Gilroy City Council
March 17, 2025

March 17, 2025 | 6:00 PM Page 1 of 7 City Council Regular Meeting Agenda

CITY COUNCIL

REGULAR MEETING
AGENDA

CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA
95020
MONDAY, MARCH 17, 2025 | 6:00 PM
MAYOR
Greg Bozzo

COUNCIL MEMBERS
Dion Bracco
Tom Cline
Terence Fugazzi
Zach Hilton
Carol Marques
Kelly Ramirez
CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING PUBLIC COMMENTS ON AGENDA ITEMS ARE TAKEN BEFORE THE CITY COUNCIL TAKES ACTION. Please keep your comments to 3 minutes. Time restrictions may vary based on the Mayor's discretion.

Send written comments on any agenda item to [email protected] or City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by 1 p.m. on the meeting day will be distributed to the City Council before the meeting. Comments are also available at bit.ly/3NuS1IN.

In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at least 72 hours prior to the meeting at (408) 846-0204 or [email protected] to help ensure that reasonable arrangements can be made.

If you dispute any planning or land use decision from this meeting in court, you may only raise issues you or someone else presented at this meeting's public hearing or in written letters to the City Council before the hearing.

Be aware that the time to seek a judicial review of any final decision made at this meeting is defined by Section 1094.6 of the California Code of Civil Procedure.

During this meeting, a Closed Session may be called under Government Code Section 54956.9 (d)(2). This will happen if, in the City's legislative body's opinion (based on current facts, circumstances, and legal advice), there's a significant risk of a lawsuit against the City.

Additional materials submitted after agenda distribution are available on www.cityofgilroy.org as soon as possible.

KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public.

Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

March 17, 2025 | 6:00 PM Page 2 of 7 City Council Regular Meeting Agenda

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO

RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204.

If you need translation assistance, contact the City Clerk 72 hours before the meeting at 408-846-0204 or [email protected].

Si necesita un intérprete durante la junta y gustaría dar un comentario público, comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario de la Ciudad a [email protected].

To access written translation during the meeting, please scan the QR Code or click this link:

Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
bit.ly/3FBiGA0
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir
Use a headset on your phone for audio or read the transcript on your device.

Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo.

The agenda for this meeting is outlined as follows:

1. OPENING

1.1. Call to Order

1.2. Pledge of Allegiance

1.3. Invocation

1.4. City Clerk's Report on Posting the Agenda

1.5. Roll Call

1.6. Orders of the Day

1.7. Employee Introductions

2. CEREMONIAL ITEMS - Proclamations and Awards

3. COUNCIL CORRESPONDENCE (Informational Only)

4. PRESENTATIONS TO THE COUNCIL

4.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE

AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE

CITY COUNCIL
March 17, 2025 | 6:00 PM Page 3 of 7 City Council Regular Meeting Agenda
This part of the meeting allows public address on non-agenda topics within the Council's jurisdiction. To speak, complete a Speaker's Card from the entrances and give it to the City Clerk. Speaking time ranges from 1-3 minutes based on the Mayor's discretion. Extended discussions or actions on non-agenda items are restricted by law. For Council action, the topic may be listed on a future agenda.

Email written comments on non-agenda topics
to [email protected] or mail them to City Hall, 7351 Rosanna Street, Gilroy, CA 95020, by 1:00 p.m. on the meeting day. These comments, available at City Hall, will be shared with the Council and included in the meeting record. Late submissions will be shared as soon as possible. A 10-page limit applies to hard-copy materials, but electronic submissions are unlimited.

5. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Downtown Committee, Santa Clara County Library Joint Powers Authority, Santa Clara Water Commission, Santa Clara Valley Water Joint Water Resources Committee, SCRWA
Council Member Fugazzi – Santa Clara Water Commission (alternate), Silicon Valley Regional Interoperability Authority Board (alternate), SCRWA, Visit Gilroy California Welcome Center, VTA Mobility Partnership Committee
Council Member Marques – ABAG, Downtown Committee, Santa Clara County Library Joint Powers Authority (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCRWA (alternate) Council Member Hilton – CalTrain Policy Group, Santa Clara County Expressway Plan 2040 Advisory Board (alternate), Silicon Valley Clean Energy Authority JPA Board, South County Youth Task Force Policy Team (alternate), VTA Policy Advisory Committee Council Member Ramirez – ABAG (alternate), Gilroy Gardens Board of Directors (alternate), Gilroy Sister Cities, Gilroy Youth Task Force (alternate), SCRWA, Santa Clara Housing and Community Development Advisory Committee
Council Member Cline – CalTrain Policy Group (alternate), Gilroy Sister Cities (alternate), Gilroy Youth Task Force, Santa Clara County Expressway Plan 2040 Advisory Board, Silicon Valley Clean Energy Authority JPA Board (alternate), Silicon Valley Regional Interoperability Authority Board, Visit Gilroy California Welcome Center (alternate), VTA Mobility Partnership Committee, VTA Policy Advisory Committee (alternate) Mayor Bozzo – Gilroy Gardens Board of Directors, Santa Clara Valley Water Joint Water Resources Committee, South County Youth Task Force Policy Team, VTA Board of Directors (alternate), Santa Clara Housing and Community Development Advisory Committee (alternate)

6. CONSENT CALENDAR
Items under the Consent Calendar are deemed routine and approved with one motion. If a Council member or a member of the public wishes for a separate discussion on an item, it must be requested for removal before the Council's approval vote. If removed, the item will be discussed in its original order.

March 17, 2025 | 6:00 PM Page 4 of 7 City Council Regular Meeting Agenda

6.1. Approval of the Action Minutes of the March 3, 2025 City Council Regular Meeting

6.2. Claims of Paul Villa, Enrique Montelongo, Enedina Gonzalez, Yriel Gonzalez, Carlos Gonzalez, heirs and successors in interest of Salvador Adrian Montelongo (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim)

6.3. Acceptance of Cash and Investment Report as of December 31, 2024

6.4. Approve Second Amendment to the Agreement with The Pun Group LLP for Annual Financial Audit Services for an Additional $177,221, with a Revised Total Not-to-Exceed Amount of $530,278.

7. BIDS AND PROPOSALS

7.1. Purchase of PFAS-Free Structural Firefighting Turnouts for the Total Amount of $429,974 Utilizing Sourcewell’s Cooperative Purchasing Contract No. 010424-LNC and Adopt a Resolution Amending the Fiscal Year 2025 Budget

1. Staff Report: Scot Smithee, Fire Department Director

2. Public Comment

3. Possible Action:

1. Award the purchase of PFAS-free Structural Firefighting Turnouts for the total amount of $429,974 utilizing Sourcewell’s Cooperative Purchasing Contract No. 010424-LNC.

2. Authorize the City Administrator to execute purchase documents.

3. Adopt a resolution amending the Fiscal Year 2024-25 budget in the General Fund to appropriate $429,974 for the purchase.

7.2. Award a Contract to Advance Design Consultants, Inc. for HVAC & Mechanical Design Services at Old City Hall Restaurant, Project No. 25- RFP-ASD-505 in the amount of $144,774

1. Staff Report: LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager

2. Public Comment

3. Possible Action:

Award a contract to Advance Design Consultants, Inc. in the amount of $125,890 and approve a project contingency of $18,884 for a total project expenditure of $144,774 for the design and preparation of bid documents for the HVAC & Mechanical Design Services at Old City Hall Restaurant, Project No. 25-RFP-ASD-505 and authorize the City Administrator to execute the contract and associated documents.

8. PUBLIC HEARINGS
Public Hearings shall commence at 7:00 PM or soon thereafter

8.1. Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 March 17, 2025 | 6:00 PM Page 5 of 7 City Council Regular Meeting Agenda
acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area

1. Disclosure of Ex-Parte Communications

2. Staff Report: Sharon Goei, Community Development Director

3. Open Public Hearing

4. Close Public Hearing

5. Possible Action:

1. Determine that Tentative Map applications TM 24-02 and TM 24-03 do not require independent CEQA review beyond EIR Addendum #2 because none of the conditions described in CEQA Guidelines Sec. 15162 are present.

2. Adopt a resolution approving Tentative Map TM 24-02, subject to the findings, conditions, and mitigation measures provided in the draft resolution.

3. Adopt a resolution approving Tentative Map TM 24-03, subject to the findings, conditions, and mitigation measures provided in the draft resolution.

8.2. Hold the Second Public Hearing Regarding the City's Transition from an At-Large to a District-Based Election System for the Purpose of Receiving Public Input on the Potential Contours of the New Districts and Hearing the Demographer's Presentation on the Transition Process and the Drawing of District Maps for the November 2026 and 2028 Elections.

1. Disclosure of Ex-Parte Communications

2. Staff Report: Andrew Faber, City Attorney

3. Open Public Hearing

4. Close Public Hearing

5. Possible Action:

Hold a second Public Hearing and receive public input and a presentation from the City of Gilroy's ("City") consulting Demographer, Redistricting Partners, regarding the process and criteria for establishing boundaries for district elections pursuant to the California Voting Rights Act ("CVRA") for the City Council. The City Council again should further discuss the following topics:

1. The Communities of Interest within the City that should define the boundaries and composition of districts before any maps of any proposed district boundaries are drawn; and,

2. Whether the City should draw six districts and retain its directly elected Mayor, or draw seven districts where City Councilmembers select the Mayor on a rotating or other basis.

9. UNFINISHED BUSINESS

9.1. Strategic Planning Session #2 - Receive Mid-Year Report on Fiscal Year 2024-2025 Budget and Update on the General Fund Five-Year Forecast March 17, 2025 | 6:00 PM Page 6 of 7 City Council Regular Meeting Agenda

1. Staff Report: Harjot Sangha, Finance Director

2. Public Comment

3. Possible Action:

Receive the mid-year report on the Fiscal Year 2024-2025 (FY25) budget and update on the General Fund five-year forecast.

9.2. Adoption of an ordinance approving a zoning map amendment application to rezone an undeveloped property (APN # 810-23-005) to Residential Hillside, consistent with the 2040 General Plan Hillside Residential land use designation (Z 22-03)

1. Staff Report: Sharon Goei, Community Development Director

2. Public Comment

3. Possible Action:

Adopt an Ordinance of the City Council approving Zoning Amendment application Z 22-03 to redesignate a 37.5-acre site from Agriculture (A1) Zone to Residential Hillside (RH) Zone, consistent with the 2040 General Plan.

9.3. 2025 Christopher High School Aquatics Center Operator

1. Staff Report: Bryce Atkins, Assistant to the City Administrator

2. Public Comment

3. Possible Action:

1. Council selection of one of three options:
a. Swimming Swan one-year proposal at a higher cost ($383,894 for 2025 season).
b. Swimming Swan original three-year proposal but with 5% revenue share ($258,894 for 2025 season with 5% revenue share offset, 5% CPI each year thereafter).
c. Not enter into an agreement and postpone the next aquatics season to 2026.

2. Authorize the City Administrator to execute any and all agreement documents to effectuate the option selected by Council.

10. INTRODUCTION OF NEW BUSINESS

10.1. 2024 General Plan and Housing Element Annual Progress Report

1. Staff Report: Sharon Goei, Community Development Director

2. Public Comment

3. Possible Action:

Accept the report and direct staff to submit the 2024 Annual Progress Report to the California Department of Housing and Community Development and the Governor’s Office of Land Use and Climate Innovation, no later than April 1, 2025.

11. FUTURE COUNCIL INITIATED AGENDA ITEMS

12. CITY ADMINISTRATOR'S REPORTS
March 17, 2025 | 6:00 PM Page 7 of 7 City Council Regular Meeting Agenda

13. CITY ATTORNEY'S REPORTS

14. CLOSED SESSION
Adjourning to Closed Session in Memoriam of City of Gilroy Environmental Engineer Saeid Vaziry

14.1. CONFERENCE WITH LABOR NEGOTIATORS – COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11(4) Collective Bargaining Units: Gilroy Police Officers Association, Inc.

Representing Gilroy Police Officers; Gilroy Management Association Representing Mid-Management Employees (GMA); and Unrepresented Exempt Employees (Confidential, Department Heads & Council-Appointed) City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Assistant City Administrator and Administrative Services & Human Resources Director/Risk Manager
Anticipated Issue(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions;
Memorandums of Understanding: City of Gilroy and Gilroy Police Officers Association Inc.; City of Gilroy and Gilroy Management Association (GMA)

15. ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each Council Member if required by Government Code Section 54957.1 and GCC Section 17A.13(b); Public Report of the vote to continue in closed session if required under GCC Section 17A.11(5).

16. ADJOURNMENT

FUTURE MEETING DATES
April 2025
7 Regular Meeting - 6:00 p.m
21 Regular Meeting - 6:00 p.m
May 2025
5 Regular Meeting - 6:00 p.m
19 Regular Meeting - 6:00 p.m
June 2025
2 Regular Meeting - 6:00 p.m
16 Regular Meeting - 6:00 p.m
Meetings are live streamed on the City of Gilroy’s website at gilroy.city/meetings and on YouTube at https://bit.ly/45jor03.

Access the 2025 City Council Meeting Calendar at https://gilroy.city/2025.

6.1 p. 8 of 427

6.1 p. 9 of 427

6.1 p. 10 of 427

6.1 p. 11 of 427

6.1 p. 12 of 427

6.1 p. 13 of 427

6.1 p. 14 of 427

6.1 p. 15 of 427

City of Gilroy

STAFF REPORT
Agenda Item Title: Claims of Paul Villa, Enrique Montelongo, Enedina Gonzalez, Yriel Gonzalez, Carlos Gonzalez, heirs and
successors in interest of Salvador Adrian Montelongo
(The City Administrator recommends a "yes" vote
under the Consent Calendar shall constitute denial of
the claim)
Meeting Date: March 17, 2025
From: Jimmy Forbis, City Administrator
Department: Administrative Services
Submitted By: LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager
Prepared By: LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager
STRATEGIC PLAN GOALS Not Applicable

RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, these claims are recommended for rejection.

EXECUTIVE SUMMARY

6.2 p. 16 of 427
Claims of Paul Villa, Enrique Montelongo, Enedina Gonzalez, Yriel Gonzalez, Carlos Gonzalez, heirs and successors in interest of Salvador Adrian Montelongo (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim) City of Gilroy City Council Page 2 of 2 March 17, 2025
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the March 17, 2025 meeting:
• Claim of Paul Villa, heir and successor in interest of Salvador Adrian Montelongo
• Claim of Enrique Montelongo, heir and successor in interest of Salvador Adrian Montelongo
• Claim of Enedina Gonzalez, heir and successor in interest of Salvador Adrian Montelongo
• Claim of Yriel Gonzalez, heir and successor in interest of Salvador Adrian Montelongo
• Claim of Carlos Gonzalez, heir and successor in interest of Salvador Adrian Montelongo
Attachments:

1. Claim of Paul Villa

2. Claim of Enrique Montelongo

3. Claim of Enedina Gonzalez

4. Claim of Yriel Gonzalez

5. Claim of Carlos Gonzalez

6.2 p. 17 of 427

6.2 p. 18 of 427

6.2 p. 19 of 427

6.2 p. 20 of 427

6.2 p. 21 of 427

6.2 p. 22 of 427

6.2 p. 23 of 427

6.2 p. 24 of 427

6.2 p. 25 of 427

6.2 p. 26 of 427

6.2 p. 27 of 427

6.2 p. 28 of 427

6.2 p. 29 of 427

6.2 p. 30 of 427

6.2 p. 31 of 427

6.2 p. 32 of 427

6.2 p. 33 of 427

6.2 p. 34 of 427

6.2 p. 35 of 427

6.2 p. 36 of 427

6.2 p. 37 of 427

6.2 p. 38 of 427

6.2 p. 39 of 427

6.2 p. 40 of 427

6.2 p. 41 of 427

6.2 p. 42 of 427

6.2 p. 43 of 427

6.2 p. 44 of 427

6.2 p. 45 of 427

6.2 p. 46 of 427

6.2 p. 47 of 427

6.2 p. 48 of 427

6.2 p. 49 of 427

6.2 p. 50 of 427

6.2 p. 51 of 427

6.2 p. 52 of 427

6.2 p. 53 of 427

6.2 p. 54 of 427

6.2 p. 55 of 427

6.2 p. 56 of 427

6.2 p. 57 of 427

6.2 p. 58 of 427

6.2 p. 59 of 427

6.2 p. 60 of 427

6.2 p. 61 of 427

6.2 p. 62 of 427

6.2 p. 63 of 427

6.2 p. 64 of 427

6.2 p. 65 of 427

6.2 p. 66 of 427

6.2 p. 67 of 427

City of Gilroy

STAFF REPORT
Agenda Item Title: Acceptance of Cash and Investment Report as of December 31, 2024
Meeting Date: March 17, 2025
From: Jimmy Forbis, City Administrator
Department: Finance
Submitted By: Harjot Sangha, Finance Director
Prepared By: Harjot Sangha, Finance Director
STRATEGIC PLAN GOALS Develop a Financially Resilient Organization

RECOMMENDATION
Accept and file the cash and investment report as of December 31, 2025.

BACKGROUND
The quarterly investment reports are prepared pursuant to the City’s investment policy to keep the City Council apprised of the City’s investment activities.

ANALYSIS
As of December 31, 2025, the City’s cash and investments totaled $185.5 million, of which primary investments include: $56.7 million in the Local Agency Investment Fund (LAIF), $97.5 million in US Treasury securities, and $27.0 million in California CLASS PRIME Fund. The fiscal year interest earnings are $4.3 million, which includes accrued interest as well as amortization of the discount on the US Treasury securities. The effective rate of return is 4.6%.

