Agenda packet — Gilroy City Council, November 21, 2022 (part 3 of 4)

PFS 8.5 Undergrounding. Require the
undergrounding of utilities in areas of the
City undergoing redevelopment or
significant construction.

Complies. There are no existing or new above ground
power or telephone lines with this project.

PFS 9.3 Development review. Include
Police Department in development review
to ensure crime and safety issues are
addressed
Complies. The project has been reviewed by all
departments and agencies that would serve the
development, including Police, and requirements are
met.

PFS 10.8 Fire access design and building.

Require new development to include fire-
resistant landscaping & building materials
and adequate fire equipment access
Complies. Building materials and landscaping as
proposed and conditioned comply with all fire code
requirement.

PR 1.4 Parkland standard. Maintain the
City’s established standard of five acres of
developed park land per thousand
population.

Complies. The project is not suitable for public
parkland use. The City has planned for its park needs
in the Parks Master Plan and will collect Facilities
impact fee per unit to fund improvements.

NCR 1.8 Native nesting birds. Protect
native nesting birds, protected by
Migratory Bird Treaty Act and Fish and
Game Code
Complies (as conditioned). Standard conditions require
surveys to be conducted prior to start of construction
during the nesting season
NCR 1.10 Light pollution. Encourage
measures to limit light pollution from
outdoor sources, and direct outdoor
lighting downward and away from wildlife
habitat areas
Complies. A photometric plan has been provided that
shows residential level lighting sufficient for safety and security, with an average 0.44-footcandle on the
private streets; with lighting required to be shielded
downward to avoid spillover or glare.

NCR 3.3 Shade tree program. Increase
community-wide use of shade trees to
decrease energy use associated with
building cooling
Substantially Complies. The project includes significant tree planting which will contribute to site and building cooling.

NCR 5.3 Archaeological resources.

Ensure all ground-disturbing activities
protect archaeological resources if
discovered during excavation.

Complies (as conditioned). Though the site has a low
risk for discovery, standard conditions of approval
require work to halt if remains or artifacts are
uncovered, in compliance with state law.

Notes: The City is in the process of updating its Housing Element which will address new state housing allocation numbers. This site is included as site M-4 on the 12-7-21 Vacant Land Survey. Some useful links relevant to the information in this table are as follows:

9.3.e
Packet Pg. 395 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

5 www.cityofgilroy.org/274/2040-General-Plan
www.cityofgilroy.org/DocumentCenter/View/9058/2015--2023-Housing-Element?bidId= www.cityofgilroy.org/DocumentCenter/View/12571/Vacant-Land-Survey-12-07- 2021?bidId=
www.cityofgilroy.org/DocumentCenter/View/11630/2020-Annual-Housing-Element- Progress-Report-

Zoning Code Conformance: Review of the project requests for planned development zone change, tentative map and architectural and site plan permit is provided as follows:

Zoning and PUD Standards Analysis
Pursuant to zoning code chapter 30.26, the PUD planned unit development combining district allows diversification in development standards that promote unified plann ing and development, economical and efficient land use, a higher standard of amenities, creative design, and upgrading of the urban environment. Development standards are established through issuance of a PUD permit per chapter 30.50.50.

The project proposes the following deviations from the base R3 medium density residential zoning (with setbacks measured from nearest building edge to exterior site boundary, and shown on plan Sheet A 1.1):

Standard Required Proposed
Lot Size 8,880 square feet N/A to townhome lots
Front Setback (*) 26’ from face of curb 24’ min to 30’ max Cul de Sac Setback (*) 21 feet from face of curb 20’4” min Street Side Setback 12 feet 14’1” min
Interior Side (*) 12’ 6’ min (19’ typ.) west side
adjacent to Gilroy HS
10’3” min (17’ typ.) east side
backing to SFR
Rear Setback 15 feet 16’5” min.

Building Height 45 feet/3 stories 26’+/- and 2 stories typ.

Parking (Ch 30.31) Two (2) 10’x20’ spaces; one of
which is covered, plus 1 foot for
obstructions (e.g., min 22’ wide by
20’ deep 2 car garage)
Units propose two car garages
with typically one standard
10’x20’ and one compact 8’x17’
space, plus space for 2 cars in
the private driveway.

Guest Parking 12 spaces (1 per 4 units) 12 spaces, including one accessible space
Landscaping (Ch

30.38)
All yard areas must be landscaped
with no more than 50% paving in
the front yard.

The project complies. See
Architectural and Site Review
Permit discussion below
Multifamily Design Compliance with Objective Design
Standards (ODS)
The project complies. See
Architectural and Site Review
Permit discussion below
R3 Site and Design
Standard (Sec 30.7.50)
Provide 6 foot building separation,
and 80% of ground floor units with
150sf private yard area
All buildings and units meet or
exceed this standard.

Note: The asterisk (*) in the Standards column indicates a PUD deviation from base R3 zoning is proposed. This applies to the Front, Cul-de-sac and Interior setbacks (as

9.3.e
Packet Pg. 396 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

6 measured from building to perimeter boundary).

Staff recommends support of the PUD overlay and development standards as consistent with Chapter 30.26 and Section 30.50.50 for the following reasons:
1) The single-family attached development is consistent with the general plan density, policies, and land use designations as it provides additional home ownership possibilities in the community.
2) The deviations to R3 standards would provide compliant parking and be harmonious with the existing neighborhood development pattern. 3) The project proposes high quality design details and building materials. 4) The project includes a higher standard of amenities which includes:
• The project proposes to install and maintain landscaping between the site and Gilroy High School tennis courts, to enhance and maintain visibility of this area from the development.
• Visible and attractive community walkways and gathering areas placed throughout the site that meet or exceed the City Objective Design Standards, with orientation of units to these active outdoor areas. • High quality open view fencing along the perimeter, attractive low front yard fencing and consistent fencing for private yard areas.
• Quality building materials and details that meet or exceed the City Objective Design Standards. And,
• Proposed placement of public art at the community open space/gazebo .

Architectural and Site Review Analysis
In addition to the PUD requirements above, the building designs and site plan must comply with the criteria listed in Section 30.50.40. The project addresses this review criteria, as follows:
a) Traffic Safety and efficiency. The project has been evaluated by police, fire, and public works to ensure the street circulation, driveways, and access meet city standards. The proposed internal private street design is considered efficient and acceptable for emergency access and the volume of traffic anticipated for the small infill development.
b) Signage. The project does not currently include specific building identification signage details. If a monument or wall identification sign is requested, a separate sign permit would be required. Such signage must match the complex design, not exceed 24 square feet in area, height of 6 feet, indirectly illuminated and setback at least 10 feet from the property line. Addressing for the building would be provided in compliance with City fire code requirements. c) Site Development. The project is broken into a series of buildings, with smaller building groups along Royal Way, and accent concrete paving at the intersections which would enhance the aesthetic appeal of the drive aisles. d) Landscaping. The project includes a detailed landscape plan for all yard areas that includes a variety of plants and trees, native and compatible species, water efficient planting and irrigation. Landscape area totals approximately 0.88 acres.

More than 35 percent of landscape areas would be usable outdoor space with private patio areas, front yard space, outdoor gathering and recreation areas, and pedestrian walkways throughout the project. Comments from Valley Water agency have been included as conditions regarding removal of trees that could conflict with an easement along the rear of the site, and with recommendation

9.3.e
Packet Pg. 397 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

7 regarding certain tree species.
e) Stormdrainage. The project has been designed to incorporate stormdrainage facilities in compliance with state and local regulations. The plan would not result in any loss of ornamental landscaping to accommodate stormdrainage features/ f) Fire Protection. The site has been designed and conditioned to ensure fire safety and access would be accommodated.
g) Environmental Impacts. The vacant urban infill site has no environmental characteristics or concerns on the property. Further, the project is subject to review for compliance with the Santa Clara Valley Habitat Plan, pursuant to the City Code. A Habitat Permit application has been filed and the project will be required to pay its share of habitat mitigation fees as required by the plan.

Completion of the application process is required as a standard condition of approval.

The project also must conform to the City Objective Design Standards. The project is considered to be in substantial conformance with these additional standards as summarized below:

Standard Discussion
Entryways Front entries are oriented to common areas and active landscape areas, with covered porch areas.

Garage Doors Garages do not face the street and are appropriately detailed as shown on detail 1 of sheet A4.4
Massing Breaks Massing breaks are provided exceeding parameters as set forth in the Objective Design Standards as shown in detail 2 and 6 of plan sheet A4.4 Roofline Rooflines provide differentiations in pitch and steps exceeding 4 ft. between porch roof forms and upper roofs. See sheet A5.3 images and elevations A3.7, A3.8, A3.9
End Units Design employs mass break and articulation as shown on sheet A3.1a Balconies,
Patios, Porches
Ground floor residential units and upper floor residential units include a balcony, patio, porch, or stoop, with 48 square feet of area.

The project consists of two story townhomes which provide individual yards with patio areas, covered entry porch areas and balconies for all units that would exceed the 48 square feet area. The units along the exterior boundary have large yard areas that would face a common pathway encircling the complex. The units on Royal Way would have larger private yard areas.

Windows, Doors Windows and Doors are recessed per details 2 and 6 of sheet A4.4 Storage Every Unit has personal outdoor storage space identified in the garage area.

Materials, Colors The primary wall finish consists of quality materials and at least two materials on each elevation. A universal color system is proposed as shown on elevations and material board.

Pedestrian
Circulation
The project is internally connected with pedestrian pathways.

Parking Parking is provided for each unit, guest parking is dispersed throughout the complex, and landscape islands are provided for plants and trees.

Bicycle Parking Bicycle parking pads and racks are adequately provided throughout the community, per detail 2 sheet A4.5
Public Art Public Art area is allocated at north of Gazebo/Community space identified on site plan. A standard condition of approval requires the details to be reviewed and recommended by the Arts and Culture Commission.

9.3.e
Packet Pg. 398 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

8 Outdoor
Amenities
Two active areas of 800 sf total and two passive areas of 400 sf total area required amenities. The project includes a 2400 sf play area with two play modules, a 1500 sf gazebo, 4,000 sf picnic area in visible and accessible locations along with benches and picnic tables in open space areas.

Lighting All structures, entries, parking areas, refuse enclosures, active outdoor/landscape areas, and pedestrian pathways include dusk to dawn lighting for safety and security.

Refuse Areas Each building has a pad adjacent to the street for trash pickup service and would otherwise be stored in dedicated space in the garage.

The full list and text of the ODS are available at the following city webpage/link:
https://www.cityofgilroy.org/DocumentCenter/View/12377/Objective-Design- Standards?bidId=

Zoning Review Summary:

Based on the analysis above, staff recommends approval of the project with conditions .

This includes Valley Water Districts requested changes to the landscape plan as follows:
• Olive tree species shall be replaced with a less invasive tree, to avoid seedlings entering the creek channel (as recommended by Valley Water). • Trees shall be removed from the Valley Water pipeline easement. This potentially impacts three trees located behind Building D and the recreation lot (as recommended by Valley Water).

Tentative Map Analysis: Consistent with Section 21.41(a) of the City Code, tentative maps must be recommended by the Planning Commission and approved by the City Council. The tentative map was distributed to the various departments and utility agencies that would review and serve the project. As proposed and conditioned it has been concluded that the project layout, design and circulation comply with applicable standards, would not conflict with existing easements, results in an orderly pattern of development, and is consistent with the medium density land use designation . Criteria considered to reach this conclusion include the following:

a) Flood Zone: The site is located in Flood Zone X, which is not a Special Flood Hazard Area.
b) Site Layout: The site proposes an orderly pattern of development of roads and buildings in compliance with City standards.
c) Design and Size of Lots: The townhome lots are appropriate and of sufficient size and geometry to accommodate their buildings and other improvements. d) Density: The project facilities the multi-family development within the required 8- 20 unit per acre density range.
e) Circulation: Each resulting parcel will have access from interior private streets. f) Open Space: There are adequate open space areas and setbacks provided in compliance with City requirements.
g) Improvements: Utilities will be extended into the site from Royal Way to serve the development in compliance with City codes and standards. h) Property Dedications and Easements: The tentative map identifies all required easements and dedications and as proposed and conditioned will not result in any conflicts with easements.
i) Transportation: The project provides connections with existing public sidewalks and will incorporate bicycle parking throughout the complex in compliance with

9.3.e
Packet Pg. 399 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

9 City requirements.

Findings of approval are required pursuant to Gilroy City Code Section 21.41 and the Subdivision Map Act section 66474. Based on the discussion herein, staff supports a recommendation of approval by the Planning Commission subject to the findings and conditions of approval included in the Resolution attached to this report. A tentative map is valid for twenty-four (24) months and may be extended for up to three additional years.

