRIANGULAR AREA OF VISIBILITY : Landscaping and permanent structures located within the 10' triangular area of visibility at the driveway, and 45’ triangular area of visibility at any project corner, shall have a minimum vertical clearance of 9’, and/or be less than 2’ in height. This includes all PG&E above ground structures and other utility facilities. The sight triangle shall be shown on the site civil plans, to the approval of the City Engineer, to demonstrate this condition. (PUBLIC WORKS)

39. DRIVEWAY DESIGN: Driveway grades shall be designed to keep a standard design vehicle from dragging or “bottoming out” on the street or driveway, and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided on the site civil plans to the satisfaction of the City Engineer. (PUBLIC WORKS)

40. GRADING & DRAINAGE: All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. There shall be no earthwork disturbance or grading activities between October 15th and April 15th unless otherwise approved by the City Engineer. If approved, the applicant shall submit a Winterization Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Gilroy Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP).

The SWPPP shall supplement the Erosion Control Plan and project improvement plans.

These documents shall also be kept on-site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. A project WDID# shall be added to the grading plans prior to plan approval. (PUBLIC WORKS)

41. GEOTECHNICAL ENGINEER: Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with the recommendations or the project geotechnical study, and the peer review comments. The applicant’s Geotechnical Engineer’s approval shall then be conveyed to the City either by letter, or by signing the plans.

All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all grading activities were

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Packet Pg. 368 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

performed in conformance with the requirements of the project’s geotechnical report. The applicant shall add this condition to the general notes on the grading plan.

Certification of grades and compaction are required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. (PUBLIC WORKS)

42. STREET TREES REMOVAL: The street trees identified as 329 & 323 are to remain.

All other trees are to be removed. Removed trees shall be replaced with 48-inch box trees.

If trees 329 and 323 are deemed necessary for removal for necessary and specific reasons at final design, they will be removed with City Engineer approval. (PUBLIC WORKS)

43. TREE REMOVAL EXHIBIT: At initial design submittal, the developer shall submit for City review a tree removal exhibit as part of the plan set, that clearly indicates which trees are to be removed and which trees are to be preserved. The exhibit shall also include a tree protection detail explain how the existing trees are going to be protected in place during construction. (PUBLIC WORKS)

44. TREE REMOVAL PERMIT: The applicant shall obtain a Tree Removal Permit from the Engineering Division for removal of existing trees in the public right-of-way, prior to the issuance of a building permit or demolition building permit, whichever is issued first. (PUBLIC WORKS)

45. ENCROACHMENT PERMITS, BONDS, AND INSURANCE: The applicant must obtain an encroachment permit, posting the required bonds and insurance, and provide a one (1) year warranty for all work to be done in the City's right-of-way or City easement.

This encroachment permit shall be obtained prior to the issuance of a foundation building permit and prior to any work being done in the City's right-of-way. All existing public utilities shall be protected in place and if necessary, relocated as approved by the City Engineer. No permanent structures are permitted within the City right-of-way, or within any City easement unless otherwise approved by the City Engineer. The applicant shall have street improvement plans prepared for all work in the public right-of-way by a licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Prior to issuance of the encroachment permit, the applicant shall submit any applicable pedestrian or traffic control plans for any lane or sidewalk closures. The traffic control plan shall comply with the State of California Manual of Uniform Traffic Control Devices (MUTCD), and standard construction practices. [(For major street improvements) Construction plans for improvements in the right-of-way shall be submitted to the City Engineer at 30%, 60%, and 90% design for review. All design assumptions and criteria shall be submitted with each phase of design submittal. Project specifications shall be included for review with the 90% design review.]
Final construction plans and specifications shall be approved by the City Engineer, and released for construction, prior to the issuance of the encroachment permit. The applicant is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, applicant shall submit a pothole plan for City review and approval. Applicant shall provide the pothole result to the City Engineer prior to final

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Packet Pg. 369 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

design. Right-of-way improvements shall include, at a minimum, the following items:
(PUBLIC WORKS)
a. STREET WIDENING: The applicant shall widen Princevalle. The applicant shall install new street section, curb, gutter, and sidewalk and relocate affected utilities as directed by the City Engineer. All work shall be shown on the required improvement plans.

b. STREET TREES: The applicant shall plant street trees along the project frontage to match the City of Gilroy’s Street Tree Plan in effect at the time of construction.

The street tree plans shall be per City Standard Drawings and will include City Standard tree grates.

c. TREE GRATES: The applicant shall install City Standard Tree Grates as specified in the approved plans. Tree grates shall be 4’x6’, model OT-T24 by Urban Accessories, and shall be black power coated. The tree grates shall be shown on the improvement plans to be located at the back of curb to the approval of the City Engineer and shall be installed with the street trees prior to the first occupancy.

d. STREET MARKINGS: The applicant shall install necessary street markings of a material and design approved by the City Engineer and replace any that are damaged during construction. These include but are not limited to all pavement markings, painted curbs, and handicap markings. All permanent pavement markings shall be thermoplastic and comply with Caltrans Standards. Color and location of painted curbs shall be shown on the plans and are subject to approval by the City Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, or sand blasting if in paint.

e. SIDEWALK: The applicant shall replace to existing City standards all sidewalk surrounding the project site. The actual amount of sidewalk to be replaced shall be determined by the Public Works Construction Inspector in the field prior to construction. Sidewalk replacement shall be constructed per the City Standard Drawings.

f. CURB RAMP(S): The applicant shall construct 4 curb ramps in accordance with the latest Caltrans State Standard Drawing at the Princevalle & W 6th St intersection. The actual ramp "Case" shall be identified on the plans and shall be to the approval of the City Engineer.

g. DRIVEWAY APPROACHES: The applicant shall install driveway approaches as shown on the approved plans. The new residential driveway approaches shall be constructed per the City Standard Drawing.

h. DRIVEWAY REMOVAL: The applicant is to remove the existing driveway approaches located along the project frontage as shown on the approved A&S application plans, and replace them with sidewalk, curb, and gutter per the City Standard Drawing.

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Packet Pg. 370 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

i. SEWER LATERAL: The applicant shall install as a minimum a four (4) inch City Standard sewer lateral connection from the property line to the sewer main located in the street right-of-way for each proposed lot. The installation shall be done in accordance with the City Standard Drawing SWR-6 including a 6" property line clean-out.

j. SEWER CLEAN-OUT: The applicant shall install a sewer lateral clean-out at the property line for each proposed lot in accordance with the City Standard Drawing SWR-6.

k. SANITARY SEWER MANHOLES: The applicant shall install standard sanitary sewer manholes, per approved plans and in accordance with the City Standard Drawing.

l. STORM WATER CATCH BASINS: The applicant shall install standard storm water catch basins, in accordance with the City Standard Drawing.

m. STREET LIGHTS: The applicant shall provide and install standard aluminum electrolier street lights per City Standard Drawing EL-1 to EL-5. The applicant is responsible for all PG&E service fees and hook-up charges. Any new service point connection required to power the new lights shall be shown on the construction drawings along with the conduit, pull boxes and other items necessary to install the street lights. An Isometric lighting level needs to be provided by the designer/contractor. A separate light study may be required by the City Engineer.

The new street light shall have 32’ mounting height per Standard Drawing EL -3, with mounting arm length per Standard Drawing EL-4, the Fixture shall be Leotek GC1 or GC2 series in an approved configuration per detail EL-2 or approved equal.

The arm shall be installed at the location as shown on the approved plans.

n. FIRE HYDRANTS: The applicant shall install new fire hydrants along the project frontage. Spacing shall meet City and Fire Marshall requirements.

46. 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 in acceptable above ground locations approved by the Planning Director and the City Engineer. Underground utility plans must be submitted to the City prior to installation. (PUBLIC WORKS)

47. STREET LIGHTING STANDARDS: The applicant shall submit plans for street/sidewalk showing lighting levels to Illuminating Engineering Society (IES) Standards. The plan shall comply with lighting requirements as follows:
a. Arterial Streets: 1.0 fc average. 3/1 average to minimum uniformity. 0.34 fc minimum
b. Collector/Local Streets: 0.6 fc average. 4/1 average to minimum uniformity. 0.2 fc minimum

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Packet Pg. 371 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

c. Local Streets: 0.4 fc average. 6/1 average to minimum uniformity. 0.07fc minimum.
d. High Volume Intersections: 1.1fc average. 3/1 average to minimum uniformity.

0.4 fc minimum.
e. Low Volume Intersections: 0.7 fc average. 4/1 average to minimum uniformity.

0.2 fc minimum.

The applicant shall submit a photometric plan identifying how these lighting levels are being met given the site geometrics, using the City Standard street lights, and a Type III lighting distribution. The width of the street shall, and lighting levels shall determine the lighting spacing. Street lights and pull boxes shall be installed in the planter strip if one is present, or behind the back of walk where feasible so as to maintain sidewalk clear of obstructions to the approval of the City Engineer. The photometric plan shall be approved prior to the issuance of the building permit. (PUBLIC WORKS)

48. FENCES AND OTHER PERMANENT STRUCTURES WITHIN CITY RIGHT-OF- WAY: The applicant shall locate all project fencing and foundation of a permanent nature within the project’s property and out of the City right-of-way whenever possible. If located within the City right-of-way, the applicant shall have a license agreement recorded against the owner’s property that indemnifies and holds harmless the City. The license agreement shall also include language in which the applicant agrees to allow access to any utility company wishing to have access to the public right-of-way for existing or new utility installation. The license agreement shall also include language that requires the removal of the fence and foundation, at the owner’s expense, should the City desire to use the right-of-way for street, sidewalk or other purposes identified by the City Engineer.

The license agreement shall be approved as to form by the City Attorney’s Office and shall be recorded against the owner’s property prior to the issuance of any City encroachment permit. (PUBLIC WORKS)

49. STORM DRAIN INLETS AND WATERWAYS: Per the City’s Clean Water Program’s requirements, the applicant shall mark with the words “No Dumping! Flows to Bay,” or equivalent, using methods approved by the City standards on all storm inlets surrounding and within the project parcel. Furthermore, storm drains shall be designed to serve exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not permitted in the City of Gilroy. (PUBLIC WORKS)

50. GARBAGE/RECYCLE STORAGE AND SERVICE: The applicant shall provide an adequate area for the purposes of storing garbage and recycling collection containers for scheduled servicing by the franchise solid waste collection service. If required, the containers may be placed on the street within the loading zone for a maximum of two hours; one hour prior to the scheduled servicing time and must be removed from the street within one hour after the service. The containers shall be placed at the service location allowing enough room for the truck to safely approach the containers. The collection containers shall be brought to the service area on the day of service and returned to the storage enclosure by the property owner. The containers are not to be in public view or in the public right-of-way prior to, or beyond the scheduled service times. A letter shall be provided, to the approval of the City Engineer, from the City’s franchise solid waste

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Packet Pg. 372 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

collection service provider (Recology) confirming serviceability and site accessibility of the solid waste pickup as designed and shown on the project plans. Contact Recology at 408-842-3358. (PUBLIC WORKS)

51. UNDERGROUND FRONTAGE UTILITY LINES: The applicant must underground all overhead utilities, and remove all related utility poles, along the project frontage from utility pole to utility pole. The applicant shall be responsible for the coordination with all utility companies existing on the poles and coordinate for their undergrounding or relocation as necessary so that the project frontage is free from utilities to the approval of the City Engineer. The applicant shall submit plans for this undergrounding work with the civil plans submitted with the first building permit. Permitting for this undergrounding work shall occur prior to the issuance of the first building permit unless otherwise approved by the City Engineer. (PUBLIC WORKS)

52. DRAINAGE: Drainage improvements made on-site shall conform to standard engineering practices and shall not allow any site drainage to impact adjacent properties. All drainage capacity calculations shall be performed by a licensed Civil Engineer, whose signed engineer’s stamp shall appear on the calculations sheets and shall be submitted to the City for review and approval with the project civil plans.

If the project is proposing to connect to an existing storm drain system within or downstream from the site, the design engineer shall provide calculations with the final design plans to demonstrate that the downstream drainage system has adequate capacity to accommodate the additional site flows being added to the system for the design storm per City Standards. The calculations shall be to the approval of the City Engineer prior to the issuance of the first building permit. (PUBLIC WORKS)

53. STORMWATER MANAGEMENT: At Developer’s sole expense, Developer shall submit results from a third-party review of the project’s stormwater design. The results shall confirm that the project is complying with requirements set in the City of Gilroy Stormwater Management Guidance Manual for Low Impact Development and Post- Construction Requirements. (PUBLIC WORKS)

54. SITE LANDSCAPING COORDINATION: The site landscaping needs to be coordinated between the stormwater treatment area and the overall site landscaping plan area. The landscaping within the stormwater treatment area will not count towards the site landscaping requirement. Stormwater treatment areas should be identified on the site first, and then site landscaping to make sure the correct plant material is identified for each area.

Some site landscaping plant material may not be suitable in stormwater treatment areas due to the nature of the facility. Sewer facilities cannot be aligned through stormwater treatment facilities. It is the applicant’s responsibility to coordinate the civil stormwater treatment facilities and the plans from the project landscaper. (PUBLIC WORKS)

55. ADDRESS PLAN: The applicant shall submit to the Public Works Department a proposed street naming and street address plan. Applicant shall contact the planning department to obtain a list of potential street names. The applicant shall make suggested street names, which will be forwarded and confirmed or changed by the City’s street

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Packet Pg. 373 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

naming committee. The plan shall be substantially in conformance with the address plan approved with the Arch & Site application. Said submittal shall be approved by the City Engineer and City Street Naming Committee prior to the submittal of plans for any demolition permit, building permit, or site development permit and shall be satisfied prior to issuance of whichever permit is issued first. (PUBLIC WORKS)

56. CDS UNIT: At final design a post construction device, CDS unit or equivalent, shall be incorporated into the onsite storm drain system prior to discharging into the Public Storm Drain System. Update the Stormwater Control Plan to include all relevant sizing calculations and CDS information. (PUBLIC WORKS)

57. PERMITS REQUIRED BY OTHER AGENCIES: The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. The applicant is hereby informed that permits may be required by one (1) or more of the following: Army Corps of Engineers, UPRR, Fish and Wildlife, Regional Water Quality Control Board, Santa Clara County Roads and Airports, Santa Clara Valley Water District or Habitat Permit. If project is within jurisdiction of any of these agencies, verification of permit or waiver of permit must be given to the Public Works Department prior to issuance of any required City permits. If the City is required to be a party to the permit application and a fee is required, the applicant shall reimburse the City for its cost. A copy of these permits shall be provided to the satisfaction of the City Engineer prior to the issuance of the building permit. (PUBLIC WORKS)

58. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to prove funding towards additional tree planting in the City. The fee is based on the amount of added hardscape the project is adding. The estimated impact fee, based on the approved plans, is $378.00. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to Council Approval. (PUBLIC WORKS)

59. IMPACT FEE CREDIT: This project will be subject to impact fee credits due to existing facilities on the current project site. The following impact fee credits will be applied to this project. The following fees will be deducted from the total new project impact fees:

Storm Impact: $2,143.89
Street Trees: $361.20
Traffic Impact: $240,027
Sewer Impact: $45,110.25
Water Impact: $20,466.22
Public Facilities Impact: $101,089.95
(PUBLIC WORKS)

60. STORM DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the project's share of storm drainage flowing off-site and shall be used to enhance the City’s storm drainage system based on the recommendations of the adopted Storm Drainage Master Plan. The estimated impact fee, based on the approved plans, is $2,213.00. This fee is only an estimate. The actual impact fee will be calculated based on

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Packet Pg. 374 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to Council Approval. (PUBLIC WORKS)

61. SANITARY SEWER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the project’s share of the increase amount of sewage generated by the project, which shall be used to enhance the City’s sewer system based on the adopted Sewer Master Plan. The estimated impact fee, based on the approved plans, is $251,978.00. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. At first improvement plan submittal, applicant’s engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

62. WATER DEVELOPMENT IMPACT FEE: The applicant shall pay a fee proportional to the project's share of impact to the City’s water system, and the water needs of the development. The fee shall be used to fund improvements identified in the City’s Water Master Plan. The estimated impact fee, based on the approved plans, is $86,564.00. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. At first improvement plan submittal, applicant’s engineer shall submit a calculation for water generation per the City’s Master Plan design criteria. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

63. TRANSPORTATION IMPROVEMENT FEE: The applicant shall pay a fee proportional to the project's share of transportation improvements needed to serve cumulative development within the City of Gilroy. The funds shall be used to fund improvements identified in the City Traffic Circulation Master Plan. The estimated impact fee, based on the approved plans, is $247,228.00. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

64. PUBLIC FACILITIES IMPACT FEE: The applicant shall pay a fee proportional to the project’s share of the increase to the use of City Public facilities. The estimated impact fee, based on the approved plans, is $429,723.00. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

65. CONSTRUCTION NOTICING: At least two weeks prior to commencement of any on

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Packet Pg. 375 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

or off-site work, the applicant shall post at the site, and to property owners within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility.