In addition, approximately $15.1 million is held by Fiscal Agents in the Trustee capacity for various bond issues such as bond proceeds, debt service reserves, bond payments, and other post-employment benefits (OPEB) and pension. The majority of this balance ($9.4 million) consists of the City of Gilroy’s share of the Acquisition and Construction

6.3 p. 68 of 427
Acceptance of Cash and Investment Report as of September 30, 2024 City of Gilroy City Council Page 2 of 2 November 18, 2024 1 7
Funds for the SCRWA Plant Expansion Project, and the remaining primarily consists of the Section 115 Trusts for OPEB and pension ($5.4 million).

FISCAL IMPACT/FUNDING SOURCE
There are no direct fiscal impacts to receiving and filing the quarterly cash and investment report. This is an activity included in the Finance Department’s annual workplan.

Attachments:

1. Cash and Investment Report as of December 31, 2024

6.3 p. 69 of 427

6.3 p. 70 of 427

6.3 p. 71 of 427

6.3 p. 72 of 427

6.3 p. 73 of 427

6.3 p. 74 of 427

6.3 p. 75 of 427

6.3 p. 76 of 427

6.3 p. 77 of 427

6.3 p. 78 of 427

6.3 p. 79 of 427

6.3 p. 80 of 427

6.3 p. 81 of 427

6.3 p. 82 of 427

6.3 p. 83 of 427

6.3 p. 84 of 427

City of Gilroy

STAFF REPORT
Agenda Item Title: Approve Second Amendment to the Agreement with The Pun Group LLP for Annual Financial Audit
Services for an Additional $177,221, with a Revised
Total Not-to-Exceed Amount of $530,278.

Meeting Date: March 17, 2025
From: Jimmy Forbis, City Administrator
Department: Finance
Submitted By: Harjot Sangha, Finance Director
Prepared By: Harjot Sangha, Finance Director
STRATEGIC PLAN GOALS Develop a Financially Resilient Organization

RECOMMENDATION
Approve and authorize the City Administrator to execute the second amendment to the Agreement with The Pun Group LLP for a two-year extension to provide professional auditing and financial reporting services for an additional $177,221, which includes a 10% contingency, for a revised total not-to-exceed amount of $530,278.

BACKGROUND
Municipalities are required to hire external auditors to audit their financial statements annually and to conduct evaluations of the entity’s internal controls. The auditor is responsible for determining that the City’s financial statements do not include material misstatements and do not misrepresent its financial condition. In addition, auditors evaluate the City’s internal controls and procedures to reduce the risk of collusion, theft, or fraud.

In 2020, the City’s solicited proposals from qualified firms for professional auditing and financial reporting services and selected The Pun Group LLP (TPG) to provide the services for a three-year term with option for a two-year extension. In 2023, the City Council approved the first amendment to the agreement to exercise the option for the extension.

6.4 p. 85 of 427
Approve Second Amendment to the Agreement with The Pun Group LLP for Annual Financial Audit Services
City of Gilroy City Council Page 2 of 3 March 17, 2025

ANALYSIS
TPG has successfully performed professional auditing and financial reporting services for the last five fiscal years. The audit services provided by the firm include auditing financial transactions, preparation of the Annual Comprehensive Financial Report, performing the Single Audit, auditing the appropriations limit (Gann Limit), and consultation with the City and the South County Regional Wastewater Authority (SCRWA).

TPG has developed an understanding of the City’s operations, policies, and procedures, which has aided the firm in providing quality audit services, especially as the City transitioned to a new Enterprise Resource Planning (ERP) system to conduct its financial transactions under a new chart of accounts. TPG’s qualified auditors have also provided professional guidance for the implementation of new Governmental Accounting Standards and other recommendations that have assisted the City’s accounting team in properly recording and reporting of accounting transactions. Overall, staff is satisfied with their services in providing professional auditing and financial reporting services.

TPG has provided a proposal to continue services for the audit of fiscal years 2025 and 2026 with a total all-inclusive price of $78,590 for FY25 and $82,520 for FY26. Staff deems the cost proposal to be reasonable and recommends the extension to be approved to cover both fiscal years. Further, given frequent lack of competition among audit firms fully qualified to perform public-sector audits, staff believe a new solicitation at this time would be counterproductive and likely not yield any better results, both from a firm qualification and the audit cost perspective. The proposed two-year extension will provide advantages of operational familiarity and efficiencies for both City and TPG staff. Staff recommends soliciting new proposals in the next biennial budget cycle and adding this to the departmental workplan.

California Government Code Section 12410.6 requires local agencies to cycle audit firms or the lead audit engagement partner within the existing firm after six consecutive fiscal years. The City transitioned to a new lead audit engagement partner within the firm with the fiscal year 2024 audit and thus is in compliance with the government code’s requirement.

As such, staff recommend that the City Council approve the second amendment to the agreement with TPG for two additional years for $177,221, which includes a 10% contingency of $16,111, for a revised total not-to-exceed contract amount of $530,278.

A contingency is typically included for services which may be needed in addition to the services traditionally performed by the City’s independent auditor, including assistance with implementing new governmental accounting standards, producing new mandated compliance or financial reports, or other independent audit services that may arise during the term. Although the City has not had to invoke contingency in any of the prior

6.4 p. 86 of 427
Approve Second Amendment to the Agreement with The Pun Group LLP for Annual Financial Audit Services
City of Gilroy City Council Page 3 of 3 March 17, 2025
years as staff typically have been able to address such occurrences internally, it is still recommended.

ALTERNATIVES
Council may elect to only renew for one year or reject the amendment to the agreement and direct staff to solicit proposals from other qualified firms. Staff does not recommend this option, as a new solicitation at this time will likely not result in any better results, both from a firm qualification and audit cost compared to the cost proposal provided by TPG.

FISCAL IMPACT/FUNDING SOURCE
The two-year extension cost is $161,110. Staff recommend including a 10% contingency of $16,111 for a total two-year cost of $177,221. The proposed costs will be included in the FY26 and FY27 biennial budget and is funded by the General Fund (100).

Attachments:

1. Amendment to the Agreement

6.4 p. 87 of 427

6.4 p. 88 of 427

6.4 p. 89 of 427

6.4 p. 90 of 427

6.4 p. 91 of 427

6.4 p. 92 of 427

6.4 p. 93 of 427

6.4 p. 94 of 427

6.4 p. 95 of 427

6.4 p. 96 of 427

6.4 p. 97 of 427

6.4 p. 98 of 427

6.4 p. 99 of 427

6.4 p. 100 of 427

6.4 p. 101 of 427

6.4 p. 102 of 427

6.4 p. 103 of 427

6.4 p. 104 of 427

6.4 p. 105 of 427

6.4 p. 106 of 427

6.4 p. 107 of 427

6.4 p. 108 of 427

6.4 p. 109 of 427

6.4 p. 110 of 427

6.4 p. 111 of 427

6.4 p. 112 of 427

6.4 p. 113 of 427

6.4 p. 114 of 427

6.4 p. 115 of 427

6.4 p. 116 of 427

City of Gilroy

STAFF REPORT
Agenda Item Title: Purchase of PFAS-Free Structural Firefighting Turnouts for the Total Amount of $429,974 Utilizing
Sourcewell’s Cooperative Purchasing Contract No.
010424-LNC and Adopt a Resolution Amending the
Fiscal Year 2025 Budget
Meeting Date: March 17, 2025
From: Jimmy Forbis, City Administrator
Department: Fire
Submitted By: Scot Smithee, Fire Department Director
Prepared By: Jennifer Fortino, Management Analyst
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure

RECOMMENDATION

1. Award the purchase of PFAS-free Structural Firefighting Turnouts for the total amount of $429,974 utilizing Sourcewell’s Cooperative Purchasing Contract No. 010424-LNC.

2. Authorize the City Administrator to execute purchase documents.

3. Adopt a resolution amending the Fiscal Year 2024-25 budget in the General Fund to appropriate $429,974 for the purchase.

BACKGROUND
Structural firefighting turnout gear is protective clothing firefighters wear when responding to fires, accidents, and other emergency rescue situations. Turnout gear coats and pants consist of multiple layers and are made from durable fabrics that protect firefighters from excessive heat and other extreme conditions. Turnouts are made to withstand external forces that can critically injure firefighters.

Until 2023, firefighting turnouts included Per-and-polyfluoroalkyl substances (PFAS) to treat the turnout fabric. PFAS are synthetic chemicals that repel stains, grease, and

7.1 p. 117 of 427
Approval of the Purchase of Firefighter Structural Firefighting Turnouts City of Gilroy City Council Page 2 of 3 March 17, 2025
1 9
water. These chemicals have been used in firefighting turnouts due to the chemical's ability to block heat and moisture. However, studies have shown that PFAS chemicals are a key contributor to the increased incidence of cancer among firefighters. The structural firefighting turnout gear designed to protect firefighters has also been exposing them to dangerous and potentially deadly chemicals.

ANALYSIS
PFAS chemicals are commonly known as "forever chemicals" because they cannot be destroyed. Once they are absorbed in the body, they remain in the body. PFAS chemicals are associated with an increased link to liver and kidney cancer, as well as thyroid disease. While turnouts containing PFAS chemicals protect firefighters from outside conditions, consistent daily exposure to these chemicals causes significant long-term health issues for firefighters.

Until late 2023, PFAS-free turnouts were not available for purchase. However, after the National Fire Protection Association (NFPA) studied the effect of PFAS on firefighter health, the NFPA certified the manufacture of PFAS-free structural firefighting turnouts.

PFAS-free turnouts became available for purchase beginning in early 2024.

Each fire suppression personnel is equipped with two sets of turnouts: one primary set and one backup set. There are 45 firefighting personnel who need replacement turnouts. Over half of the department's firefighting personnel's structural turnouts have either exceeded the manufacturer's 10-year lifespan or are significantly damaged and not repairable. Given the increased health risks of exposure to these chemicals, staff recommends replacing both sets of the current structural turnouts with PFAS-free turnouts in the current fiscal year.

ALTERNATIVES
None recommended.

FISCAL IMPACT/FUNDING SOURCE
The cost of the PFAS-free structural firefighting turnout gear is $429,974 and is recommended to be funded by the General Fund (100) fund balance. Based on the current financial forecast of the General Fund, the fund is projected to end FY25 with approximately $4.0 million in excess of the required reserves. A related budget amendment is included with the staff report, which would appropriate the $429,974 from the reserves to fund this purchase.

NEXT STEPS

7.1 p. 118 of 427
Approval of the Purchase of Firefighter Structural Firefighting Turnouts City of Gilroy City Council Page 3 of 3 March 17, 2025
1 9
If approved, the City should receive the turnouts in approximately 60 days.

7.1 p. 119 of 427

7.1 p. 120 of 427

7.1 p. 121 of 427
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF GILROY AMENDING THE BUDGET FOR
THE CITY OF GILROY FOR 2024-2025 AND

APPROPRIATING FUNDS IN THE GENERAL FUND
WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2023-2024 and 2024-2025, and the City Council carefully examined, considered and adopted the same on June 5, 2023; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to the budget for Fiscal Year 2024-2025 for the City of Gilroy in the staff report dated March 17, 2025, Purchase of PFAS-Free Structural Turnout Gear.

NOW, THEREFORE, BE IT RESOLVED THAT the expenditure appropriations for Fiscal Year 2024-2025 in Fund 100 – General Fund shall be increased by $429,974.

PASSED AND ADOPTED this 17th day of March 17, 2025, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Greg Bozzo, Mayor
ATTEST:
_______________________
Bryce Atkins, Acting City Clerk

7.1 p. 122 of 427

City of Gilroy

STAFF REPORT
Agenda Item Title: Award a Contract to Advance Design Consultants, Inc. for HVAC & Mechanical Design Services at Old
City Hall Restaurant, Project No. 25-RFP-ASD-505 in
the amount of $144,774
Meeting Date: March 17, 2025
From: Jimmy Forbis, City Administrator
Department: Administrative Services
Submitted By: LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager
Prepared By: Walter Dunckel, Facilities & Fleet Superintendent and LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure

RECOMMENDATION
Award a contract to Advance Design Consultants, Inc. in the amount of $125,890 and approve a project contingency of $18,884 for a total project expenditure of $144,774 for the design and preparation of bid documents for the HVAC & Mechanical Design Services at Old City Hall Restaurant, Project No. 25-RFP-ASD-505 and authorize the City Administrator to execute the contract and associated documents.

EXECUTIVE SUMMARY
This project includes the design and preparation of bid documents for Old City Hall Restaurant HVAC replacement. The Fiscal Year 2024-2028 Capital Improvement Program (CIP), which was adopted by the City Council on June 5, 2023, funded the design and construction (in FY24). This RFP went out to bid in FY24, however, no proposals were received. A new RFP went out on Dec 3, 2024 and six proposals were received for review ranging in cost from $104,100 - $391,756.

7.2 p. 123 of 427
Award a Contract to Advance Design Consultants, Inc. for HVAC & Mechanical Design Services at Old City Hall Restaurant, Project No. 25-RFP-ASD-505 in the amount of $144,774 City of Gilroy City Council Page 2 of 3 March 17, 2025
Staff recommends awarding a contract to Advance Design Consultants, Inc., of San Jose, CA, to prepare the design and bid documents for the Old City Hall Restaurant HVAC replacement. The proposed contract amount is $125,890. Staff requests authorization for $18,884 in contingency for a total project expenditure of $144,774.

BACKGROUND
The City owns the Old City Hall Restaurant building and leases it to a tenant, Old City Hall Restaurant. The current heating, ventilation, and air conditioning (HVAC) equipment at the facility is over 35 years old and is well beyond its useful life. The air conditioning units frequently break down and require a lot of repairs and maintenance to keep operational. Replacing these outdated units will make the building more efficient, and provide reliable cooling and heating of the building, as well as reduce trouble calls for Facilities Maintenance staff and HVAC contractors. To illustrate costs to maintain the current outdated system, $26,500 was spent on contractor fees as well as $13,927 in staff time over the last 2.5 years.

The Fiscal Year 2024-2028 Capital Improvement Program (CIP), which was adopted by the City Council on June 5, 2023, funded the design and construction (in FY24) for the Old City Hall Restaurant HVAC replacement. These monies were reappropriated to FY25 when the original RFP did not receive any proposals.

ANALYSIS
On December 3, 2024, a Request for Proposals (RFP) was advertised in the San Jose Mercury News requesting professional services for HVAC & Mechanical Design Services at Old City Hall Restaurant.

The City received six proposals from the following consultant teams:
• Advanced Design Consultants Inc.
• Leaf Engineers
• Net Positive Consulting Engineers
• NV5 Consultants
• Salas O’Brien Engineers, Inc.
• YEI Engineers, Inc
The proposals were evaluated by a scoring committee and ranked per the criteria identified in the RFP: firm’s experience and qualifications related to the scope of work in the RFP, project methodology, staffing plan and project team qualifications, project timeline, and cost. Advanced Consultants, Inc. was ranked the highest, and was selected as the best firm for the City, based on their local knowledge, experience, project understanding, project approach, schedule, and proposal cost.

ALTERNATIVES
The alternative to the staff recommendation is not to award the contract. Staff does not

7.2 p. 124 of 427
Award a Contract to Advance Design Consultants, Inc. for HVAC & Mechanical Design Services at Old City Hall Restaurant, Project No. 25-RFP-ASD-505 in the amount of $144,774 City of Gilroy City Council Page 3 of 3 March 17, 2025
recommend this option because it would delay the design and, ultimately, the replacement of the Old City Hall HVAC system.

FISCAL IMPACT/FUNDING SOURCE
Advanced Design Consultants, Inc. proposed cost for the design services is $125,890.

Staff recommends a contingency of $18,884 to address unanticipated changes, or findings related to the age of the building. Therefore, the total expenditure allocation request is $144,774.

The project is funded by the Facilities Fund (615). The current FY25 CIP budget of $360,700 for design services and construction is sufficient to fund the design portion of the project. It is unknown at this time what the final construction costs will be once the design is complete and bids for the work are obtained. Engineering professionals typically estimate design @ 15% of construction; therefore, construction costs could approach over $800,000, and face a funding gap. The City is currently undergoing its biennial budget development process and staff will identify and recommend a funding plan for the expected funding gap as part of the process.

PUBLIC OUTREACH
There is no public outreach planned during the design phase of the project.

NEXT STEPS
If Council approves the proposed contract with Advanced Design Consultants, Inc., documents will be finalized and executed by the City Administrator, and staff will direct the consultant to begin the design process. Final design and bid documents are anticipated to be completed in late FY25. Bidding for construction would begin soon after the design and bid documents are completed.