INTER-DEPARTMENTAL/AGENCY REVIEW:

Project plans were routed to Engineering, Building, Police, Fire representatives, the Gilroy Unified School District, Santa Clara Valley Water, Valley Transit Authority and other service agencies for review and comment. Recommendations received have been incorporated into the project plans or included as conditions in attached resolution(s).

PUBLIC NOTICING:

Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by the application using Data Pro which is based on current ownership data. By September 23rd, notices of this Planning Commission meeting were mailed to the property owners along within other interested parties, published in the Gilroy Dispatch, and posted on-site. In addition, the Planning Commission public hearing packets are available through the City's webpage.

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. Vicinity Map Royal Way

2. Architectural Plans

3. Civil and Landscape Plans

4. Vesting Tentative Map Sheet

5. Street Name Exhibit

6. Z 21-05 PC Resolution

7. AS 21-17 PC Resolution

8. TM 21-04 PC Resolution

9.3.e
Packet Pg. 400 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

RESOLUTION NO. 2022-14

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY

RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE Z 21-05, AMENDMENT FROM R3 TO R3-PUD TO APPROVE A 45 UNIT TOWNHOME DEVELOPMENT ON 3.37 ACRES AT ROYAL WAY, APN 799-44- 93, 94, 95, 96, 97, 98, 101, 109 & 110, GILROY, CA 95020.

WHEREAS, on October 4, 2021, Michael Cady, Third Millennium Partners and property owner Paul Sanders, TMP Royal Way, LLC filed an application requesting architectural and site review, tentative map, and planned unit development rezoning to permit a 45 unit townhome project on the subject 3.37 acre vacant in-fill site located on Royal Way and the Uvas Creek Trail; and

WHEREAS, on July 9, 2022, the application submittal was accepted as complete; and

WHEREAS, the project has been reviewed and determined to qualify for an infill exemption pursuant to the provisions of the California Environmental Quality Act (CEQA); and

WHEREAS, pursuant to Gilroy City Code Section 30.26.50 and Section 30.50.50, the Planning Commission and City Council must approve the planned unit development (PUD) rezoning request and a planned development permit prior to development under the PUD overlay; and

WHEREAS, the Planning Commission of the City of Gilroy has concurrently reviewed architectural and site plan review application AS 21-17, which serves as the approved PUD development plan, to assure that quality design elements and public amenities are included as required for development within the PUD overlay; and

WHEREAS, the Planning Commission of the City of Gilroy has concurrently reviewed the vesting tentative map application TM 21-04, as necessary to subdivide the property into individual townhome lots for sale consistent with the PUD rezoning and development plan approvals; and

WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a duly noticed public hearing on the project, independently considered the environmental determination, considered the Planned Unit Development request (Z 21-05) in accordance with the Gilroy Zoning Ordinance, staff report, and all evidence received including written and oral public testimony; 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; and

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 401 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-14

Page 2 ends

WHEREAS, the Planning Commission of the City of Gilroy has determined that the project qualifies for an infill exemption under the California Environmental Quality Act, pursuant to section 15332 of the CEQA Guidelines, and no further environmental analysis is required, as follows:
i) The project is consistent with the applicable general plan medium density land use designation, all applicable general plan policies that promote attached medium density development of the site as proposed, and CEQA Guidelines Section 15183 that states the no additional environmental review is for a project consistent with the general plan where there are no particular project-specific significant effects. ii) The project is substantially consistent with the base R3 zoning designation and regulations, with flexibility to the zoning standards that have been considered and approved through the PUD overlay process in order to permit attached townhome development consistent with the General Plan.
iii) The proposed development occurs within city limits on a project site of no more than five acres which is substantially surrounded by urban uses.
iv) The site has no value as habitat for endangered, rare or threatened species. v) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality and proposes development anticipated by the General Plan and General Plan EIR.
vi) The site can be adequately served by all required utilities and public services which ae available at the street frontage.
vii) There are no significant effects peculiar to this site which is a vacant infill site that was previously approved for residential development and has no unique constraints or habitat conditions.

WHEREAS, the Planning Commission of the City of Gilroy has determined that the following findings are supported, as necessary pursuant to Chapter 30.26 and Article LII, for establishment of the Planned Unit Development overlay combining district:

i) The R3PUD overlay conforms to the applicable Gilroy General Plan in that it promotes attached medium density residential development at 13.35 units per acre, consistent with the Medium Density Residential land use density of 8 to 20 units per acre. ii) The PUD overlay amendment is necessary in order to carry out the applicable general plan goals and policies in that it would provide an attached housing ownership option that complies with applicable multi-family objective design standards, provides a type of development that would integrate well within the existing neighborhood which contains a mixture of multi- family and single family development, and meets the medium density general plan land use density established for the site.
iii) The PUD overlay amendment is necessary in order to carry out the general purpose of the Zoning Ordinance in that it would promote development of high quality, medium density, ownership housing options within the City.
iv) As required by the overlay combining district, Architectural and Site Review Permit AS 21-17 has been submitted and considered concurrently as the PUD development plan for this PUD zoning amendment.

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 402 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-14

Page 3 ends

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council approval of Z 21-05, amending Assessor Parcel No’s 799-44- 93, 94, 95, 96, 97, 98, 101, 109 and 110 from the R3 to the R3-PUD zone district, for the Royal Way Townhomes project, subject to the development as proposed by the concurrent and related site development plan applications AS 21-17 and TM 21-04, or as otherwise permitted under the R3 base zoning district standards should these related entitlements expire.

PASSED AND ADOPTED this 6th day of October by the following roll call vote:

AYES: Elle, Kushner, Lewis, Moreno

NOES: Leongardt

ABSENT: Bhandal

ATTEST: APPROVED:

_________________________________ __________________________________ Sharon Goei, Secretary Annedore Kushner, Vice Chair

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 403 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

1 RESOLUTION NO. 2022-15

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY

RECOMMENDING TO THE CITY COUNCIL APPROVAL OF VESTING
TENTATIVE MAP TM 21-04 TO APPROVE A 45 UNIT TOWNHOME PLANNED DEVELOPMENT ON 3.37 ACRES AT ROYAL WAY, APN 799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110, GILROY, CA 95020.

WHEREAS, on July 9, 2022, the application submittal was accepted as complete; and

WHEREAS, pursuant to Gilroy City Code Chapter 21 Subdivisions, the Planning Commission must recommend and City Council must approve a vesting tentative map application; and

WHEREAS, the Planning Commission of the City of Gilroy has reviewed PUD zoning amendment Z 21-05 and the related architectural and site review permit AS 21-17 by separate resolutions, which are required to allow for the townhome development to proceed as proposed; and

WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a duly noticed public hearing on the project, independently considered the environmental determination and the zoning and land use entitlements in accordance with the Gilroy Zoning Ordinance, considered the staff report, and all evidence received including written and oral public testimony; and

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council approval of TM 21-04, based upon findings required pursuant to the state Subdivision Map Act Section 66474, and subject to the conditions attached hereto as Attachment A.

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 404 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-15

Page 2 ends

FINDINGS TM 21-04

i) The proposed map is consistent with the general plan medium density land use designation and general plan policies that require attached housing in the medium density residential land use designation and promote home ownership options.
ii) The site is physically suitable for the type of development as it consists of flatland area that is not in a flood prone location, does not have any unique physical or environmental constraints and is designated for medium density land use at and the project is within the 8 to 20 unit per acre density.
iii) The design of the subdivision or the proposed improvements are unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as the site has no creeks, streams, wetlands or any other physical or environmental constraints and qualifies for an infill exemption pursuant to section 15332 of the California environmental quality act.
iv) The design of the subdivision or type of improvements is not likely to cause serious public health problems given that the utilities for the development are immediately adjacent along the Royal Way frontage and will be extended into the site under valid grading and encroachment permits.
v) The design of the subdivision or the type of improvements as proposed and conditioned will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

PASSED AND ADOPTED this 6th day of October by the following roll call vote:

AYES: Elle, Kushner, Lewis, Moreno

NOES: Leongardt

ABSENT: Bhandal

ATTEST: APPROVED:

_________________________________ __________________________________ Sharon Goei, Secretary Annedore Kushner, Vice Chair

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 405 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-15

Page 3 ends

ATTACHMENT A

STANDARD CONDITIONS OF APPROVAL
TM 21-04

Note: The following abbreviations identify the City department or division responsible for determining compliance with these conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition.

If only one group is identified, they have responsibilities from initial review through compliance verification. In the context of these Conditions of Approval, the term “Developer” means permit applicant, property owner, operator, permittee, lessee, and/or tenants using the space(s) for the intended use(s). Developer shall comply with project conditions for the life of the project.

RESPONSIBLE DEPARTMENTS/DIVISIONS
BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division
CC Chemical Control Agency PW Public Works/Engineering
FP Fire Prevention TR Traffic Division
PD Police Department WW Wastewater/Source Control

PLANNING CONDITIONS

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.

1. RELATED ENTITLEMENTS: Approval and development of TM 21-04 for a 45 unit townhome development shall be subject to conformance with the related PUD rezoning Z 21-05 and PUD development plan AS 21-17.

2. 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.

3. HOMEOWNERS’ ASSOCIATION: Developer shall establish a Homeowners’ Association (HOA) for the development. The HOA shall be re sponsible 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: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 406 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-15

Page 4 ends

4. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be co nsistent 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.

PUBLIC WORKS CONDITIONS OF APPROVAL
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.

5. PARCEL MAP: It shall be the applicant's responsibility to have a parcel 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 parcel map shall be approved by the Department of Public Works and recorded with the County Recorder’s Office prior to the issuance of any City permits. A p arcel map guarantee shall be submitted to the City, by the applicant’s title company, prior to release of the parcel 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. (PUBLIC WORKS)

6. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a public improvement agreement with the City per Gov. Code Section 66462(a) and shall arrange to provide Payment and Performance bonds each for 100% of the cost of public infrastructure improvements to be constructed in the public right-of- way. These improvements shall include, but not be limited to, roadway construction, sidewalk, curb and gutter, water lines, storm lines, sewer lines, street lights, and signal equipment. City Standard insurance shall be provided per the terms of the agreement. The agreement will be forwarded to the Ci ty Council for approval with project (parcel or final) map. The PIA shall be approved by the City Council prior to the issuance of the project building permit. (PUBLIC WORKS)

7. 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)

8. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall prepare project Covenants, Conditions and Restrictions (CC&R) for the project.

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 407 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-15

Page 5 ends

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 l anguage 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)

9. 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)

10. PAVEMENT RESTORATION: Due to the proposed development making pavement cuts into the existing roadway, additional construction traffic, existing pavement condition, and additional future traffic all reducing the City Pavement Condition Index, the developer shall grind and pave Royal Way, from curb to curb, along the project frontage (full roadway width) with a minimum 3” hot mix AC with pavement section dig-out repairs where needed. The extent of the pavement section dig-out repairs to be determined by the developer’s geotechnical engineer and to be confirmed by the City Engineer. Identify this item on the first building submittal. (PUBLIC WORKS)

11. 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 Type II slurry/microsufacing to all streets, and apply final street markings, per the approved plans, in thermoplastic to Caltrans Sta ndards. All Type II slurry/microsurfacing and final striping shall be to the approval of the City Engineer. (PUBLIC WORKS)

12. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:

9.3.e
Packet Pg. 408 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-15

Page 6 ends

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)

13. 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

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 409 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-15

Page 7 ends

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 geot echnical report shall include a section designated for stormwater design, including percol ation results and design parameters. (PUBLIC WORKS)

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 410 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

1 RESOLUTION NO. 2022-16

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY

RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
ARCHITECTURAL AND SITE REVIEW PERMIT AS 21-17 TO APPROVE A 45 UNIT TOWNHOME PLANNED DEVELOPMENT ON 3.37 ACRES AT ROYAL WAY, APN 799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110, GILROY, CA 95020.