The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. Noticing shall be in both English and Spanish. The notice shall be submitted for review to the approval of the City Engineer two weeks prior to the issuance of the building permit. (PUBLIC WORKS)
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or if another deadline is specified in a condition, at that time.

66. DEDICATION OF EASEMENT: The applicant shall dedicate a 16-foot PUE along the frontage of Princevalle St. to the City for public utilities. Other easements (PUE, EVAE, etc.) on new onsite streets shall also be dedicated. The easement shall be conveyed by tract map. The applicant shall prepare the easement conveyance documents for review to the approval of the City Engineer. The easement shall be recorded with the County of Santa Clara prior to the issuance of the building permit. (PUBLIC WORKS)

67. SUBDIVISION (FINAL) MAP: The applicant shall have a subdivision map, prepared by a person authorized to practice land surveying in California, delineating all parcels created or deleted and all changes in lot lines in conformance with the Gilroy Municipal Code.

The Final Subdivision Map shall be approved by the Department of Public Works and recorded by the County Recorder’s Office prior to the issuance of the first building permit.

A map guarantee shall be submitted to the City, by the applicant’s title company, prior to release of the map to the title company for recordation. Prior to the City’s release of the parcel map to the title company, the applicant may, at the discretion of the City Engineer, be required to submit to the City an electronic copy of the map in the AutoCAD Version being used by the City at the time of recordation. It is the applicant's responsibility to check with their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after City approval.

The Subdivision (Final) Map shall be presented to the City Council for review and action.

The City Council meeting will be scheduled approximately fifty (50) days after the Subdivision (Final) Map is deemed technically correct, and Improvement Plans with supporting documents, reports and agreements are approved by the City. Executed Subdivision (Final) Map shall be returned to the City Public Works Department if Subdivision (Final) Map has not been filed in the County Recorder’s Office within ninety (90) days from the date of City Council’s approval. (Note: This item to also be added for condominium projects.) (PUBLIC WORKS)

68. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a public improvement agreement with the City per Gov. Code Section 66462(a) and shall arrange to provide Payment and Performance bonds each for 100% of the cost of public infrastructure improvements to be constructed in the public right-of-way. These

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Packet Pg. 376 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

improvements shall include, but not be limited to, roadway construction, sidewalk, curb and gutter, water lines, storm lines, sewer lines, street lights, and signal equipment. City Standard insurance shall be provided per the terms of the agreement. The agreement will be forwarded to the City Council for approval with project final map. The PIA shall be approved by the City Council prior to the issuance of the project building permit. (PUBLIC WORKS)

69. MONUMENTS: The applicant shall arrange for the engineer to have all monuments set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer. (PUBLIC WORKS)

70. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall prepare project Covenants, Conditions and Restrictions (CC&R) for the project. The CC&Rs shall be submitted with the project map for review and approval of the City Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall include relevant project Conditions of Approval and shall include language that restricts the Homeowner’s Association from making changes to the CC&Rs without first obtaining approval from the City. The CC&Rs shall be reviewed and approved prior to the City Council approval of the project map. (PUBLIC WORKS)

71. RECORD DRAWINGS: The applicant shall submit one full set of original record drawings and construction specifications for all off-site improvements to the Department of Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The applicant shall also provide the City with an electronic copy of the record drawings in the AutoCAD Version being used by the City at the time of completion of the work. The applicant shall also submit an AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)

72. PAVEMENT RESTORATION: Due to construction activities, new project utility cuts , degraded road conditions, and the anticipated project’s truck traffic the applicant shall grind and overlay with 2-inches of asphalt concrete Princevalle St, curb to curb, along the project frontage and W. 6th St, curb to curb, along the project frontage. The City shall reimburse the developer for half of the street along W 6th Street. In addition the City will reimburse the developer for 2 of the curb ramps on the east side of the intersection of Princevalle and W 6th St. The City Engineer shall approve the roadway repair prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)

73. STREET RESURFACING PRIOR TO ACCEPTANCE: Streets in the public right of way shall be striped in paint as a final condition prior to the beginning of the one-year warranty period. Prior to final acceptance, the applicant shall apply a microsufacing to all streets, and apply final street markings, per the approved plans, in thermoplastic to Caltrans Standards. All microsurfacing and final striping shall be to the approval of the City Engineer. (PUBLIC WORKS)

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Packet Pg. 377 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

74. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:

The applicant shall execute a Stormwater Management Facilities Maintenance Agreement with the City Engineer as specified in Chapter 7.39.210-230 of the Stormwater Management and Discharge Control ordinance. The agreement shall outline the operation and maintenance (O&M) plan for the permanent storm water treatment facilities. The City-Standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. The agreement shall include the following:
a. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner.
b. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City.
c. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.

This agreement shall be executed prior to the first occupancy of the building. (PUBLIC WORKS)

75. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater Management Facilities Maintenance Agreement work shall require inspections be performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit, the applicant shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The applicant’s QSD or QSP shall provide the City weekly inspection reports to the approval of the City Engineer. b. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th. Written records shall be kept of all inspections and shall include, at minimum, the following information:

1. Site address;

2. Date and time of inspection;

3. Name of the person conducting the inspection;

4. List of stormwater facilities inspected;

5. Condition of each stormwater facility inspected;

6. Description of any needed maintenance or repairs; and

7. As applicable, the need for site re-inspection.
c. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. d. Before commencing any grading or construction activities, the applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and

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Packet Pg. 378 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board.
e. The applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/ retention basins, drain rock, etc.) shall be done toward final phases of project to prevent silting of facilities and reduce the intended use of the facilities. g. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. All tests shall be made at on 20 ft x 20ft grid pattern over the surface of the completed stormwater facility unless otherwise approved by the City Engineer.

All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing with appropriate safety factors) at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. (PUBLIC WORKS)

76. REGIONAL BOARD STORMWATER REVIEW: This project may be subject to an audit by the Central Coast Regional Board. City may be required to provide the project stormwater design and storm water management plan for Regional Board review and comment. Prior to building permit issuance, the project shall receive approval or acknowledgment by the Regional Board. The project may need to provide the Regional Board any and all necessary documents (including reports, technical data, plans, etc.) for the Regional Board approval. (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a condition, at that time.

77. PUBLIC WORKS CONSTRUCTION ACTIVITIES: 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 construction and phasing schedule, and a 24-hour emergency telephone number list. The schedule shall be in Microsoft Project, or an approved equal, and shall identify the scheduled critical path for the installation of improvements to the approval of the City Engineer. The schedule shall be updated weekly. The approved construction and phasing schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions.

An approved construction information handout(s) shall also be provided to GUSD to share with school parents. (PUBLIC WORKS)

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Packet Pg. 379 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

a. All work shown on the improvement plans shall be inspected to the approval of the City Engineer as applicable. Uninspected work shall be removed as deemed appropriate by the City Engineer.

b. Construction activities related to the issuance of any Public Works permit shall be restricted to the weekday between 7:00 a.m. and 7:00 p.m., Saturday 9:00 a.m. to 7:00 p.m. allowed only for general construction activities that require no inspection and only with approval by the Public Works Director. No work shall be done on Sundays and on City Holidays unless otherwise approved by the City Engineer. Please note that no work shall be allowed to take place within the City right-of-way after 5:00 p.m. Monday through Friday. In addition, no work being done under the issuance of a Public Works encroachment permit may be performed on the weekend unless prior approvals have been granted by Public Works. The City Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes.

Signs outlining the project construction times shall be posted at conspicuous locations on site where it is visible to the public. The signs shall be per the City Standard Drawing for posting construction hours. The sign shall be kept free of graffiti at all times. Contact the Public Works Department to obtain sample City Standard sign outlining hours of operation.

c. The allowed hours of Public Works construction activities may be waived or modified through an exemption, for limited periods, if the City Engineer finds that the following criteria are met:

i. Permitting extended hours of construction will decrease the total time needed to complete the project thus mitigating the total amount of noise associated with the project as a whole; or,

ii. Permitting extended hours of construction are required to accommodate design or engineering requirements, such as a large concrete pour. Such a need would be determined by the project's design engineer and require approval of the City Engineer.

iii. An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the City may waive any of the remaining requirements outlined below.

iv. The contractor or owner of the property will notify residential and commercial occupants of property adjacent to the construction site of the hours of construction activity which may impact the area. This notification must be provided three days prior to the start of the extended construction activity.

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Packet Pg. 380 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

d. The following provision to control traffic congestion, noise, and dust shall be followed during site excavation, grading and construction:

i. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards.

ii. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible.

iii. Water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project.

iv. Watering on public streets and wash down of dirt and debris into storm drain systems will not be allowed. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Construction Inspector, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. Recycled water shall be used for construction watering to manage dust control where possible, as determined by the City Engineer. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. Where recycled water is not available potable water shall be used. All potable construction water from fire hydrants shall be metered and billed at the current portable fire hydrant meter rate.

v. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Construction Inspector.

vi. Construction grading activity shall be discontinued in wind conditions that in the opinion of the Public Works Construction Inspector cause excessive neighborhood dust problems.

vii. Site dirt shall not be tracked into the public right-of-way, and shall be cleaned immediately if done, or the project may risk being shut down.

Mud, silt, concrete, and other construction debris shall not be washed into the City’s storm drains.

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Packet Pg. 381 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

viii. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation.

ix. All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site.

x. Prior to issuance of any permit, the applicant shall submit any applicable pedestrian or traffic detour plans, to the satisfaction of the City Engineer, for any lane or sidewalk closures. The traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans. The Traffic Control Plan shall be prepared by a licensed engineer in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right-of-way.

xi. During construction, the applicant shall make accessible any or all City utilities as directed by the City Engineer.

xii. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The applicant shall require the soils engineer submit to daily testing and sampling reports to the City Engineer.

78. HERITAGE TREE PROTECTION MEASURES: The applicant shall submit a tree protection plan showing how all on and off-site heritage trees will be protected during construction. All approved and installed Heritage Tree protection measures shall be installed prior to any site activities and maintained throughout the period of construction.

The Project Arborist shall complete inspections on an as-need basis during the construction period and shall submit a monthly report of his/her findings in a letter sent by fax or email to the City Planner assigned to this project. (PUBLIC WORKS)

79. PROJECT CLOSE-OUT: Prior to City acceptance of all tract subdivision and property improvement agreements, the applicant shall comply with all City construction close-out procedures to the approval of the City Engineer. City construction close-out procedures can be found in the City’s website under Public Works. Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer. A letter indicating that all project conditions have been met shall be submitted prior to the first occupancy. All public improvements, including the complete installation of all improvements relative to streets, fencing, sanitary sewer, storm drainage, water system, underground utilities, etc., shall be completed and attested to by the City Engineer before approval of occupancy of any unit.

Where facilities of other agencies are involved, such installation shall be verified as having been completed and accepted by those agencies. In addition, the applicant shall submit a detailed project cost estimate of all improvements (public and private) constructed on-site

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Packet Pg. 382 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

and within the public right-of-way. The cost estimate shall be prepared by the project engineer and be to the approval of the City Engineer. The cost estimate shall be broken out into on-site and off-site improvements based on the format provided by the City.

Until such time as all improvements required are fully completed and accepted by City, the applicant shall be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss, or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the applicant. (PUBLIC WORKS)

80. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by FHWA Standards, the applicant shall submit a truck hauling route and receive a haul permit that conforms to City of Gilroy Standards to the approval of the City Engineer.

Note that the City requires a Haul Permit be issued for any hauling activities. The project sponsor shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. A letter from the applicant confirming the intention to use this hauling route shall be submitted to the Department of Public Works, and approved, prior to the issuance of any City permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the applicant. All storage and office trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and walks will not be allowed. The applicant must provide an approved method of cleaning tires and trimming loads on-site. Any job-related dirt and/or debris that impacts the public right-of-way shall be removed immediately. No wash down of dirt into storm drains will be allowed. All material hauling activities shall be done in accordance with applicable City ordinances and conditions of approval. Mud, silt, concrete, and other construction debris shall not be washed into the City’s storm drains. Violation of such may be cause for suspension of work. (PUBLIC WORKS)

81. CONSTRUCTION STAGING AND WORKER PARKING: Prior to construction, the applicant shall provide a construction staging and parking plan that minimizes the effect of construction materials, delivery, and worker parking and/or material staging in the neighborhood and shall include an estimate of the number of workers, equipment, and material staging square footage that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the City Engineer prior to issuance of City permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the City permits. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the City Engineer (§15.40.070). (PUBLIC WORKS)

82. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code,

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Packet Pg. 383 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City Engineer may approve the discharge of uncontaminated pumped ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the City Engineer. (PUBLIC WORKS)

83. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition of Illegal Discharges, the applicant shall follow the specific best management practices for the installation of the Architectural Copper. For detailed information please distribute the flyer to all construction personnel involved in the fabrication and installation of the Architectural Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf The following conditions shall be complied with AT ALL TIMES that the use permitted by this entitlement occupies the premises

84. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm Water Pollution Prevention all projects that meet the criteria described in the Storm Water Guidance Manual for Low Impact Development and Post-Construction Requirements shall prepare a storm water control plan (SWCP) and shall meet the requirements of the design standards and selection of best management practices and shall be selected and designed to the satisfaction of the City Engineer or designee. Requirements shall include:

a. Owner/occupant shall inspect private storm drain facilities at least two (2) times per year and sweep parking lots immediately prior to and once during the storm season.
b. The applicant shall be charged the cost of abatement for issues associated with, but not limited to, inspection of the private storm drain facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair in the event that the treatment facility is no longer able to meet performance standards or has deteriorated. Any abatement activity performed on the applicant’s property by City staff will be charged to the applicant at the City’s adopted hourly rate.
c. Label new and redeveloped storm drain inlets with the phrase “No Dumping:

Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is available at www.flowstobay.org .
d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum-based wastes, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times. e. All public outdoor spaces and trails shall include installation and upkeep of dog waste stations.