Attachments:

1. Request for Proposals – 25-RFP-ASD-505-OCH-HVAC

2. Advance Design Consultants, Inc. Proposal

7.2 p. 125 of 427

7.2 p. 126 of 427

7.2 p. 127 of 427

7.2 p. 128 of 427

7.2 p. 129 of 427

7.2 p. 130 of 427

7.2 p. 131 of 427

7.2 p. 132 of 427

7.2 p. 133 of 427

7.2 p. 134 of 427

7.2 p. 135 of 427

7.2 p. 136 of 427

7.2 p. 137 of 427

7.2 p. 138 of 427

7.2 p. 139 of 427

7.2 p. 140 of 427

7.2 p. 141 of 427

7.2 p. 142 of 427

7.2 p. 143 of 427

7.2 p. 144 of 427

7.2 p. 145 of 427

7.2 p. 146 of 427

7.2 p. 147 of 427

7.2 p. 148 of 427

7.2 p. 149 of 427

7.2 p. 150 of 427

7.2 p. 151 of 427

7.2 p. 152 of 427

7.2 p. 153 of 427

7.2 p. 154 of 427

7.2 p. 155 of 427

7.2 p. 156 of 427

7.2 p. 157 of 427

7.2 p. 158 of 427

7.2 p. 159 of 427

7.2 p. 160 of 427

7.2 p. 161 of 427

7.2 p. 162 of 427

7.2 p. 163 of 427

7.2 p. 164 of 427

7.2 p. 165 of 427

7.2 p. 166 of 427

7.2 p. 167 of 427

7.2 p. 168 of 427

7.2 p. 169 of 427

7.2 p. 170 of 427

7.2 p. 171 of 427

7.2 p. 172 of 427

7.2 p. 173 of 427

7.2 p. 174 of 427

7.2 p. 175 of 427

7.2 p. 176 of 427

7.2 p. 177 of 427

7.2 p. 178 of 427

7.2 p. 179 of 427

7.2 p. 180 of 427

7.2 p. 181 of 427

7.2 p. 182 of 427

7.2 p. 183 of 427

7.2 p. 184 of 427

7.2 p. 185 of 427

7.2 p. 186 of 427

7.2 p. 187 of 427

7.2 p. 188 of 427

7.2 p. 189 of 427

7.2 p. 190 of 427

7.2 p. 191 of 427

7.2 p. 192 of 427

7.2 p. 193 of 427

7.2 p. 194 of 427

7.2 p. 195 of 427

7.2 p. 196 of 427

7.2 p. 197 of 427

7.2 p. 198 of 427

7.2 p. 199 of 427

7.2 p. 200 of 427

7.2 p. 201 of 427

7.2 p. 202 of 427

7.2 p. 203 of 427

7.2 p. 204 of 427

7.2 p. 205 of 427

7.2 p. 206 of 427

City of Gilroy

STAFF REPORT
Agenda Item Title: Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet
residential lots (TM 24-02) and approximately 41.36
acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
Meeting Date: March 17, 2025
From: Jimmy Forbis, City Administrator
Department: Community Development
Submitted By: Sharon Goei, Community Development Director Prepared By: Melissa Durkin, Extra Help Planner
STRATEGIC PLAN GOALS Not Applicable

RECOMMENDATION
1) Determine that Tentative Map applications TM 24-02 and TM 24-03 do not require independent CEQA review beyond EIR Addendum #2 because none of the conditions described in CEQA Guidelines Sec. 15162 are present. 2) Adopt a resolution approving Tentative Map TM 24-02, subject to the findings, conditions, and mitigation measures provided in the draft resolution. 3) Adopt a resolution approving Tentative Map TM 24-03, subject to the findings, conditions, and mitigation measures provided in the draft resolution.

EXECUTIVE SUMMARY
The project consists of two tentative maps applications. Tentative map application TM 24-02 proposes to subdivide an approximate 6.7-acre site in the Town Center Flex neighborhood into 42 single-family duet residential lots, associated private streets, four (4) private open space parcels that will be maintained by the homeowners’ association, and one (1) lot to be dedicated to the City for a fire station. Tentative map application TM 24-03 proposes to subdivide an approximate 41.4+/- acre site into 40 compact single-family lots in the Canyon Creek neighborhood; 21 single-family lots in the Rocky

8.1 p. 207 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 2 of 18 March 17, 2025 1 9
Knoll neighborhood; and 23 single-family lots in the Malvasia II neighborhood, for a total of 84 residential lots; associated public and private streets; one public open space parcel for the construction of the Santa Teresa trail; one public trail easement for the Rocky Knoll Trail; and 21 private open space parcels that will be maintained by the homeowners’ association. Both tentative map applications are for mapping purposes only. Development of the individual lots will be processed through an Administrative Architectural and Site Review application in accordance with the Glen Loma Ranch Specific Plan.

Planning Commission Recommendation: On February 20, 2025, the Planning Commission held a public hearing for Tentative Map applications TM 24-02 and TM 24-

03. The Planning Commission took the following actions on this project:

1. Voted 6-0 to recommend that Tentative Map applications TM 24-02 and TM 24- 03 do not require independent CEQA review beyond EIR Addendum #2 because none of the conditions described in CEQA Guidelines Sec. 15162 are present; and

2. Voted 6-0 to recommend that the City Council adopt a resolution approving Tentative Map TM 24-02, subject to the findings, conditions, and mitigation measures provided in the draft resolution.

3. Voted 6-0 to recommend that the City Council adopt a resolution approving Tentative Map TM 24-03, subject to the findings, conditions, and mitigation measures provided in the draft resolution.

BACKGROUND
Environmental Assessment: Pursuant to the California Environmental Quality Act (“CEQA”), the City prepared an Environmental Impact Report for the Glen Loma Ranch Specific Plan (“Specific Plan EIR”), which was certified by the City Council on October 17, 2005, and adopted by the City Council on November 7, 2005 (Resolution No. 2005- 81). On May 19, 2014, the City Council adopted an addendum to the certified EIR (EIR Addendum #1), modifying Mitigation Measures #4, #23, #31, and deleting Mitigation Measures #32, and #42 (Resolution 2014-19).

An analysis of potential traffic impacts associated with the adopted Specific Plan was conducted by Higgins Associates in the Glen Loma Ranch Specific Plan Traffic Impact Report (2005 Traffic Impact Report). Since the Glen Loma Ranch development has built out at a lower land use intensity than anticipated, the applicant hired Keith Higgins, Traffic Engineer, to prepare a revised traffic analysis to determine which mitigation measures would still be triggered under the reduced buildout. The Keith Higgins analysis concluded that the current projected buildout does not trigger several of the Phase 3 mitigation measures. The City of Gilroy then hired Fehr & Peers to conduct a peer review of the analysis. The peer review concluded that Mitigation Measures 36, 37,

8.1 p. 208 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 3 of 18 March 17, 2025 1 9
39, 41, 43, and 44 are not required and that Mitigation Measure 34 has been satisfied through the installed signalization.

On October 7, 2024, the City Council adopted a second addendum to the certified EIR (EIR Addendum #2), finding that, under the current planned buildout of 1,467 residential units, Mitigation Measures 36, 37, 39, 41, 43, and 44 are not required and Mitigation Measure 34 has been satisfied through the installed signalization (Resolution No 2024- 46). A public agency may prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Sec. 15162 (e.g., substantial project changes causing new or more severe environmental impacts than shown in the EIR) are present. A description of the current planned buildout and the associated mitigation measures is included in the linked EIR Addendum #2 at the end of this staff report (see Attachments).

Santa Clara Valley Habitat Plan Consistency: The Glen Loma Group has obtained a preliminary habitat plan permit for this project (HP 19-03).

General Plan Consistency: The City's General Plan designates the subject site as Glen Loma Ranch Specific Plan. The proposed tentative maps (TM 24-02 and TM 24- 03) are consistent with the Glen Loma Ranch Specific Plan and conform to the goals and policies of the General Plan, as discussed below:

POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
Land Use (LU) Policies
LU 1.1 Pattern of Development Ensure
an orderly, contiguous pattern of
development that prioritizes infill
development, phases new development,
encourages compactness and efficiency,
preserves surrounding open space and
agricultural resources, and avoids land
use incompatibilities.

LU 2.6 Glen Loma Ranch. Maintain and
implement the Glen Loma Ranch Specific
Plan to guide development in the area
and ensure the new neighborhoods
provide a complementary mix of housing,
retail, services, public facilities, and open
space.

The Glen Loma Ranch Specific Plan area
has been phased and developed over time,
with the four proposed neighborhoods
representing all but one of the last remaining
neighborhoods envisioned by the Specific
Plan. The proposed neighborhoods follow a
similar pattern to previously approved
neighborhoods within the Specific Plan area.

The proposed infill neighborhoods are
located in the center of the Specific Plan
area and include open space amenities.

Although no retail uses are proposed at this
time, the current planned buildout and
environmental assessment includes up to
12,000 square feet of commercial uses.

8.1 p. 209 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 4 of 18 March 17, 2025 1 9
POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
LU 3.2 Connectivity. Encourage new
residential development to incorporate
design features that promote walking and
connectivity between blocks.

The Canyon Creek, Rocky Knoll and
Malvasia II subdivision tentative map
includes construction of the Rocky Knoll trail
and a portion of the Santa Teresa trail. TM
24-02 and TM 24-03 also incorporate
sidewalk connectivity within each
neighborhood.

LU 3.11 Noise Mitigation Design. When
requiring noise impact mitigation as a part
of new and/or expanded development,
promote the use of techniques less
visually intrusive than sound walls,
including but not limited to site design
techniques, earth berms, and sound
attenuation fencing with wood or other
materials that are more compatible with
the site and surrounding area.

As noted under the Specific Plan
consistency analysis table, six-foot tall
soundwalls will be constructed along
portions of Santa Teresa Boulevard and
West Luchessa Avenue, in accordance with
the acoustical analysis prepared for the
Specific Plan. The soundwalls will be broken
up with open rail wood fencing in addition to
breaks in the wall to accommodate access
to the trails, sidewalks, and neighborhood
streets. The soundwalls will also be
screened with landscaping between the
soundwall and Santa Teresa Boulevard.

Mobility (M) Policies
M 1.2 Street Network Hierarchy.

Provide a transportation network that has
a hierarchy of arterial, collector, and local
streets to efficiently move bicycle,
pedestrian, and vehicular traffic.

M 1.4 Residential Traffic. Protect
residential streets from excess traffic.

M 1.5 Transportation Network
Connectivity. Develop a transportation
network that connects users of all modes
to destinations in Gilroy.

M 1.9 Interconnected Residential
Streets. Encourage street patterns that
provide direct access between
The Glen Loma Ranch Specific Plan
includes a circulation system composed of
arterial, collector and local roads connecting
to Santa Teresa Boulevard, Miller Avenue,
Tenth Street, and West Luchessa Avenue.

As conditioned, Tentative Map (TM 24-03)
will complete the extension of Luchessa
Avenue between the Miller Avenue
roundabout and the Vintner Street
roundabout (including the creek crossing,
utilities, and all appurtenances).

All street designs must be consistent with the
Specific Plan and built to City standards.

Private streets within the proposed
subdivisions shall comply with City of Gilroy

8.1 p. 210 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 5 of 18 March 17, 2025 1 9
POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
neighborhoods for automobiles,
pedestrians, and bicycles and
connections to nearby neighborhood
commercial services. Where access is
not provided through the design of the
street system, require easements for
pedestrian and bicycle access (e.g.,
between cul-de-sacs).

M 1.10 Private Streets. Require private
streets to function similar to public
streets. Private streets shall include
sidewalks, street trees, and promote
connectivity.

M 2.2 Complete Street Standards.

Adopt, maintain, and implement complete
streets standards consistent with the
NACTO Guidelines that are applicable to
adjacent land uses and sensitive to
nearby neighborhoods.

M 3.2 New Development. Require new
development to include a system of
sidewalks, trails, and bikeways that link
all land uses, provide accessibility to
parks and schools, and connect to all
existing or planned external street and
trail facilities in accordance with the
Mobility Diagrams.

M 3.4 Bicycle and pedestrian Path
Network. Develop and maintain a
network of paths along linear parks,
public easements, drainages, and other
open space areas to accommodate
bicycle and pedestrian traffic.
private street standards in terms of lane
width, sidewalk width, and parking stall
width. All private streets will be maintained
by the homeowners’ association.

The proposed street network has been
reviewed by the City’s Engineering division
and appropriate conditions of approval have
been included in the draft resolutions (e.g.,
private streets shall be maintained by the
homeowner’s association).

Since the Glen Loma Ranch development
has built out at lower land use intensity than
anticipated, additional traffic analysis was
completed by the consultant who completed
the 2005 traffic analysis for the Specific
Plan. The City also completed a peer review
of the revised analysis to substantiate the
finding that some of the original traffic
mitigations are not required under the
reduced buildout. However, if the buildout
assumptions change, additional
environmental review will be required at the
expense of the applicant.

The Specific Plan also includes a welldeveloped system of bicycle and pedestrian trails that provide connectivity throughout
the Specific Plan area and to adjacent
residential neighborhoods, Christmas Hill
Park, and the Uvas Creek Park Preserve.

Opportunities for transit are also included
within the plan area.

The proposed Tentative Map (TM 24-03) will
advance the Specific Plan’s bicycle and
pedestrian goals by constructing the Rocky
Knoll trail and developing the portion of the
Santa Teresa Boulevard trail that abuts its
boundary. These trail improvements, along

8.1 p. 211 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 6 of 18 March 17, 2025 1 9
POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
with the trails constructed with the other
Specific Plan neighborhoods, will provide
pedestrian and bicycle access between
neighborhoods and recreational areas within
the Specific Plan area.

Natural and Cultural Resources (NCR) Policies
Goal NCR 1 Preserve and enhance
Gilroy’s natural resources for current and
future residents.

NCR 1.5 Open Space Access and
Management In concert with Habitat Plan
requirements, encourage the management
and maintenance of public and private
open space areas in a manner that
ensures habitat protection, provides for
public access, addresses public safety
concerns, and meets low-impact recreation
needs.

Approximately 25 percent of the Glen
Loma Ranch Specific Plan area will be
maintained as permanently preserved
open space, including 1.44 acres of private
open space in the Tentative Map (TM 24-
02) Town Center Flex subdivision and 27.3
acres of private open space in the
Tentative Map (TM 24-03) three
neighborhood subdivision. Lots backing
onto preserved open space areas will
provide open view fencing, in accordance
with the adopted Specific Plan.

All open space within the two subdivisions,
the Santa Teresa trail, and the Rocky Knoll
trail will be maintained by the homeowners’
association.

Public Facilities and Services (PFS) Policies
PFS 1.11 Development Impact Fees
Require applicants for new development
to pay Development Impact Fees for
traffic circulation, water, wastewater,
storm water and public facilities to offset
the costs of expanding these as detailed
by the impact fee nexus study.

PFS 3.6 Water Infrastructure Ensure
that water infrastructure is in place or
required in conditions of approval prior to
approving new development.

Both Tentative Map resolutions include a
condition of approval requiring Street Tree,
Storm, Sewer, Water, Traffic, and Public
Facilities Development Impact Fees.

The draft resolutions also include several
conditions of approval to ensure that the
project meets the needs of future residents
in the proposed development and existing
residents throughout the Specific Plan area,
including but not limited to grading and
drainage, utilities, water lines and related

8.1 p. 212 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 7 of 18 March 17, 2025 1 9
POLICY #, TITLE AND SUMMARY CONSISTENCY ANALYSIS
PFS 4.6 Recycled Water Coordinate
with Valley Water to continue to maximize
the production and use of recycled water.
facilities, recycled water, water quality,
stormwater, and public improvements (e.g.,
trail, landscaping, and frontage
improvements).

Glen Loma Specific Plan Area: The Glen Loma Ranch Development comprises approximately 359 acres located in the western rolling foothills of Gilroy between Santa Teresa Boulevard and Uvas Creek. The Glen Loma Ranch Specific Plan was approved in 2005 following a process that involved City officials, City staff, and input from the local community. The approved Specific Plan area includes several distinct neighborhoods along with the related infrastructure including streets, roundabouts, trails, parks, etc.

The Glen Loma Ranch Specific Plan forecasted a build out of 1,693 dwelling units, 7.8 acres of nonresidential uses, and 145 acres of parks and open space with an extensive trail system linking the various neighborhoods and a town center component.

Current Planned Buildout: The Glen Loma Ranch development has built out at lower land use intensity than anticipated, and the current projected buildout is 1,467 residential units, including potentially 192 units in the Olive Grove neighborhood. In addition to fewer residential units, no commercial use is currently proposed in the Specific Plan area; although the most current traffic study for the Specific Plan analyzed up to 12,000 square feet of commercial uses.

Per page 104 of the Specific Plan, the Glen Loma Ranch Town Center is intended to merge retail, commercial and residential activities within the boundaries of the “Town

8.1 p. 213 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 8 of 18 March 17, 2025 1 9
Center Flex” area. However, the Specific Plan emphasizes that the “flex” designation is intended to “promote a wide range of uses”, and “should not be viewed as prescriptive in nature”. The Specific Plan further states that “the form of the Glen Loma Ranch Town Center will be open for interpretation by future Builders” and then provides a list of permitted uses that includes a range of potential commercial uses as well as a range of residential uses, including attached duplexes. Therefore, development of residential duplexes in lieu of commercial uses is consistent with the Specific Plan.

Development Agreement and Operating Memoranda: On November 21, 2005, the City of Gilroy and Glen Loma Ranch entered into a Development Agreement (GLR DA) for the development of Glen Loma Ranch (Ordinance 2005-22). The Development Agreement obligated Glen Loma Ranch to construct several public improvements including a fire station and two parks. Cydney Casper Park has been constructed. The second park, McCutchin Creek Park, and the fire station have not been constructed, but were the subject of four operating memoranda to the GLR DA. Pursuant to Section 3.13 of the Development Agreement, the City and Glen Loma Ranch may enter into operating memoranda to make minor refinements and clarifications.

In 2017, 2018, 2022, and 2024 the City and GLR entered into four Operating Memoranda respectively, each of which has become part of the GLR DA. Under the Third Operating Memorandum, Glen Loma Ranch paid the City $2,336,791 in lieu of constructing the McCutchin Creek Park. The park will be constructed by the City through the City’s Capital Improvement Program at an unspecified date. The Third Operating Memorandum also allows the City to use the funding for the Glen Loma Ranch fire station. The Fourth Operating Memorandum was approved by the City Council on October 7, 2024 (Resolution No. 2024-47). The Fourth Operating Memorandum documents the agreed upon timeline, milestones, and mechanism for the dedication of a parcel and the payment of funds to the City to enable the City to take responsibility for the construction of the fire station on the dedicated parcel (illustrated as Parcel Q in the proposed tentative map for TM 24-02).