WHEREAS, on July 9, 2022, the application submittal was accepted as complete; and

WHEREAS, pursuant to Gilroy City Code Section 30.50.40 and Section 30.50.50, the Planning Commission must recommend and City Council must approve a planned development permit prior to development under the PUD overlay, and approve the site and building design for medium density housing; and

WHEREAS, the Planning Commission of the City of Gilroy has reviewed the PUD zoning amendment Z 21-05 by separate resolution, to assure that quality design elements and public amenities are included as required for development within the PUD overlay; and

WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a duly noticed public hearing on the project, independently considered the environmental determination and the zoning and land use entitlements in accordance with the Gilroy Zoning Ordinance, considered the staff report, and all evidence received including written and oral public testimony; and

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council approval of AS 21-17, based upon the DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 411 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 2 ends

following findings and subject to the conditions attached hereto as Attachment A, with further recommendations that the following items be explored or included as conditions of the approval:
1) Explore installation of temporary fencing during construction to control dust. 2) Change garage door colors to a lighter tone.
3) Include additional window treatments such as recessing windows, adding a sill and or shutters.
4) Consider providing privacy trees between the project and neighboring residences to the east.
5) Explore need for a water curtain between the project and open space preserve if needed for fire safety.

FINDINGS

i.) The findings required under Section 30.50.50 for approval of AS 21-17 PUD development plan are satisfied as follows:
a. Conforms to the Gilroy general plan in terms of general location and standards of development in that it proposes attached housing at 13.35 units per net acre which complies with the medium density residential range of 8 to 20 units per net acre, and the housing will integrate with the existing neighborhood which is primarily comprised of two story multi-family and single-family homes. b. Provide the type of development which will fill a specific need of the surrounding area, in that it promotes additional home ownership opportunities within the City as an option to the more predominant single family housing supply. c. Not require urban services beyond those which are currently available at Royal Way to serve the infill development site.
d. Provide a harmonious, integrated plan for an attached housing product that will integrate with the neighborhood, implement the desired density, and provide desired amenities, which justifies the few minor exceptions requested for exterior boundary side yard and front yard setbacks to the normal requirements of the R3 zoning district. e. Reflect an economical and efficient pattern of site development by providing a mix of two and 3 bedroom units approximately 1200 to 1300 square feet in size that comply with density, open space, landscaping, parking and height standards and integrate with the neighborhood development pattern.
f. Include greater provisions for landscaping and open space than would generally be required in that the project includes private yard areas for each home exceeding the 150 square foot minimum, minimum patio, porch and balcony areas that exceed the 48 square foot area, active and passive recreation areas that significantly exceed the 1200 sf combined total required, and landscaping and maintenance of property on the Gilroy High School would be included to ensure the area would be visible and attractive. g. Utilize creative, aesthetic design principles to create attractive buildings, open space and site design to blend with the character of surrounding areas in that the project includes stepbacks and setbacks from adjacent residences with perimeter walkways to provide for increased privacy and open space between the adjoining units, and DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 412 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 3 ends

attractive buildings that would face the Uvas Creek Trail and Royal Way frontage so that the buildings do not back onto public space.
h. Not create traffic congestion, noise, odor, or other adverse effects on surrounding areas, as the project consists of a small infill development in an existing residential neighborhood that would not generate a significant or unusual number of vehicle trips. i. Provide adequate access, parking, landscaping, trash areas and storage, as necessary as these features have been planned for an integrated into the plan in compliance with standards.
j. Include art as an additional public amenity consistent with the intent of the PUD overlay district as well as the City of Gilroy Multifamily Objective Design Standards.

ii.) The findings required under Section 30.50.40 for approval of AS 21-17 site and building design are satisfied as follows:
a. The medium density development is in accordance with the general plan land use designation and applicable policies as discussed in finding i) a above. b. The land use is in harmony with the surrounding environment as the size, placement, orientation and design of homes would compatible with the type and scale of existing development in the neighborhood which includes two story single and multifamily development, units face onto public areas and open spaces, the buildings and landscaping details provide detailed architecture and dense landscaping with trees, and the project will promote private home ownership in the area. c. The project has been reviewed to ensure traffic, signs, site development, landscaping, drainage, fire protection and environmental impacts were adequately evaluated by all departments and the project meets or exceeds the standards as discussed in the detailed project staff report.
d. Conditions have been included as part of the approval to ensure construction of the project including landscaping, trash areas, lighting, screening design quality will be maintained and remain covered by these findings.

PASSED AND ADOPTED this 6th day of October by the following roll call vote:

AYES: Elle, Kushner, Leongardt, Lewis, Moreno

NOES: None

ABSENT: Bhandal

ATTEST: APPROVED:

_________________________________ __________________________________ Sharon Goei, Secretary Annedore Kushner, Vice Chair
DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 413 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 4 ends

ATTACHMENT A

STANDARD CONDITIONS OF APPROVAL
AS 21-17

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

1. APPROVED PROJECT: The approval for AS 21-17 is granted to construct 45 two story townhomes in 11 buildings with associated parking, landscaping, amen ities and site improvements located on the 3.37 acres of land at Assessor Parcel No. 799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110 ,as shown on Project Plans dated 4/26/22 3rd planning submittal for Royal Way Townhomes prepared by Hochhauser Blatter Architecture and Planning, BFS Landscape Architects and Civil Design Studio, and consisting of 49 sheets.

Build-out of the project shall conform to the plans, except as otherwis e specified in these conditions. Any future adjustment or modification to the plan s, 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, includin g subsequent City Code requirements or policies adopted by City Council.

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 414 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 5 ends

2. PERMIT EXPIRATION: The expiration date of this approval shall be concurrent with the Vesting Tentative Map TM 21-04. If building permits have not been obtained within 12 months after the Final Map is recorded, the approval shall be deemed automatically revoked. Upon application, an extension of time may be granted by the Community Developm ent Director or designee. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be con sidered pursuant to the City Code.

3. RELATED ENTITLEMENTS: This entitlement represents the approved development plan for Z 21-05, R3-PUD rezoning. Subdivision of the site into individual townhomes may be permitted consistent with approval TM 21 -04.

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

5. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the ap proval of such resolution that were part of the approval process.

6. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the drought emergencies provisions pursuant to the Gilroy City Code Chapter

27.98. 7. SINGLE-PHASE DEVELOPMENT: Construction of the project shall be done in a single-phase unless a phased construction project schedule is approved by the Community Development Director or designee.

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.

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 415 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 6 ends

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.

The project architect shall also certify that the structural plans are consistent with the architectural plans. In the event of a discrepancy between the structural plans and the architectural plans, the architectural plans shall take precedence, and revised structural drawings shall be submitted to the Building Division.

10. COLORS AND MATERIALS: Plans submitted for building permit applications shall include all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surfa ce finish type (e.g. stucco with sand finish, plaster with smooth finish) to be used in construction.

11. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior to initiating any new construction or modifications authorized under this appro val, including but not limited to temporary construction trailers, temporary staging areas, model home sales offices, advertising signs of any kind, exterior and interior modifications. Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable.

12. OTHER REVIEW AGENCIES: This project requires review and approval by outside agencies including, but not limited to [REVIEWING AGENCIES]. Proof of approval from these agencies may be required prior to building p ermit issuance, inspections, or prior to Certificate of Occupancy.

13. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit, Developer shall obtain a Habitat Permit HP 21-13 and pay all applicable mitigation fees. (See 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.

14. WINDOWS: The manufacturer type, design, material, and installation details for all windows within the project shall be specified in the construction drawings for review and approval by the Community Development Director or designee.

15. GARAGE DOORS: Developer shall provide automatic garage door openers for all garages. All garage entries closer than 23 feet to the front property line shall be DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 416 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 7 ends

equipped with a sectional roll-up garage door.

16. FENCES AND WALLS: All fencing and walls are to be shown on construction drawings submitted for building permit, consistent with the details shown on sheet A 4.5.

17. BICYCLE RACKS OR STORAGE: Developer shall provide “inverted U,” or equivalent short term bicycle racks as shown on detail 2 sheet A 4.5. Racks on bicycle pads shall be located along public walkways near each building as shown on sheet A1.1.

18. REFUSE STORAGE: Developer shall provide a level pad adjacent to the street for each unit to place receptacles for trash service pickup service, and storage space shall be maintained in the garage for placement of the bins during the rest of the week (as shown on approved plans).

19. SCREENING OF APPERTUNANCES: Developer shall show on construction drawings details of screening for all exterior equipment, including but not limited to mechanical equipment, post indicator valves, backflow prevention d evices, utility meters, mailboxes and address directories, etc. Ground mounted utility appurtenances such as transformers shall not be visible from any public right -of- way and shall be adequately screened through the use or combination of concrete or masonry walls, berms, and landscaping.

In addition to the above, backflow preventers shall be painted dark green, except the fire connection which shall be painted yellow. The final placement and design of these items shall be to the satisfaction of the Commu nity Development Director or designee.

20. ROOFTOP EQUIPMENT: Developer shall ensure rooftop mechanical equipment, including but not limited to heating and cooling systems, plumbing vents, ducts, antennas and other appurtenances protruding from the roof are recessed or otherwise screened. Details of the roof equipment and roof screens shall be included in the building permit drawings and approved by the Community Development Director or designee.

21. RAIN GUTTERS AND DOWNSPOUTS: Developer shall install all roof and building rain gutters and downspouts, vents, and flashing to integrate as closely as possible with building design elements, including matching the color of the adjacent surface.

22. ADDRESS DIRECTORIES: Address directories shall be placed in decorative DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 417 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 8 ends

cabinets and clustered for efficient access by residents and service persons, etc.

23. PLAY STRUCTURE: Provisions for a children’s play yard, including appropriate equipment, shall be included on the landscape plans to be approved by the Community Development Director or designee, and installed prior to any occupancy. The provisions of such facilities and t heir location must be included in sales information to prospective buyers.

24. LIGHTING PLAN: Developer shall submit a lighting plan with the application for building permit. This plan should include photometric contours, manufacturer’s specifications on the fixtures, and mounting heights. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is directed downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Developer shall recess or conceal any under-canopy lighting elements so they are not directly visible from any public area. The lighting plan must be approved by the Community Development Director or designee.

25. LANDSCAPE AND LIGHTING PLAN: A combined landscape and lighting plan shall be included to verify all project onsite lighting shall be of a type and in a location that does not constitute a hazard to vehicul ar traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns.

26. LANDSCAPING: Prior to building permit issuance, proposed landscaping shall be shown on the site plan and submitted with the construction drawings for review and approval by the Community Development Director or designee , which substantially comply with approved plans except as conditione d herein.

27. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil surfaces, as required by the State Model Water Efficient Landscape Ordinance (MWELO).

28. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant species, such as those listed by the California Invasive Plant Council.

29. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building permits or initiation of the proposed use, whichever comes first, Developer shall submit a completed Landscape Documentation Package, including a soil analysis/management report along with appropriate application review fees, to the Community Development Department, including required documentation fo r DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 418 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 9 ends

compliance verification, and obtain approval of such plans.

30. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall (as part of the irrigation system) indicate on construction drawings sensors that suspend or alter irrigation operation during unfavorable weather conditions (e.g. automatic rain shut-off devices).

31. TREE SPECIES: Olive tree species shall be replaced with a less invasive tree, to avoid seedlings entering the creek channel.

32. TREE LOCATIONS: Trees shall be removed from the Valley Water pipeline easement. This potentially impacts three trees located behind Building D and the recreation lot.

33. PLANNED UNIT DEVELOPMENT AMENITIES: In compliance with the Planned Unit Development Combining District (City Code 30.26), the Developer is required to provide a higher standard of amenities than a standard development. The Developer has proposed to landscape unused property on the adjacent high school site, provide increased active and passive recreation and open space areas in the complex, and a location for public art near the community gazebo . Final details of the amenities must be reviewed and approved during building permit review and completed prior to occupancy of the first unit.

34. PUBLIC ART: Prior to issuance of building permits, submit a process, timetable, and evidence of commitment acceptable to the City to ensure ins tallation of a suitable, significant piece of public-oriented sculpture or similar public art installation prior to occupancy. This shall include involving the Community Development Director or designee in reviewing preliminary concepts, artist, and type of work. All public art must be reviewed and approved by the City of Gilroy Arts and Culture Commission.

The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs first, or as otherwise specified in the condition.

35. ON- AND OFF-SITE IMPROVEMENTS: Prior to occupancy, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions.

36. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate of occupancy or building permit final sign-off, Developer shall complete installation DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 419 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 10 ends

of all landscaping and irrigation in accordance with the approve d plans.

37. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation of the proposed use, or completion of each build-out phase of development, Developer shall submit a signed Certificate of Completion, along with all necessary supporting documentation and payment to the Community Developmen t Department, for compliance verification of the landscape installation. Developer is required under the Model Water Efficient Landscape Ordinance (MWELO) to provide a copy of the approved Certificate of Completion to the property owner or his or her designee.

38. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required for the foundation, framing, application of exterior materials, and final completion of each structure to ensure that the construction matches the approved plans.

39. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall remove all construction materials, debris, and vehicles from the subject property.

The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.