Garbage and recycling receptacles and bins shall be designed and maintained with

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Packet Pg. 384 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be connected to the sanitary sewer system. (PUBLIC WORKS)

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Packet Pg. 385 Attachment: Exhibit A - Conditions of Approval for TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A VESTING TENTATIVE MAP TO SUBDIVIDE A 3.70-
ACRE SITE LOCATED AT 700 WEST 6TH STREET (APN: 799-26-033, 037, 049, 050, 051, & 052) INTO 19 SINGLE-FAMILY RESIDENTIAL LOTS (FILE NUMBER TM 22-01)

WHEREAS, on May 11, 2022 an application submitted by Warmington Residential requesting approval of tentative map (TM 22-01), and related AS 22-01 and Z 22-01, were accepted as complete to allow for the subdivision of a 3.70-acre site into 19 residential lots and associated off-site and on-site improvements, located on 700 W 6th Street; and

WHEREAS, on November 2, 2020 the Gilroy City Council adopted the Gilroy 2040 General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines as well as all sections required to be included in an EIR; and

WHEREAS, the project has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the California Environmental Quality Act Guidelines the project is exempt from the provisions of CEQA and does not require preparation of environmental documents as the proposed residential redevelopment will occur on an urban infill site less than 5 acres in size, which can be adequately served by all required utilities and public services, and that is consistent with the Gilroy 2040 General Plan residential land use designation; and

WHEREAS, said tentative map was referred to various public utility companies and City departments, including the Technical Advisory Committee for recommendations; and

WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed project on July 07, 2022, at which public hearing the Commission considered the proposed project and concurrent zone change request Z 22-01, staff report as well as all evidence received including written and oral public testimony related to the project TM 22-01; and

WHEREAS the Planning Commission of the City of Gilroy on a vote of 6-1 determined that the proposed Tentative Parcel Map (TM 22-01) meets the findings for approval and recommended the City Council approve TM 22-01 subject to the Conditions of approval attached hereto as Exhibit A; and

WHEREAS, the City Council held a duly noticed public meeting on August 1, 2022, at which time the City Council received and considered the staff report as well as all evidence received including written and oral public testimony related to the Tentative Parcel Map TM 21- 03, and also introduced the related Zoning Amendment request Z 22-01 for adoption at the next City Council meeting; and

WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the Community Development Department, Planning Division.

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Packet Pg. 386 Attachment: CC Resolution TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-XX
Tentative Map Amendment Z 22-01
City Council Regular Meeting | August 1, 2022

NOW, THEREFORE, BE IT RESOLVED that in order to deny the map, the Council would have to make one of the seven 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 Council cannot make the finding:

1. The proposed subdivision TM 22-01 is not consistent with applicable general and specific plans as specified in 65451.

This finding for denial cannot be made. The proposed subdivision TM 22-01 is generally consistent with the goals and policies of the City’s General Plan, including the low density residential land use designation, which promotes the single family residential development at the 3 to 8 unit per acre net density;

2. That the design or improvement of the proposed subdivision TM 22-01 is not consistent with applicable general plan.

This finding for denial cannot be made. The proposed subdivision TM 22-01 is generally consistent with the goals and policies of the City’s General Plan which, which promotes the single family residential development;

3. That the site is not physically suitable for the type of development.

This finding for denial cannot be made. The site is physically suitable for this type of development because it is generally consistent with the City’s Zoning Ordinance, Subdivision and Land Development Code, as the site can accommodate the intended density and required lot sizes with a net density of 6.1 units per acre, and promotes orderly development;

4. That the site is not physically suitable for the proposed density of development.

This finding for denial cannot be made. The site is physically suitable for this type of development because it is generally consistent with the City’s Zoning Ordinance and the Low Density Residential General Plan land use designation, as it provides for typical residential lots of 6,660 square feet or more, can accommodate required st reet and stormwater improvements and complies with the permitted density range;

5. That the design of the proposed subdivision TM 22-01 or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

This finding for denial 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 site is located within a developed urban context and is not in or adjacent to any sensitive habitat areas;

9.3.l
Packet Pg. 387 Attachment: CC Resolution TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

Resolution No. 2022-XX
Tentative Map Amendment Z 22-01
City Council Regular Meeting | August 1, 2022

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

This finding for denial cannot be made. The design of the proposed subdivision TM 22-01 will not cause serious public health problems because the site is located within an urban context and has access to urban services including sewer and water; and

7. That the design of the proposed subdivision TM 22-01 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 for denial cannot be made. The design of the proposed subdivision TM 22-01 will not conflict with access easements because there are no known existing access easements encumbering this property.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Gilroy hereby finds that the project meets the findings for approval, and approves application TM 22-01, subject to the conditions included as Exhibit A:

PASSED AND ADOPTED this 1st day of August, 2022 by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

APPROVED:

___________________________________
Marie Blankley, Mayor
ATTEST:

________________________________
Thai Nam Pham, City Clerk

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Packet Pg. 388 Attachment: CC Resolution TM 22-01 (3919 : 700 West 6th St.19-lot Subdivision)

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Packet Pg. 389 Attachment: Correspondence - Morley, Christel (3919 : 700 West 6th St.19-lot Subdivision)

July 26, 2022
Re: 700 W. Sixth St 19 Lot Residential Subdivision and Zoning Amendment (TM 22-01) and (Z 22-01)
Project Number: AS 22-01, TM 22-01, Z 22-01
Project Title: 700 W. Sixth St Residential Subdivision
Project Applicant: M. Bakri Musa, Gilroy Professional Group, LLC Project Location: 700 W. Sixth St.

Gilroy City Council,
Thank you for the opportunity to respond to the 700 W. Sixth St. Residential Subdivision Architectural and Site Review, Tentative Map, and General Plan Zoning Amendment coming before you on August 1, 2022. Comments below are based on the review of the staff report.

Additional comments may be forthcoming pending final review.

This project will have a direct impact in the City of Gilroy by achieving our goal to reduce air emissions from on-road motor vehicles, improve air quality by encouraging our residents and commuters to mode shift from vehicles to cycling, and increase walking as alternatives to driving for short and first/last mile trips.

This project should include a robust Transportation Demand Management (TDM) Program that leverages nearby transit to reduce Vehicle Miles Traveled (VMT) and greenhouse gas emissions. With its convenient location to transit, shopping, schools, and off street bike/ped facilities there are few barriers to reducing VMT at this project. With the recent adoption of our City’s General Plan 2040, we as a community called for bold actions that include providing high density housing options, affordable housing for all, and continuing to promote cleaner modes of transportation. We encourage existing and proposed development to incorporate Transportation Demand Management measures such as car-sharing, transit passes, and unbundling of parking (requiring separate purchase or lease of a parking space) where such measures will result in a reduction in vehicle miles traveled, reduction of required amount of parking or an increase in the use of alternate transportation modes.

We are actively embracing, advancing ideas, and projects that promote the concept of free- range people in the City of Gilroy. We advocate for building and planning that considers future generations as well as current residents who don’t own cars. Advancing mobility options reflects what we are teaching the youth in our community through Safe Routes to School and why we are nationally recognized as a Bicycle Friendly Community from the League of American 1 9.3.n
Packet Pg. 390 Attachment: Correspondence - Reedy. Sean (3919 : 700 West 6th St.19-lot Subdivision)

Bicyclists, as well as recognized by the World Health Organization as an Age-Friendly Community.

We have the following recommendations and comments based on the 700 W. Sixth St.

Tentative Map and General Plan 2040 Mobility-
General Plan 2040 Mobility-The Mobility Element provides the framework for decisions in Gilroy concerning the citywide transportation system. It seeks to create a balanced transportation network that supports and encourages walking, bicycling, and transit ridership.

The goals and policies address a variety of topics, including multimodal transportation, complete streets, pedestrian facilities, bikeways, public transit, vehicular transportation, parking, and goods movement.

Mobility M 3.6- Bicycle and Pedestrian Priority Prioritize designs that favor pedestrian and bicycle circulation improvements over those for vehicular circulation on existing or proposed streets that provide opportunities to expand walking and bicycling as viable alternative modes of transportation, particularly on streets identified in Figures M-2 and M-3. Such improvements could include separate bicycle lanes, wider sidewalks, and bicycle/pedestrian-friendly intersection improvements.The proposed tentative map shows that both 6th St and Princevalle St will be re-striped to have a true 5 ft bike lane. Thank you for these improvements. We recommend adding a green bike lane for all approaches to the 6th/Princevalle St intersection, as it will provide a public benefit, increase safety, enhance our access to transit, and Safe Routes to School program at this intersection.

General Plan 2040 Mobility Figure M-3- Project is located on a Planned Pedestrian Network and is a Pedestrian-Oriented Street, A street which provides efficient walking corridors between areas of the city. Such streets should receive a higher level of pedestrian-oriented amenities to be provided by both public and private development.

Thank you for requiring the developer to improve the pedestrian crossings, on all corners of 6th and Princevalle to current standards. Can staff further explain what this statement means (project as proposed and conditioned would complete the connection between the existing Princevalle and 6th street sidewalks.) and where the missing connection is? Mobility 3.7- Traffic Impact Fee for Bicycle/Pedestrian Improvements Support and finance the construction of pedestrian and bicycle improvements specified in the Mobility Diagrams by using the comprehensive traffic impact fee.Will the applicant be paying into the Transportation Improvement Fee? In addition to paying traffic impact fees, the applicant shall pay a Transportation Improvement Fee, in proportion to the project's share of transportation improvements needed to serve cumulative development within the City of Gilroy.

The funds shall be used to fund improvements identified in the City Traffic Circulation Master Plan, which includes bikeways.
2 9.3.n
Packet Pg. 391 Attachment: Correspondence - Reedy. Sean (3919 : 700 West 6th St.19-lot Subdivision)

Goal of Mobility M4- Plan for efficient and convenient local and regional transit systems that respond to the changing needs of Gilroy. Mobility 4.2- Transit and Development Require new development to fully accommodate, enhance, and facilitate public transit, including pedestrian and bicycle access to transit.What has this development done towards meeting this general plan consistency?
Mobility 4.6- Santa Clara Valley Transportation Authority (VTA) Coordinate with VTA on the planning of new transit routes within Gilroy and maintain a strong relationship with VTA management to ensure continued cooperation.Was this development project routed for plan review with our partner VTA? Mobility 4.8- Consider Transit in Planning and Development Proposals Coordinate with VTA on advance planning projects and development proposals that may have implications for public transit and consider the VTA’s Transit Sustainability Policy/Service Design Guidelines.Transit Service- The nearest VTA bus stops serving Route 85 are located out front of the project at the intersection of Sixth St/Princevalle St. Route 568 Rapid stops are located at the Gilroy Transit Rail Station .55 miles east of the project and Route 121 Express Gilroy-Lockheed Martin at the Gilroy Transit Rail Station. Additionally, the Gilroy Transit Rail Station serves connections to Caltrain. Caltrain provides service from Gilroy to San Francisco (2-Hour Train Ride) Monday to Friday. Three trains leave the Downtown Gilroy Station at 5:56am · 6:21am · 6:54am. You can take your bike with you or park it at a locker at the Gilroy Transit Rail Station. Caltrain currently serves riders from Gilroy to San Francisco and a future extension south to Salinas.1 This is a great opportunity to promote the use of public transit to the residents and visitors through outreach programs established in a Transportation Demand Management (TDM) program. Leverage the Measure B E&E funding the city has and the marketing outreach resources from Valley Transportation Authority (VTA).2 Transportation Demand Management Mobility 1.12-Encourage existing and proposed development to incorporate TDM measures such as car-sharing, transit passes, and unbundling of parking (requiring separate purchase or lease of a parking space) where such measures will result in a reduction in vehicle miles traveled, reduction of required amount of parking or an increase in the use of alternate transportation modes. With the VTA 85 bus stop in front of this project, Gilroy Transit Rail Station .55 miles away, bike parking encouraged on site, Measure B Education & Encouragement, nearby bikeways, parks, schools, shopping, grocery stores, restaurants, this project would be great for some form of a TDM program.

Recommended TDM programs to include:
● Annual VTA Passes or VTA’s Eco Pass (The Eco Pass program allows employers, developers, educational institutions, management companies or homeowners associations the ability to purchase VTA transit passes at a bulk discount rate to provide to employees or residents to encourage transit usage. Eco Passes are good for 2 https://www.vta.org/faq/how-do-i-start-riding-vta
1 https://www.tamcmonterey.org/monterey-county-rail-extension 3 9.3.n
Packet Pg. 392 Attachment: Correspondence - Reedy. Sean (3919 : 700 West 6th St.19-lot Subdivision)

unlimited use of VTA Bus and Light Rail services, seven days a week. The program also includes an “Emergency Ride Home” provision that allows Eco Pass holders to take a taxi home if they need to leave work in the middle of the day.) ● Expand Outthink’s Project Chrysalis E-Bike Program with the purchase of e-bikes for every home or a pool of e-bikes for rideshare in a central hub for the project.3 ● Provide updated bike maps to all residents from management in correspondence. ● Provide routes to major transit connections, parks, schools, shopping, and restaurants. ● Annual presentation to the 700 W. Sixth St. HOA of current bike/walk/transit options and incentive programs offered by the City of Gilroy currently funded by the Measure B Education & Encouragement program.
● Encourage Bay Area Air Quality Management District’s and the Metropolitan Transportation Commission’s (MTC) new post-pandemic compliance option for the regional Commuter Benefits Program: Telework “Flex Your Work” program. Carpooling, public transportation, vanpools, bicycling, walking and teleworking are flexible choices Bay Area employees have when planning daily commutes. Both the new Commuter Benefits Program Option 5: Telework and the “Flex Your Commute” program will encourage sustainable commuting options as the Bay Area continues its recovery from the pandemic and returns to the workplace.

Sincerely,
Sean Reedy
Community Organizer
Gilroy Bicycle Pedestrian Advisory Committee (Gilroy BPAC) [email protected]
https://www.facebook.com/GilroyBPAC
We are a community group actively embracing, advancing ideas, and projects that promote the concept of free-range people in Gilroy. We are seeking your input whether you are a BMX rider, trail runner, recreational bike rider, MTB rider, walker, and hiker! #GilroyBPAC 3 https://svcleanenergy.org/wp-content/uploads/CityChrysalis_FinalReport_29Mar2022_digital.pdf 4 9.3.n
Packet Pg. 393 Attachment: Correspondence - Reedy. Sean (3919 : 700 West 6th St.19-lot Subdivision)

CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email.

From:Milo Trauss
To:City Clerk; All Council Members
Subject:EXTERNAL - Public Hearing for 700 W. Sixth St Residential Subdivision Date:Tuesday, July 26, 2022 1:57:10 PM
Dear Gilroy City Council,
I am writing to encourage you to zone this lot as high density residential, just as the zoning across the street is high density residential.