Specific Plan Consistency: The Glen Loma Ranch Specific Plan has set forth a series of Standards and Guidelines to help ensure that the vision of the Specific Plan translates to the ultimate built environment. Standards are mandatory requirements that are enforced by terms such as “shall” or “will”. Guidelines are suggested or encouraged but are not explicitly mandatory. However, their intent represents an objective of the Glen Loma Ranch Specific Plan and as such they are intended to be followed in spirit if not literally. Thus, guidelines leave some flexibility for design creativity to meet the intent of the guideline and are promulgated by terms such as “should” or “may”. The following development standards and guidelines are applicable to the proposed project.

8.1 p. 214 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 9 of 18 March 17, 2025 1 9

APPLICABLE GLEN LOMA RANCH DEVELOPMENT STANDARDS

STANDARD CONSISTENCY ANALYSIS
POSS-5: In order to protect the
preserved natural open space from
urban intrusion, the creation of open
space buffers surrounding the open
space will be required.

The buffers/FTZs shown on the proposed
tentative map (TM 24-03) comply with Specific
Plan requirements. These buffers, which act as
fuel transition zones (FTZ), are areas of mowed,
native vegetation and are specified in Specific
Plan figure 26.

LUS-1: Each Neighborhood within
the Specific Plan shall observe the
setbacks to natural features
established within the Specific Plan
and project Mitigation Measures.

The Town Center Flex and Malvasia II
neighborhoods are surrounded by developed or
developing land (e.g., the future fire station).

However, the Canyon Creek and Rocky Knoll
subdivisions are largely surrounded by
preserved natural open space and other open
space. Lot setbacks to the open space areas
and the creation of a fuel transition zone were
established during development of the Specific
Plan. These areas are indicated on Specific
Plan Figure 25. The lots within these
subdivisions have been designed in accordance
with this plan.

LUS-2: The Neighborhoods within
the Specific Plan shall provide visual
as well as physical access to the
natural features being preserved and
enhanced subject to environmental
consideration where appropriate.

The Canyon Creek and Rocky Knoll
subdivisions preserve the view of the preserved
open space areas via buffers, open rail fencing,
and subdivision design (e.g., lots backing onto
open space). The Rocky Knoll trail and Santa
Teresa trail will provide access to the open
space areas.

LUS-11: Streets, and/or trails shall
link schools, parks, commercial
areas, and residential
neighborhoods to ensure pedestrian
access.

The Specific Plan has been designed with a
system of streets and trails that connect the
schools, parks, commercial area and
neighborhoods within the Specific Plan area.

The proposed tentative map implements this
aspect of the Specific Plan by constructing
streets that will connect to the master planned
street system, as well as constructing the

8.1 p. 215 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 10 of 18 March 17, 2025 1 9

APPLICABLE GLEN LOMA RANCH DEVELOPMENT STANDARDS

STANDARD CONSISTENCY ANALYSIS
adjacent segments of Santa Teresa trail and the
Rocky Knoll trail.

TCMF / OSS-2: Provide pedestrian
paths to connect parking, open
space and recreational facilities.

The proposed tentative maps have been
designed with sidewalks that connect private
residential parking, public open space and
recreational facilities.

TRS-2: The route and destination
points of the various trail segments
will be conceptually set through the
adoption of the Glen Loma Ranch
Specific Plan. Future Neighborhoods
that develop adjacent to the trail
segments shall respect the trail
alignments as adopted.

TRS-4: Trail segments will be
constructed by individual projects
adjacent to the trails. The completed
trail segments and an area
equivalent to the width of future
multi-use trails will be built to City
standards and dedicated to the City
of Gilroy.

As illustrated in Figure 24 of the Glen Loma
Ranch Specific Plan, the Santa Teresa trail runs
parallel to the southerly boundary of the entire
Specific Plan area. The Reservoir Canyon Trail
and the Rocky Knoll Trail connect to the Santa
Teresa trail at Reservoir Canyon. These trails
run perpendicular to the Santa Teresa trail and
converge at West Luchessa Avenue where the
Reservoir Canyon trail continues on to
Christmas Hill Park. The Rocky Knoll trail runs
along the eastern side of the Canyon Creek and
the Rocky Knoll Neighborhoods. The Reservoir
Canyon trail runs along the western side of the
Town Center Flex area.

The tentative map (TM 24-03) has been
designed to accommodate construction of a
segment of the Santa Teresa trail and the Rocky
Knoll trail, as envisioned by the Specific Plan.

FPS-1: The size of each Focal Point
shall be at least 4,500 square feet in
size.

The proposed focal point areas exceed 4,500
square feet, as illustrated in the lot summary
table on sheet 2 of Tentative Map TM 24-03. No
focal points are proposed or required in the
Town Center Flex neighborhood (TM 24-02).

NLS-1: Neighborhoods that lie
adjacent to Santa Teresa Boulevard
shall provide a fifty-foot (50’) buffer
The Malvasia II and Rocky Knoll neighborhoods
are located adjacent to Santa Teresa Boulevard
and will be visible from that roadway. The
developer has designed both neighborhoods to

8.1 p. 216 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 11 of 18 March 17, 2025 1 9

APPLICABLE GLEN LOMA RANCH DEVELOPMENT STANDARDS

STANDARD CONSISTENCY ANALYSIS
for acoustical and aesthetic
considerations.
accommodate single-family detached dwelling
units adjacent to Santa Teresa Boulevard.

Architectural plans have not yet been submitted,
however the residential homes shall be setback
at least 50 feet from Santa Teresa Boulevard.

APPLICABLE GLEN LOMA RANCH DEVELOPMENT GUIDELINES

GUIDELINE CONSISTENCY ANALYSIS
VAG-1: Through streets are
preferred, but loop streets are
permitted to form interconnecting
grid patterns.

The proposed tentative maps propose a
combination of through and looped streets.

NLG-2: In cases where sound walls
are used, the following measures
should be used: Breaks and
openings shall be incorporated in the
design of the sound walls. Locate
sound walls behind berms and/ or
landscaping to screen them from
Santa Teresa Boulevard.

Portions of the Rocky Knoll and Malvasia II
neighborhoods back onto Santa Teresa
Boulevard while portions of the Canyon Creek
and Town Center Flex neighborhoods back onto
Luchessa Avenue, necessitating a soundwall.

An acoustical analysis prepared for the Specific
Plan determined that soundwalls with a height of
six feet are adequate to meet General Plan
noise standards. Therefore, all proposed
soundwalls are six feet in height.

The soundwalls will be broken up with open rail
fencing in addition to breaks in the wall to
accommodate access to the trails, sidewalks,
and neighborhood streets. The soundwalls will
also be screened with landscaping between the
soundwall and Santa Teresa Boulevard.

The January 16, 2025 Planning Commission
presentation will include a graphic illustrating the

8.1 p. 217 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 12 of 18 March 17, 2025 1 9

APPLICABLE GLEN LOMA RANCH DEVELOPMENT GUIDELINES

GUIDELINE CONSISTENCY ANALYSIS
soundwalls, two rail fencing, and landscape
screening.

Future Architectural and Site Reviews: In accordance with the Glen Loma Ranch Development Agreement (DA), Architectural and Site Review permits for the four proposed neighborhoods would be approved administratively by the Planning Manager at staff level, provided the plans are consistent with the Glen Loma Ranch Specific Plan.

ANALYSIS
Subject Property and Surrounding Land Uses: The two tentative map applications are in the central portion of the Glen Loma Ranch Development, northeast of Santa Teresa Boulevard and northwest of the Eagle Ridge development. The overall development, including the proposed tentative map neighborhoods, is illustrated in the color graphic under the Glen Loma Ranch Specific Plan Area description in the background section of this staff report. Additional information on surrounding land uses is provided under each neighborhood description.

Proposed Street Names: The names of the new private streets have been approved in accordance with the Development Agreement and have been reviewed and approved by the City of Gilroy Street Naming Task Force, which includes representatives from the Police, Fire, Engineering, Building, and Planning Divisions.

Tentative Map application TM 24-02: TM 24-02 comprises APN # 808-58-002 and 808-58-003. The Town Center Flex site is located southwest of West Luchessa Avenue, northwest of West 10th Street, north of Loma Ranch Street, and east of Miller Avenue.

The Town Center multi-family Neighborhood is located to the south of the Town Center Flex Neighborhood while the Glen Loma Ranch below-market-rate affordable housing development is located to the north on the other side of West Luchessa Avenue.

Reservoir Canyon is located to the west of the Town Center Flex Neighborhood on the other side of Miller Avenue.

TM 24-02 would subdivide approximately 6.7 acres for development of the Town Center Flex Neighborhood. Per page 104 of the Specific Plan, attached residential duplexes (e.g., duets) are permitted uses in the Glen Loma Ranch Town Center Flex area. TM 24-02 proposes 42 single-family duet residential lots, associated private streets, and

8.1 p. 218 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 13 of 18 March 17, 2025 1 9
four (4) private open space parcels that will be maintained by the homeowners’ association. The future fire station will be located on Parcel Q illustrated below.

Tentative Map application TM 24-03: TM 24-03 comprises APN # 808-18-032 and 808-58-005. TM 24-03 requests subdivision of approximately 41.37 acres for development of three neighborhoods in the Glen Loma Ranch Specific Plan area. Each of the three proposed neighborhoods, including their general surroundings are further described below. TM 24-03 proposes 40 compact single-family lots in the Canyon Creek neighborhood; 21 compact single-family lots in the Rocky Knoll neighborhood; and 23 compact single-family lots in the Malvasia II neighborhood, for a total of 84 single-family residential lots. Compact lots are described in the Specific Plan in Section 7, page 24.

Per page 69 of the Specific Plan, single-family detached traditional or compact residential lots are a permitted residential product type in the Malvasia neighborhood.

Per page 70 of the Specific Plan, single-family detached traditional or compact residential lots are a permitted residential product type in the Canyon Creek neighborhood. Per page 71 of the Specific Plan, single-family detached compact residential lots are a permitted residential product type in the Rocky Knoll neighborhood.

8.1 p. 219 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 14 of 18 March 17, 2025 1 9
Per page 104 of the Specific Plan, attached residential units, such as duplexes, are permitted use in the Town Center Flex area.

In addition to associated public and private streets, TM 24-03 would create one public open space parcel for the construction of the Santa Teresa trail, one public trail easement for the Rocky Knoll trail, and 21 private open space parcels that will be maintained by the homeowners’ association.

Canyon Creek Neighborhood: The Canyon Creek neighborhood is located southwest of the West Luchessa Avenue extension (to be constructed with this development) between Miller Avenue and Vintner Street but is otherwise surrounded by open space reserve, including Reservoir Canyon Creek to the east. A portion of the Rocky Knoll trail (a hiking and bicycle trail) running adjacent to Reservoir Canyon Creek will be developed with this neighborhood. Access to the overall neighborhood will be via West Luchessa Avenue and Vintner Street. The Canyon Creek neighborhood consists of 40 single-family compact lots, at a density of 10.26+/- Dwelling Units (DU)/net acre. All lots within this neighborhood are accessed by private streets (Vinador Place, Fortino Court, Bellini Court) with on-street parking in addition to private garages and driveways that would be proposed as part of the future architectural and site review applications. Lots in this neighborhood range in size from 3,520+/- to 7,200+/- square feet. Lots 3, 4, 9,

8.1 p. 220 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 15 of 18 March 17, 2025 1 9
10, 15; 16 through 25; 35 and 36 will side or back onto private preserved open space areas. Lots 1 - 3 and 36 - 40 back onto West Luchessa Avenue, necessitating a 6-foothigh sound wall on that street, consistent with the acoustic analysis. The open space area (B-12) will be separated from Luchessa Avenue by open rail fencing.

Rocky Knoll Neighborhood: The Rocky Knoll neighborhood is a triangular shaped site surrounded by the Rocky Knoll open space reserve to the north, Reservoir Canyon to the east, and Santa Teresa Boulevard to the southwest. Like the Canyon Creek neighborhood, a portion of the Rocky Knoll trail will be developed with this neighborhood. The Rocky Knoll neighborhood will be developed with 21 single-family detached homes, at a density of 10.0+/- DU/net acre. Access to the Rocky Knoll neighborhood will be via Vintner Street and the neighborhood will be served by Merlot Court, a private street. Lots in this neighborhood range in size from 3,500+/- to 7,700+/- square feet. Lots 64-76 will back onto the Rocky Knoll open space area. Lots 78, 79, 82, 83, and 84 are located adjacent to Santa Teresa Boulevard, necessitating a 6-foot high sound wall, consistent with the acoustic analysis. The open space area (B-19) will be separated from Santa Teresa Boulevard by open rail fencing.

Malvasia II Neighborhood: The Malvasia II neighborhood is a triangular shaped site located northeast of Santa Teresa Boulevard, west of the Malvasia I site, and southeast of West Luchessa Avenue and the Montecito neighborhood. Access to the neighborhood will be via Merlot Drive, a private street. The Malvasia II neighborhood will be developed with 23 single-family detached homes, at a density of 9.02+/- DU/net acre. Lots in this neighborhood range in size from 3,800+/- to 8,100+/- square feet. The Malvasia II neighborhood includes private open space areas for landscaping and a focal point. Lots 41-44 and 53 are located adjacent to Santa Teresa Boulevard, necessitating a 6-foot high sound wall, consistent with the acoustic analysis. The open space areas (B-16 and B-18) will be separated from Santa Teresa Boulevard by open rail fencing.

Flood Zone: As analyzed in the Glen Loma Ranch Specific Plan, the proposed development areas are not within the Federal Emergency Management Agency (FEMA) 100-year flood plain or flood way. There is only a small portion of the Specific Plan area within a floodplain designated by the FEMA Flood Insurance Rate map; however, this area is not proposed for development.

Technical Advisory Committee Review: Both tentative maps have been reviewed by the City’s Technical Advisory Committee, which is comprised of staff from the Fire, Police, Engineering, Building, and Planning departments. The maps have also been reviewed by applicable agencies (e.g. Valley Water, Valley Transportation Authority, and the Gilroy Unified School District). Based on this review, conditions of approval have been prepared in conformance with the requirements of City Code.

Tentative Map Findings: Pursuant to Government Code section 66473.5, for a city to approve a subdivision map, it must make a finding that a proposed subdivision is

8.1 p. 221 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 16 of 18 March 17, 2025 1 9
consistent with its general plan. Government Code Section 66474 further provides that a city shall deny approval of a tentative tract or parcel map if it makes any one of seven specific “negative” findings. Thus, for a city to approve a tentative tract or parcel map, it must find the inverse of the following seven “negative” findings in section 66474. a. That the proposed subdivision is not consistent with applicable general and specific plans as specified in Section 65451.
b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
c. That the site is not physically suitable for the type of development. d. That the site is not physically suitable for the proposed density of development. e. That the design of the proposed subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
f. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

The proposed Tentative Maps (TM 24-02 and TM 24-03) are consistent with the intent of the goals and policies of the Gilroy 2040 General Plan and the Glen Loma Ranch Specific Plan (Findings a. and b.). Physical suitability for the type and density of development proposed was analyzed in the adopted Glen Loma Ranch Specific Plan and environmental review documents (Findings c. and d.). Potential environmental impacts have been analyzed in the certified and adopted Environmental Impact Report (EIR) and adopted EIR Addenda for the Specific Plan (Findings e. and f.). The developer will dedicate trail land to the City for the Santa Teresa trail improvements and easements, the public right-of-way along West Luchessa Avenue, and land required for public service easements (Finding g.).

Because the above seven findings can be made in the negative, staff recommends approval of the proposed tentative maps (TM 24-02 and TM 24-03), as conditioned in the attached draft resolutions, including all mitigation measures.

8.1 p. 222 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 17 of 18 March 17, 2025 1 9

ALTERNATIVES

1. As the proposed tentative map conforms to City goals and policies, including the Glen Loma Ranch Specific Plan, and staff cannot make any of the negative findings in Government Code Section 66474, the City Council could adopt a resolution approving tentative map applications TM 24-02 and TM 24-03. STAFF RECOMMENDS THIS OPTION.

2. The City Council could deny this tentative map request if the Council makes at least one of the findings contained in Government Code section 66474, listed in the “Findings” section of this staff report. A denial would leave this property without subdivision approval. STAFF DOES NOT RECOMMEND THIS OPTION.

FISCAL IMPACT/FUNDING SOURCE
The applicant paid all costs associated with processing this tentative map request. The future costs of processing final maps, improvement plans, and architectural and site review applications will be paid by the applicant.

PUBLIC OUTREACH
On February 5, 2025, notices of the two Tentative Map applications and the February 20, 2025 Planning Commission meeting were mailed to property owners within 500 feet of the subject site, utilizing data from the County Assessor. The notice was also published in the Gilroy Dispatch on February 7, 2025.

On March 7, 2025, notices of the two Tentative Map applications and the March 17, 2025 City Council meeting were mailed to the property owners within 500 feet of the subject site, utilizing data from the County Assessor. The notice was also published in the Gilroy Dispatch on March 7, 2025.

NEXT STEPS
If approved, the developer will submit final map and improvement plans to the City for processing to complete this subdivision request.

In accordance with Section 21.41(I) of the Gilroy City Code, initial approval of a tentative map is valid for twenty-four (24) months. Such approval may only be extended at the Council’s discretion.