40. CONSTRUCTION RELATED NOISE: To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site

“During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site:

a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area;
c. Construct sound walls or other noise reduction measures prior to developing the project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment;
e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 420 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 11 ends

where technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.”

41. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction- related impacts to air quality, Developer shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) and shall include the following language on any grading, site work, and construction pla ns issued for the project site

“During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction sit e:

a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day.

The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minut es (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator; and h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.”

42. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 421 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 12 ends

the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following:

a. Contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training;
b. Contractor will stockpile soil during development activities to allow for proper characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor emissions with appropriate filed screening instrumentation; d. Contractor will water/mist soil as it is being excavated and loaded onto transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing winds; and
f. Contractor will cover the bottom of excavated areas with sheeting when work is not being performed.

43. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50’ of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards.

44. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site:

The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 422 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 13 ends

and implemented by the responsible party.”

45. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans:

“If human remains are found during earth-moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the perso n responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to ma ke a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.” The following conditions shall be complied with AT ALL TIMES that the use permitted by this entitlement occupies the premises.

46. ADDITIONS, ACCESSORY BUILDINGS, AND PATIO COVERS: Building additions and patio covers shall conform to the zoning district or PUD approval, as applicable.

47. GARAGE USE: Garage spaces shall be maintained for resident parking. Storage is permitted in designated areas on the plan, and shall not prevent use of garage for required vehicle parking.

48. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall maintain landscaping and irrigation in accordance with the approved plans, except as DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 423 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 14 ends

otherwise permitted or required by law. Significant changes to the number, placement, and selection of plant species may require a modification to this approval, to be determined by the Community Development Director or designee.

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 pe rmit is issued first, or if another deadline is specified in a condition, at that time.

49. 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).

50. PLAN SUBMITTAL: The Site Improvements engineering project plans shall be submitted to Public Works, Land Development Section, in full, per the Public Works Engineering Submittal Checklist available on the City’s website under Land Development or by contacting the Public Works Engineering Project Manager assigned to this project. 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 shal l be submitted per the Public Works Engineering Submittal Checklist provided by the City, and available on the City website.

In addition:

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 424 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 15 ends

a. Plans and all required documents (per the Public Works Land Development Submittal Checklist) shall be made by appointment only by contacting the Public Works Project Manager assigned to this project. 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;
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 DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 425 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 16 ends

Access Easement, Landscape Easement, Drainage Easement, Pole Line Easement, etc.;
m. To ensure the plans are coordinated and there are no conflicts betwe en 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. This sheet recommended to be provided by the Civil Engineer. 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 st reet circulation movements; p. All utility boxes exposed to or near to (and necessarily exposed to) traffic or in a driveway, including sanitary sewer and/or water meter boxes, shall h ave traffic-rated boxes and lids;
q. All on-site recycled water system improvements, including appurtenances, shall be located within a PSE. (PUBLIC WORKS)

51. UTILITY PLANS: A utility plan shall be provided and included as part of the site improvements package 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 appro val 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)
DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 426 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 17 ends

52. UTILITY RESPONSIBILITIES: Storm and sewer utilities in private areas shall be privately owned and privately maintained. The water system in Gilroy is owned and m aintained by the City.

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)

53. 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)

54. 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)

55. 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 to Public Works, Land Development Section. The manual can be found at the following site:
www.cityofgilroy.org/261/Storm-Water-Management
(PUBLIC WORKS)

56. 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)

57. 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)

58. 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 DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 427 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 18 ends

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

59. WATER CONSERVATION: The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. This project shall apply for a recycled water use permit, by sending a request to Saeid Vaziry, Senior Civil Engineer, [email protected], 408-846-0492. Project information to be provided includes, but not limited to: Site plan, proposed connection point in the rec water system, volume of water need, duration (what months), time of days. (PUBLIC WORKS)

60. 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)

61. 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)

62. 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 of f-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)

63. STORMWATER CONTROL PLAN: At first improvement plan submittal, the applicant shall submit a DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 428 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 19 ends

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)

64. 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)

65. 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)

66. 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

All new driveways servicing multiple units shall be design as to not affect or impact any street or public right of way. This includes, but not limited to the use, operation, queuing, maneuver, or delay of passenger vehicles, emergency vehicles, pedestrian use.

Engineer. (PUBLIC WORKS)

67. 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 DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 429 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 20 ends

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 ad dressed 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)

68. GEOTECHNICAL ENGINEER: Prior to improvement plan approval, 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)

69. 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)

70. 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 DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 430 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 21 ends

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 topographic surveys or by potholing if survey data is not able to provide accurate data on critical conforms or points of connection. 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 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.

b. SIDEWALK: The applicant shall remove and replace all sidewalk surrounding the project site to City standards. Sidewalk replacement shall be constructed per the City Standard Drawings.

c. CURB AND GUTTER: The applicant shall replace any damaged and non - City Standard curb and gutter surrounding the project site. The actual DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 431 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 22 ends

amount of curb and gutter to be replaced shall be determined by the Public Works Construction Inspector in the field prior to construction. New curb and gutter shall be constructed per the City Standard Drawing STR -12.

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

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

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

g. SEWER MAIN: New sewer line shall be PVC, SDR 26 or equal. Applicant is required to submit plans and drawings for approval prior to submitting the first building permit. Construction of the new mainline shall be completed prior to issuance of the certificate of occupancy.

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

i. STORM WATER CATCH BASIN(S): The applicant shall install standard storm water catch basins, in accordance with the City Standard Drawings.

j. STREET TREES: The applicant shall install street trees along the project frontage in accordance with the City Standards.

9.3.e
Packet Pg. 432 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 23 ends

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.

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

71. UTILITIES: All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted to the City prior to installation. (PUBLIC WORKS)

72. STREET LIGHTING STANDARDS: The applicant shall submit photometric plans for parking lots, driveways, circulation areas, aisles, passageways, recesses, and publicly-accessible grounds contiguous to all buildings showing lighting levels to Illuminating Engineering Society (IES) Standards. The lighting system shall be designed as to limit light spill beyond property lines and to shield the light source from view from off site. The photometric plan shall be approved by the City Engineer or their designee, and 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.
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 DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 433 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 24 ends

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)

73. FENCES AND OTHER PERMANENT STRUCTURES WITHIN CITY RIGHT-OF- WAY: The applicant shall locate all project fencing and foundation of a perm anent 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)

74. FLOOR DRAINS: All floor drains shall be plumbed to connect to the sanitary sewer system and shall not be connected to stormwater collection system. The plumbing connections shall be shown on the plans to the approval of the City Engineer. (PUBLIC WORKS)

75. 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)

76. 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 fo r a maximum of two hours; one hour prior to the scheduled servicing time and mu st 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 DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 434 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 25 ends

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

77. 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)

78. 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)

79. 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)

80. ADDRESS PLAN: The applicant shall submit to the Public Works Department a proposed street naming street address plan. Applicant shall contract the plan ning department to obtain a list of potential street names. The applicant shall make DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 435 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 26 ends

suggested street names, which will be forwarded and confirmed or changed by the City’s street 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)

81. 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 W ater 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)

82. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to provide 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 $1,398.40. This fee is on ly an estimate based on the planning documents provided. The actual impact fee will be calculated based on the final 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)

83. 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 $3,092.60. This fee is only an estimate based on the planning documents provided. The actual impact fee will be calculated based on the final building permit plans submitted, and the fees approved by the City Counci l 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: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 436 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 27 ends

84. 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 s ewer system based on the adopted Sewer Master Plan. The estimated impact fee, based on the approved plans, is $322,920.00. This fee is only an estimate based on the planning documents provided. The actual impact fee will be calculated based on the final 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)

85. 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 improvement s identified in the City’s Water Master Plan. The estimated impact fee, based on the approved plans, is $82,935.00. This fee is only an estimate based on the planning documents provided. The actual impact fee will be calculated based on the final 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)

86. 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 $4 74,660.00. This fee is only an estimate based on the planning documents provided. The actual impact fee will be calculated based on the final building permit plans submitted, and the fees approved by the City Council in place at the time of the building p ermit submittal.

The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

87. 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 $856,2 60.00. This fee is only an estimate based on the planning documents provided. The actual impact DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 437 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 28 ends

fee will be calculated based on the final build ing permit plans submitted, and the fees approved by the City Council in place at the time of the building permi t submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS)

88. PUBLIC STORMWATER MANAGEMENT IMPACT FEE: The applicant shall pay a fee for the initial set up of each stormwater postconstruction BMP and an annual administration and monitoring fee associated with soliciting, accepting, and entering each postconstruction BMP inspection and monitoring report to comply with mandated state reporting. The estimated impact fee, based on the approved plans, is $1,200.00. This fee is only an estimate based on the planning documents provided. The actual impact fee will be calculated based on the final 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)

89. 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 identifi ed 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)

90. JOINT TRENCH PLANS: The developer shall submit a joint trench plan set at initial improvement plan submittal. The joint trench plans shall show all joint trench boxes outside of the sidewalk path of travel. All proposed meter pedestals and above ground facilities shall be at least 3-ft clear from the back of sidewalk in private streets and 5-ft clear from back of sidewalk in public streets. The joint trench plans shall include a typical detail from the face of curb to the back of the easement showing the joint trench and boxes relative to the sidewalk.

91. DRIVEWAY APPROACHES: The proposed driveway approaches design along the Royal way frontage between buildings K, H, & G shall be designed per City Standard. Driveways shall be designed to not affect or impact street or public right of way operation, queuing, maneuver, delay, passenger vehicles, emergency DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 438 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 29 ends

vehicles, pedestrian. (PUBLIC WORKS)

92. PRIVATE DRIVEWAYS: The proposed driveways between buildings K, H, & G shall be designed per City Standard to maintain full ingress egress at all times (2 - way traffic). Driveways shall be designed to not affect or impact street or public right of way operation, queuing, maneuver, delay, passenger vehicles, emergency vehicles, pedestrian.
(PUBLIC WORKS)

93. PRIVATE DRIVE ISLES: The proposed driveway approaches for 24-ft drive isles off the Royal Way Cul-De-Sacs shall be per City Standard and align with the proposed private drive isle centerlines. (PUBLIC WORKS)

94. FIRE TRUCK CIRCULATION PLAN: The developer shall submit for review an updated fire truck circulation plan demonstrating through vehicle Auto-Turn movements that a westbound fire engine can enter the project meeting Fire Department criteria. This Conditions of approval shall be confirm ed with the Fire Department. (PUBLIC WORKS)

95. VEHICLE PARKING AND LINE OF SITE PLAN: At initial building submittal, the developer shall submit for review a Vehicle Parking and Line of Site Plan as a part of the plan set. This Plan shall include an existing parking conditions plan (along Royal Way) and a post development pa rking condition plan. The post development parking condition plan shall show line of sight triangles for all proposed driveways and identify the total amount of public parking removed from Royal Way. (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.

96. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at least fifteen (15) working days prior to the start o f 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 sch eduled critical path for the installation of improvements to the approval of the City Engineer. The schedule shall be updated weekly. The approved construction and phasin g schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traff ic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents. (PUBLIC WORKS)
DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 439 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 30 ends

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 of 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 DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 440 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 31 ends

requirements outlined below.

iv. The exemption will not conflict with any other condition of approval required by the City to mitigate significant impacts.

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

vi. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.

vii. The City Engineer may revoke the exemption at any time if the contractor or owner of the property fails to abide by the conditions of exemption or if it is determined that the peace, comfort and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction. The waiver application must be submitted to the Public Works Construction Inspector ten (10) working days prior to the requested date of waiver.

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

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

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

iii. 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.

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 441 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 32 ends

Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. Recycled water shall be used for construction watering to manage dust control where possible, as determined by the City Engineer. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. Where recycled water is not available potable water shall be used. All potable construction water from fire hydrants shall be metered and billed at the current portable fire hydrant meter rate.

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

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

vii. Site dirt shall not be tracked into the public right -of-way, and shall be cleaned immediately if done, or the project may risk being shut down. Mud, silt, concrete, and other construction debris shall not be washed into the City’s storm drains.

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

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

x. Prior to issuance of any permit, the applicant shall submit any applicable pedestrian or traffic detour plans, to the satisfaction of the City Engineer, for any lane or sidewalk closures. The traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans. The Traffic Control Plan shall be prepared by a licensed engineer in accordance with the DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 442 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 33 ends

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.