This proposal has a density of only 6.1 dwelling units per acre, and although this falls midrange within the
general plan density requirement of 3 to 8 units per net acre, these densities are far too low to meet the housing and environmental needs of our time.

It is simply too onerous on the natural environment to continue to build such low density housing. Higher density residential construction consumes less energy to heat and cool homes, less water on landscapes and sitting in pipes, and preserves more open space for other uses.

Also it discourages car dependency. Within a half-mile of this neighborhood is a mix of apartments, single family homes, and neighborhoods serving commercial. In the current General Plan 2040 this property was re-zoned to single family but Gilroy doesn’t need any more of this type of zoning which already takes up ~75% of our land use. The close proximity to transit, access to off-street paved bike/ped trails, schools, civic center, grocery, shopping, and restaurants makes it an ideal location for medium to high density housing.

Finally, According to Santa Clara County Civil Grand Jury Report “Affordable Housing:

Density is Our Destiny” included a recommendation stating that “Gilroy (should) increase inclusionary housing requirements for the below market housing to at least 15% (of new dwelling units) by the end of 2019. If that ordinance were in effect today this project could have added 3 Below Market Rate (BMR) units to the city’s portfolio.

California has a statewide housing shortage of nearly 3.5 million homes. Low and middle- income households face a historic rent burden in California, and the problem worsens by the day as middle-income households move into naturally affordable housing previously occupied
by low-income renters forcing these households to move further away from their jobs, and in some cases, onto the streets. Undersupply of “Missing Middle” housing, or medium density housing near jobs and transit, is one of the key factors contributing to the displacement and rent
burden of Californians across the state. This sort of housing is banned in over 70 percent of the state, and Gilroy as well.

Thank you,
Milo Trauss
Milo Trauss (he/him)

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Packet Pg. 394 Attachment: Correspondence - Trauss, Milo (3919 : 700 West 6th St.19-lot Subdivision)

9.3.o
Packet Pg. 395 Attachment: Correspondence - Trauss, Milo (3919 : 700 West 6th St.19-lot Subdivision)

City of Gilroy

STAFF REPORT
Agenda Item Title: Selection of Designated Voting Delegate and Alternate Voting Delegates for the League of California Cities 2022 Annual Conference
Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: Thai Pham, City Clerk
Prepared By: Thai Pham, City Clerk
Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Staff recommends the City Council authorize a Council Member as the Designated Voting Delegate to attend the 2022 California Cities Annual Conference on behalf of the City, and up to two alternate voting delegates

BACKGROUND

The League of California Cities Annual Conference is scheduled for September 7-9, 2022 in Long Beach. As a member agency of the League of California Cities, Gilroy

11.1 Packet Pg. 396

has the opportunity to participate in the consideration of resolutions that establish League policy at the annual business meeting being held on Friday, September 9th.

In order to vote on League resolutions, the City Council must designate a voting delegate and may appoint up to two alternate voting delegates. At the August 16, 2021 Council Regular Meeting, Council Member Tovar was selected as the Gilroy voting delegate. Subsequently, at the September 13, 2021 City Council Regular Meeting, Mayor Blankley was appointed as the alternate voting delegate. Both Mayor Blankley and Council Member Tovar are planning to attend the annual conference.

Copies of the Annual Conference Voting Procedures and the 2022 Voting Delegate / Alternate Form are attached to this report. A formal City Council resolution is not required in order for the City Council to make a designation(s).

NEXT STEPS

Once the designated voting delegate along with the alternate voting delegate(s) are approved, staff will update the information provided to the League.

Attachments:

1. 2022 Annual Conference Voting Delegate / Alternate Form Delegate

2. Annual Conference Voting Procedures

11.1 Packet Pg. 397

11.1.a
Packet Pg. 398 Attachment: 2022 Annual Conference Voting Delegate / Alternate Form Delegate (3832 : League Delegate)

11.1.b
Packet Pg. 399 Attachment: Annual Conference Voting Procedures (3832 : League Delegate)

11.1.b
Packet Pg. 400 Attachment: Annual Conference Voting Procedures (3832 : League Delegate)

11.1.b
Packet Pg. 401 Attachment: Annual Conference Voting Procedures (3832 : League Delegate)

11.1.b
Packet Pg. 402 Attachment: Annual Conference Voting Procedures (3832 : League Delegate)

11.1.b
Packet Pg. 403 Attachment: Annual Conference Voting Procedures (3832 : League Delegate)

11.1.b
Packet Pg. 404 Attachment: Annual Conference Voting Procedures (3832 : League Delegate)

City of Gilroy

STAFF REPORT
Agenda Item Title: Clarification and Potential Amendment to Attendance Policy for City Boards, Commissions and Committees
Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: Thai Pham, City Clerk
Prepared By: Thai Pham, City Clerk
Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Council Discuss Issues Related to Current Attendance Policy for City Boards, Commissions, and Committees and Consider Adoption of a Resolution to Amend Policy

BACKGROUND
At the September 10, 2018 City Council Regular Meeting, City Council adopted Resolution No. 2018-41, an attendance policy to institute standards for all Boards, Commissions and Committees, stemming from concerns about excessive absences and meeting cancellations of several of these groups. The Council adopted the creation of a uniform attendance policy with modifications to Section IV related to removal from office.

11.2 Packet Pg. 405

Since the creation of the policy, there have been several occasions in which staff needed clarification from the City Clerk and the City Attorney’s Office.

Current Elements of the Policy

Current policy defines the following:

Excused Absences: An absence that is reported to the staff liaison of the Body no less than 72 hours before the regular meeting. Any other absence shall not be deemed an excused absence.

Emergency Absences: An absence caused by a sudden emergency, including but not limited to, the illness, hospitalization or accident of the member, the member’s parent, spouse or domestic partner, or dependent.

Allowed Absences: Each member of a Body shall be allowed two excused absences, and one emergency absence from regular meetings per calendar year.

Unexcused Absences: Any absence from a regular meeting in excess of the two excused absences and one emergency absence in a calendar year shall be deemed unexcused. A member with an unexcused absence shall be removed from their seat.

It also provided the description of removal of a member, in which it currently states, “If a member exceeds the attendance standards and absents themselves from more than three regular meetings as described above, or absents themself from three consecutive regular meetings without permission of such body, his or her office shall become vacant and shall be so declared by the City Council.”

The current language has brought forth confusion in scenarios where

• A member has absences that was not notified to the staff liaison. • A member has three excused absences, but no emergency absence.

In addition, certain bodies do not meet monthly thus causing an issue where if the body is to meet quarterly, missing three consecutive meetings in a calendar year could constitute missing 75% of the meetings.

Furthermore, the City has struggled to recruit and retain commissioners and board/committee members. An adjustment to the current policy would provide clarity and also flexibility in the removal of a board/committee member.

Recommendation to Clarify Attendance Policy

The proposed language is as follows:

SECTION I. DEFINITIONS

11.2 Packet Pg. 406

Absence – The failure of a Member to attend a scheduled meeting.

SECTION II. ABSENCES

Each Member of a Body is expected to attend every regular and special meeting of the Body.

Any Member who is absent in a calendar year for more than 33% of the total Regular Meetings scheduled to be held in that calendar year will be subject to potential termination of membership from the Body, upon action of the City Council. Where applying a 33% calculation creates other than a whole number, normal number rounding to the nearest whole number will be used.

SECTION III. REPORTING ABSENCES

Absences are to be reported through the Staff Liaison to the Body. Such reporting shall be made by email, in person, or by phone, and shall be made no less than 72 hour s before a meeting if possible.

SECTION IV. REMOVAL

If a Member exceeds the number of allowed absences described in this policy, the City Administrator shall report this fact to the City Council, which may decide in its discretion that such absences warrant a declaration that the Member’s office shall become vacant.

The new policy language addresses the following:

• Resets absences every calendar year (January 1st through December 31st)

• Creates a percentage of missed absences for regular meeting s instead of a set number to make exceptions for committees that do not meet monthly.

Committees that meet monthly, such as the Planning Commission, would permit four (4) total absences before removal if all 12 scheduled meeting were held.

Removal could occur after the fifth absence (42%).

• For Open Government Commission, the proposed language will allow for the commissioner to miss a total of two (2), or 50% absence if all four scheduled meetings were held before subject to removal by Council.

• Removes the terms of excused, unexcused, and emergency absences and standardizes any types of absences from a regular meeting will be counted.

• Designates the Council to take action in an open meeting in order to remove a member of a board/commission/committee.

CONCLUSION

11.2 Packet Pg. 407

The included attendance policy provides further clarity and allows for absences based on percentage per calendar year and creates specific steps in reporting absences. This policy will be implemented uniformly for all Boards, Commissions and Committees of the City and will assist in maintaining a quorum at our meetings.

NEXT STEPS
Following the adoption of this amended policy, each of the Boards, Commissions, and Committees with bylaws or standing rules that conflict with this policy will need to amend their bylaws or rules to reflect these attendance standards.

Attachments:

1. Draft Resolution with Exhibit A

2. City Council Resolution 2018-41

11.2 Packet Pg. 408

RESOLUTION 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GILROY AMENDING A POLICY GOVERNING

BOARD, COMMISSION AND COMMITTEE

ATTENDANCE, AS PREVIOUSLY ADOPTED BY
RESOLUTION NO. 2018-41

WHEREAS, the City’s Boards, Commissions and Committees are established in order to provide advice and recommendations to the City Council and City Administrator and play an important role of providing broad representation of ideas into the processes of the City; and

WHEREAS, the City Council of the City of Gilroy wishes to establish attendance standards for these Boards, Commissions and Committees and to create a systematic procedure for reporting absences which applies to all members who are appointed by the City Council or City Administrator; and

WHEREAS, the City Council of the City of Gilroy adopted Resolution 2018-41 that approved a policy governing Board, Commission, and Committee attendance; and

WHEREAS, the City Council wish to amend the attendance policy for these Boards, Commissions, and Committees.

NOW, THEREFORE, BE IT RESOLVED THAT

1. Resolution No. 2018-41 be rescinded in its entirety.

2. The City Council of the City of Gilroy adopts the attached policy governing Board, Commission and Committee attendance, which is incorporated by this reference.

PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 1st day of August, 2022 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor

ATTEST:

_______________________
Thai Nam Pham, City Clerk

11.2.a
Packet Pg. 409 Attachment: Draft Resolution with Exhibit A (3896 : Amending the Attendance Policy for City Boards, Commissions and Committees)

City of Gilroy
Policy Governing Board, Commission and Committee Attendance

BACKGROUND

The City of Gilroy’s Boards, Commissions and Committees are established in order to provide advice and recommendations to the City Council and City Administrator, and in the context of quasi-judicial Boards and Commissions such as the Planning Commission and Building Board of Appeals, to make independent decisions and take administrative actions. The Boards, Commissions and Committees of the City play an important role of providing broad representation of ideas into the processes of the City.

The City Charter provides that, in additional to those Boa rds and Commissions established by the City Charter, the Council may create by ordinance such advisory boards and commissions as in its judgment are required, and may grant them such powers and duties as are consistent with the provisions of the City Charter. In addition, the Charter allows the Council by motion or the City Administrator with Council consent to appoint temporary committees to render counsel and advice.

PURPOSE AND APPLICATION

In addition to the Charter provision described above, this policy establishes attendance standards for these Boards, Commissions and Committees for regular meetings and creates a systematic procedure for reporting absences which applies to all Boards, Commissions and Committees of the City whose members are appointed by the C ity Council or City Administrator.

SECTIONS
I. Definitions
II. Absences
III. Reporting Absences
IV. Removal

SECTION I. DEFINITIONS

For the purposes of this Policy, the following definitions apply:

Body – City Boards, Commissions and Committees (including City-created task forces).

Member – An individual who has been appointed by the City Council or City Administrator to a Body.

Absence – The failure of a Member to attend a scheduled meeting.

Regular Meeting – A routinely scheduled meeting of the body.

11.2.a
Packet Pg. 410 Attachment: Draft Resolution with Exhibit A (3896 : Amending the Attendance Policy for City Boards, Commissions and Committees)

Staff Liaison – The City staff member responsible for the coordination of meetings of the Body and facilitation of communications with the Members thereof.

SECTION II. ABSENCES

Each Member of a Body is expected to attend every Regular and special Meeting of the Body.

Any Member who is absent in a calendar year for more than 33% of the total Regular Meetings scheduled to be held in that calendar year will be subject to potential termination of membership from the Body, upon action of the City Council. Where applying a 33% calculation creates other than a whole number, normal number rounding to the nearest whole number will be used.

SECTION III. REPORTING ABSENCES

Absences are to be reported through the Staff Liaison to the Body. Such reporting shall be made by email, in person, or by phone, and shall be made no less than 72 hours before a meeting if possible.

SECTION IV. REMOVAL

If a Member exceeds the number of allowed absences described in this policy, the City Administrator shall report this fact to the City Council, which may decide in its discretion that such absences warrant a declaration that the Member’s office shall become vacant.

11.2.a
Packet Pg. 411 Attachment: Draft Resolution with Exhibit A (3896 : Amending the Attendance Policy for City Boards, Commissions and Committees)

I
RESOLUTION 2018 -41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GILROY ADOPTING A POLICY GOVERNING

BOARD, COMMISSION AND COMMITTEE

ATTENDANCE
WHEREAS, the City's Boards, Commissions and Committees are established in order to provide advice and recommendations to the City Council and City Administrator and play an important role of providing broad representation of ideas into the processes of the City; and
WHEREAS, the City Council of the City of Gilroy wishes to establish attendance standards for these Boards, Commissions and Committees and to create a systematic procedure for reporting absences which applies to all members who are appointed by the City Council or City Administrator.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy does hereby approve the attached policy governing Board, Commission and Committee attendance.

PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the
17th day of September, 2018 by the following roll call vote:

AYES: COUNCILMEMBERS: BLANKLEY, BRACCO,
HARNEY, LEROE- MUNOZ, TOVAR, TUCKER and

VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPR
Roland Velasco, Mayor
ATTE T•
S awna Freels, Ci lerk
RESOLUTION 2018 -41

11.2.b
Packet Pg. 412 Attachment: City Council Resolution 2018-41 (3896 : Amending the Attendance Policy for City Boards, Commissions and Committees)

2 City of Gilroy
Policy Governing Board, Commission and Committee Attendance

BACKGROUND
The City of Gilroy's Boards, Commissions and Committees are established in order to provide advice and recommendations to the City Council and City Administrator, or in the context of quasi - judicial Boards and Commissions such as the Planning Commission and Building Board of Appeals, to make independent decisions and take administrative actions. The Boards, Commissions and Committees of the City play an important role of providing broad representation of ideas into the processes of the City.

The City Charter provides that, in additional to those Boards and Commissions established by the City Charter, the Council may create by ordinance such advisory boards or commissions as in its judgment are required, and may grant them such powers and duties as are consistent with the provisions of the City Charter. The City Charter describes that if a member absents themself from three consecutive regular meetings without permission of such board or commission expressed in its official minutes, their office shall become vacant.