Attachments:

1. TM 24-02 Location Map

2. TM 24-03 Location Map

8.1 p. 223 of 427
Two Tentative Map applications to subdivide approximately 6.7 acres into 42 single-family duet residential lots (TM 24-02) and approximately 41.36 acres into 84 single-family residential lots (TM 24-03) in the Glen Loma Ranch Specific Plan area
City of Gilroy City Council Page 18 of 18 March 17, 2025 1 9

3. TM 24-02 Tentative Map (proposed)

4. TM 24-03 Tentative Map (proposed)

5. TM 24-02 Draft Resolution

6. TM 24-03 Draft Resolution

7. Glen Loma Ranch Specific Plan (link)

8. Glen Loma Ranch Draft EIR (link)

9. Glen Loma Ranch Final EIR (link)

10. EIR Addendum #1 (link)

11. EIR Addendum #2 (link)

8.1 p. 224 of 427

8.1 p. 225 of 427

8.1 p. 226 of 427

8.1 p. 227 of 427

8.1 p. 228 of 427

8.1 p. 229 of 427

8.1 p. 230 of 427

8.1 p. 231 of 427

8.1 p. 232 of 427

8.1 p. 233 of 427

8.1 p. 234 of 427

8.1 p. 235 of 427

8.1 p. 236 of 427

8.1 p. 237 of 427

8.1 p. 238 of 427

8.1 p. 239 of 427

8.1 p. 240 of 427

8.1 p. 241 of 427

8.1 p. 242 of 427

8.1 p. 243 of 427

8.1 p. 244 of 427

8.1 p. 245 of 427

8.1 p. 246 of 427

8.1 p. 247 of 427

8.1 p. 248 of 427

8.1 p. 249 of 427

8.1 p. 250 of 427

8.1 p. 251 of 427

8.1 p. 252 of 427

8.1 p. 253 of 427

8.1 p. 254 of 427

8.1 p. 255 of 427

8.1 p. 256 of 427
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
RECOMMENDING APPROVAL OF TENTATIVE MAP TM 24-02, A
SUBDIVISION OF AN APPROXIMATE 6.7-ACRE SITE INTO 42 SINGLEFAMILY DUET RESIDENTIAL LOTS, ASSOCIATED PRIVATE STREETS, AND FOUR (4) PRIVATE OPEN SPACE PARCELS THAT
WILL BE MAINTAINED BY THE HOMEOWNERS’ ASSOCIATION ON

PROPERTY LOCATED SOUTHWEST OF WEST LUCHESSA AVENUE,
NORTHWEST OF WEST 10TH STREET, NORTH OF LOMA RANCH
STREET, AND EAST OF MILLER AVENUE (APN # 808-58-002 AND 808- 58-003), FILED BY GLEN LOMA GROUP/FILICE FAMILY ESTATE, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020.

WHEREAS, The Glen Loma Group/Filice Family Estate submitted an application requesting a tentative map to subdivide an approximate 6.7-acre site into 42 single-family duet residential lots, associated private streets, and four (4) private open space parcels that will be maintained by the homeowners’ association; and
WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan area, northwest of West 10th Street, east of Miller Avenue, north of Loma Ranch Street, and south of West Luchessa Avenue, commonly known as the Town Center Flex neighborhood; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan, application GPA 00-01 (Resolution 2005-82); and WHEREAS, on November 7, 2005, the City of Gilroy adopted and certified an Environmental Impact Report (EIR) and a Mitigation Monitoring Program for the Specific Plan (Resolution 2005-81); and
WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement (Ordinance 2005-22); and
WHEREAS, pursuant to Section 3.13 of the Development Agreement, the City and Glen Loma Ranch have entered into four operating memoranda to make necessary clarifications and minor modifications to the Development Agreement; and
WHEREAS, on May 19, 2014, the City of Gilroy City Council adopted an addendum to the certified EIR (EIR Addendum #1), modifying Mitigation Measures #4, #23, and #31, and deleting Mitigation Measures #32, and #42 (Resolution 2014-19); and WHEREAS, the Glen Loma Ranch Specific Plan forecasted a buildout of 1,693 dwelling units, up to 7.8 acres of commercial/retail uses, and 145 acres of parks and open space with an extensive trail system linking the various neighborhoods and a town center component; and WHEREAS, the current planned buildout of the Glen Loma Ranch Specific Plan is 1,467 dwelling units and up to 12,000 square feet of commercial/retail uses, which is much less intensive than the anticipated buildout allowed under the Specific Plan; and WHEREAS, on October 7, 2024, the City of Gilroy City Council adopted a second addendum to the certified EIR (EIR Addendum #2), concluding that, under the current planned

8.1 p. 257 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

buildout, the triggering conditions for EIR Mitigation Measures 36, 37, 39, 41, 43, and 44 are not met, and thus they are not required to be implemented, and also that Mitigation Measure 34 has been satisfied through the installed signalization (Resolution 2024-46); and WHEREAS, the proposed Tentative Map is consistent with the Glen Loma Ranch Specific Plan EIR as amended, and none of the conditions described in CEQA Guidelines Sec. 15162 (e.g., substantial project changes causing new or more severe environmental impacts than shown in the EIR) are present. Therefore, the project does not require independent CEQA review, beyond EIR Addendum #2. Furthermore, the Project is not subject to CEQA under the commonsense exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment [State CEQA Guidelines Section 15061(b)(3)].

WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR and the adopted Addenda to the EIR; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 20, 2025, at which time the Planning Commission considered the public testimony, the staff report dated February 20, 2025, the 2005 Glen Loma Ranch Specific Plan, the 2005 Glen Loma Ranch Specific Plan EIR, EIR Addenda, Mitigation Monitoring Plan, the Gilroy General Plan and Zoning Ordinance, other applicable standards and regulations, and all other documentation related to TM 24-02; and
WHEREAS, on February 20, 2025, the Planning Commission considered and recommended that the City Council find that no additional CEQA analysis is required and recommended that the City Council approve TM 24-02 with 134 conditions; and WHEREAS, the City Council held a duly noticed public hearing on March 17, 2025, at which time the City Council considered the public testimony, the staff report dated March 17, 2025 (“City Council Staff Report”), and all other documentation related to TM 24-02; and WHEREAS, the City Council finds that no additional CEQA analysis is required, and that all 134 conditions including incorporation of the mitigation measures pursuant to the adopted 2005 Environmental Impact Report (EIR) and Mitigation Monitoring Program, as amended by the EIR Addenda, are necessary to preserve, protect, provide for, and foster the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular; and
WHEREAS, the City Council finds that TM 24-02 conforms to the City's General Plan and elements thereof, and the “Glen Loma Ranch Specific Plan”; and NOW, THEREFORE, BE IT RESOLVED THAT:

8.1 p. 258 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

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

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

This Finding cannot be made. The proposed subdivision is consistent with the Glen Loma Specific Plan, which includes a discussion on the Glen Loma Ranch Specific Plan’s relationship to, and consistency with, the City’s General Plan. The Glen Loma Ranch Specific Plan was developed in compliance with Government Code 65451.

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

This Finding cannot be made. The proposed subdivision is consistent with the Glen Loma Specific Plan, which includes a discussion on the Glen Loma Ranch Specific Plan’s consistency with the City’s General Plan. Future development of the subdivision shall be consistent with the Glen Loma Ranch Specific Plan and the applicable goals and policies of the City’s General Plan.

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

This Finding cannot be made. The site is physically suitable for this type of development because the proposed subdivision is one of several neighborhoods within the Glen Loma Ranch Specific Plan, which underwent a comprehensive planning effort, including the adopted and certified Environmental Impact Report (EIR), Mitigation Monitoring Program, and EIR Addenda #1 and #2. The adopted Specific Plan includes a general description of the distribution, location, and extent of land uses, including open space, within the Specific Plan area; the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities needed to support the proposed subdivision; the standards and criteria by which development will proceed; and standards for the conservation, development, and utilization of natural resources, where applicable. The proposed subdivision shall also be consistent with the Tentative Map conditions of approval and mitigation measures.

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

This Finding cannot be made. The site is physically suitable for the proposed density, and consistent with the Glen Loma Ranch Specific Plan and the City’s Neighborhood District target housing mix. The proposed subdivision is one of several neighborhoods within the Glen Loma Ranch Specific Plan, which underwent a comprehensive planning effort, including the adopted and certified Environmental Impact Report (EIR), Mitigation Monitoring Program, and EIR

8.1 p. 259 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

Addenda #1 and #2. The proposed subdivision shall also be consistent with the Tentative Map conditions of approval and mitigation measures.

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

This Finding cannot be made. The design of the subdivision and the proposed improvements will not cause substantial environmental damage, or substantially injure fish or wildlife because the proposed subdivision is part of the Glen Loma Ranch Specific Plan which was analyzed for potential environmental impacts, as further described in the adopted and certified Environmental Impact Report (EIR), Mitigation Monitoring Program, and EIR Addenda #1 and #2. The proposed Tentative Map includes conditions of approval and mitigation measures in conformance with the adopted EIR and Addenda.

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

This Finding cannot be made. The design of the proposed subdivision will not cause serious public health problems because the site is located within an urban context and has access to urban services including sewer and water.

G. That the design of the proposed subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

This Finding cannot be made. The design of the proposed subdivision TM 24-02 will not conflict with any known access easements. The developer will dedicate land to the City for public right-of-way, trail improvements and easements, and public service easements.

SECTION II
The City Council of the City of Gilroy hereby approves TM 24-02, subject to the 134 conditions of approval set forth in Exhibit “A” attached hereto.

8.1 p. 260 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

PASSED AND ADOPTED this 17th day of March 2025 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:

Bryce Atkins, Acting City Clerk

8.1 p. 261 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

CERTIFICATE OF THE CLERK
I, BRYCE ATKINS, Acting City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, March 17, 2025, with a quorum present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Bryce Atkins
Acting City Clerk of the City of Gilroy
(Seal)

8.1 p. 262 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

EXHIBIT A

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

1. APPROVED PROJECT: The approval for tentative map TM 24-02 is granted to subdivide an approximate into 42 single-family duet residential lots, associated private streets, and four (4) private open space parcels that will be maintained by the homeowners’ association on Assessor Parcel No. 808-58-002 and 808-58-003, as shown on Project Plans dated as received by the Planning Division on October 30, 2024 prepared by Ruggeri-Jensen-Azar for the Glen Loma Corporation, dated October 2024, and consisting of 9 sheets.

Build-out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans, including any changes made at time of improvement plan submittal, shall be considered by the Community Development Director or designee, may require separate discretionary approval by the appropriate decision making body, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council.

2. TENTATIVE MAP EXPIRATION: An approved tentative map or vesting tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Map Act, if the final map is not approved prior to expiration.

3. CONDITIONS OF APPROVAL: Prior to issuance of any Architectural and Site Review permit, Building Permit, Grading Permit, or Improvement Plan, whichever is first issued, Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval and mitigation measures of this permit, as adopted by the decision-maker.

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

8.1 p. 263 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

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

5. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein

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

27.98. MITIGATION MEASURES. The following Mitigation Measures are included as conditions of approval, pursuant to the adopted 2005 Glen Loma Ranch Specific Plan EIR and Mitigation Monitoring Program as amended by Addenda #1 and #2 to the EIR, in conformance with the California Environmental Quality Act.

7. (corresponds to EIR Mitigation Measure 3)
Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division:

The following measures shall be implemented at all construction sites:
• Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard;
• Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and
• Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.

The following measures shall be implemented at all construction sites greater than four acres in area:
• Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15 mph;
• Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and

8.1 p. 264 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

• Replant vegetation in disturbed areas as quickly as possible.

The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions:
• Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site;
• Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas;
• Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and
• Limit the area subject to excavation, grading and other construction activity at any one time.

8. (corresponds to EIR Mitigation Measure 5)
Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required.

9. (corresponds to EIR Mitigation Measure 6)
Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre-construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site.

Specifications of the alternate roost shall be determined by a bat specialist.

10. (corresponds to EIR Mitigation Measure 8)
Prior to approval of each tentative map or use permit, project plans for future

8.1 p. 265 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site’s drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following:
• Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on-site revegetation with locally-obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on-site at a minimum 3:1 replacement ratio.

11. (corresponds to EIR Mitigation Measure 9)
Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat.

Replacement vegetation shall consist of locally-obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on-site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on-site oak woodland at a ratio of 3:1 and replanting on-site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game.

8.1 p. 266 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

12. (corresponds to EIR Mitigation Measure 10)
Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak/riparian woodland habitat.

13. (corresponds to EIR Mitigation Measure 13)
Prior to issuance of grading and/or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek.

Also see condition of Approval #139

14. (corresponds to EIR Mitigation Measure 14)
Prior to issuance of grading and/or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non-native, invasive plant species.

15. (corresponds to EIR Mitigation Measure 16)
A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas.

16. (corresponds to EIR Mitigation Measure 17)
Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division.

8.1 p. 267 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

17. (corresponds to EIR Mitigation Measure 19)
Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete.

18. (corresponds to EIR Mitigation Measure 20)
Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits.

19. (corresponds to EIR Mitigation Measure 21)
The project applicant shall design all structures in accordance with the California Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy Building Division prior to the issuance of building permits.

20. (corresponds to EIR Mitigation Measure 24)
The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water “Best Management Practices” to control runoff, erosion and sedimentation from the site.

The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project.

21. (corresponds to EIR Mitigation Measure 25)
Prior to approval and issuance of building or grading permits, the project applicant shall submit plans for review by, and obtain an approved permit from, the Santa Clara Valley Water District for any work that requires a permit from the water district.

8.1 p. 268 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

22. (corresponds to EIR Mitigation Measure 26)
Future applicants in the Glen Loma Ranch specific plan area shall prepare a postconstruction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable.

23. (corresponds to EIR Mitigation Measure 28)
Prior to issuance of a building or grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division:
a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays;
b. All internal combustion engine-driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and c. Stationary noise-generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area.

24. (corresponds to EIR Mitigation Measure 34 and EIR Addendum #2) This mitigation measure is complete.

Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection.

25. (corresponds to EIR Mitigation Measure 35)
Add a northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection.

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure. The northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection shall be operational prior to the issuance of the last building permit for the Filice Family/Christoper owned land (or its successors).

26. (corresponds to EIR Mitigation Measure 36 and EIR Addendum #2) This mitigation was completed with preparation of the 2019 to 2022 Higgins Traffic memorandums.

Prepare a traffic management plan of the Miller Avenue street section southwest

8.1 p. 269 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

of the intersection with Uvas Park Drive. The project proponent shall be responsible for preparation of the plan. The plan shall be subject to review and approval by the City staff.

27. (corresponds to EIR Mitigation Measure 37 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-02, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-02, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”).

If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure.

Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit.

28. (corresponds to EIR Mitigation Measure 39 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-02, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-02, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”).

If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure.

Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left-turn lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit.

Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street

8.1 p. 270 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

Bridge were constructed. One option would be to only add the northbound left-turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left-turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions.

29. (corresponds to EIR Mitigation Measure 41 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-02, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-02, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”).

If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure.

If the Thomas Road/Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours.

OR
If the Thomas Road/Luchessa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes.

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit.

30. (corresponds to EIR Mitigation Measure 43 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-02, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-02, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”).

If development is proposed that exceeds the Current Projected Buildout, additional

8.1 p. 271 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure.

Add second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection.

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit.

31. (corresponds to EIR Mitigation Measure 44 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-02, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-02, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”).

If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure.

Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard.

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit.

32. (corresponds to EIR Mitigation Measure 50)
Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single-family and multi-family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies.

8.1 p. 272 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

33. (corresponds to EIR Mitigation Measure 52)
The Glen Loma Ranch Homeowner’s Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season. This language shall be included in the HOA conditions, covenants, and restrictions.

The following conditions shall be addressed prior to issuance of any GRADING PERMIT or IMPROVEMENT PLAN.

34. CONDITIONS OF APPROVAL: As part of any future project submittals (e.g., grading permit or improvement plan), developer shall include a plan sheet(s) that includes a reproduction of all mitigation measures and conditions of approval of this permit, as adopted by the City Council.

The following conditions shall be met prior to tract acceptance.

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

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

36. TENTATIVE MAP: The approved tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Subdivision Map Act and Gilroy City Code section 21.41 (i), if the final map is not approved prior to expiration.

37. HOMEOWNERS’ ASSOCATION: Developer shall establish Homeowners’ Associations (HOA) for the Town Center Flex neighborhood or annex this neighborhood into the existing Glen Loma Ranch HOA. The HOAs shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the Covenants, Conditions, and Restrictions (CC&Rs) for the development. The City shall review all CC&Rs prior to recordation.

38. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions,

8.1 p. 273 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail.

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

39. CONSTRUCTION RELATED NOISE: To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site “During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area;
c. Construct sound walls or other noise reduction measures prior to developing the project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment;
e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.”

40. CONSTRUCTION RELATED AIR QUALITY: To minimize potential constructionrelated 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:

8.1 p. 274 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

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

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

41. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following:
a. Contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training;
b. Contractor will stockpile soil during development activities to allow for proper characterization and evaluation of disposal options;
c. Contractor will monitor area around construction site for fugitive vapor emissions with appropriate filed screening instrumentation; d. Contractor will water/mist soil as it is being excavated and loaded onto transportation trucks;
e. Contractor will place any stockpiled soil in areas shielded from prevailing winds; and
f. Contractor will cover the bottom of excavated areas with sheeting when work is not being performed.

8.1 p. 275 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

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

43. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site:
“If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately.

The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party.”

44. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans:
“If human remains are found during earth-moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a

8.1 p. 276 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.”

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

45. GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Clearly identify both public and private utilities.

46. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval.

47. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy General Guidelines. A complete set of improvement plans shall consist of Civil site design, landscape site design, Electrical, Joint Trench.

48. GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities (Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the maintenance responsibilities of all facilities.

49. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct a proposed improvement requiring such permits. A copy of these permits will be provided prior to the start of construction for such improvement. Issuance of residential building permits will not be impacted related to such jurisdictional permits.

50. GENERAL – Improvement plans are required for both on-site and off-site improvements.

8.1 p. 277 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

51. GENERAL - Existing overhead utilities (if they exist) shall be undergrounded and related utility poles removed along the property frontage

52. GENERAL - All existing public utilities shall be protected in place and if necessary, relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy.

53. GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City.

54. GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer.

55. GENERAL - Prior to issuance of any building permits, developer shall submit for City approval water, sewer and storm drain studies for the development.