97. 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)

98. 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 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 Direct or 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 oc cupancy 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 improvement s (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 DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 443 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 34 ends

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)

99. 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 applica nt. 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 ap proval. 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)
100. CONSTRUCTION STAGING AND WORKER PARKING: Prior to construction, the applicant shall provide a construction staging and parking plan th at 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 materials 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 DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 444 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 35 ends

(§15.40.070). (PUBLIC WORKS)
101. 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 surf ace 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)
102. 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
103. 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:

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 445 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 36 ends

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 b e 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)

BUILDING CONDITIONS
104. CONDITIONS OF APPROVAL: All conditions of approval shall be included on the first sheet after the cover sheet of the c onstruction drawing submitted for a building permit.
105. PRE-CONSTRUCTION MEETING: A pre-construction meeting shall be held at a time and location agreed upon by the City and applicant for the purpose of reviewing conditions of approval, pre-occupancy requirements / temporary certificate of occupancy and construction -site procedures. This meeting shall be held prior to the issuance of any permit issued by the building department. The applicant shall be represented by his design and construction staff, which i ncludes any sub-contractors. Departments having conditions of approval for the p roject will represent the City.
106. TEMPORARY FENCING: Temporary fencing along the perimeter of a building site, during construction is required to ensure security, public safety, and/or noise/dust mitigation. “Temporary” shall mean the placement of fencing in a manner that is not permanently attached to the ground or attached to any other structure or material that is itself permanently attached to the ground. Temporary construct ion fences consisting of chain-link or plywood, no more that 6-feet in height above the ground and shall not require any permits or special authorization.

Unless letters of permission from adjacent property owners or a City encroachment permit have been obtained, temporary construction fencing shall be placed only on the property that contains the subject construction project. All temporary construction fencing shall be thoroughly removed from the project site upon completion of construction.

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 446 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 37 ends

107. JOB SITE SIGNAGE: Prior to construction, A 36-inch by 48-inch weatherproof sign shall be posted on the site and located to be clearly readable from the public right -of- way, the sign shall include the following information:
a. Address of the project site.
b. Permitted hours of construction and of deliveries/off-haul. c. Name, e-mail address and direct phone number of the General Contractor. d. Name, e-mail address and direct phone number of the person responsible for managing the project.
e. Name and direct phone number of the p arty to call in case of an emergency.

City of Gilroy Code Enforcement complaint telephone number (408 -846-0264). 108. CONSTRUCTION ACTIVITIES: The following provisions to control traffic congestion, noise, and dust shall be followed during site excavation, gr ading and construction: construction activities shall be limited between the hours of seven am and seven pm Monday through Friday and nine am to seven pm on Saturday.

Construction Activities shall not occur on Sundays or city holidays which include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas.
109. FINAL GRADING AND DRAINAGE PLAN: At the time of building permit plan submittal, the project developer shall submit a final grading and drainage plan prepared by a licensed civil engineer depicting all final grades (with accurate elevations above sea level indicated) and on-site drainage control measures to prevent storm water runoff onto adjoining properties.
110. PAD ELEVATION CERTIFICATION: The applicant and/or developer shall submit a pad elevation certification letter prepared by a licensed land surveyor or registered civil engineer to the Building Official certifying that the pad elevation(s) and building location (setbacks) are pursuant to the approved plans, prior to receiving a foundation inspection for the structure.
111. SITE SURVEY: The applicant shall provide a site survey of entire parcel stamped and signed by a Land Surveyor licensed by the State of California. The survey shall include, but not be limited to, the following: location and dimensions of property line, location of streets and easements, existing buildings, topographic contour lines, trees/landscape, miscellaneous structures, etc. The purpose of the site survey is to accurately verify compliance with items such as setback dimensions, heights of buildings from established contours, compliance with heritage tree ordinance, etc.
112. PERMIT CARD: The stamped, approved, job copy of the plans and permit card DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 447 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 38 ends

shall be located onsite at all times.
113. TITLE 24:The building(s) covered by this approval shall be designed and constructed to the Title 24 Building Standards, including Building, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building and both State and Federal accessibility requirements in effect and as amended by the City of Gilroy at the time of building permit submittal.
114. GREEN BUILDING STANDARDS: The building shall be designed to include the green building measures specified as mandatory in the application checklists contained in the California Green Building Standards Code. The applicant shall incorporate the checklist along with a notation on the checklist to specify where the information can be located on the plans, details, or specifications, etc. All measures will be verified by the Building Inspector at final inspection. 115. GEOTECHNICAL REPORT: The applicant shall provide a stamped, signed, a nd dated soil investigation report containing design recommendations to the Building Official. The classification shall be based on observation and an y necessary tests of materials disclosed by boring or excavations made in appropriate locations.

Additional studies may be necessary to evaluate soil strength, the effect of moisture variation on soil-bearing capacity, compressibility, liquefaction, seismically induced soil liquefaction, soil instability, and expansiveness. Additionally, the applicant shall submit a stamped, signed, and dated letter from the Geotechnical Engineer or Civil Engineer who prepared the soil investigation stating the following:
a. The plans and specifications substantially conform to the recommendations in the soil investigation.
b. The Geotechnical Engineer or Civil Engineer who prepared the soil investigation has been retained to provide soil site observation and provide periodic and final reports to the City of Gilroy.

Prior to final inspection for any building or structure, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall issue a final report stating the completed pad, foundation, finish grading and associated site work substantially conform to the approved plans, specifications and investigations. 116. 1. The project developer is responsible for implementing the following BMPs. a) The project developer shall include erosion control/stormwater quality measures on the project grading plan which shall specifically address measures to prevent soil, dirt, and debris from entering the public storm drain system. Such measures may include, but are not limited to, hydroseeding, hay bales, sandbags, and siltation fences and shall be subject to the review and approval of the City Engineer/Building Official. If DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 448 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 39 ends

no grading plan is required, necessary erosion control/stormwater quality measures shall be shown on the site plan submitted for a building permit and shall be subject to the review and approval of the Building Division.

The project developer is responsible for ensuring that the contractor is aware of and implements such measures.
b) All cut and fill slopes shall be revegetated and stabilized after completion of grading, but in no case later than October 15. Hydroseeding shall be accomplished before September 15 and irrigated with a temporary irrigation system to ensure that the vegetated areas are established before October 15. No grading shall occur between October 15 and April 15 unless approved erosion control/stormwater qualit y measures are in place, subject to the approval of City Engineer/Building Official. Such measures shall be maintained until such time as permanent landscaping is in place.
c) Gather all sorted construction debris on a regular basis and place in the appropriate container for recycling; to be emptied at least on a weekly basis. When appropriate, use tarps on the ground to collect fallen debris or splatters that could contribute to stormwater runoff pollution. d) Remove all dirt, gravel, rubbish, refuse, and green waste from the street pavement and storm drains adjoining the site. Limit construction access routes onto the site and place gravel on them. Do not drive vehicles and equipment off paved or graveled areas during wet weather. Broom sweep the street pavement adjoining the project site on a daily basis. Scrape caked on mud and dirt from these areas before sweeping.
e) Install filter materials (such as sandbags, filter fabric, etc.) at the storm drain inlet nearest the downstream side of the project site in order to retain any debris or dirt flowing in the storm drain system. Maintain and/or replace filter materials to ensure effectiveness and to prevent street flooding.
f) Create a contained and covered area on the site for the storage of cement, paints, oils, fertilizers, pesticides, or other materials used on the site that have the potential of being discharged into the storm drain system by being windblown or by being spilled.
g) Never clean machinery, equipment, tools, brushes, or rinse containers into a street, gutter, or storm drain.
h) Ensure that concrete/gunite supply trucks or concrete/plaster operations do not discharge wash water into a street, gutter, or storm drain. i) Concrete wash area:

I. locate wash out area away from storm drains and open ditches II. construct a temporary pit large enough to store the liquid and solid waste
III. clean the pit by allowing concrete to set
DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 449 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 40 ends

IV. break up the concrete; and then
V. recycle or dispose of properly
j) The project shall comply with the following:

I. Cleaning all on-site storm drains at least twice a year with one cleaning immediately prior to the rainy season. The City may require additional cleanings.

Sweeping regularly but not less than once a month, driveways, sidewalks and paved areas to minimize the accumulation of litter and debris. Corners and hard to reach areas shall be swept manually. Debris from pressure washing shall be trapped and collected to prevent entry into the storm drain system. Wastewater containing any soap, cleaning agent or degreaser shall not be discharged into the storm drain.
117. PORTABLE TOILETS: Portable toilets used during construction shall be emptied on a regular basis as necessary to prevent odor. A containment pan is required under all portable toilets.
118. CONSTRUCTION STORAGE: All construction materials, debris and equipment shall be stored on site. If that is not physically possible, an encroachment permit shall be obtained from the Department of Public Works prior to placing any construction materials, debris, debris boxes or unlicensed equipment in the right - of-way. The placing of portable restroom facilities in the City right -of-way will not be permitted.
119. CONSTRUCTION SITE MAINTENANCE: All portions of the job site shall be maintained in an organized and professional condition. All trash, debris, construction scraps and broken/deteriorated machinery shall be removed from the site at the end of each week. If off loaded construction materi als are not used within 2 weeks, they shall be screened from view. All sidewalks, driveways and public/private roadways fronting the subject site shall be broom cleaned at the end of each business day.
120. PLAN MODIFICATIONS: Acceptance of the plans does not release the developer from correction of mistakes, errors, or omissions contained therein. If, during the course of construction, the public interest requires a modification or a departure from these accepted plans, the City shall have the authority to re quire such modifications or departure and specify the manner in which the same is to be made.

FIRE PREVENTION CONDITIONS
121. Fire Department Access – Using Autoturn vehicle pathway tracking software, DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 450 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 41 ends

demonstrate that large vehicles (e.g. fire ladder truck, garbage trucks, school buses) can navigate into, throughout, and out of this development. Show offsite and onsite, ingress, egress, and onsite navigation. Please note that the proposed plans indicate 24 foot wide roads will serve the development. Please review the Engineering Department’s design standards for roadways. Fire Apparatus shall not be required to cross to the opposite side of a street as part of a turn on that street or onto another street. Dead end streets in excess of 150 feet shall be provided with a cul-de-sac of 78’diameter unless they qualify for use of an alternative turn around standard. See the Fire Department approved dead end turn around standards.
122. For roads less than 28 feet in width, no vehicle street parking is allowed. Because of this, the HOA shall develop enforceable conditions such t hat the garage and driveways shall be available to accommodate all vehicle parking. 123. Gates & Fencing – Gates and fencing were not shown on the plans submitted.

There has been some discussion about security for this project. If the project designer decides to install gates and fences, then Fire Prevention and Engineering Department requirements will need to be met.
124. The plan reviewer could only locate one fire hydrant shown on the plans for the proposed 53,946 square feet of new structures. For future plan s submitted to the City of Gilroy, show public and private fire hydrants distributed throughout the proposed development in a logical fashion. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any building. Offsite improvement plan shall provide Fire Hydrants per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials. 125. All buildings shall be provided with water meters and water laterals sized for the type and size of building being proposed. All buildings shall have a fire sprinkler system using the current and appropriate NFPA standard based on the building type and size. All fire sprinkler systems shall be designed using the hydraulic calculation method. Request a fire hydrant flow test from Deputy Fire Marshal Jonathan Crick by contacting him at [email protected] and/or 408-846- 0436.
126. Traffic calming devises shall be prohibited unless approved by the Fire Chief and Fire Marshal.
127. Open Spaces, including storm water detention/retention basins, landscaped and naturally vegetated areas shall have vegetation management to remove dead DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 451 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 42 ends

plants and debris, and to remove, disc or mow weeds during weed abatement season from April to November of each year. In HOA managed areas, the HOA shall be responsible. For privately owned property it shall be performed by the property owner.