PURPOSE AND APPLICATION
This policy establishes attendance standards for these Boards, Commissions and Committees for regular meetings and creates a systematic procedure for reporting absences which applies to all Boards, Commissions and Committees of the City whose members are appointed by the City Council or City Administrator.

SECTIONS
I. Definitions
II. Absences
III. Reporting Absences
IV. Removal
SECTION 1. DEFINITIONS
For the purposes of this Policy, the following definitions are in effect throughout:

Body — City Boards, Commissions and Committees and City- created task forces.

Member — An individual who has been appointed by the City Council or City Administrator to a Body.

RESOLUTION 2018 -41

11.2.b
Packet Pg. 413 Attachment: City Council Resolution 2018-41 (3896 : Amending the Attendance Policy for City Boards, Commissions and Committees)

3 Excused Absences: An absence that is reported to the staff liaison of the Body no less than 72 hours before the regular meeting. Any other absence shall not be deemed an excused absence.

Emergency Absences: An absence caused by a sudden emergency, including, but not limited to, the illness, hospitalization or accident of the member, the member's parent, spouse or domestic partner, or dependent.

Regular meetings — A routine scheduled meeting of the body.

Staff liaison — The City staff member responsible for the coordination of meetings of the Body and facilitation of communications with the members.

SECTION II. ABSENCES
Allowed Absences
Each member of a Body shall be allowed two excused absences, and one emergency absence from regular meetings per calendar year.

Unexcused Absences
Any absence from a regular meeting in excess of the two excused absences and one emergency absence in a calendar year shall be deemed unexcused. A member with an unexcused absence shall be removed from their seat.

SECTION III. REPORTING ABSENCES
Absences are to be reported through the staff liaison to the body. Such reporting shall be made by email, in person, or by phone, and shall be made no less than 72 hours before a regular meeting for an excused absence. Emergency absences shall be reported to the staff liaison as soon as practicable.

IV. REMOVAL
If a member exceeds the number of allowed absences described in this policy, his or her office shall become vacant and shall be so declared by the Council RESOLUTION 2018 -41

11.2.b
Packet Pg. 414 Attachment: City Council Resolution 2018-41 (3896 : Amending the Attendance Policy for City Boards, Commissions and Committees)

I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2018 -41 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of September, 2018, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this
19th
ay of ep ember, 2018.

Sha 'a ]Preels, MMC
City Clerk of the City of Gilroy
Seal)

11.2.b
Packet Pg. 415 Attachment: City Council Resolution 2018-41 (3896 : Amending the Attendance Policy for City Boards, Commissions and Committees)

City of Gilroy

STAFF REPORT
Agenda Item Title: Consideration of a Council Correspondence Policy for Council Agendas
Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Jimmy Forbis, City Administrator
Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

Council to approve a Council Correspondence Policy and authorize the City Administrator to implement the policy in future City Council meeting agendas.

BACKGROUND
The City receives communications from other governmental and quasi-governmental organizations. There are times when these communications are purely informational and inclusion in the City Council agenda packet enables the City Administrator to formally communicate the correspondence and have it entered into the City’s records.

Commencing on the June 20, 2022 regular City Council meeting, a section heading of the agenda was added by the City Administrator entitled Council Communications. The intention of this section was to forward communications received by the City that should

11.3 Packet Pg. 416

be shared with the City Council from another governmental or non-governmental agency that has information pertinent to the City’s operations. For example, the City was requested by the City of San Jose to take a position on the recent Santa Clara Valley Water District (SCVWD) ballot measure. Instead of this being placed on the “New Business” section of the agenda, it would have been more appropriate for the Council to formally receive the correspondence, have it recorded in City Council meeting minutes, and available for Council members to decide if they would like further action on the item.

ANALYSIS
As with any policy involving the placement of items on the Council agenda, it is important to designate a “gatekeeper” responsible for the determination of what items are appropriate to place under the Council Correspondence agenda item.

Proposed Policy - Key Points of Consideration
• The proposed policy, which is attached, details that the selection of which external communications are to be included in the agenda packets under Council Communications is to be determined by the City Administrator. In general communications would be limited to:
o U. S. Federal government, its offices, and associated partners. o The State of California, its offices, and associated partners. o Other local governments. (Morgan Hill, San Jose)
o School districts. (GUSD, Santa Clara County)
o Special districts. (SCVWD, LAFCO)
o Communications from government-related and in some instances non- profits/advocacy groups may be included where the nature of the communication has a nexus with City business or matter of concern. (League of California Cities, Cities Association of Santa Clara County, Sister Cities).
o Communications from other entities or individuals may be included at the discretion of the City Administrator.

The draft policy further identifies that the City is not to accept requests to have correspondence added to the Agenda. The communications are to be from other governmental agencies, though communications from non-profit and advocacy groups are allowable so long as it contains a nexus to the business of the City or a matter of concern to the City.

Typical communication subjects under the policy for inclusion on the agenda include those relating to legal or operational impacts to the City, policy matters and positions that could affect the City, and communications regarding the region and regional agencies that may affect the City.

Some of these conditions are not strictly limited in the policy to give the City Administrator the flexibility in case an unforeseen communication from an entity or about a subject matter that is not specifically enumerated in the policy arises that should be included.

When the City Administrator has determined that an item does not meet the aforementioned criteria, such correspondence would be routed to the City Council through the City Clerk’s Office, which is the current practice for the majority of correspondence received by the City.

11.3 Packet Pg. 417

ALTERNATIVES
Council could decide not to authorize the City Administrator to implement a Council Correspondence Policy and thus the section will be removed from Council agendas and the City Administrator will submit documents through the regular agenda process.

FISCAL IMPACT/FUNDING SOURCE
None. Consideration of the policy, nor its implementation, are expected to incur any financial costs to the City.

CONCLUSION
Adoption of a policy regarding the communications to Council included on the agenda for Council meetings will aid the City Administrator in submitting correspondence to the Council, thus eliminating the need for a formal agenda item.

Attachments:

1. Draft Council Correspondence Policy

11.3 Packet Pg. 418

City of Gilroy
DRAFT
City Council Agenda
Council Correspondence Policy

Adopted: August 1, 2022

11.3.a
Packet Pg. 419 Attachment: Draft Council Correspondence Policy (3918 : Council Correspondence Policy)

Purpose/Background
The City receives communications from other governmental and quasi-governmental organizations. There are times when some of these communications are of a nature where presenting the communication to Council as a purely informational item as part of the agenda packet is appropriate given the nature of the document and what it communicates.

Policy
At times, staff receives communications relating to matters that are directly or indirectly related to City business that may affect future Council policy decisions, or be information about something that may impact the City, but no Council action is being requested by City staff. In consideration of this need, the Council Correspondence section in the City Council regular agendas have been added. Consistent with the intent of the section, the following guidelines pertaining to the inclusion of correspondence on the agendas are established:

1. Determination regarding what correspondence shall be included is at the discretion of the City Administrator

2. Communications eligible for inclusion may be from any of the following:
a. U. S. Federal government, its offices, and associated partners. b. The State of California, its offices, and associated partners. c. Other local governments.
d. Special districts.
e. Communications from non-profit and/or advocacy groups may be included where the nature of the communication has a nexus with City business or matter of concern. Examples include, but are not limited to, the League of California Cities, Cities Association of Santa Clara County, Sister Cities, regional economic development agencies, regional public safety associations, and others.
f. Communications from other entities or individuals may be included at the discretion of the City Administrator on an occasional basis when the subject matter of the communication is appropriate for policy guideline #4 below.

3. The City will not accept requests to have correspondence added to the City Agenda. Only communication at the discretion of the City Administrator shall be included.

4. Correspondence for inclusion would consist of, but not be limited to, the following:
a. Communications regarding legal or operational impacts to the City.

11.3.a
Packet Pg. 420 Attachment: Draft Council Correspondence Policy (3918 : Council Correspondence Policy)

b. Communications regarding policy matters and positions that could affect the City, directly or indirectly.
c. Communications regarding the region, and regional partnering agencies, that may affect the City, directly or indirectly.

11.3.a
Packet Pg. 421 Attachment: Draft Council Correspondence Policy (3918 : Council Correspondence Policy)

City of Gilroy

STAFF REPORT
Agenda Item Title: Council Discussion and Direction Regarding Potential 2022 Reach Codes
Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Jon Biggs, Interim Community Development Director Prepared By: Hipolito Olmos, Building Official
Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

1) Consider staff’s recommendations concerning electric vehicle charging, bicycle parking, and gas/electrical appliance requirements and their application to new construction.

2) Council deliberate and edit/modify or leave intact staff recommendations.

3) Direct staff to return to a future City Council meeting for formal adoption of final reach code language and incorporate such language into the adoption of the 2022 California Green Building Code Update.

EXECUTIVE SUMMARY

11.4 Packet Pg. 422

Reach codes are amendments to the 2022 California Energy Code Part 6 and the 2022 California Green Building Code Part 11 of the California Code of Regulations Title 24.

Reach codes aim to reduce greenhouse gas emissions (GHGs) by reducing reliance on natural gas and gasoline through refocusing energy consumption towards electrification.

POLICY DISCUSSION

Should the City Council adopt reach codes prior to its adoption of the 2022 Energy Code, which have been approved by the California Energy Commission and advance the electrification of buildings by encouraging the use of electric appliances and establishing requirements for electric-ready new homes? If so, what should be included in these codes and to which types of buildings (single-family, multi-family, commercial, institutional, etc.) should they be applied?

BACKGROUND

The Silicon Valley Clean Energy Authority (SVCE) is an independent public agency that promotes, develops, operates, and manages energy and energy -related climate change programs. SVCE is governed by a Board of Directors made up of representatives from its 13 member agencies, of which Gilroy is one.

In 2019, Silicon Valley Clean Energy offered technical support to all its member jurisdictions that were evaluating options for amending the state’s 2020 building code.

Known as Reach Codes, the options allowed communities to decide if and how they would “reach” further than the new state building code mandates to encourage either all-electric or all-electric readiness for new buildings.

After a presentation from Silicon Valley Clean Energy, and a presentation and report from staff at the September 13, 2021 meeting, the City Council requested information to be brought back for consideration of reach codes. This information request included the following:

1. If the City converts to full electric, with current rates, will they be penalized for using more electricity than already in use?
If the decision is made to approve full electric reach codes for new buildings, residents and businesses will see higher charges for their electricity as there will be an increase in the amount of electricity that is consumed in these newer buildings. However, this usage is anticipated to be lessened through reductions due to energy efficiencies from the Energy Code base requirements, as well as the increasing prevalence and the required installation of solar photovoltaic (PV) electricity generating systems. The amount of the difference is not known with specificity and will vary based on each home’s specific design and construction.

It is important to note that at this time, staff is not recommending the pursuit of electricity-only reach codes. More on this is discussed later in this staff report.

2. What happens during power outages?
Buildings that are built with electricity-only energy sources would essentially experience the same conditions that they would incur with mixed-fuel energy sources. Newer gas appliances also require electricity to fully operate. With a power outage, appliances will cease functioning, even the newer gas appliances.

11.4 Packet Pg. 423

3. Would requiring Electric Vehicle (EV) charging stations impact cost effectiveness for affordable housing?
Not in a significant manner. The equipment and materials are a small cost compared to the total construction cost. The total amount of capital costs for installing a charging station for electric vehicles is between $492 and $1,190, with an average cost of $833 for a Level 1 station and $1,300 for a Level 2 station according to Cars.com as of March 1, 2022.

4. Cost comparison of reach code against current requirements for an averaged size home
Attachment 1 to this agenda report, Electrifying New Single-Family Homes in the Bay Area – The Cost Story, is an infographic developed from data in 2019 that demonstrates the relative costs and savings from a newly constructed single family all-electric home.

5. What are the costs and opportunities/positives and negatives around these reach codes?
o Other Costs and Challenges
▪ Electricity Reliability
There are stated concerns regarding the reliability of the electric grid and Pacific Gas and Electric’s (PG&E) ability to provide power as the electric grid incurs more demand from the transition to electric-fueled buildings. Electricity suppliers, such as PG&E, have a service obligation requirement to meet customer needs. PG&E has stated they fully expects to meet this need. Note, however, this is an expectation and not a guarantee. The California Independent System Operator (CA-ISO) conducted a study that recommended over $30 billion in electric transmission infrastructure investments to address the increased renewables and decommissioned gas power plants. City staff cannot provide a reliability assessment or projection on the statewide power grid’s performance.
▪ Electricity Rates
Another stated concern is the increase in electricity rates. A potential increase in energy consumption for increased electricity use, coupled with an increase in electricity rates, can result in cost increases for residents and businesses. The California Public Utilities Commission issued a report in May of 2021 entitled “Utility Costs and Affordability of the Grid of the Future: An Evaluation of Electric Costs, Rates, and Equity Issues Pursuant to P.U. Code Section 913.1”. The report’s key findings found that PG&E rates increased by 37% since 2013 and are projected to increase by an average 3.7% annually between 2020 and 2030. As a measure of this, consumer prices in the San Francisco Bay area, as measured by the Consumer Price Index for All Urban Consumers, have increased 6.8 percent over a 12-month period that lasted until the end of June of this year.

However, with the reduction in energy consumption from efficiency improvements due to changes in the California Energy Code, the

11.4 Packet Pg. 424

amount of the potential cost impacts from the increases may be reduced. There is no estimate available at this time for the reduction levels, or the overall increase, related to electricity rates and full electrification.
o Benefits
▪ Buildings will already be prepared for the EV future
The number of EVs on the road continue to increase throughout the State, which will continue as state regulations will require that all new vehicles sold starting in 2030 be EVs. As these vehicles become the standard, the need for EV charging stations at homes and businesses will increase dramatically. There are costs associated with retrofitting existing buildings to have EV charging parking spaces/garages. By adding the requirement for new construction now, the City would be saving building owners from having to pay higher amounts to retrofit their buildings by requiring the installation of EV charging infrastructure as new buildings are constructed. The amount of savings as a benefit is not known, as the savings will vary based on the size of the installation and the cost increases in materials and labor in future years due to inflation.

For additional background information, attached to this staff report is the reach code staff report from the September 13, 2021 City Council meeting for reference purposes.

ANALYSIS

Reach Codes

The 2022 Energy Code sets the stage for newly constructed homes and buildings in California to forgo natural gas appliances in favor of ones that run with electricity. While the 2022 Energy Code does not ban gas-powered appliances, it nudges the state building code toward electricity. Rather than nudge, full Reach Codes requires all electric buildings and would not permit the use of gas-powered appliances. Staff expects that Energy Codes adopted by the California Energy Commission in the future will require all electric buildings as the State of California strives to meet the goal of supplying 100% of its electricity with renewable, carbon-free sources by 2045.

Reach codes are optional agency-specific amendments to the energy codes adopted by the California Energy Commission and subsequently adopted by local agencies such as Gilroy. The reach codes are intended to eliminate mixed fuel building, those having a combination of gas and electric powered appliances, construction on either all or some building types within the community. Reach codes are environmental protection and sustainability enhancement efforts and there is a growing trend amongst cities to adopt these types of codes before they are rolled out in future building code cycles.