These studies shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline.

56. GENERAL - At first improvement plan submittal, developers engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria.

57. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Latest City impact fee schedule is available on the City’s website. Payment of development impact fees will be required for each unit prior to permit issuance and shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy.

58. FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the project engineer, subject to City Engineer approval. Cost estimate shall be broken out into on-site and off-site improvements.

59. FEE - Prior to final map approval, Developer shall pay 100% of the plan check and processing fees and other related fees that the property is subject to, enter

8.1 p. 278 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

into a property improvement agreement, and provide payment and performance bonds each for 100% of the cost for improvements with the City that shall secure the construction of the improvements. Insurance shall be provided per the terms of the agreement.

60. GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be added to the grading plans prior to plan approval.

61. GRADING & DRAINAGE - Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with their recommendations and the peer review comments. The applicant’s Geotechnical engineer’s approval shall then be conveyed to the City either by letter or by signing the plans.

62. GRADING & DRAINAGE - At first improvement plan submittal, the developer shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas.

Study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition). Existing offsite drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by the development.

8.1 p. 279 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

63. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor.

64. GRADING & DRAINAGE - Improvement and grading plans shall show existing topo and features at least 50’ beyond the project boundary. Clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances.

65. PUBLIC IMPROVEMENTS – Prior to Final Map approval, developer shall execute a property improvement agreement and post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement.

66. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing damaged improvements not designated for removal and all new improvements that are damaged or removed because of developer's operations. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.

67. CONSTRUCTION - Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s Valley Water’s municipal industrial rate.

68. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate.

69. CONSTRUCTION - The City shall be notified at least fifteen (15) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list.

70. CONSTRUCTION - Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays. Saturday 9:00 a.m. to 7:00 p.m. for general construction activity and only with approval by the City Engineer. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes.

8.1 p. 280 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

71. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director.

72. CONSTRUCTION - If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan.

73. CONSTRUCTION - It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains.

74. CONSTRUCTION - At least two weeks prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice.

75. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer.

76. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right of way.

77. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director.

8.1 p. 281 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL

78. FEE – The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The latest City impact fee schedule is available on the City website. Payment of Impact Fees is required at the time of each building prior to Grading permit issuance. Fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. The following are approximate impact fees, estimated when the project was proposed to the Planning Commission.
i. Street Tree Development = $2,653
ii. Storm Development = $6,656
iii. Sewer Development = $319,192
iv. Water Development = $81,732
v. Traffic Impact = $469,980
vi. Public Facilities = $843,738
Actual fees will be based on Final Design information and the Current Comprehensive Fee Schedule in effect at the time of fee payment, consistent with and in accordance with City policy.

79. FEE - At first improvement plan submittal, Developer shall submit to Public Works a $25,000 (Twenty-Five Thousand) initial deposit for plan check and processing. This deposit will be credited/accounted for toward final plan check and inspection fee.

80. GENERAL - No building permits shall be issued until the Final Map is recorded.

81. GENERAL - The approved construction schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents.

82. GENERAL - A current Title Report dated within the last six months, shall be submitted with the first submittal improvement plans. An existing site plan shall be submitted showing all existing site conditions and title report easements.

Include bearings and distances for all Right of Way and Easements on the plans.

8.1 p. 282 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

83. GENERAL - The Developer shall provide a “composite plan” showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled “Composite Plan”) to confirm that there are no conflicts.

84. GENERAL - At first submittal, developer shall provide a Geotechnical report that includes pavement section recommendations for all public and private street pavement sections.

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

86. PUBLIC IMPROVEMENTS – All work in the public right of way, or for public use, shall require an encroachment permit issued by Public Works, and shall be contained in one set. Plans are to be submitted to Public Works for review and approval.

87. PUBLIC IMPROVEMENTS – Offsite improvement plans shall be completed per the Public Works Engineering Checklist found in the Public Works, Engineering, portion of the City’s website. Partial submittals shall not be accepted. Applicant shall make a pre-submittal appointment with the Public Work Land Development Section, to review that all submittal applications items are complete.

88. PUBLIC IMPROVEMENTS – Prior to Final Map Approval, the developer shall obtain design approval and bond for all necessary improvements. All improvements must be built to the city Engineer’s satisfaction prior to issuance of the last certificate of occupancy

89. PUBLIC IMPROVEMENTS – At first plan submittal, provide all sight distance exhibits showing adequate sight distance.

90. CONSTRUCTION - All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day.

8.1 p. 283 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

91. CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils engineer to daily submit all testing and sampling and reports to the City Engineer.

92. CONSTRUCTION – Prior to Final Map approval, the Developer/Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Prospect, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weekly.

93. CONSTRUCTION - Grading operations between October 15 and April 15 will not be allowed. Grading operations may occur only for minor operations and only approval by Public Works in a separate winterized grading plan to be submitted to the Department of Public Works for approval by September 1. The plan shall include (at a minimum) the following items:
• Specify the work to be conducted during the winter months with estimated number of working days to complete activity and the type of equipment to be used.
• Provide a general schedule of the proposed work activities with a written narrative/description of work that includes the procedures for completing said work.
• Show how the entire site will be protected “Winterized” from sediment erosion and transport and show how all exposed soil will be managed. • Show temporary sediment basins to be used for collecting stormwater. Sediment basins shall be sized appropriately and calculations shall be provided as part of the plan submittal.
• Provide details of the temporary sediment basin’s erosions control measures such as sediment berms, Hydroseeding, and bank stabilization.

On a single plan sheet, show the entire site at an appropriate scale sufficient to make grading information legible with the location of temporary sediment basins, overland flow arrows indicating flow to the temporary sediment basins, and indicate the discharge locations.

94. CONSTRUCTION PARKING - No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070).

95. TRANSPORTATION – At first plan submittal, developer shall submit on-site and off-site photometric plans.

8.1 p. 284 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

96. TRANSPORTATION - At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis software, all turning and street circulation movements.

97. TRANSPORTATION - At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis software, all turning and street circulation movements.

98. TRANSPORTATION – Applicant shall obtain a letter from Recology confirming serviceability and site accessibility of solid waste pickup, Contact Lisa Patton, Operations Manager 408-846-4421. The Recology letter (submitted with first building permit submittal) must reference specifically the specific project plans.

99. TRANSPORTATION - Developer shall design driveway grades to keep a standard design vehicle from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from flowing onto the lots.

The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. 100. UTILITIES – All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations.

Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer.

Underground utility plans must be submitted to the City prior to installation. 101. UTILITIES - The following items will need to be completed prior to first building permit submittal:
a. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil

8.1 p. 285 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground).

8.1 p. 286 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

b. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies.
c. Will Serve Letter” from each utility company for the subdivision shall be supplied to the City.
102. UTILITIES - A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. The project engineer shall provide the City a separate “project utility composite plan” showing all Civil, Landscape, electrical, and joint trench information to confirm that there are no conflicts with joint trench plan utilities.
103. UTILITIES – Storm and sewer lines in private streets shall be privately owned and maintained. This should be noted on the title sheet of the project improvement plan.
104. UTILITIES - Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City:
i. A professional engineer signed original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved improvement plans.
105. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids.
106. UTILITIES - The Developer shall perform Fire Hydrant test to confirm water system will adequately serve the development and will modify any part of the systems that does not perform to the standards established by the City.

Developer shall coordinate with Fire Department for the Fire Hydrant test. 107. UTILITIES - The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards.

8.1 p. 287 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

108. UTILITIES – Recycled water mains shall be sized to support the Glen Loma Ranch Specific Plan recycled water demands. If Valley Water provides a Reimbursement Agreement for the upsizing of the recycled water mains to conform to the SCRWA Recycled Water Master Plan and said agreement is entered into by both parties prior to the start of the underground construction for the project utilities, then the Developer shall install the upsized recycled water mains and receive reimbursement per the agreement.

Corresponds to the GLR Recycled Water Master Plan, TM 13-08, page 93 of

94. 109. UTILTIES – All recycled water system improvements, including appurtenances, shall be located within a PSE.
110. UTILITIES - The Developer/Applicant shall obtain a SCVWD permit for any new recycled water mains connected to the existing Gilroy Water Reclamation Facility system.
111. UTILTIES - All new mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches.
112. UTILITIES - Developer shall provide separate irrigation meter to serve this development’s common area landscaping.
113. UTILITIES - Water lines and related facilities within the proposed subdivision will be publicly owned and maintained.
114. WATER QUALITY - Proposed development shall comply with state mandated regional permits for both pre-construction and post-construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following:
a. At first improvement plan submittal, project shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to include background, summary, and explanation of all aspects of stormwater management. Report shall also include exhibits, tables, calculations, and all technical information supporting facts, including but not limited to, exhibit of the proposed site conditions which clearly delineates impervious and pervious areas on site. Provide a separate hatch or shading for landscaping/pervious areas on-site including those areas that are not bioretention areas. This

8.1 p. 288 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

stormwater control plan report format does not replace or is not in lieu of any stormwater control plan sheet in improvement plans.
b. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. At developer’s sole expense, the stormwater control plan shall be submitted for review by an independent third party accepted by the City for compliance.

Result of the peer review shall be included with the submittal for City evaluation. d. Prior to plan approval, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit A and Exhibit B.
i. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City.
v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.
e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to be required for this project and shall adhere to the following:
i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a certified third party QSP or QSD.

8.1 p. 289 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

ii. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th. Written records shall be kept of all inspections and shall include, at minimum, the following information:

1. Site address;

2. Date and time of inspection;

3. Name of the person conducting the inspection;

4. List of stormwater facilities inspected;

5. Condition of each stormwater facility inspected;

6. Description of any needed maintenance or repairs; and

7. As applicable, the need for site re-inspection.
f. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. g. Before commencing any grading or construction activities, the developer shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board.
115. WATER QUALITY - The developer engineer of record, prior to project acceptance, shall complete a BMP RAM Inventory Data Report and a PCR Benchmark Form. Both forms can be obtained by contacting the Public Works Environmental Group, at [email protected]
116. WATER QUALITY - The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order. 117. WATER QUALITY - The developer shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The developers QSD or QSP shall provide the City weekly inspection reports. 118. WATER QUALITY – Sequence of construction for all Post Construction Required facilities (PCR’s) / stormwater facilities (bioswales, detention/retention basins, drain rock, etc.) shall be done as a final phase of construction to prevent silting of facilities and reduce the intended use of the facilities. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate.

8.1 p. 290 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

119. STORMWATER – All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. 120. STORMWATER – This project may be subject to an audit by the Central Coast Regional Board. City may be required to provide the project stormwater design and storm water management plan for Regional Board review and comment.

The project may need to provide the Regional Board any and all necessary documents (including reports, technical data, plans, etc.) for the Regional Board approval.
121. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan.
122. LANDSAPING – The proposed landscaping along the project public street frontages and Roundabouts are maintained by project HOA. Developer shall submit a separate exhibit showing all the HOA maintained landscape areas for Glen Loma Ranch that are within the public right-of-way. 123. MASTER PLANS - Confirm the project is in compliance with the City’s Utility Master Plans. Project utility calculations and reports shall identify conformance to the City's adopted Utility Master Plans.
124. MONUMENTS – All monuments shall be set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer.
125. PROJECT ACCEPTANCE – At first improvement plan submittal, plans must show current topographic survey including current improvements along all adjacent public and private streets.
126. PROJECT ACCEPTANCE – Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or

8.1 p. 291 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer.
127. PROJECT ACCEPTANCE – Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan
128. PROJECT ACCEPTANCE – Prior to tract acceptance, developer shall submit for review and approval all of the items identified in the Public Works Department “Development Project Closeout” list.
129. FINAL MAP - All final maps shall designate all common lots as lettered lots.

The Final map should be clear on the limits of Public vs. Private (HOA) designations.
130. FINAL MAP - Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association.
131. FINAL MAP –The Final Map shall be presented to the City Council for review and action. The City Council meeting will be scheduled approximately fifty (50) days after the Final Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Developer shall dedicate necessary right of way and public easements for the project development.
132. OTHER AGENCIES - Developer shall obtain Santa Clara County approval and an encroachment permit for all work in the County Right of Way. Provide Public Works Engineering Department a copy of the Santa Clara County Encroachment.
133. Prior to Final Map Approval, the developer shall enter into a landscape maintenance agreement with the City for all related landscape and trails within the limits of the Glen Loma Ranch Specific Plan. This Agreement shall also

8.1 p. 292 of 427
Resolution No. 2025-XX
Tentative map TM 22-02
City Council Regular Meeting | March 17, 2025

include any landscape, road, and trail easements related Santa Teresa Blvd. A detailed map of all areas covered shall be approved by the City Engineer and the County of Santa Clara.

FIRE SAFETY CONDITIONS
The following conditions apply to NEW CONSTRUCTION, based on the provisions for fire safety during building construction. The building owner and general contractor are responsible for compliance with the provisions below. The following Conditions listed are standard conditions to be provided as notes on the Building Permit Submittal. Some systems require a separate permit from the Fire Marshal as noted.
134. SITE CLEARING OF COMBUSTIBLE MATERIALS
This project shall comply with the requirements of the Glen Loma Ranch Fuel Management Plan, dated November 2010. This condition is subject to the review and approval of the Fire Marshal.

8.1 p. 293 of 427
RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING TENTATIVE MAP TM 24-03, A SUBDIVISION OF A 41.4+/- ACRE SITE INTO 40 COMPACT SINGLE-FAMILY LOTS IN THE
CANYON CREEK NEIGHBORHOOD; 21 SINGLE-FAMILY LOTS IN
THE ROCKY KNOLL NEIGHBORHOOD; AND 23 SINGLE-FAMILY
LOTS IN THE MALVASIA II NEIGHORHOOD, FOR A TOTAL OF 84
RESIDENTIAL LOTS; ONE PUBLIC OPEN SPACE PARCEL FOR THE
CONSTRUCTION OF THE SANTA TERESA TRAIL; ONE PUBLIC
TRAIL EASEMENT FOR THE ROCKY KNOLL TRAIL; 21 PRIVATE

OPEN SPACE PARCELS THAT WILL BE MAINTAINED BY THE
HOMEOWNERS’ ASSOCIATION; AND ASSOCIATED PUBLIC AND

PRIVATE STREETS ON PROPERTY LOCATED NORTHEAST OF

SANTA TERESA BOULEVARD, SOUTH AND SOUTHWEST OF WEST
LUCHESSA AVENUE (APN # 808-18-032 and 808-58-005), FILED BY GLEN LOMA GROUP/FILICE FAMILY ESTATE, 7888 WREN AVENUE, SUITE D-143, GILROY, CA 95020.

WHEREAS, The Glen Loma Group/Filice Family Estate submitted an application requesting a tentative map to subdivide an approximate 41.4+/- acre site into 40 compact singlefamily lots in the Canyon Creek neighborhood; 21 single-family lots in the Rocky Knoll neighborhood; and 23 single-family lots in the Malvasia II neighborhood, for a total of 84 residential lots; associated public and private streets; one public open space parcel for the construction of the Santa Teresa trail; one public trail easement for the Rocky Knoll Trail; and 21 private open space parcels that will be maintained by the homeowners’ association; and WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan area, northeast of Santa Teresa Boulevard, south and southwest of West Luchessa Avenue, commonly known as the Canyon Creek, Rocky Knoll and Malvasia II neighborhoods; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan, application GPA 00-01 (Resolution 2005-82); and WHEREAS, on November 7, 2005, the City of Gilroy adopted and certified an Environmental Impact Report (EIR) and a Mitigation Monitoring Program for the Specific Plan (Resolution 2005-81); and
WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement (Ordinance 2005-22); and
WHEREAS, pursuant to Section 3.13 of the Development Agreement, the City and Glen Loma Ranch have entered into four operating memoranda to make necessary clarifications and minor modifications to the Development Agreement; and
WHEREAS, on May 19, 2014, the City of Gilroy City Council adopted an addendum to the certified EIR (EIR Addendum #1), modifying Mitigation Measures #4, #23, and #31, and deleting Mitigation Measures #32, and #42 (Resolution 2014-19); and

8.1 p. 294 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

WHEREAS, the Glen Loma Ranch Specific Plan forecasted a buildout of 1,693 dwelling units, up to 7.8 acres of commercial/retail uses, and 145 acres of parks and open space with an extensive trail system linking the various neighborhoods and a town center component; and WHEREAS, the current planned buildout of the Glen Loma Ranch Specific Plan is 1,467 dwelling units and up to 12,000 square feet of commercial/retail uses, which is much less intensive than the anticipated buildout allowed under the Specific Plan; and WHEREAS, on October 7, 2024, the City of Gilroy City Council adopted a second addendum to the certified EIR (EIR Addendum #2), concluding that, under the current planned buildout, the triggering conditions for EIR Mitigation Measures 36, 37, 39, 41, 43, and 44 are not met, and thus they are not required to be implemented, and also that Mitigation Measure 34 has been satisfied through the installed signalization (Resolution 2024-46); and WHEREAS, the proposed Tentative Map is consistent with the Glen Loma Ranch Specific Plan EIR as amended, and none of the conditions described in CEQA Guidelines Sec. 15162 (e.g., substantial project changes causing new or more severe environmental impacts than shown in the EIR) are present. Therefore, the project does not require independent CEQA review, beyond EIR Addendum #2. Furthermore, the Project is not subject to CEQA under the commonsense exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment [State CEQA Guidelines Section 15061(b)(3)].

WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR and the adopted Addenda to the EIR; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 20, 2025, at which time the Planning Commission considered the public testimony, the staff report dated February 20, 2025, the 2005 Glen Loma Ranch Specific Plan, the 2005 Glen Loma Ranch Specific Plan EIR, EIR Addenda, Mitigation Monitoring Plan, the Gilroy General Plan and Zoning Ordinance, other applicable standards and regulations, and all other documentation related to TM 24-03; and
WHEREAS, on February 20, 2025, the Planning Commission considered and recommended that the City Council find that no additional CEQA analysis is required and recommended that the City Council approve Tentative Map TM 24-03 with 144 conditions; and WHEREAS, the City Council held a duly noticed public hearing on March 17, 2025, at which time the City Council considered the public testimony, the staff report dated March 17, 2025 (“City Council Staff Report”), and all other documentation related to TM 24-03; and WHEREAS, the City Council finds that no additional CEQA analysis is required, and that all 144 conditions including incorporation of the mitigation measures pursuant to the adopted 2005 Environmental Impact Report (EIR) and Mitigation Monitoring Program, as amended by the EIR Addenda, are necessary to preserve, protect, provide for, and foster the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular; and

8.1 p. 295 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

WHEREAS, the City Council finds that TM 24-03 conforms to the City's General Plan and elements thereof, and the “Glen Loma Ranch Specific Plan”; and NOW, THEREFORE, BE IT RESOLVED THAT:

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

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

This Finding cannot be made. The proposed subdivision is consistent with the Glen Loma Specific Plan, which includes a discussion on the Glen Loma Ranch Specific Plan’s relationship to, and consistency with, the City’s General Plan. The Glen Loma Ranch Specific Plan was developed in compliance with Government Code 65451.

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

This Finding cannot be made. The proposed subdivision is consistent with the Glen Loma Specific Plan, which includes a discussion on the Glen Loma Ranch Specific Plan’s consistency with the City’s General Plan. Future development of the subdivision shall be consistent with the Glen Loma Ranch Specific Plan and the applicable goals and policies of the City’s General Plan.

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

This Finding cannot be made. The site is physically suitable for this type of development because the proposed subdivision is one of several neighborhoods within the Glen Loma Ranch Specific Plan, which underwent a comprehensive planning effort, including the adopted and certified Environmental Impact Report (EIR), Mitigation Monitoring Program, and EIR Addenda #1 and #2. The adopted Specific Plan includes a general description of the distribution, location, and extent of land uses, including open space, within the Specific Plan area; the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities needed to support the proposed subdivision; the standards and criteria by which development will proceed; and standards for the conservation, development, and utilization of natural resources, where applicable. The proposed subdivision shall also be consistent with the Tentative Map conditions of approval and mitigation measures.

8.1 p. 296 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

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

This Finding cannot be made. The site is physically suitable for the proposed density, and consistent with the Glen Loma Ranch Specific Plan and the City’s Neighborhood District target housing mix. The proposed subdivision is one of several neighborhoods within the Glen Loma Ranch Specific Plan, which underwent a comprehensive planning effort, including the adopted and certified Environmental Impact Report (EIR), Mitigation Monitoring Program, and EIR Addenda #1 and #2. The proposed subdivision shall also be consistent with the Tentative Map conditions of approval and mitigation measures.

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

This Finding cannot be made. The design of the subdivision and the proposed improvements will not cause substantial environmental damage, or substantially injure fish or wildlife because the proposed subdivision is part of the Glen Loma Ranch Specific Plan which was analyzed for potential environmental impacts, as further described in the adopted and certified Environmental Impact Report (EIR), Mitigation Monitoring Program, and EIR Addenda #1 and #2. The proposed Tentative Map includes conditions of approval and mitigation measures in conformance with the adopted EIR and Addenda.

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

This Finding cannot be made. The design of the proposed subdivision will not cause serious public health problems because the site is located within an urban context and has access to urban services including sewer and water.

G. That the design of the proposed subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

This Finding cannot be made. The design of the proposed subdivision TM 24-03 will not conflict with any known access easements. The developer will dedicate land to the City for public right-of-way, trail improvements and easements, and public service easements.

SECTION II
The City Council of the City of Gilroy hereby approves TM 24-03, subject to the 144 conditions of approval set forth in Exhibit “A” attached hereto.

8.1 p. 297 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

PASSED AND ADOPTED this 17th day of March 2025 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:

Bryce Atkins, Acting City Clerk

8.1 p. 298 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

CERTIFICATE OF THE CLERK
I, BRYCE ATKINS, Acting City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, March 17, 2025, with a quorum present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Bryce Atkins
Acting City Clerk of the City of Gilroy
(Seal)

8.1 p. 299 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

EXHIBIT A

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

1. APPROVED PROJECT: The approval for tentative map TM 24-03 is granted to subdivide an approximate 41.4+/- acre site into 40 compact single-family lots in the Canyon Creek neighborhood; 21 single-family lots in the Rocky Knoll neighborhood; and 23 single-family lots in the Malvasia II neighborhood, for a total of 84 residential lots; associated public and private streets; one public open space parcel for the construction of the Santa Teresa trail; one public trail easement for the Rocky Knoll Trail; and 21 private open space parcels that will be maintained by the homeowners’ association on Assessor Parcel No. 808-18-032 and 808-58-005, as shown on Project Plans dated as received by the Planning Division on October 30, 2024 prepared by Ruggeri-Jensen-Azar for the Glen Loma Corporation, dated October 2024, and consisting of 21 sheets.

Build-out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans, including any changes made at time of improvement plan submittal, shall be considered by the Community Development Director or designee, may require separate discretionary approval by the appropriate decision making body, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council.

2. PREVIOUS SUBMITTALS: Tentative Map TM 24-03 supersedes Tentative Map TM 20-05.

3. TENTATIVE MAP EXPIRATION: An approved tentative map or vesting tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Map Act, if the final map is not approved prior to expiration.

4. CONDITIONS OF APPROVAL: Prior to issuance of any Architectural and Site Review permit, Building Permit, Grading Permit, or Improvement Plan, whichever is first issued, Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval and mitigation measures of this permit, as adopted by the decision-maker.

5. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of

8.1 p. 300 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

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

6. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer’s acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein

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

27.98. MITIGATION MEASURES. The following Mitigation Measures are included as conditions of approval, pursuant to the adopted 2005 Glen Loma Ranch Specific Plan EIR and Mitigation Monitoring Program as amended by Addenda #1 and #2 to the EIR, in conformance with the California Environmental Quality Act.

8. (corresponds to EIR Mitigation Measure 3)
Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division:

The following measures shall be implemented at all construction sites:
• Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard;
• Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and
• Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.

The following measures shall be implemented at all construction sites greater than four acres in area:
• Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas

8.1 p. 301 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

(previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15 mph;
• Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and
• Replant vegetation in disturbed areas as quickly as possible.

The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions:
• Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site;
• Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas;
• Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and
• Limit the area subject to excavation, grading and other construction activity at any one time.

9. (corresponds to EIR Mitigation Measure 5)
Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required.

10. (corresponds to EIR Mitigation Measure 6)
Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre-construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove/displace the bats prior to the removal of known roost sites. In addition, an

8.1 p. 302 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

alternate roost site shall be constructed in the vicinity of the known roost site.

Specifications of the alternate roost shall be determined by a bat specialist.

11. (corresponds to EIR Mitigation Measure 8)
Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site’s drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following:
• Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on-site revegetation with locally-obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on-site at a minimum 3:1 replacement ratio.

12. (corresponds to EIR Mitigation Measure 9)
Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally-obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on-site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on-site oak woodland at a ratio of 3:1 and replanting on-site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy.

8.1 p. 303 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game.

13. (corresponds to EIR Mitigation Measure 10)
Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak/riparian woodland habitat.

Also see condition of Approval #139

14. (corresponds to EIR Mitigation Measure 13)
Prior to issuance of grading and/or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek.

15. (corresponds to EIR Mitigation Measure 14)
Prior to issuance of grading and/or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non-native, invasive plant species.

16. (corresponds to EIR Mitigation Measure 16)
A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas.

17. (corresponds to EIR Mitigation Measure 17)
Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall

8.1 p. 304 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division.

18. (corresponds to EIR Mitigation Measure 19)
Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete.

19. (corresponds to EIR Mitigation Measure 20)
Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits.

20. (corresponds to EIR Mitigation Measure 21)
The project applicant shall design all structures in accordance with the California Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy Building Division prior to the issuance of building permits.

21. (corresponds to EIR Mitigation Measure 24)
The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water “Best Management Practices” to control runoff, erosion and sedimentation from the site.

The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project.

22. (corresponds to EIR Mitigation Measure 25)
Prior to approval and issuance of building or grading permits, the project applicant shall submit plans for review by, and obtain an approved permit from, the Santa

8.1 p. 305 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

Clara Valley Water District for any work that requires a permit from the water district.

23. (corresponds to EIR Mitigation Measure 26)
Future applicants in the Glen Loma Ranch specific plan area shall prepare a postconstruction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable.

24. (corresponds to EIR Mitigation Measure 28)
Prior to issuance of a building or grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division:
a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays;
b. All internal combustion engine-driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and c. Stationary noise-generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area.

25. (corresponds to EIR Mitigation Measure 34 and EIR Addendum #2) This mitigation measure is complete.

Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection.

26. (corresponds to EIR Mitigation Measure 35)
Add a northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection.

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure. The northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection shall be operational prior to the issuance of the last building permit for the Filice Family/Christoper owned land (or its successors).

27. (corresponds to EIR Mitigation Measure 36 and EIR Addendum #2)

8.1 p. 306 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

This mitigation was completed with preparation of the 2019 to 2022 Higgins Traffic memorandums.

Prepare a traffic management plan of the Miller Avenue street section southwest of the intersection with Uvas Park Drive. The project proponent shall be responsible for preparation of the plan. The plan shall be subject to review and approval by the City staff.

28. (corresponds to EIR Mitigation Measure 37 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-03, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-03, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”).

If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure.

Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit.

29. (corresponds to EIR Mitigation Measure 39 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-03, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-03, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”).

If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure.

Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left-turn lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit.

Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the

8.1 p. 307 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. One option would be to only add the northbound left-turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left-turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions.

30. (corresponds to EIR Mitigation Measure 41 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-03, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-03, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”).

If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure.

If the Thomas Road/Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours.

OR
If the Thomas Road/Luchessa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes.

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit.

31. (corresponds to EIR Mitigation Measure 43 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-03, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-03, buildout of the Glen Loma Ranch Specific Plan does not

8.1 p. 308 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”).

If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure.

Add second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection.

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit.

32. (corresponds to EIR Mitigation Measure 44 and EIR Addendum #2) This mitigation will not be triggered for Tentative Map TM 24-03, if at the time of approval of the first final map or at the time of issuance of any building permit associated with TM 24-03, buildout of the Glen Loma Ranch Specific Plan does not exceed 1,467 residential units and 12,000 square feet of commercial space, as further analyzed in EIR Addendum #2 (“Current Projected Buildout”).

If development is proposed that exceeds the Current Projected Buildout, additional environmental review and CEQA compliance shall be required, which may include or modify the following mitigation measure.

Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard.

The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit.

33. (corresponds to EIR Mitigation Measure 50)
Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single-family and multi-family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such

8.1 p. 309 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies.

34. (corresponds to EIR Mitigation Measure 52)
The Glen Loma Ranch Homeowner’s Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution.

The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season.

This language shall be included in the HOA conditions, covenants, and restrictions.

The following conditions shall be addressed prior to issuance of any BUILDING PERMIT, GRADING PERMIT or IMPROVEMENT PLAN.

35. CONDITIONS OF APPROVAL: As part of any future project submittals (e.g., Final Map, Building Permit), developer shall include a plan sheet(s) that includes a reproduction of all mitigation measures and conditions of approval of this permit, as adopted by the City Council.

The following conditions shall be met prior to tract acceptance.

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

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

37. TENTATIVE MAP: The approved tentative map shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Subdivision Map Act and Gilroy City Code section 21.41 (i), if the final map is not approved prior to expiration.

38. HOMEOWNERS’ ASSOCATION: Developer shall establish Homeowners’ Associations (HOA) for the Canyon Creek, Rocky Knoll and Malvasia II neighborhoods or annex these neighborhoods into the existing Glen Loma Ranch HOA. The HOAs shall be responsible for the maintenance and enforcement of parking, private streets, landscaping, recreation and other interior areas held in common by the HOA. Such responsibilities shall be provided within the Covenants, Conditions, and Restrictions (CC&Rs) for the development. The City shall review all CC&Rs prior to recordation.

8.1 p. 310 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

39. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail.

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

40. CONSTRUCTION RELATED NOISE: To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site “During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site:
a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City-observed holidays;
b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area;
c. Construct sound walls or other noise reduction measures prior to developing the project site;
d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment;
e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and
g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.”

41. CONSTRUCTION RELATED AIR QUALITY: To minimize potential constructionrelated 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:

8.1 p. 311 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered;
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator; and h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.”

42. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following:
a. Contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training;
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.

8.1 p. 312 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

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

44. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site:
“If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately.

The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party.”

45. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans:
“If human remains are found during earth-moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains 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

8.1 p. 313 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.”

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

46. GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Clearly identify both public and private utilities.

47. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval.

48. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy General Guidelines. A complete set of improvement plans shall consist of Civil site design, landscape site design, Electrical, Joint Trench.

49. GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities (Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the maintenance responsibilities of all facilities.

50. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct a proposed improvement requiring such permits. A copy of these permits will be provided prior to the start of construction for such improvement. Issuance of residential building permits will not be impacted related to such jurisdictional permits.

51. GENERAL – Improvement plans are required for both on-site and off-site improvements.

8.1 p. 314 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

52. GENERAL - Existing overhead utilities (if they exist) shall be undergrounded and related utility poles removed along the property frontage

53. GENERAL - All existing public utilities shall be protected in place and if necessary, relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy.

54. GENERAL - Prior to any work within public right of way or City easement, the developer shall obtain an encroachment permit from the City.

55. GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off-site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy’s Public Works Director/City Engineer.

56. GENERAL - Prior to issuance of any building permits, developer shall submit for City approval water, sewer and storm drain studies for the development. These studies shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline.

57. GENERAL - At first improvement plan submittal, developers engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria.

58. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Latest City impact fee schedule is available on the City’s website. Payment of development impact fees will be required for each unit prior to permit issuance and shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy.

59. FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the project engineer, subject to City Engineer approval. Cost estimate shall be broken out into on-site and off-site improvements.

60. FEE - Prior to final map approval, Developer shall pay 100% of the plan check and processing fees and other related fees that the property is subject to, enter

8.1 p. 315 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

into a property improvement agreement, and provide payment and performance bonds each for 100% of the cost for improvements with the City that shall secure the construction of the improvements. Insurance shall be provided per the terms of the agreement.

61. GRADING & DRAINAGE - All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be added to the grading plans prior to plan approval.

62. GRADING & DRAINAGE - Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with their recommendations and the peer review comments. The applicant’s Geotechnical engineer’s approval shall then be conveyed to the City either by letter or by signing the plans.

63. GRADING & DRAINAGE - At first improvement plan submittal, the developer shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas. Study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition). Existing offsite drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by the development.

64. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor.

8.1 p. 316 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

65. GRADING & DRAINAGE - Improvement and grading plans shall show existing topo and features at least 50’ beyond the project boundary. Clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances.

66. PUBLIC IMPROVEMENTS – Prior to Final Map approval, developer shall execute a property improvement agreement and post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement.

67. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing damaged improvements not designated for removal and all new improvements that are damaged or removed because of developer's operations. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.

68. CONSTRUCTION - Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s Valley Water’s municipal industrial rate.

69. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate.

70. CONSTRUCTION - The City shall be notified at least fifteen (15) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list.

71. CONSTRUCTION - Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays. Saturday 9:00 a.m. to 7:00 p.m. for general construction activity and only with approval by the City Engineer. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes.

72. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director.

8.1 p. 317 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

73. CONSTRUCTION - If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan.

74. CONSTRUCTION - It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains.

75. CONSTRUCTION - At least two weeks prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice.

76. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer.

77. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right of way.

78. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director.

PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL

79. FEE – The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The latest City impact fee schedule is available on the City website. Payment of Impact Fees is

8.1 p. 318 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

required at the time of each building prior to Grading permit issuance. Fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. The following are approximate impact fees, estimated when the project was proposed to the Planning Commission.
i. Street Tree Development = $4,548
ii. Storm Development = $41,029
iii. Sewer Development = $636,384
iv. Water Development = $163,464
v. Traffic Impact = $939,960
vi. Public Facilities = $1,687,476
Actual fees will be based on Final Design information and the Current Comprehensive Fee Schedule in effect at the time of fee payment, consistent with and in accordance with City policy.

80. FEE - At first improvement plan submittal, Developer shall submit to Public Works a $25,000 (Twenty-Five Thousand) initial deposit for plan check and processing. This deposit will be credited/accounted for toward final plan check and inspection fee.

81. GENERAL - No building permits shall be issued until the Final Map is recorded.

82. GENERAL - The approved construction schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents.

83. GENERAL - A current Title Report dated within the last six months, shall be submitted with the first submittal improvement plans. An existing site plan shall be submitted showing all existing site conditions and title report easements.

Include bearings and distances for all Right of Way and Easements on the plans.

84. GENERAL - The Developer shall provide a “composite plan” showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled “Composite Plan”) to confirm that there are no conflicts.

85. GENERAL - At first submittal, developer shall provide a Geotechnical report that includes pavement section recommendations for all public and private street pavement sections.

8.1 p. 319 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

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

87. PUBLIC IMPROVEMENTS – All work in the public right of way, or for public use, shall require an encroachment permit issued by Public Works, and shall be contained in one set. Plans are to be submitted to Public Works for review and approval.

88. PUBLIC IMPROVEMENTS – Offsite improvement plans shall be completed per the Public Works Engineering Checklist found in the Public Works, Engineering, portion of the City’s website. Partial submittals shall not be accepted. Applicant shall make a pre-submittal appointment with the Public Work Land Development Section, to review that all submittal applications items are complete.