VALLEY WATER CONDITIONS OF APPROVAL
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. 128. Verify the bearings provided in Sheet 2 of Mid Coast Engineers’ surve y map; more specifically, the bearing provided for the southerly property line. This appears to be inconsistent with the bearing provided in Valley Water’s easement deed for the future South County Recycled Water Line. Review the shared property line between the proposed development and Valley Water’s right of way. The Applicant’s response indicating that ALTA was “provided by a licensed surveyor” does not adequately justify the noted inconsistency for the shared property line. 129. Show and label Valley Water’s two easements on the Alta survey and all other plan sheets where there are proposed improvements.
130. Fencing shall be maintained along the property line to prevent people from climbing up onto the existing levee. Show the fence in the cross sections provided on Sheet C1.1; details for the fence should also be provided. 131. Provide details for proposed retaining wall shown on Sheet C1.0. A cross section and detail should be provided to show that the entire retaining wall, including the footing, is within the limits of the subject property.
132. Show existing and proposed grades along the property line to ensure that there are no impacts to the levee, or the drainage pattern next to the levee. 133. Valley Water owns a Temporary Construction Easement (TCE) within p ortions of APN 799-44-109 and 799-44-110. Please be advised that no construction, grading, or improvements shall take place until such time that the temporary construction easement is extinguished. According to the TCE deeds: “The easement is necessary for the purpose of constructing the South County Recycled Water Pipeline Project and related activities incident to construction. This temporary construction easement shall not be revoked and shall continue in full force and effect until such time the construction of the South County Recycled Water Pipeline Project has been completed at which time the temporary construction DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 452 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 43 ends

shall terminate.”
134. Sheet C1.0 shows a concrete walkway which crosses the length of Valley Water’s water pipeline easement. As per the easement deed, the “easement area shall be kept clear of any type of building, fences, structure, pavement, or trees unless prior written approval is obtained from [Santa Clara Valley Water] District.” Staff would like to reiterate that a Valley Water encroachment permit will need to be issued for the proposed improvements in this area. Issuance of an encroachment permit are subject to the applicant demonstrating the improvements will not adversely impact Valley Water facilities or access for construction, o peration, and/or maintenance of its facilities.
135. On Sheet L-1.0, Valley Water recommends the complete removal of the olive trees (Olea europaea) as their seedlings are invasive on creeks. According to the Guidelines and Standards for Land Use Near Stream s (G&S), Design Guide 3, Section 1.C.2, Olea europaea is listed as an invasive species that should be avoided. Furthermore, Design Guide 4, Section 1.C, states that invasive, non - native species should not be planted near streams.
136. Sheet L-2.0 of the landscaping plans show Western Sycamore (Platanus racemosa) as one of the proposed tree plantings. Valley Water would like to note that recent studies in Coyote Valley have shown that many Western Sycamores could be a non-local ecotype or undesirable hybrid species. According to the G&S, Design Guide 2, Sections 1.B and 1.C, plantings that have been “propagated from seeds, cuttings or divisions collected from the same local creek or watershed” should be used.
137. Sheet L-2.0 of the landscaping plans shows proposed plantings within the limits of the TCE and pipeline easement noted in Commen t #5 and #6, respectively. Valley Water currently has an ongoing capital project to expand the recycled water line through the subject parcel. Consequently, the TCE should be ke pt clear until construction in this area has been completed.
138. Sheet L-2.0 of the landscaping plans currently show a proposed tree planting within Valley Water’s pipeline easement. To avoid potential damage and maximize access to the pipeline, trees should not be planted within the easement area.

Plantings within the easement area must be limited to low lying ground cover plants which do not consist of shrubs or trees. A Valley Water approval and permit is required for any proposed improvements within the easement. 139. The lighting plans prepared by AGi32 show trees within Valley Wate r’s fee title; please clarify if these are existing trees. There should be no proposed trees on DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 453 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

Resolution No. 2022-16

Page 44 ends

Valley Water right of way.

DocuSign Envelope ID: D412902E-F67E-483C-A2CF-6A7EFF07CDFF

9.3.e
Packet Pg. 454 Attachment: Planning Commission Resolutions and Staff Report [Revision 1] (4030 : Royal Way Townhomes)

ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF GILROY APPROVING A PLANNED UNIT

DEVELOPMENT OVERLAY ZONING AMENDMENT FOR
PROPERTY LOCATED ON ROYAL WAY APN: 790-44-93,
94, 95, 96, 97, 98, 101, 109 & 110, GILROY, CA 95020 (FILE NUMBER Z 21-05)

WHEREAS, on October 4, 2021, Michael Cady, Third Millennium Partners, and property owner Paul Sanders, TMP Royal Way, LLC filed applications requesting architectural and site review, tentative map, and planned unit development rezoning to permit a 45-unit townhome project on the subject 3.37 acre vacant in-fill site located on Royal Way and the Uvas Creek Trail; and

WHEREAS, on July 29, 2022, the application submittal was accepted as complete; and

WHEREAS, the project has been reviewed and determined to qualify for an infill exemption under the California Environmental Quality Act, pursuant to section 15332 of the CEQA Guidelines, and no further environmental analysis is required, as follows:

i) The project is consistent with the applicable general plan medium density land use designation, all applicable general plan policies that promote attached medium density development of the site as proposed, and CEQA Guidelines Section 15183 that states the no additional environmental review is for a project consistent with the general plan where there are no particular project -specific significant effects.
ii) The project is substantially consistent with the base R3 zoning designation and regulations, with the flexibility to the zoning standards that have been considered and approved through the PUD overlay process in order to permit attached townhome development consistent with the General Plan. iii) The proposed development occurs within city limits on a project site of no more than five acres which is substantially surrounded by urban uses. iv) The site has no value as a habitat for endangered, rare, or threatened species. v) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality and proposes development anticipated by the General Plan and General Plan EIR.
vi) The site can be adequately served by all required utilities and public services which ae available at the street frontage.
vii) There are no significant effects peculiar to this site which is a vacant infill site that was previously approved for residential development and has no unique constraints or habitat conditions.

9.3.f
Packet Pg. 455 Attachment: Proposed Ordinance (4030 : Royal Way Townhomes)

Ordinance No. 2022-XX
Planned Unit Development Zoning Amendment Z 21-05; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 2 of 4 ends

WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a duly noticed public hearing on the project, independently considered the environmental determination, considered the Planned Unit Development request (Z 21-05) and related entitlements in accordance with the Gilroy Zoning Ordinance, staff report, and all evidence received including written and oral public testimony and recommended approval of the project to the City Council; and

WHEREAS, the Planning Commission concurrently reviewed and recommended to the City Council approval of Architectural and Site Plan Review application AS 21-17, which serves as the approved PUD development plan, to assure that quality design elements and public amenities are included as required for development within the PUD overlay; and

WHEREAS, the Planning Commission concurrently reviewed and recommended to the City Council approval of the Vesting Tentative Map application TM 21-04, as necessary to subdivide the property into individual townhome lots for sale consistent with the PUD rezoning and development plan approvals; and

WHEREAS, the Planning Commission of the City of Gilroy determined that the proposed Planned Unit Development Zoning Map Amendment (Z 21-05) meets the findings for approval and recommended that the City Council approve application Z 21-05, subject to Conditions of approval.

WHEREAS, the City Council held a duly noticed public hearing on November 21, 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 21-05 and related entitlements; 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 City Clerk’s Office.

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

SECTION I
The City Council finds pursuant to Gilroy Municipal Code Chapter 30.26 and Article LII that:

A. The R3PUD overlay conforms to the applicable Gilroy General Plan in that it promotes attached medium-density residential development at 13.35 units per acre, consistent with the Medium Density Residential land use density of 8 to 20 units per acre.

9.3.f
Packet Pg. 456 Attachment: Proposed Ordinance (4030 : Royal Way Townhomes)

Ordinance No. 2022-XX
Planned Unit Development Zoning Amendment Z 21-05; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 3 of 4 ends

B. The PUD overlay amendment is necessary in order to carry out the applicable general plan goals and policies in that it would provide an attached housing ownership option that complies with applicable multi-family objective design standards, provides a type of development that would integrate well within the existing neighborhood which contains a mixture of multi-family and single- family development, and meets the medium density general plan land use density established for the site.

C. The PUD overlay amendment is necessary in order to carry out the general purpose of the Zoning Ordinance in that it would promote the development of high quality, medium density, ownership housing options within the City.

D. As required by the overlay combining district, Architectural and Site Review Permit AS 21-17 has been submitted and considered concurrently to establish the PUD development plan for this PUD overlay zoning amendment, and findings have been provided to support the amendment and development plan as required pursuant Section 30.50.50.

SECTION II
The Planned Unit Development Overlay Zoning Amendment (Z 21-05) for property located on Royal Way, Assessor Parcel No’s 799-44-93, 94, 95, 96, 97, 98, 101, 109 and 110, within the City of Gilroy R3 Medium Density Residential zoning district is hereby approved subject to the following conditions:

1. The development approval shall be implemented consistent with the plans and materials submitted for concurrent applications AS 21-17 and TM 21-04.

Should these related entitlements expire, the property may otherwise develop under the R3 base zoning regulations.

2. The approval is subject to all, restrictions and requirements established in Gilroy City Code Section 30.50.26 and 30.50.50 which address modifications, time limits, violations and revocations, and revisions.

SECTION III
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 of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION IV 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.

9.3.f
Packet Pg. 457 Attachment: Proposed Ordinance (4030 : Royal Way Townhomes)

Ordinance No. 2022-XX
Planned Unit Development Zoning Amendment Z 21-05; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 4 of 4 ends

INTRODUCED the 21st day of November, PASSED AND ADOPTED this 5th day of December 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

9.3.f
Packet Pg. 458 Attachment: Proposed Ordinance (4030 : Royal Way Townhomes)

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A VESTING TENTATIVE MAP TO APPROVE A 45 UNIT
TOWNHOME PLANNED DEVELOPMENT ON 3.37 ACRES AT ROYAL
WAY, APN 799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110, GILROY, CA 95020 (FILE NUMBER TM 21-04)

WHEREAS, on October 4, 2021, Michael Cady, Third Millennium Partners and, property owner Paul Sanders, TMP Royal Way, LLC filed applications requesting architectural and site review, tentative map, and planned unit development rezoning to permit a 45-unit townhome project on the subject 3.37 acre vacant in-fill site located on Royal Way and the Uvas Creek Trail; and

WHEREAS, on July 29, 2022, the application submittal was accepted as complete; and

WHEREAS, pursuant to Gilroy City Code Chapter 21 Subdivisions, the Planning Commission must recommend and City Council must approve a vesting tentative map application; and

WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a duly noticed public hearing on the project, independently considered the environmental determination and the zoning and land use entitlements in accordance with the Gilroy Zoning Ordinance, considered the staff report, and all evidence received including written and oral public testimony and recommended approval of the project to the City Council with conditions; and

WHEREAS, the City Council held a duly noticed public meeting on November 21, 2022, at which time the City Council received and considered the staff report as well as well as all evidence, including written and oral public testimony related to the Tentative Parcel Map TM 21-04; and

WHEREAS, the City Council of the City of Gilroy has determined that the project qualifies for an infill exemption under the California Environmental Quality Act, pursuant to section 15332 of the CEQA Guidelines, and no further environmental analysis is required; 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, are located at the City Clerk’s Office.

NOW, THEREFORE, BE IT RESOLVED THAT in order to recommend denial of the proposed Tentative Parcel Map, the City 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 seven findings are listed below, along with an explanation for each one as to why the Council cannot make the finding:

9.3.g
Packet Pg. 459 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | August 1, 2022

Page 2 of 7 ends

1. That the proposed subdivision is not consistent with applicable general and specific plans as specified in Gov. Code Section 65451.

This finding for denial cannot be made. The proposed map is consistent with the general plan medium-density land use designation and general plan policies that require attached housing in the medium-density residential land use designation and promote home ownership options.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

This finding for denial cannot be made. The design or improvement of the proposed subdivision is generally consistent with the goals of the Gilroy 2040 General Plan and no Specific Plan applies to this property or proposed development. The design of the proposed subdivision is also consistent with the Gilroy Mixed-use Residential and Multi- family Residential Objective Design Standards Policy.

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 the type of development as it consists of a flatland area that is not in a flood-prone location, does not have any unique physical or environmental constraints, and is designated for medium- density land use at and the project is within the 8 to 20 unit per acre density.

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 the proposed density because the proposed development has been designed in conformance with the Gilroy 2040 General Plan density allowance and the City’s Zoning Ordinance, Subdivision Ordinance, and Land Development Code.

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

This finding for denial cannot be made. The design of the subdivision or the proposed improvements are unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as the site has no creeks, streams, wetlands or any other physical or environmental constraints and qualifies for an infill exemption pursuant to section 15332 of the California environmental quality act.

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 subdivision or type of improvements is not likely to cause serious public health problems given that the utilities for the development are immediately adjacent along the Royal Way frontage and will be extended into the site under valid grading and encroachment permits.

9.3.g
Packet Pg. 460 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | August 1, 2022

Page 3 of 7 ends

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by the 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 subdivision or the type of improvements as proposed and conditioned will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

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 21-04, subject to the conditions included as Attachment A.

PASSED AND ADOPTED this 21st day of November 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

9.3.g
Packet Pg. 461 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | August 1, 2022

Page 4 of 7 ends

ATTACHMENT A

STANDARD CONDITIONS OF APPROVAL
TM 21-04

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

3. HOMEOWNERS’ ASSOCIATION: 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.

4. 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.

PUBLIC WORKS DEPARTMENT
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.