There are three different ways that reach codes can be incorporated into an agency’s permit and construction requirements. These include:

A. Amendment to the California Energy Code during the triannual process.

This is the typical manner in which new energy codes, like reach codes, are adopted and made ready for approval by municipalities. This is

11.4 Packet Pg. 425

handled via adoption of the State Building and Energy Codes through an ordinance considered by the City Council, along with appropriate local amendments. Adoption of reach codes, because they include standards beyond those required by the State’s Building and Energy Codes, requires a cost-effectiveness analysis and approval by the California Energy Commission on reach codes adopted by an agency before they can take effect.

B. Adopt reach codes as an ordinance.

Some communities choose to place reach codes as an ongoing ordinance, not tied to the triannual Building Codes update process. An example of this is Morgan Hill’s ordinance that bans the use of natural gas. Going this route is effective when the requirement is not likely to be surpassed in the future and is a more progressive modification to the energy code regulations.

C. Adopt reach codes through the Cal Green Code adoption.

This process is similar to the triannual amendment of the statewide building code update but applies to the California Green Building Code.

The other key difference is that reach codes adopted in this manner are not required to be sent to the CEC for their analysis before adoption.

Reach Code Options

There are various types and levels of reach codes available to Council for consideration. However, changes to the 2022 California Building Codes update are in the works that incorporate some of the same requirements as the reach code and encourage rather than require all electric buildings. As noted earlier, staff predicts that a future amendment to the Energy Code by the California Energy Commission will require all electric buildings given the State’s efforts to meet the goal of supplying 100% of its electricity with renewable, carbon-free sources by 2045.

Staff is recommending that the City Council not adopt reach codes at this time and rather, wait until these requirements are wrapped into a future energy code. The Energy Codes that will be up for consideration later this year will encourage all electric buildings rather than require them, and staff believes this is an appropriate approach for Gilroy because its Building Codes will be aligned with the Building Codes of a majority of other agencies in the State and this will allow the residents of Gilroy options when selecting appliances that suit their personal needs and preferences.

Attached to this staff report is a listing of the California Energy Code and CAL Green Code changes for this code cycle. Also included in this staff report are those elements where the reach code has been recommended by another entity to the City and those that City staff is recommending.

The reach codes being discussed revolve around energy usage, specifically what energy sources will be available in new buildings and to what level electric vehicle charging station infrastructure will be required. Please note that none of the recommended reach codes would affect existing buildings. However, several of the reach codes when applied to new construction could potentially be a cost savings on future retrofits. Also, the California Green Building Code and the California Energy Code

11.4 Packet Pg. 426

continue to advance sustainability requirements and greenhouse gas emission reductions in its code updates on a three-year cycle.

1. Energy types allowed for future development
The central question for this component is if there is any desire on the City Council’s part to impose a limitation regarding the use and/or access to natural gas in new buildings, and if so what the extent of that limitation should be. Once these key questions are addressed, it will provide guidance on which of the following options would best be appropriate for the City of Gilroy.

There are several principal options the City Council can evaluate when determining the best path for the City of Gilroy.

Mixed Fuel – Option 1
The first option is to adopt none of the reach codes associated with the 2022 California Energy Code, but rather adopt only what is already contained in the 2022 California Energy Code, which will be considered by the City Council later this year as part of the overall Building Code cycle .

This would allow new construction to use a mixed-fuel design, allowing both electricity and natural gas, with appliances using either of these energy sources. A code amendment using this approach could define what types of appliances would be limited to electric energy and those where the option to use an electric or gas appliance exists.

Electric Only Construction – Option 2
This option would require that all or only certain types of new construction buildings be all electric, meaning that for these buildings, electricity would be the only fuel source, and only electrical appliances and equipment (water heaters, space heaters, appliances, etc.) could be installed.

Natural Gas Ban – Option 3
This third option is an actual ban on natural gas, where no new gas line infrastructure is allowed to be constructed or installed. This is more heavily regulated approach, in that no exceptions or waivers would be available, nor varying allowances for gas lines based on the type of business/energy use demands. If this option is selected, the ban would need to be adopte d by an ordinance of the City Council.

SVCE has recommended Option 2 - All electric appliances for new construction.

Staff Recommendation:

Staff is recommending Option No. 1, which, although these energy code requirements are advancing to address climate change, greenhouse gas emission reductions and energy consumption goals at the State level, does allow for the use of mixed -fuel buildings. Staff suggests that the City Council not pursue Options 2 or 3. Based on the current development climate, local community trends, and that much of the research and engineering efforts to create more efficient electric appliances are still in the early development stages – staff is of the opinion that this update cycle is not the correct time to implement either Option 2 or Option 3, which are the more restrictive options. In the following code cycle(s), staff may recommend pursuing one of these options, and

11.4 Packet Pg. 427

advises the City Council that the California Building Codes are trending towards these more restrictive code requirements and all electric buildings are on their way to becoming a statewide standard in the future.

Electric Vehicle (“EV”) Charging Station Readiness

SVCE has recommended a series of reach codes relating to readiness for EV charging stations. Staff is recommending the pursuit of most of these recommendations. In California, there is a set goal that by 2030 all new vehicles sold in the State of California shall be EVs. As this date is approaching quickly, and the number of EVs being bought are increasing over time, there is a higher likelihood that EV charging infrastructure will be needed in buildings in the next several years. The cost for installing the infrastructure when a new building is being constructed is cheaper than the cost of retrofitting existing buildings to have these EV charging facilities. By setting the requirement now for new buildings that will be constructed during the next calendar year, the City would be providing savings to those buyers who purchase a building and will be in need of installing equipment for their EVs. This will be a comparatively lower cost to these homeowners than retrofitting, altering, demolishing and rebuilding of infrastructure to make an existing building EV ready. Below is a summary of the EV related codes, the SVCE recommendations, and the staff recommendations of those reach code elements it supports for consideration.

CURRENT

UPCOMING
2022 CODE
UPDATE
SVCE

RECOMMENDATION
STAFF

RECOMMENDATION
Definitions
None Adding
definitions of
Automatic Load
Management
System, EV
Capable Space,
EV Ready
Space, Level 2
EV Supply
Equipment, and
Low Power
Level 2 EV
Charging
Receptacle
Same as 2022 Code
Update, but adding
Affordable Housing,
Direct Current Fast
Charging; EV
Charging Station,
Level 1 EV Ready,
Level 2 EV Ready,
Low Power Level 2
EV Ready, and
providing more
technical
specifications to new
definitions
Adopt SVCE Reach Code
except for its suggestion of
creating a different set of
EVCS requirements for
affordable housing
projects. It is staff’s
opinion that all residential
developments, whether
market rate or affordable,
should have the same
EVCS requirements.

Having electric vehicle
charging options available
for affordable units will
eliminate the need for
expensive retrofits in the
future. Therefore, having
the exact EVCS
requirements for
affordable housing

11.4 Packet Pg. 428

CURRENT

UPCOMING
2022 CODE
UPDATE
SVCE

RECOMMENDATION
STAFF

RECOMMENDATION
projects as all other
housing projects is
recommended by staff.

New One and Two-Family Homes and Town Homes with Attached Private Garages
All spaces are
to be EV
Capable
(electrical panel
space and
capacity to
support EV
charging)
No Change Parking spaces must
be EV Ready (EV
Capable, plus
electrical circuit that
ends in a charger or
receptacle for a
charger). First space
must be Level 2
(higher capacity/faster
charging); second
space Level 1
One level 2 charger per
dwelling unit required.

Incremental first step to
EV charging.

New Multifamily Dwellings/Hotels/Motels
10% of parking
spaces to be
EV Capable
(Multifamily)
(Less than 20
Units)
No change Multifamily unit
parking spaces:
40% Level 2 EV
Ready
60% Level 1 EV
Ready
Multifamily 60% Level 1
ready; 40% EV Level 2
Capable.
6% of parking
spaces to be
EV Capable
(Hotels and
Motels) (Less
than 20 units)
10 % of parking
spaces to be
"EV Capable"
Hotels/Motels -
Shared Parking:
5% of spaces Level 2
EV Ready
25% of spaces Low
Power Level 2 Ready
10% of spaces Level
2 Capable
Adopt SVCE Reach Code
EV Capable
spaces
identified on
plans - No
immediate
charging
25% of parking
spaces shall be
"EV Ready" low
power Level 2
receptacles, no
more than one
receptacle per
dwelling unit;
5% of spaces

11.4 Packet Pg. 429

CURRENT

UPCOMING
2022 CODE
UPDATE
SVCE

RECOMMENDATION
STAFF

RECOMMENDATION
require higher
power Level 2
(20 units or
more)
Voluntary Measures (Tier 1/2)
If adopted
previously,
would by EV
Capable
spaces totaling
15%/20%,
respectively
Low Power
Level 2
Receptacles
35%/40%,
respectively
20 or more
units, 10%/15%
have chargers,
respectively
Does not contain
these voluntary
measures
Not recommended for
Adoption. Since staff is
proposing SVCE
recommendations, which
exceed the Voluntary
Measure levels.

Existing Multifamily Parking Facilities Additions/Alterations None 10% of parking
spaces added or
altered shall be
EV spaces
capable of
supporting future
Level 2 EV
supply
equipment
10% of parking
spaces added or
altered shall be Level
2 Ready. Alterations
also include lighting
and/or electrical
systems that require
a building permit
Adopt SVCE Reach Code,
but the Level 2 Ready
spaces required for the
alterations/additions can
be located at the existing
parking spaces closer to
the buildings or electrical
interconnection location.

Non-Residential - Class B Offices - Shared Parking Facilities None specific
to this use
None specific to
this use
New Construction:
20% of spaces shall
be EV charging
stations with Level 2
EV Ready; 30% Level
2 Capable Existing:
10% of added or
altered spaces Level
2 EV Ready
Adopt SVCE Reach Code,
but the Level 2 Ready
spaces required for the
alterations/additions can
be located at the existing
parking spaces closer to
the buildings or electrical
interconnection location.

Non-Residential - All Other - Shared Parking Facilities

11.4 Packet Pg. 430

CURRENT

UPCOMING
2022 CODE
UPDATE
SVCE

RECOMMENDATION
STAFF

RECOMMENDATION
None specific
to this use
None specific to
this use
New Construction:
10% of spaces shall
be EV charging
stations with Level 2
EV Ready; 10% Level
2 Capable
Existing: 10% of
added or altered
spaces Level 2 EV
Ready
Adopt SVCE Reach Code,
but the Level 2 Ready
spaces required for the
alterations/additions can
be located at the existing
parking spaces closer to
the buildings or electrical
interconnection location.

Warehouses, grocery
stores and retail
stores with planned
off-street loading
spaces in their plans
shall include design
for adequate future
capacity to avoid
demolition for
expansion of EV
infrastructure
Do not adopt with this
update cycle. Level of
technology and future
electrical infrastructure
needs for commercial EV
trucks is not known at this
time. Waiting to see where
the infrastructure needs
will be when these
vehicles are more widely
used.

Residential Bicycle Reach Codes

As part of the CAL Green Code there are voluntary code sections, including code sections pertaining to bicycle parking, that municipalities may adopt. The Community Development Department, Planning Division, is currently working on a draft bicycle parking ordinance. However, there are two bicycle reach codes being recommended for adoption by staff, detailed in the table below.

CURRENT
UPCOMING 2022

CALIFORNIA CODE
UPDATE
SVCE

RECOMMENDATION
STAFF

RECOMMENDATION
N/A - No
current
codes
adopted
Short-term bicycle
parking. Provide
permanently anchored,
readily visible bicycle
racks within 100 feet of
the visitor's entrance for
5% of visitor motorized
vehicle parking capacity
with a minimum of one
two-bike capacity rack.

N/A Adopt 2022 CAL
Green Residential
Voluntary Measures -
Bicycles Codes.

11.4 Packet Pg. 431

CURRENT
UPCOMING 2022

CALIFORNIA CODE
UPDATE
SVCE

RECOMMENDATION
STAFF

RECOMMENDATION
N/A Long-term bike parking:

Multifamily - provide at
least one bicycle
space/two units.

Hotel/Motel - provide
one on-site bicycle
parking space/25,000 sq.
ft., but not less than two.

Parking facilities shall be
conveniently reached
from the street and may
include, but not be limited
to:

1. Covered, lockable
enclosures with
permanently anchored
racks for bicycles.

2. Lockable bicycle
rooms with permanently
anchored racks.

3. Lockable, permanently
anchored bicycle lockers.

N/A Adopt 2022 CAL
Green Residential
Voluntary Measures -
Bicycles Codes,
except:

1. Multifamily shall be
one bicycle space per
each unit;

2. Hotel/Motel - one
long term bicycle
parking space per 25
rooms (for employee
and guests)

Community Outreach – Input/Feedback

The City convened two public input workshops on Reach Codes on April 27. The workshops were introduced and hosted by the Community Development Department and a representative from Silicon Valley Clean Energy.

The first workshop was oriented toward developers and frequent customers at the Building Counter. While a direct invitation was mailed to the City’s entire development list, only three individuals participated in this event.

The second workshop, held in the evening, was intended for the general public and was attended by ten individuals. Attendees were a mix of Gilroy residents and individuals living elsewhere.

In addition to the poll results tallied below, verbal input received was generally supportive of reach code adoption for health and climate protection reasons. Several speakers expressed appreciation that the City is considering a reach code. One speaker was not particularly negative but expressed concern about utility costs in the future for all-electric homes.

Poll Results from the Public Workshop:

11.4 Packet Pg. 432

(note that not every attendee completed the poll and not every attendee answ ered every question, so the number of answers shared varies by question)

Poll 1

1. Do you live or work in Gilroy?
Results: (2-yes; 3-no)

2. Is your current home all-electric or mixed fuel?
Results: (5-mixed fuel)

3. How familiar are you with reach codes?
Results: (1-not at all familiar; 3-moderately familiar; 1-extremely familiar) Poll 2

1. What is your top concern about all-electric construction? Results: (1-power outages; 1-don’t like cooking on electric range; 1-heating will be much more expensive; 2-electric panel will need to be upgraded; 2-no concerns)

2. What is the most important reason you think Gilroy should consider electric reach codes?
Results: (1-expand EV charging access to more; 1-reduced greenhouse gas emissions; 1-don’t see a reason to consider)

3. After this presentation, in general, how likely would you be to support reach codes?
Results: (3-extremely likely)

ALTERNATIVES

Council may direct staff to pursue any of the reach code options, or direct staff not to pursue any reach code amendments with this current building code update cycle.

FISCAL IMPACT/FUNDING SOURCE

Little to no fiscal impact to the City is anticipated from the adoption of the reach code.

Depending upon Council direction, some publication costs for an ordinance adoption may be incurred. The cost would vary and would be included in the discussion of the agenda item adopting any City Code changes and would be absorbed in the City’s existing appropriations.

CONCLUSION

Reach codes can be useful tools that benefit residents, businesses, and the environment. The California Building Codes are trending in a pattern to advance clean energy with each new code cycle update and are expected to continue. By adopting certain codes, such as the EV charging station readiness codes, the City can help save residents and businesses the cost of having to retrofit their buildings to meet the needs of supporting the EV-only new vehicles starting in 2030.

Additionally, the residential bicycle CAL Green voluntary codes will assist in making cycling more attractive around town and encourage the use of bicycles. Other reach

11.4 Packet Pg. 433

codes, such as electric-only new construction, is not recommended for this update cycle, given the concerns expressed by staff earlier in this report, but future Councils will need to consider them as future building code update cycles come forward.

NEXT STEPS

Based upon Council’s direction, staff will prepare any ordinance changes needed to meet the direction that Council issues, hold additional community outreach efforts, and return at a future meeting with a draft ordinance for consideration .

PUBLIC OUTREACH

As mentioned above, staff held a meeting with the City’s developers, as well as the public to present the various options on reach codes and has received some comments in response to this outreach effort. Further outreach will be conducted with the public and the development community as well on any new codes developed based on the guidance from the City Council.

Attachments:

1. Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language

2. Staff Recommendation - Residential Bicycle Reach Codes

3. Reach Code Diagram Attachment

4. Correspondence - Karney, Bruce

5. Correspondence - Robinson, Joseph

6. Correspondence - Stand Earth

7. Correspondence - Stand Earth

8. Correspondence - Karney, Bruce

11.4 Packet Pg. 434

Overview

Silicon Valley Clean Energy (SVCE) provides recommended amendment language to the 2022 Title 24 Part 11 California Green Building Standards Code (CALGreen) sections covering Electric Vehicle (EV) Charging Infrastructure. The code intends to reach beyond the EV charging infrastructure requirements in the 2022 CALGreen. Additions are underlined, deletions are stricken through,.

These amendments are meant to be adopted in lieu of EV charging infrastructure requirements within a local zoning code. Please visit BayAreaReachCodes.Org to review related information.

Version Date Summary of Updates
May 11, 2022 1st draft

A comparison of the EV related code section outlines between the 2022 CALGreen and the proposed amendments is presented here for reader orientation. The rest of the document lays out the recommended code amendments for the Definition, Scope, Residential Mandatory Measures, and Nonresidential Mandatory Measures sections respectively.

Outline Comparison
Section Headings for Base 2019 CALGreen

RESIDENTIAL MANDATORY MEASURES

4.106.4 Electric vehicle (EV) charging for new construction.

4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages.

4.106.4.1.1 Identification.

4.106.4.2 New multifamily dwellings.

4.106.4.2.1 Electric vehicle charging space (EV space) locations.

4.106.4.2.2 Electric vehicle charging space (EV space) dimensions.

4.106.4.2.3 Single EV space required.

4.106.4.2.4 Multiple EV spaces required.

4.106.4.2.5 Identification.

4.106.4.3 New hotels and motels.

4.106.4.3.1 Number of required EV spaces.

4.106.4.3.2 Electric vehicle charging space (EV space) dimensions.

4.106.4.3.3 Single EV space required.

4.106.4.3.4 Multiple EV spaces required.

4.106.4.3.5 Identification.

4.106.4.3.6 Accessible EV spaces.

NONRESIDENTIAL MANDATORY MEASURES

11.4.a
Packet Pg. 435 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

5.106.5.3 Electric vehicle (EV) charging.

5.106.5.3.1 Single charging space requirements.

5.106.5.3.2 Multiple charging space requirements.

5.106.5.3.3 EV charging space calculation.

5.106.5.3.4 Identification.

5.106.5.3.5 Future charging spaces.

Section Headings as Recommended

RESIDENTIAL MANDATORY MEASURES

4.106.4 Electric vehicle (EV) charging

4.106.4.1 One- and two-family dwellings and town-houses with attached private garages

4.106.4.1.1 New Construction

4.106.4.1.2. Existing Building

4.106.4.2 Multifamily dwellings with residential parking facilities.

4.106.4.2.1 New Construction

4.106.4.2.2 Existing Buildings

4.106.4.3 Electric vehicle charging Stations

4.106.4.3.1 Location

4.106.4.3.2 Dimensions

4.106.4.4 Direct current fast charging stations

NONRESIDENTIAL MANDATORY MEASURES

5.106.5.3 Electric vehicle (EV) charging

5.106.5.3.1 Nonresidential Occupancy Class B Offices

5.106.5.3.1.1 New Construction

5.106.5.3.1.2 Existing Buildings

5.106.5.3.2 Hotel and Motel Occupancies – Shared Parking Facilities

5.106.5.3.2.1 New Construction

5.106.5.3.2.1 Existing Buildings

5.106.5.3.3 All Other Nonresidential Occupancies – Shared Parking Facilities

5.106.5.3.3.1 New Construction

5.106.5.3.3.2 Existing Buildings

5.106.5.3.4 Direct Current Fast Charging Stations

5.106.5.4 EV readiness.

5.106.5.4.1 Warehouses, grocery stores and retail stores with planned off-street loading spaces.

11.4.a
Packet Pg. 436 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

CHAPTER 2 DEFINITIONS
Section 202 DEFINITIONS
…
AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

…

AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE) , circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16 -ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.

ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

ELECTRIC VEHICLE (EV) READY SPACE. [HCD] A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

ELECTRIC VEHICLE (EV) CAPABLE SPACE. A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically

11.4.a
Packet Pg. 437 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

for the purpose of transferring energy between the premises wiring and the electric vehicle.

…

LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). [HCD] The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes. v. The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.

LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:

11.4.a
Packet Pg. 438 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.

…

LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE. [HCD] A 208/240 Volt 20- ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle.

OFF-STREET LOADING SPACES. An area, other than a public street, public way, or other property (and exclusive of off-street parking spaces), permanently reserved or set aside for the loading or unloading of motor vehicles, including ways of ingress and egress and maneuvering areas.

Whenever the term "loading space" is used, it shall, unless the context clearly requires otherwise, be construed as meaning off-street loading space. This excludes designated passenger loading/unloading.

CHAPTER 3 GREEN BUILDING
SECTION 301

GENERAL
301.1 Scope. … (No change to existing California amendment.) 301.1.1 Additions and alterations. [HCD] The mandatory provisions of Chapter 4 shall be applied to additions or alterations of existing residential buildings where the addition or alteration increases the building’s conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration. (No change to existing California amendment.)
The mandatory provisions of Section 4.106.4.2 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing multifamily buildings.

11.4.a
Packet Pg. 439 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

See Section 4.106.4.2.3 for application.

The mandatory provisions of Section 5.106.5.3 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing nonresidential buildings.

NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purpose of this section.

CHAPTER 4 RESIDENTIAL MANDATORY MEASURES

DIVISION 4.1, PLANNING AND DESIGN

SECTION 4.106

SITE DEVELOPMENT

4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Section 4.106.4.1 or 4.106.4.2, and 4.106.4.3, to facilitate future installation and use of EV chargers.

Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13- 01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Exceptions:

1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:

1.1. Where there is no local utility power supply or the local utility is unable to supply adequate power.

1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service..adversely impact the construction cost of the project.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. ADUs and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1.

3. Multifamily residential R-2 building projects that have approved entitlements before the code effective date.

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4.106.4.1 New oOne- and two-family dwellings and town-houses with attached private garages.

4.106.4.1.1 New Construction. One parking space provided shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready space. For each dwelling unit, install a listed raceway to accommodate a dedicated 208-240-volt branch circuit.

The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The race shall originate at a main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.

4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV CAPABLE”.

The raceway termination location shall be permanently and visibly marked as “EV CAPABLE”.

4.106.4.1.2. Existing Building. Parking additions or electrical panel upgrades must have reserved breaker spaces and electrical capacity according to the requirements of 4.105.4.1.1.

…

4.106.4.2 New mMultifamily dwellings with new residential parking facilities.

4.106.4.2.1 New Construction. Forty percent (40%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Sixty percent (60%) of dwelling units with parking spaces shall be provided with at minimum a Level 1 EV Ready space. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A . EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.

When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.1 and 4.106.4.2.2. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction. See Vehicle Code Section 22511.2 for further details.

4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms. The number of dwelling units, sleeping

11.4.a
Packet Pg. 441 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

units or guest rooms shall be based on all buildings on a project site subject to this section.

1. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.

Exceptions:

1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.

2. When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.

Notes:
a. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.
b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

2. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

Exception: Areas of parking facilities served by parking lifts.

4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms. The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

1. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.

11.4.a
Packet Pg. 442 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

Exception: When EV chargers (Level 2 EVSE) are installed in a number greater than five (5) percent of parking spaces required by Section 4.106.4.2.2, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the five (5) percent required.

Notes:
a. Construction documents shall show locations of future EV spaces. b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

2. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

Exception: Areas of parking facilities served by parking lifts.

3. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.

4.106.4.2.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS.

When new parking facilities are added and ALMS is installed, the ALMS system must be designed to deliver no less than 2.2 kVa (110/120 volt, 20 -ampere).

4.106.4.32.2.1 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section 4.106.4.2.2 shall comply with Section 4.106.4.32.2.1.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

4.106.4.3.12.2.1.1 Location. EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

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Packet Pg. 443 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.3.12.2.1.1 and Section 4.106.4.3.22.2.1.2.

4.106.4.3.22.2.1.2 Electric vehicle charging stations (EVCS) dDimensions. The charging spaces shall be designed to comply with the following:

1. The minimum length of each EV space shall be 18 feet (5486 mm).

2. The minimum width of each EV space shall be 9 feet (2743 mm).

3. One in every 25 charging spaces, but not less than one, shall also have an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm). a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.

Exception: Where the City’s Municipal or Zoning Code permits parking space dimensions that are less than the minimum requirements stated in this section 4.106.4.3.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B-228.3.2.1 and 11B-812, as applicable.

4.106.4.2.2.1.3 Accessible EV spaces. In addition to the requirements in Sections 4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

4.106.4.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces

4.106.4.2.3 EV space requirements.

1. Single EV space required. Install a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the location or the proposed location of the EV space. Construction documents shall identify the raceway termination point, receptacle or charger location, as applicable. The service panel and/or subpanel shall have a 40-ampere minimum dedicated branch circuit, including branch circuit

11.4.a
Packet Pg. 444 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

overcurrent protective device installed, or space(s) reserved to permit installation of a branch circuit overcurrent protective device.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space, at the time of original construction in accordance with the California Electrical Code.

2. Multiple EV spaces required. Construction documents shall indicate the raceway termination point and the location of installed or future EV spaces, receptacles, or EV chargers. Construction documents shall also provide information on amperage of installed or future receptacles or EVSE, raceway method(s), wiring schematics and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch circuit.

Required raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space at the time of original construction in accordance with the California Electrical Code.

4.106.4.2.4 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.

4.106.4.2.5 Electric Vehicle Ready Space Signage. Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.

Notes:

1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.

There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.

CHAPTER 5 NONRESIDENTIAL MANDATORY MEASURES

SECTION 5.106

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Packet Pg. 445 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

SITE DEVELOPMENT

5.106.5.3 Electric vehicle (EV) charging. [N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.

Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service. adversely impact the construction cost of the project.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.

5.106.5.3.1 Nonresidential Occupancy Class B Offices – Shared Parking Space.

5.106.5.3.1.1 New Construction. Twenty percent (20%) of parking spaces shall be provided with EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Thirty percent (30%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.1.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS with Level 2 EV Ready.

5.106.5.3.1 EV capable spaces. [N] EV capable spaces shall be provided in accordance with Table

5.106.5.3.1 and the following requirements:

1. Raceways complying with the California Electrical Code and no less than 1” diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.

2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volts, 40-ampere minimum branch circuits for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.

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Packet Pg. 446 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

3 The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4.(Formerly 5.106.5.3.4 [N] Identification) The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as “EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE”.

Note: (Relocated from Section 5.106.5.3.5 and edited) A parking space served by electric vehicle supply equipment or designed as a future EV charging space as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by an enforcement agency. See Vehicle Code Section 22511.2 for further details.

When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follows:

TABLE 5.106.5.3.1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.

…

5.106.5.3.2 Electric vehicle charging stations (EVCS). EV capable spaces shall be provided with EVSE to create EVCS in the number indicated in Table 5.106.5.3.1. The EVCS required by Table 5.106.5.3.1 may be provided with EVSE in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be

TOTAL NUMBER
OF

ACTUAL PARKING
SPACES

NUMBER OF

REQUIRED EV

CAPABLE SPACES

NUMBER OF
EVCS
(EV CAPABLE SPACES PROVIDED
WITH EVSE) 2
0-9 0 0
10-25 4 0
26-50 8 2
51-75 13 3
76-100 17 4
101-150 25 6
151-200 35 9
201 and over 20 percent of total1 25 percent of EV capable spaces 1

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Packet Pg. 447 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

permitted if the electrical load capacity required by Section 5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.

5.106.5.3.2 Hotel and Motel Occupancies – Shared Parking Facilities.

5.106.5.3.2.1 New Construction. Five percent (5%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging.

Twenty-five percent (25%) of parking spaces provided shall be Low Power Level 2 EV Ready space.

Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.2.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS with Level 2 EV Ready.

5.106.5.3.3 All Other Nonresidential Occupancies – Shared Parking Facilities.

5.106.5.3.3.1 New Construction. Ten percent (10%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.3.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS with Level 2 EV Ready.

5.106.5.3.3 Use of automatic load management systems (ALMS). ALMS shall be permitted for EVCS. When ALMS is installed, the required electrical load capacity specified in Section 5.106.5.3.1 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when charging one vehicle and shall deliver a minimum 3.3 kW while simultaneously charging multiple EVs.

5.106.5.3.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1, 5.106.5.3.2, and 5.106.5.3.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

5.106.5.3.4 Accessible EVCS. When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3.

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Packet Pg. 448 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

Note: For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

5.106.5.4 Electric vehicle (EV) charging readiness. Construction shall comply with Section

5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section 5.106.5.4.1 for future installation of medium- and heavy-duty EVSE. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B- 228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service. adversely impact the construction cost of the project.

5.106.5.4.1 Electric vehicle charging readiness requirements for wWarehouses, grocery stores and retail stores with planned off-street loading spaces. In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:

1. The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5.4.1.1 to accommodate the dedicated branch circuits for the future installation of EVSE.

2. The construction documents shall indicate one or more location(s) convenient to the planned off-street loading space(s) reserved for medium- and heavy-duty ZEV charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as shown in Table 5.106.5.4.1.1.

3. Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located, and shall terminate in close proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.

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Packet Pg. 449 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

4. The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty ZEVs as shown in Table 5.106.5.4.1.1.

TABLE 5.106.5.4.1.1, Raceway Conduit and Panel power Requirements for Medium-and-Heavy- Duty EVSE
Building type Building Size
(sq. ft.)
Number of Off-street
loading spaces
Additional capacity Required (kVa)
for Raceway & Busway and
Transformer & Panel
Grocery 10,000 to 90,000 1 or 2 200
Grocery Greater than
90,000
3 or Greater 400
Grocery Greater than
90,000
1 or Greater 400
Retail 10,000 to 135,000 1 or 2 200
Retail 10,000 to 135,000 3 or Greater 400
Retail Greater than
135,000
1 or Greater 400
Warehouse
Warehouse
Warehouse
20,000 to 256,000
20,000 to 256,000
1 or 2 200
3 or Greater 400
Greater than
256,000
1 or Greater 400

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Packet Pg. 450 Attachment: Silicon Valley Clean Energy Recommended 2022 Part11 EV Reach Code Language (3795 : Reach Codes - Council Direction)

City of Gilroy
2022 Staff Recommended Residential Bicycle Reach Codes
City staff is recommending for Council consideration the below residential bicycle reach codes for the 2022 CAL Green Code update:

RESIDENTIAL MEASURES
A4.106.9 Bicycle parking. Comply with Sections A4.106.9.1 through A4.106.9.3 or meet a local ordinance, whichever is more stringent.