5. PARCEL MAP: It shall be the applicant's responsibility to have a parcel 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 parcel map shall be approved by the Department of Public Works and recorded with the County Recorder’s Office prior to the issuance of any City permits. A parcel map guarantee shall be submitted to the City, by the applicant’s title company, prior to release of the parcel 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

9.3.g
Packet Pg. 462 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | August 1, 2022

Page 5 of 7 ends

their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after City approval. (PUBLIC WORKS)

6. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a public improvement agreement with the City per Gov. Code Section 66462(a) and shall arrange to provide Payment and Performance bonds each for 100% of the cost of public infrastructure improvements to be constructed in the public right-of-way. These improvements shall include, but not be limited to, roadway construction, sidewalk, curb and gutter, water lines, storm lines, sewer lines, street lights, and signal equipment. City Standard insurance shall be provided per the terms of the agreement. The agreement will be forwarded to the City Council for approval with project (parcel or final) map. The PIA shall be approved by the City Council prior to the issuance of the project building permit. (PUBLIC WORKS)

8. 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)

9. 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)

9.3.g
Packet Pg. 463 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | August 1, 2022

Page 6 of 7 ends

11. 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 Type II slurry/microsufacing to all streets, and apply final street markings, per the approved plans, in thermoplastic to Caltrans Standards. All Type II slurry/microsurfacing and final striping shall be to the approval of the City Engineer. (PUBLIC WORKS)

12. 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)

13. 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;

9.3.g
Packet Pg. 464 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | August 1, 2022

Page 7 of 7 ends

4. List of stormwater facilities inspected;

5. Condition of each stormwater facility inspected;

6. Description of any needed maintenance or repairs; and

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

9.3.g
Packet Pg. 465 Attachment: Draft Resolution - TM 21-04 (4030 : Royal Way Townhomes)

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GILROY APPROVING AN ARCHITECTURAL AND SITE
REVIEW PERMIT TO APPROVE A 45 UNIT TOWNHOME
PLANNED DEVELOPMENT ON 3.37 ACRES AT ROYAL
WAY, APN 799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110, GILROY, CA 95020 (FILE NUMBER AS 21-17)

WHEREAS, on October 4, 2021, Michael Cady, Third Millennium Partners and property owner Paul Sanders, TMP Royal Way, LLC filed applications requesting architectural and site review, tentative map, and planned unit development rezoning to permit a 45 unit townhome project on the subject 3.37 acre vacant in-fill site located on Royal Way and the Uvas Creek Trail; and

WHEREAS, on July 29, 2022, the application submittal was accepted as complete; and

WHEREAS, the Planning Commission of the City of Gilroy has reviewed the PUD overlay zoning amendment Z 21-05 by separate resolution, to assure that quality design elements and public amenities are included as required for development within the PUD overlay; and

WHEREAS, the City Council has concurrently reviewed the vesting tentative map application TM 21-04, as necessary to subdivide the property into individual townhome lots for sale consistent with the PUD rezoning and development plan approvals; and

WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a duly noticed public hearing on the project, independently considered the environmental determination and the zoning and land use entitlements in accordance with the Gilroy Zoning Ordinance, considered the staff report, and all evidence received including written and oral public testimony and recommended approval of the project to the City Council, with certain recommended changes as discussed in the staff report to the City Council; and

WHEREAS, the City Council held a duly noticed public meeting on November 21, 2022, received and considered the staff report as well as all evidence received including written and oral public testimony related to the project AS 21-17; 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 City Clerk’s Office.

NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 30.50.50 the City Council of the City of Gilroy hereby finds as follows:

9.3.h
Packet Pg. 466 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 2 of 41 ends

1. The PUD development plan conforms to the Gilroy general plan in terms of general location and standards of development in that it proposes attached housing at 13.35 units per net acre which complies with the medium density residential range of 8 to 20 units per net acre, and the housing will integrate with the existing neighborhood which is primarily comprised of two story multi-family and single-family homes.

2. The PUD development plan provides the type of development which will fill a specific need of the surrounding area, in that it promotes additional home ownership opportunities within the City as an option to the more predominant single family housing supply.

3. The project would not require urban services beyond those which are currently available at Royal Way to serve the infill development site.

4. The project would provide a harmonious, integrated plan for an attached housing product that will integrate with the neighborhood, implement the desired density, and provide desired amenities, which justifies the few minor exceptions requested for exterior boundary side yard and front yard setbacks to the normal requirements of the R3 zoning district.

5. The project reflects an economical and efficient pattern of site development by providing a mix of two and three bedroom units approximately 1,200 to 1,300 square feet in size that comply with density, open space, landscaping, parking and height standards and integrate with the neighborhood development pattern.

6. The project would include greater provisions for landscaping and open space than would generally be required in that the project includes private yard areas for each home exceeding the 150 square foot minimum, minimum patio, porch and balcony areas that exceed the 48 square foot area, active and passive recreation areas that significantly exceed the 1,200 sf combined total required, and landscaping and maintenance of property on the Gilroy High School would be included to ensure the area would be visible and attractive.

7. The project would utilize creative, aesthetic design principles to create attractive buildings, open space and site design to blend with the character of surrounding areas in that the project includes stepbacks and setbacks from adjacent residences with perimeter walkways to provide for increased privacy and open space between the adjoining units, and attractive buildings that would face the Uvas Creek Trail and Royal Way frontage so that the buildings do not back onto public space.

8. The project would not create traffic congestion, noise, odor, or other adverse effects on surrounding areas, as the project consists of a small infill development in an existing residential neighborhood that would not generate a significant or unusual number of vehicle trips.

9.3.h
Packet Pg. 467 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 3 of 41 ends

9. The project would provide adequate access, parking, landscaping, trash areas and storage, as necessary as these features have been planned for an integrated into the plan in compliance with standards.

10. The project proposes art as an additional public amenity consistent with the intent of the PUD overlay district as well as the City of Gilroy Multifamily Objective Des ign Standards.

NOW, THEREFORE, BE IT FURTHER RESOLVED that pursuant to Section 30.50.40 the City Council of the City of Gilroy hereby finds as follows:

1. The medium density development is in accordance with the general plan land use designation and applicable policies as discussed in the PUD plan finding 1 above.

2. The land use is in harmony with the surrounding environment as the size, placement, orientation and design of homes would compatible with the type and scale of existing development in the neighborhood which includes two story single and multifamily development, units face onto public areas and open spaces, the buildings and landscaping details provide detailed architecture and dense landscaping with trees, and the project will promote private home ownership in the area.

3. The project has been reviewed to ensure traffic, signs, site development, landscaping, drainage, fire protection and environmental impacts were adequately evaluated by all departments and the project meets or exceeds the standards as discussed in the detailed project staff report.

4. Conditions have been included as part of the approval to ensure construction of the project including landscaping, trash areas, lighting, screening design quality will be maintained and remain covered by these findings.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Gilroy hereby approves application AS 21-17, subject to the conditions included as Attachment A.

9.3.h
Packet Pg. 468 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 4 of 41 ends

PASSED AND ADOPTED this 21st day of November 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

9.3.h
Packet Pg. 469 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 5 of 41 ends

ATTACHMENT A

CONDITIONS OF APPROVAL
AS 21-17

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

1. APPROVED PROJECT: The approval for AS 21-17 is granted to construct 45 two story townhomes in 11 buildings with associated parking, landscaping, amenities and site improvements located on the 3.37 acres of land at Assessor Parcel No. 799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110,as shown on Project Plans dated 4/26/22 3rd planning submittal for Royal Way Townhomes prepared by Hochhauser Blatter Architecture and Planning, BFS Landscape Architects and Civil Design Studio, and consisting of 49 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. PERMIT EXPIRATION: The expiration date of this approval shall be concurrent with the Vesting Tentative Map TM 21-04. If building permits have not been obtained within 12 months after the Final Map is recorded, the approval shall be deemed automatically revoked. Upon application, an extension of time may be granted by the Community Development Director or designee. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code.

9.3.h
Packet Pg. 470 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 6 of 41 ends

and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process.

6. 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.

7. SINGLE-PHASE DEVELOPMENT: Construction of the project shall be done in a single-phase unless a phased construction project schedule is approved by the Community Development Director or designee.

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. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall certify in writing that the architectural design shown in the building permit plans match the plans approved by the Community Development Director or designee/Planning Commission/City Council. Any changes must be clearly noted. The project architect shall also certify that the structural plans are consistent with the architectural plans. In the event of a discrepancy between the structural plans and the architectural plans, the architectural plans shall take precedence, and revised structural drawings shall be submitted to the Building Division.

10. COLORS AND MATERIALS: Plans submitted for building permit applications shall include all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type (e.g. stucco with sand finish, plaster with smooth finish) to be used in construction.

11. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior to initiating any new construction or modifications authorized under this approval, including but not limited to temporary construction trailers, temporary staging areas, model home sales offices, advertising signs of any kind, exterior and interior modifications. Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable.

12. OTHER REVIEW AGENCIES: This project requires review and approval by outside agencies including, but not limited to [REVIEWING AGENCIES]. Proof of approval from

9.3.h
Packet Pg. 471 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 7 of 41 ends

these agencies may be required prior to building permit issuance, inspections, or prior to Certificate of Occupancy.

13. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit, Developer shall obtain a Habitat Permit HP 21-13 and pay all applicable mitigation fees. (See 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.

15. GARAGE DOORS: Developer shall provide automatic garage door openers for all garages. All garage entries closer than 23 feet to the front property line shall be equipped with a sectional roll-up garage door.

16. FENCES AND WALLS: All fencing and walls are to be shown on construction drawings submitted for building permit, consistent with the details shown on sheet A 4.5.

19. SCREENING OF APPERTUNANCES: Developer shall show on construction drawings details of screening for all exterior equipment, including but not limited to mechanical equipment, post indicator valves, backflow prevention devices, utility meters, mailboxes and address directories, etc. Ground mounted utility appurtenances such as transformers shall not be visible from any public right-of-way and shall be adequately screened through the use or combination of concrete or masonry walls, berms, and landscaping.

9.3.h
Packet Pg. 472 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 8 of 41 ends

Details of the roof equipment and roof screens shall be included in the building permit drawings and approved by the Community Development Director or designee.

22. ADDRESS DIRECTORIES: Address directories shall be placed in decorative cabinets and clustered for efficient access by residents and service persons, etc.

23. PLAY STRUCTURE: Provisions for a children’s play yard, including appropriate equipment, shall be included on the landscape plans to be approved by the Community Development Director or designee, and installed prior to any occupancy. The provisions of such facilities and their location must be included in sales information to prospective buyers.

25. LANDSCAPE AND LIGHTING PLAN: A combined landscape and lighting plan shall be included to verify all project onsite lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns.

26. LANDSCAPING: Prior to building permit issuance, proposed landscaping shall be shown on the site plan and submitted with the construction drawings for review and approval by the Community Development Director or designee, which substantially comply with approved plans except as conditioned herein.

28. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant species, such as those listed by the California Invasive Plant Council.

9.3.h
Packet Pg. 473 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 9 of 41 ends

29. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building permits or initiation of the proposed use, whichever comes first, Developer shall submit a completed Landscape Documentation Package, including a soil analysis/management report along with appropriate application review fees, to the Community Development Department, including required documentation for compliance verification, and obtain approval of such plans.

31. TREE SPECIES: Olive tree species shall be replaced with a less invasive tree, to avoid seedlings entering the creek channel.

32. TREE LOCATIONS: Trees shall be removed from the Valley Water pipeline easement.

This potentially impacts three trees located behind Building D and the recreation lot.

33. PLANNED UNIT DEVELOPMENT AMENITIES: In compliance with the Planned Unit Development Combining District (City Code 30.26), the Developer is required to provide a higher standard of amenities than a standard development. The Developer has proposed to landscape unused property on the adjacent high school site, provide increased active and passive recreation and open space areas in the complex, and a location for public art near the community gazebo. Final details of the amenities must be reviewed and approved during building permit review and completed prior to occupancy of the first unit.

34. PUBLIC ART: Prior to issuance of building permits, submit a process, timetable, and evidence of commitment acceptable to the City to ensure installation of a suitable, significant piece of public-oriented sculpture or similar public art installation prior to occupancy. This shall include involving the Community Development Director or designee in reviewing preliminary concepts, artist, and type of work. All public art must be reviewed and approved by the City of Gilroy Arts and Culture Commission.

35. PLAN REVISIONS: The project plans shall incorporate the following revisions:

1. Garage Doors: Add a top panel that includes windows.

2. Garage Doors: Lighten the paint color on the garage doors.

3. Neighbors:
a. Privacy – install a solid 8’ good-neighbor fence along the PL of Antonio Ct. lots pending approval by CC
b. Privacy – in front yards of Bldg. E that will face neighboring backyards install 24” box trees in this area.
c. Dust - increase daily watering from “two” to “three” times-a-day during grading (as specified in revised standard COA 42a below).

9.3.h
Packet Pg. 474 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 10 of 41 ends

The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs first, or as otherwise specified in the condition.

36. ON- AND OFF-SITE IMPROVEMENTS: Prior to occupancy, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions.

37. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate of occupancy or building permit final sign-off, Developer shall complete installation of all landscaping and irrigation in accordance with the approved plans.

38. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation of the proposed use, or completion of each build-out phase of development, Developer shall submit a signed Certificate of Completion, along with all necessary supporting documentation and payment to the Community Development Department, for compliance verification of the landscape installation. Developer is required under the Model Water Efficient Landscape Ordinance (MWELO) to provide a copy of the approved Certificate of Completion to the property owner or his or her designee.

39. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required for the foundation, framing, application of exterior materials, and final completion of each structure to ensure that the construction matches the approved plans.

40. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall remove all construction materials, debris, and vehicles from the subject property.

The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition.

41. CONSTRUCTION RELATED NOISE: To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site

“During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site:

9.3.h
Packet Pg. 475 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 11 of 41 ends

c. Construct sound walls or other noise reduction measures prior to developing the project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.”

42. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction- related impacts to air quality, Developer shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) and shall include the following language on any grading, site work, and construction plans issued for the project site

“During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site:

a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered three times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator; and
h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take

9.3.h
Packet Pg. 476 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 12 of 41 ends

corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.”

43. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following:

a. Contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; b. Contractor will stockpile soil during development activities to allow for proper characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor emissions with appropriate filed screening instrumentation;
d. Contractor will water/mist soil as it is being excavated and loaded onto transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing winds; and
f. Contractor will cover the bottom of excavated areas with sheeting when work is not being performed.

44. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50’ of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards.

45. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site:

“If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional

9.3.h
Packet Pg. 477 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 13 of 41 ends

archaeologist and implemented by the responsible party.”

46. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans:

“If human remains are found during earth-moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.” The following conditions shall be complied with AT ALL TIMES that the use permitted by this entitlement occupies the premises.

47. ADDITIONS, ACCESSORY BUILDINGS, AND PATIO COVERS: Building additions and patio covers shall conform to the zoning district or PUD approval, as applicable.

48. GARAGE USE: Garage spaces shall be maintained for resident parking. Storage is permitted in designated areas on the plan, and shall not prevent use of garage for required vehicle parking.

49. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall maintain landscaping and irrigation in accordance with the approved plans, except as otherwise permitted or required by law. Significant changes to the number, placement, and selection of plant species may require a modification to this approval, to be determined by the Community Development Director or designee.

9.3.h
Packet Pg. 478 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 14 of 41 ends

PUBLIC WORKS DEPARTMENT
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.

50. 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).

51. PLAN SUBMITTAL: The Site Improvements engineering project plans shall be submitted to Public Works, Land Development Section, in full, per the Public Works Engineering Submittal Checklist available on the City’s website under Land Development or by contacting the Public Works Engineering Project Manager assigned to this project.

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. Plans and all required documents (per the Public Works Land Development Submittal Checklist) shall be made by appointment only by contacting the Public Works Project Manager assigned to this project. 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

9.3.h
Packet Pg. 479 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 15 of 41 ends

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 pl an 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 th e 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 betwe en 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. This sheet recommended to be provided by the Civil Engineer.
n. All Solid Waste Vehicle circulation movements shall be modeled and shown on a

9.3.h
Packet Pg. 480 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 16 of 41 ends

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 necessarily exposed to) traffic or in a driveway, including sanitary sewer and/or water meter boxes, shall have traffic- rated boxes and lids;
q. All on-site recycled water system improvements, including appurtenances, shall be located within a PSE. (PUBLIC WORKS)

52. UTILITY PLANS: A utility plan shall be provided and included as part of the site improvements package 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)

53. UTILITY RESPONSIBILITIES: Storm and sewer utilities in private areas shall be privately owned and privately maintained. The water system in Gilroy is owned and maintained by the City. 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)

9.3.h
Packet Pg. 481 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 17 of 41 ends

54. 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 t he improvement plans. (PUBLIC WORKS)

55. 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)

56. 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 to Public Works, Land Development Section. The manual can be found at the following site: www.cityofgilroy.org/261/Storm-Water-Management (PUBLIC WORKS)

57. 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)

58. 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)

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

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

60. WATER CONSERVATION: The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. This project shall apply for a recycled water use permit, by sending a request to Saeid Vaziry, Senior Civil Engineer, [email protected], 408-846-0492. Project information to be provided includes, but not limited to: Site plan, proposed connection point in the rec water system, volume of water need, duration (what months), time of days. (PUBLIC WORKS)

9.3.h
Packet Pg. 482 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 18 of 41 ends

61. 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 De sign 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 lev el 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)

62. 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)

63. 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)

64. 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)

65. REPAIR OF PUBLIC IMPROVEMENTS: The applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are

9.3.h
Packet Pg. 483 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 19 of 41 ends

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)

66. 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)

67. 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

68. 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)

69. GEOTECHNICAL ENGINEER: Prior to improvement plan approval, 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.

9.3.h
Packet Pg. 484 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 20 of 41 ends

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)

70. 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)

71. 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 topographic surveys or by potholing if survey data is not able to provide accurate data on critical conforms or points of connection. 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

9.3.h
Packet Pg. 485 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 21 of 41 ends

minimum, the following items: (PUBLIC WORKS)
a. 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.

b. SIDEWALK: The applicant shall remove and replace all sidewalk surrounding the project site to City standards. Sidewalk replacement shall be constructed per the City Standard Drawings.

c. CURB AND GUTTER: The applicant shall replace any damaged and non-City Standard curb and gutter surrounding the project site. The actual amount of curb and gutter to be replaced shall be determined by the Public Works Construction Inspector in the field prior to construction. New curb and gutter shall be constructed per the City Standard Drawing STR-12.

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

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

9.3.h
Packet Pg. 486 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 22 of 41 ends

i. STORM WATER CATCH BASIN(S): The applicant shall install standard storm water catch basins, in accordance with the City Standard Drawings.

j. STREET TREES: The applicant shall install street trees along the project frontage in accordance with the City Standards.

k. STREET LIGHT(S):
i. The applicant shall provide and install standard aluminum electrolier street light(s) 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.

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

72. UTILITIES: All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted to the City prior to installation. (PUBLIC WORKS)

73. STREET LIGHTING STANDARDS: The applicant shall submit photometric plans for parking lots, driveways, circulation areas, aisles, passageways, recesses, and publicly- accessible grounds contiguous to all buildings showing lighting levels to Illuminating Engineering Society (IES) Standards. The lighting system shall be designed as to limit light spill beyond property lines and to shield the light source from view from off site. The photometric plan shall be approved by the City Engineer or their designee, and 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

9.3.h
Packet Pg. 487 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 23 of 41 ends

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)

74. 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)

75. FLOOR DRAINS: All floor drains shall be plumbed to connect to the sanitary sewer system and shall not be connected to stormwater collection system. The plumbing connections shall be shown on the plans to the approval of the City Engineer. (PUBLIC WORKS)

76. 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)

77. GARBAGE/RECYCLE STORAGE AND SERVICE: The applicant shall provide an adequate area for the purposes of storing garbage and recycling collection containers for

9.3.h
Packet Pg. 488 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 24 of 41 ends

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

78. 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.

79. 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)

80. 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)

81. ADDRESS PLAN: The applicant shall submit to the Public Works Department a proposed

9.3.h
Packet Pg. 489 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 25 of 41 ends

street naming street address plan. Applicant shall contract 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 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)

82. 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. 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)

83. STREET TREE DEVELOPMENT IMPACT FEE: The applicant shall pay a fee to provide 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 $1,398.40. This fee is only an estimate based on the planning documents provided. The actual impact fee will be calculated based on the final 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)

84. 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 $3,092.60. This fee is only an estimate based on the planning documents provided. The actual impact fee will be calculated based on the final 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)

85. 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 $322,920.00. This fee is only an estimate based on the planning documents provided. The actual impact fee will be calculated based on the final building permit plans submitted, and

9.3.h
Packet Pg. 490 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 26 of 41 ends

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)

86. 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 $82,935.00. This fee is only an estimate based on the planning documents provided. The actual impact fee will be calculated based on the final 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)

87. 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 $474,660.00. This fee is only an estimate based on the planning documents provided. The actual impact fee will be calculated based on the final 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)

88. 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 $856,260.00. This fee is only an estimate based on the planning documents provided. The actual impact fee will be calculated based on the final 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)

89. PUBLIC STORMWATER MANAGEMENT IMPACT FEE: The applicant shall pay a fee for the initial set up of each stormwater postconstruction BMP and an annual administration and monitoring fee associated with soliciting, accepting, and entering each postconstruction BMP inspection and monitoring report to comply with mandated state reporting. The estimated impact fee, based on the approved plans, is $1,200.00. This fee is only an estimate based on the planning documents provided. The actual impact fee will be

9.3.h
Packet Pg. 491 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 27 of 41 ends

calculated based on the final 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)

90. 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)

91. JOINT TRENCH PLANS: The developer shall submit a joint trench plan set at initial improvement plan submittal. The joint trench plans shall show all joint trench boxes outside of the sidewalk path of travel. All proposed meter pedestals and above ground facilities shall be at least 3-ft clear from the back of sidewalk in private streets and 5-ft clear from back of sidewalk in public streets. The joint trench plans shall include a typical detail from the face of curb to the back of the easement showing the joint trench and boxes relative to the sidewalk.

92. DRIVEWAY APPROACHES: The proposed driveway approaches design along the Royal way frontage between buildings K, H, & G shall be designed per City Standard.

Driveways shall be designed to not affect or impact street or public right of way operation, queuing, maneuver, delay, passenger vehicles, emergency vehicles, pedestrian. (PUBLIC WORKS)

93. PRIVATE DRIVEWAYS: The proposed driveways between buildings K, H, & G shall be designed per City Standard to maintain full ingress egress at all times (2-way traffic).

Driveways shall be designed to not affect or impact street or public right of way operation, queuing, maneuver, delay, passenger vehicles, emergency vehicles, pedestrian. (PUBLIC WORKS)

94. PRIVATE DRIVE ISLES: The proposed driveway approaches for 24-ft drive isles off the Royal Way Cul-De-Sacs shall be per City Standard and align with the proposed private drive isle centerlines. (PUBLIC WORKS)

95. FIRE TRUCK CIRCULATION PLAN: The developer shall submit for review an updated fire truck circulation plan demonstrating through vehicle Auto-Turn movements

9.3.h
Packet Pg. 492 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 28 of 41 ends

that a westbound fire engine can enter the project meeting Fire Department criteria. This Conditions of approval shall be confirmed with the Fire Department. (PUBLIC WORKS)

96. VEHICLE PARKING AND LINE OF SITE PLAN: At initial building submittal, the developer shall submit for review a Vehicle Parking and Line of Site Plan as a part of the plan set. This Plan shall include an existing parking conditions plan (along Royal Way) and a post development parking condition plan. The post development parking condition plan shall show line of sight triangles for all proposed driveways and identify the total amount of public parking removed from Royal Way. (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.

97. 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)

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 of 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

9.3.h
Packet Pg. 493 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 29 of 41 ends

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.

iv. The exemption will not conflict with any other condition of approval required by the City to mitigate significant impacts.

vi. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.

9.3.h
Packet Pg. 494 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 30 of 41 ends

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.

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.

9.3.h
Packet Pg. 495 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 31 of 41 ends

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.

98. 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)

99. 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 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

9.3.h
Packet Pg. 496 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 32 of 41 ends

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 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)
100. 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)
101. 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

9.3.h
Packet Pg. 497 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 33 of 41 ends

neighborhood and shall include an estimate of the number of workers, equipment, and materials 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)
102. 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)
103. 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
104. 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:

9.3.h
Packet Pg. 498 Attachment: Draft Resolution - AS 21-17 (4030 : Royal Way Townhomes)

Resolution No. 2022-XX
Architectural and Site Permit AS 21-17; Royal Way Townhomes Project City Council Regular Meeting | November 21, 2022

Page 34 of 41 ends

Gilroy City CouncilNovember 21, 2022

Gilroy City Council
November 21, 2022