Exception: Number of bicycle parking spaces shall be permitted to be reduced, as approved by the enforcing agency, due to building site characteristics, including but not limited to, isolation from other development.

A4.106.9.1 Short-term bicycle parking. Provide permanently anchored bicycle racks within 100 feet of the visitor's entrance, readily visible to passers-by, for 5 percent of visitor motorized vehicle parking capacity with a minimum of one two-bike capacity rack.

A4.106.9.2 Long-term bicycle parking for multifamily buildings. Provide on-site bicycle parking for at least one bicycle per every two dwelling units. Acceptable parking facilities shall be conveniently reached from the street and may include, but not be limited to:

1. Covered, lockable enclosures with permanently anchored racks for bicycles.

2. Lockable bicycle rooms with permanently anchored racks.

3. Lockable, permanently anchored bicycle lockers.

A4.106.9.3 Long-term bicycle parking for hotel and motel buildings. Provide one on-site bicycle parking space for every 25,000 square feet, but not less than two. Acceptable parking facilities shall be conveniently reached from the street and may include, but not be limited to:

1. Covered, lockable enclosures with permanently anchored racks for bicycles.

2. Lockable bicycle rooms with permanently anchored racks.

3. Lockable, permanently anchored bicycle lockers.

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Packet Pg. 451 Attachment: Staff Recommendation - Residential Bicycle Reach Codes (3795 : Reach Codes - Council Direction)

ATTACHMENT 1
REACH CODES – AUGUST 1, 2022 GILROY CITY COUNCIL MEETING

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Packet Pg. 452 Attachment: Reach Code Diagram Attachment (3795 : Reach Codes - Council Direction)

CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email.

From:

To:City Clerk; All Council Members
Subject:EXTERNAL - Public Comment for Item #11.4. Council Discussion and Direction Regarding Potential 2022 Reach Codes.

Date:Wednesday, July 27, 2022 1:17:57 PM
I am writing to express my support for the adoption of all-electric REACH Codes in newly permitted residential and commercial buildings. I also encourage requiring EV infrastructure for new single-family and multi-family developments.

You are no doubt aware that virtually all other cities in Santa Clara County adopted REACH codes 3 years ago during the last code update cycle. Experience has shown that these codes do not increase building costs or project development cycle times.

These codes have led to the construction of buildings that have cleaner (that is, healthier) indoor air and which have dramatically smaller greenhouse gas emissions.

I encourage the Council to adopt codes that match or exceed those already adopted by neighboring cities.

Best Regards,Bruce Karney

11.4.d
Packet Pg. 453 Attachment: Correspondence - Karney, Bruce (3795 : Reach Codes - Council Direction)

From:

To:City Clerk; All Council Members
Subject:EXTERNAL - Public Comment Item #11.4. Council Discussion and Direction Regarding Potential 2022 Reach Codes
Date:Thursday, July 28, 2022 9:59:36 AM
CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email.

City Council, Public, and Staff,
Every three years, cities and counties throughout California are required to adopt local building codes in line with the new Building Standards Code or Title 24 of the California Code of Regulations. In addition, cities and counties may adopt building codes more advanced than those required by the state, known as REACH codes. A REACH code is a local building energy code that “reaches” beyond the state minimum requirements for energy use in building design and construction, creating opportunities for local governments to lead the way on clean air, climate solutions, and the renewable energy economy.

We finally have the chance at our August 1st City Council meeting to correct the disregard for current and future generations. The REACH code effort became a regional movement, by 2022, 12 of Silicon Valley Clean Energy’s 13 member agencies (Gilroy City Council Declined in 2019) adopted REACH codes of varying levels. Statewide, more than 50 cities and counties have adopted similar codes in an effort to reduce emissions and achieve our shared climate goals. Now it's time for Gilroy to join the region, and build a cleaner future for the next generation.

I write to express strong support for the adoption of all electric residential/commercial buildings REACH codes, including EV infrastructure for multi-family developments. By adopting REACH codes that incentivize energy efficiency and electrification in buildings, Gilroy can lead the way to a healthier and more sustainable future through cleaner air and improved public health. Reduce the use of natural gas combustion in homes and instead, using electrification, avoids prolonged exposure to natural gas fumes, which can lead to respiratory issues like asthma.

REACH codes support more affordable housing: all-electric homes cost less to build and operate than homes powered by natural gas. REACH codes lower climate impact: powering buildings with renewable energy reduces CO2 emissions.

Sent from my iPhone

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Packet Pg. 454 Attachment: Correspondence - Robinson, Joseph (3795 : Reach Codes - Council Direction)

July 26, 2022
To: [email protected],[email protected] From: Alex Ramel, Climate Policy Advisor at Stand.earth Re: Public Comment for Item #11.4. Council Discussion and Direction Regarding Potential 2022 Reach Codes
Honorable Members Of the Gilroy City Council,
Stand.earth is pleased to share our strong support for the proposal before you on August 1st to adopt an all-electric reach code for residential and commercial buildings in your community, including EV infrastructure for multi-family developments. By adopting reach codes that incentivize energy efficiency and electrification in buildings, Gilroy can lead the way to a healthier and more sustainable future.

Many other communities–including more than 55 in California–are already taking similar steps. You can move forward with confidence that these measures are well thought through and carefully tested. At the same time, Gilroy will still have a leadership role in building the momentum needed to respond to the climate crisis.

The co-benefits of these measures are well documented.

Reducing the use of methane gas combustion in homes and instead using clean electric appliances, avoids prolonged exposure to methane gas fumes. In June, the American Medical Association unanimously adopted Resolution 439, stating that, “our American Medical Association recognizes the association between the use of gas stoves, indoor nitrogen dioxide levels and asthma… the use of gas stove increases household air pollution and the risk of childhood asthma and asthma severity.” Bellingham • 1329 N State Street • Suite 302 • Bellingham, WA 98225 • 360-734-2951 San Francisco • 548 Market Street • Suite 74196 • San Francisco, CA 94104 • 415-863-4563 Vancouver • 5307 Victoria Drive • Suite 347 • Vancouver,BC V5P 3V6 • 604-331-6201 www.stand.ear th

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Packet Pg. 455 Attachment: Correspondence - Stand Earth (3795 : Reach Codes - Council Direction)

In addition, all-electric new construction advances affordable housing. Since building owners and tenants will be responsible for monthly energy costs in new buildings, it’s important that any discussion of affordability include not only the first-cost of equipment, but also the operating costs of that equipment over time. Life-cycle costs analysis consistently favors electrification in new construction. For example, a 2020 evaluation by the Rocky Mountain Institute of building costs in a number of cities with a variety of different climates, energy markets, and policy frameworks none-the-less found that “the new all-electric, single-family home has a lower net present cost than the new mixed-fuel home in every city we studied.”
Stand.earth and SAFE Cities enthusiastically support Gilroy’s steps toward a clean energy reach code and we encourage you to move forward with this thoughtful and timely proposal. Please let me know if we can answer any additional questions.

Stand.earth is an international environmental advocacy organization that challenges corporations and governments to treat people and the environment with respect because our lives depend on it. Our SAFE Cities initiative is fostering the growing movement of neighbors, local groups, and elected officials phasing out fossil fuels and fast-tracking clean energy solutions to ensure a just transition. Learn more at www.stand.earth/safe
In solidarity,
Alex Ramel
Climate Policy Advisor
Stand.earth
Bellingham • 1329 N State Street • Suite 302 • Bellingham, WA 98225 • 360-734-2951 San Francisco • 548 Market Street • Suite 74196 • San Francisco, CA 94104 • 415-863-4563 Vancouver • 5307 Victoria Drive • Suite 347 • Vancouver,BC V5P 3V6 • 604-331-6201 www.stand.ear th

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Packet Pg. 456 Attachment: Correspondence - Stand Earth (3795 : Reach Codes - Council Direction)

City of Gilroy

STAFF REPORT
Agenda Item Title: Approval of Gilroy Management Association Memorandum of Understanding and Adoption of a Resolution Approving
Associated Salary Schedules for the Period of July 1, 2022 Through June 30, 2025
Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager
Prepared By: LeeAnn McPhillips, Administrative Services/HR Director/Risk Manager
Strategic Plan Goals

☐ Develop a Financially
Resilient Organization

☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities

☐ Promote Safe,
Affordable Housing for All

☐ Maintain and Improve
City Infrastructure

RECOMMENDATION

a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for FY 23 to implement the terms of the Gilroy Management Association Memorandum of Understanding for FY 23 and authorizing the inclusion of appropriate funds in the future FY 24 and FY 25 budgets for salary and benefit expenditures related to the implementation of the MOU.
b) Approve a Memorandum of Understanding between the City and Gilroy Management Association for the period July 1, 2022 - June 30, 2025.

11.5 Packet Pg. 457

c) Adopt a Resolution of the City Council of the City of Gilroy approving the July 1, 2022, July 1, 2023 and July 1, 2024 salary schedules associated with the Gilroy Management Association Memorandum of Understanding.

EXECUTIVE SUMMARY

The City of Gilroy is a public employer. As such, and consistent with the Meyers-Milias- Brown Act (MMBA), the City engages in a collective bargaining process with represented employees through bargaining units. The process typically occurs over a three to four-month period before the expiration of the existing labor contract. City employees (except executives and certain others) are organized into five different bargaining units and are represented by unions. The product of the collective bargaining process is an MOU (“memorandum of understanding” or “Memoranda” for plural).

MOUs specify the terms and conditions of employment.

The Gilroy Management Association (GMA) is one of the five City of Gilroy labor organizations. This labor group represents approximately thirty mid-management employees in all City departments. The agenda item tonight is to review and approve the MOU for the GMA bargaining group for the next three fiscal years, FY23 – FY 25.

BACKGROUND

Staff recently concluded negotiations with the Gilroy Management Association for a successor Memorandum of Understanding (MOU) including salary schedules for the time period of July 1, 2022 – June 30, 2025, in conformance with Council direction. A final copy of the MOU and the corresponding salary schedules are attached for Council’s review and approval. Staff worked with bargaining team members to prepare the changes to the MOU documents. The final draft of the MOU has been reviewed by representatives of the bargaining unit and a designated representative from the negotiating team has signed-off on the final documents. The remaining members of the GMA negotiations team and the City negotiating team will sign the documents following Council approval.

The GMA unit employees did not receive any salary increase in FY 21 or FY 22. In addition, as part of the Covid recession, this labor group incurred a 9.23% pay reduction and other benefit reductions in FY 21 in an effort to avoid further layoffs. Therefore, the focus of these negotiations was to increase the salary schedule for purposes of recruitment and retention of employees and acknowledge the pay and benefit reductions from FY 21. Again, GMA managers and full-time unrepresented employees (confidential mid-managers, department heads, and confidential/non-exempt) were the only employees that took an actual pay cut in FY 21. Retaining talented management- level employees is a priority for the organization and ensures stable leadership and high-quality services for the Gilroy community. The three-year term will provide stability for the employees, and the organization overall, and allows staff to plan and budget for the planned increases.

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The main areas of change for the GMA MOU are summarized below:

• Three-year contract (July 1, 2022 – June 30, 2025)
• Salary increases as follows:
• 5% cost of living salary increase effective July 1, 2022 • 5% cost of living salary increase effective July 1, 2023 • 5% cost of living salary increase effective July 1, 2024 • Add a 3% Retention Range Extension to the salary schedules beginning July 1, 2023 – requires completion of 5 years of service and meets expectations or better performance evaluation. Employee must have been less than 5% from the top of the regular range for one year to enter the range extension portion of the salary assigned to the job classification.
• City contribution to medical and dental premiums will be frozen at the January 1, 2022 rate for the term of the MOU (savings from this item applied to the above referenced salary increases).
• Add option for bilingual pay of 5% for non-safety employees who demonstrate Spanish/English bilingual skills that are regularly used on the job. • Ability for managers to cash out accrued vacation hours (up to 60 hours in FY 23, up to 40 hours in FY 24 and FY 25) in accordance with the terms ou tlined in the MOU. • Allow employees promoted from within from the Gilroy Police Officers Association (GPOA) to the GMA group to retain the post-employment health reimbursement account contribution in place with the GPOA at the time of promotion. • Reinstate 20 hours of personal leave given up in FY 21 on a one-time basis in FY 23; hours not used in accordance with MOU will be cashed out with June, 2023 payroll.
• Add $300 per month certificate pay for the classification of Senior Environmental Engineer (one employee) for possession of a Grade IV CWEA Collection System Maintenance Certificate if possessed on 7/1/22 and maintained going forward. • Request for City Council to give future consideration to adding two observed holidays – for example: Cesar Chavez Day (March 31) and Juneteenth (June 19) • Other minor clean-up/clarification language to update the MOUs – no cost associated with these updates

FISCAL IMPACT

The cost for the new MOU changes over the three-year period is estimated to be $935,000 or approximately $311,667 annually (average). Approximately 62% of this cost is charged to the General Fund and 38% to other funds.

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Attachments:

1. Budget Amendment Resolution for GMA MOU and Salary Schedules 8.1.22

2. GMA MOU July 1, 2022 to June 30, 2025 Final for Agenda Packet Signed

3. GMA Salary Resolution and Salary Schedules for MOU 7.1.22 - 6.30.25

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RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GILROY AMENDING THE BUDGET FOR THE CITY OF
GILROY FOR 2022-2023 TO IMPLEMENT THE TERMS OF

THE GILROY M ANAGEMENT ASSOCIATION

MEMORAND UM OF UNDERSTANDING (MOU) FOR FY
23, APPROPRIATING PROPOSED EXPENDITURE

AMENDMENTS, AND AUTHORIZING THE INCLUSION OF
APPROPRIATE FUNDS IN THE FUTURE FY 24 AND FY 25

BUDGETS FOR SALARY AND BENEFIT EXPENDITURES

RELATED TO THE IMPLE MENTATION OF THE MOU

WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully examined, considered and adopted the same on June 7, 2021; and

WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report dated August 1, 2022 for the Approval of the Memorandum of Understanding with the Gilroy Management Association and related Salary Schedules from July 1, 2022 through June 30, 2025.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS:

1. The appropriations for Fiscal Year 2022-2023 shall be increased by the Finance Director to implement the terms of the Gilroy Management Association Memorandum of Understanding pertaining to Fiscal Year 2022-2023 Budget of the City.

2. The appropriate funds to implement the remaining terms of the Memoranda of Understanding shall be included in the FY 24 and FY 25 future budgets.

PASSED AND ADOPTED this 1st day of August, 2022 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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Packet Pg. 461 Attachment: Budget Amendment Resolution for GMA MOU and Salary Schedules 8.1.22 (3902 : Gilroy Management Association MOU and

Resolution No. 2022-XX
Budget Amendment Resolution – GMA MOU & Salary Schedules City Council Regular Meeting | August 1, 2022