89. PUBLIC IMPROVEMENTS – Prior to Final Map Approval, the developer shall obtain design approval and bond for all necessary improvements. All improvements must be built to the city Engineer’s satisfaction prior to issuance of the last certificate of occupancy

90. PUBLIC IMPROVEMENTS - Trail, landscaping, and frontage improvements along Santa Teresa Blvd., Canyon Creek, and Luchessa Ave shall be constructed with the contiguous Final Map and Improvement Plans.

91. PUBLIC IMPROVEMENTS - At first plan submittal, Santa Teresa Blvd. frontage improvements cannot conflict with future Santa Teresa Blvd. plan line widening improvements. At first plan submittal, show complete cross sections from the property line to existing Santa Teresa Blvd. including the proposed widened of Santa Teresa.

92. PUBLIC IMPROVEMENTS – At first plan submittal, provide all sight distance exhibits showing adequate sight distance.

93. PUBLIC IMPROVEMENTS – The developer shall microsurface W. Luchessa from Santa Teresa Blvd to Vintner Ct prior to project acceptance.

8.1 p. 320 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

94. CONSTRUCTION - All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day.

95. CONSTRUCTION - The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The subdivider shall require the soils engineer to daily submit all testing and sampling and reports to the City Engineer.

96. CONSTRUCTION – Prior to Final Map approval, the Developer/Applicant shall submit a proposed construction phasing and schedule for approval by the City Engineer. Schedule format shall be Microsoft Prospect, and shall identify the scheduled critical path for the installation of improvements. The schedule shall be updated weekly.

97. CONSTRUCTION - Grading operations between October 15 and April 15 will not be allowed. Grading operations may occur only for minor operations and only approval by Public Works in a separate winterized grading plan to be submitted to the Department of Public Works for approval by September 1. The plan shall include (at a minimum) the following items:
• Specify the work to be conducted during the winter months with estimated number of working days to complete activity and the type of equipment to be used.
• Provide a general schedule of the proposed work activities with a written narrative/description of work that includes the procedures for completing said work.
• Show how the entire site will be protected “Winterized” from sediment erosion and transport and show how all exposed soil will be managed. • Show temporary sediment basins to be used for collecting stormwater. Sediment basins shall be sized appropriately and calculations shall be provided as part of the plan submittal.
• Provide details of the temporary sediment basin’s erosions control measures such as sediment berms, Hydroseeding, and bank stabilization.

On a single plan sheet, show the entire site at an appropriate scale sufficient to make grading information legible with the location of temporary sediment basins, overland flow arrows indicating flow to the temporary sediment basins, and indicate the discharge locations.

98. CONSTRUCTION PARKING - No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park

8.1 p. 321 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070).

99. TRANSPORTATION – At first plan submittal, developer shall submit on-site and off-site photometric plans.
100. TRANSPORTATION - At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis software, all turning and street circulation movements. 101. TRANSPORTATION - At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis software, all turning and street circulation movements.
102. TRANSPORTATION – Applicant shall obtain a letter from Recology confirming serviceability and site accessibility of solid waste pickup, Contact Lisa Patton, Operations Manager 408-846-4421. The Recology letter (submitted with first building permit submittal) must reference specifically the specific project plans. 103. TRANSPORTATION - Developer shall design driveway grades to keep a standard design vehicle from dragging or “bottoming out” on the street or driveway and to keep water collected in the street from flowing onto the lots.

The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. 104. UTILITIES – All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations.

Transformers and switch gear cabinets shall be placed underground unless otherwise approved by the Planning Director and the City Engineer.

Underground utility plans must be submitted to the City prior to installation. 105. UTILITIES - The following items will need to be completed prior to first building permit submittal:
a. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches,

8.1 p. 322 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). b. The Developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies.
c. Will Serve Letter” from each utility company for the subdivision shall be supplied to the City.
106. UTILITIES - A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. The project engineer shall provide the City a separate “project utility composite plan” showing all Civil, Landscape, electrical, and joint trench information to confirm that there are no conflicts with joint trench plan utilities.
107. UTILITIES – Storm and sewer lines in private streets shall be privately owned and maintained. This should be noted on the title sheet of the project improvement plan.
108. UTILITIES - Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City:
i. A professional engineer signed original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved improvement plans.
109. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids.
110. UTILITIES - The Developer shall perform Fire Hydrant test to confirm water system will adequately serve the development and will modify any part of the systems that does not perform to the standards established by the City.

Developer shall coordinate with Fire Department for the Fire Hydrant test.

8.1 p. 323 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

111. UTILITIES - The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. 112. UTILITIES – Recycled water mains shall be sized to support the Glen Loma Ranch Specific Plan recycled water demands. If Valley Water provides a Reimbursement Agreement for the upsizing of the recycled water mains to conform to the SCRWA Recycled Water Master Plan and said agreement is entered into by both parties prior to the start of the underground construction for the project utilities, then the Developer shall install the upsized recycled water mains and receive reimbursement per the agreement.

Corresponds to the GLR Recycled Water Master Plan, TM 13-08, page 93 of

94. 113. UTILTIES – All recycled water system improvements, including appurtenances, shall be located within a PSE.
114. UTILITIES - The Developer/Applicant shall obtain a SCVWD permit for any new recycled water mains connected to the existing Gilroy Water Reclamation Facility system.
115. UTILTIES - All new mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches.
116. UTILITIES - Developer shall provide separate irrigation meter to serve this development’s common area landscaping.
117. UTILITIES - Water lines and related facilities within the proposed subdivision will be publicly owned and maintained.
118. WATER QUALITY - Proposed development shall comply with state mandated regional permits for both pre-construction and post-construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following:
a. At first improvement plan submittal, project shall submit a design level Stormwater Control Plan Report (in 8 ½ x 11 report format), to include

8.1 p. 324 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

background, summary, and explanation of all aspects of stormwater management. Report shall also include exhibits, tables, calculations, and all technical information supporting facts, including but not limited to, exhibit of the proposed site conditions which clearly delineates impervious and pervious areas on site. Provide a separate hatch or shading for landscaping/pervious areas onsite including those areas that are not bioretention areas. This stormwater control plan report format does not replace or is not in lieu of any stormwater control plan sheet in improvement plans.
b. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. At developer’s sole expense, the stormwater control plan shall be submitted for review by an independent third party accepted by the City for compliance.

Result of the peer review shall be included with the submittal for City evaluation. d. Prior to plan approval, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit A and Exhibit B.
i. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering.
ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City.
v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.

8.1 p. 325 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

e. Stormwater BMP Operations and Maintenance Agreement shall include inspections to be required for this project and shall adhere to the following:
i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a certified third party QSP or QSD.
ii. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th. Written records shall be kept of all inspections and shall include, at minimum, the following information:

1. Site address;

2. Date and time of inspection;

3. Name of the person conducting the inspection;

4. List of stormwater facilities inspected;

5. Condition of each stormwater facility inspected;

6. Description of any needed maintenance or repairs; and

7. As applicable, the need for site re-inspection.
f. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. g. Before commencing any grading or construction activities, the developer shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board.
119. WATER QUALITY - The developer engineer of record, prior to project acceptance, shall complete a BMP RAM Inventory Data Report and a PCR Benchmark Form. Both forms can be obtained by contacting the Public Works Environmental Group, at [email protected]
120. WATER QUALITY - The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order. 121. WATER QUALITY - The developer shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The developers QSD or QSP shall provide the City weekly inspection reports.

8.1 p. 326 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

122. WATER QUALITY – Sequence of construction for all Post Construction Required facilities (PCR’s) / stormwater facilities (bioswales, detention/retention basins, drain rock, etc.) shall be done as a final phase of construction to prevent silting of facilities and reduce the intended use of the facilities. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate.
123. STORMWATER – All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. 124. STORMWATER – This project may be subject to an audit by the Central Coast Regional Board. City may be required to provide the project stormwater design and storm water management plan for Regional Board review and comment.

The project may need to provide the Regional Board any and all necessary documents (including reports, technical data, plans, etc.) for the Regional Board approval.
125. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan.
126. LANDSAPING – The proposed landscaping along the project public street frontages and Roundabouts are maintained by project HOA. Developer shall submit a separate exhibit showing all the HOA maintained landscape areas for Glen Loma Ranch that are within the public right-of-way. 127. MASTER PLANS - Confirm the project is in compliance with the City’s Utility Master Plans. Project utility calculations and reports shall identify conformance to the City's adopted Utility Master Plans.
128. MONUMENTS – All monuments shall be set per the recorded final map. A certificate letter by the Surveyor or Engineer will be provided to the City Engineer.

8.1 p. 327 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

129. PROJECT ACCEPTANCE – At first improvement plan submittal, plans must show current topographic survey including current improvements along all adjacent public and private streets.
130. PROJECT ACCEPTANCE – Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer.
131. PROJECT ACCEPTANCE – Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan
132. PROJECT ACCEPTANCE – Prior to tract acceptance, developer shall submit for review and approval all of the items identified in the Public Works Department “Development Project Closeout” list.
133. FINAL MAP - All final maps shall designate all common lots as lettered lots. The Final map should be clear on the limits of Public vs. Private (HOA) designations. 134. FINAL MAP - Prior to final map approval, the developer shall establish a homeowner association. The homeowner association shall be responsible for the maintenance of the landscaping, walls, private streetlights, private utilities, private streets, and common areas, and shall have assessment power. HOA shall be responsible maintenance of the Storm Water Control treatment areas and the CC&R’s shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association.
135. FINAL MAP –The Final Map shall be presented to the City Council for review and action. The City Council meeting will be scheduled approximately fifty (50) days after the Final Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Developer shall dedicate necessary right of way and public easements for the project development.

8.1 p. 328 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

136. OTHER AGENCIES - Reservoir Canyon Creek runs though the site. Developer shall obtain any permitting necessary by local, state, or federal agencies related to any work within, near, or adjacent with Reservoir Canyon Creek. 137. OTHER AGENCIES - Developer shall obtain Santa Clara County approval and an encroachment permit for all work in the County Right of Way. Provide Public Works Engineering Department a copy of the Santa Clara County Encroachment.
138. Prior to Final Map Approval, the developer shall enter into a landscape maintenance agreement with the City for all related landscape and trails within the limits of the Glen Loma Ranch Specific Plan. This Agreement shall also include any landscape, road, and trail easements related Santa Teresa Blvd. A detailed map of all areas covered shall be approved by the City Engineer and the County of Santa Clara.

PROJECT SPECIFIC FIRE CONDITIONS OF APPROVAL
139. Luchessa Avenue, between Miller Avenue and Vintner Street (including the creek crossing, utilities, and all appurtenances) shall be constructed prior to the issuance of the last six building permits in TM 24-03.

FIRE SAFETY CONDITIONS
The following conditions apply to NEW CONSTRUCTION, based on the provisions for fire safety during building construction. The building owner and general contractor are responsible for compliance with the provisions below. The following Conditions listed are standard conditions to be provided as notes on the Building Permit Submittal. Some systems require a separate permit from the Fire Marshal as noted.
140. FIRE ENGINE ACCESS: Per the October 7, 2024, meeting between City staff and the design team, the walking path between lots 76 and 77 which passes through lot B21 shall be widened from 5 feet wide to 12 feet wide to allow for an alternate fire engine access to the proposed development. Turning angles to be smoothed to allow a fire apparatus to make the turns.

8.1 p. 329 of 427
Resolution No. 2025-XX
Tentative map TM 24-03
City Council Regular Meeting | March 17, 2025

141. SITE CLEARING OF COMBUSTIBLE MATERIALS
This project shall comply with the requirements of the Glen Loma Ranch Fuel Management Plan, dated November 2010. This condition is subject to the review and approval of the Fire Marshal.

VALLEY WATER CONDITIONS
142. The applicant will need to apply for and obtain a Valley Water encroachment permit for any proposed connections/extensions to Valley Water’s recycled water pipeline.
143. All proposed connections to the recycled water system (pipelines, appurtenances, etc.) must be located within a public service easement. 144. All proposed residential structures on APN: 808-58-005 need to fulfill minimum setback requirements in relation to the two unnamed tributaries of UvasCarnadero Creek located within the parcel. The Guidelines and Standards for Land Use Near Streams (GnS) outlines this requirement in Chapter 4, Design Guide 7 ((https://www.valleywater.org/contractors/doing-businesses-with-thedistrict/permits-working-district-land-or-easement/guidelines-and-standardsland-use-near-streams), which are intended to protect both the creek bank and structures near the bank. The GnS requires all structures to be setback with a 2:1 slope starting from the toe of the creek to the adjacent ground, or 20 feet from the top of bank, whichever is greater. It should be noted that more restrictive setback requirements are specified in the Santa Clara Valley Habitat Plan (VHP), within Chapter 6, under Condition 11 ((https://scvhabitatagency.org/178/Santa-Clara-Valley-Habitat-Plan). The unnamed tributaries are identified as Category 2 streams by the Valley Habitat Agency (VHA) and thus require a minimum setback of 35 feet from the top of bank. In addition, if the site supports riparian vegetation, the setback is extended to include the riparian edge plus a 35-foot buffer. The greater of the two setbacks, either from top of bank or edge of the riparian corridor should be assumed.

These setbacks shall not apply to roadways, bridges, trails, or storm drain infrastructure that is located within these setbacks.

8.1 p. 330 of 427

City of Gilroy

STAFF REPORT
Agenda Item Title: Hold the Second Public Hearing Regarding the City's Transition from an At-Large to a District-Based
Election System for the Purpose of Receiving Public
Input on the Potential Contours of the New Districts
and Hearing the Demographer's Presentation on the
Transition Process and the Drawing of District Maps
for the November 2026 and 2028 Elections.

Meeting Date: March 17, 2025
From: Andrew Faber, City Attorney
Department: City Attorney
Submitted By: Andrew Faber, City Attorney
Prepared By: Andrew Faber, City Attorney
STRATEGIC PLAN GOALS Not Applicable

RECOMMENDATION
Hold a second Public Hearing and receive public input and a presentation from the City of Gilroy's ("City") consulting Demographer, Redistricting Partners, regarding the process and criteria for establishing boundaries for district elections pursuant to the California Voting Rights Act ("CVRA") for the City Council. The City Council again should further discuss the following topics:

1. The Communities of Interest within the City that should define the boundaries and composition of districts before any maps of any proposed district boundaries are drawn; and,

2. Whether the City should draw six districts and retain its directly elected Mayor, or draw seven districts where City Councilmembers select the Mayor on a rotating or other basis.

BACKGROUND
The City of Gilroy ("City") currently has an at-large election system, where each of the City's six Councilmembers are elected to staggered four-year terms by voters

8.2 p. 331 of 427
Hold the Second Public Hearing Regarding the City's Transition from an At-Large to a DistrictBased Election System for the Purpose of Receiving Public Input on the Potential Contours of the New Districts and Hearing the Demographer's Presentation on the Transition Process and the Drawing of District Maps for the November 2026 and 2028 Elections.

City of Gilroy City Council Page 2 of 7 March 17, 2025
throughout the City. The mayor is also elected at-large to a four-year term.

1. Letter Alleging Violation of the CVRA and the City's Resolution of Intent to Transition from an At-Large Electoral System to One Based on Districts.

On December 16, 2024, the City received a letter from attorney Kevin Shenkman of Shenkman & Hughes in Malibu, California ("Plaintiffs' Counsel") -on behalf of his client the Southwest Voter Registration Education Project- alleging that the City is in violation of the California Voting Rights Act ("CVRA") because the City elects its Councilmembers at-large, and that the City's elections are characterized by racially polarized voting. Racially polarized voting occurs where there is a sufficient/ significant correlation between the race or ethnicity of voters and those voters' choice of candidates or other electoral choices, as compared to the choice of candidates or electoral choices preferred by the rest of the electorate. Plaintiffs' Counsel's letter demands that the City immediately transition from an at-large elections system to a district-based one. As noted above, the City currently has an at-large election system, where each of the City’s six Councilmembers are elected by voters throughout the City.

A district-based election system is one in which the City is divided into separate districts, each with one Councilmember who resides in that district and who is elected only by voters residing in that district.

On February 24, 2025, at its regularly scheduled meeting, the City Council adopted a resolution of intent to make the transition to district-based elections from the current atlarge election system. The first district-based elections will be in 2026. There are two district-based options to consider: the creation of six districts and the retention of the atlarge mayor position; or, the creation of seven districts where one of the City Councilmembers serves as mayor on a rotating basis.

On March 3, 2025, the City held its first public hearing related to the transition to districtbased elections. There, the City’s demographer, Redistricting Partners, made a presentation on the CVRA and the transition process for preparing district boundaries.

In addition, the City Council heard public comment regarding the Communities of Interest within the City that should define the boundaries and composition of districts and whether the City should draw six districts and retain its directly elected Mayor, or draw seven districts where City Councilmembers select the Mayor on a rotating or other basis.

2. The CVRA Rubric/ Violations of the CVRA
The CVRA was signed into law in 2002, and only applies to jurisdictions like the City that utilize an at-large election method where voters of the entire jurisdiction elect each of the members of the City Council. The CVRA prohibits an at-large method of election that impairs the ability of a protected class to elect candidates of their choice or their

8.2 p. 332 of 427
Hold the Second Public Hearing Regarding the City's Transition from an At-Large to a DistrictBased Election System for the Purpose of Receiving Public Input on the Potential Contours of the New Districts and Hearing the Demographer's Presentation on the Transition Process and the Drawing of District Maps for the November 2026 and 2028 Elections.

City of Gilroy City Council Page 3 of 7 March 17, 2025
ability to influence the outcome of an election. The impairment occurs where there is racially polarized voting – that is, when voters' choices of candidates, or other electoral choices, correlate in a statistically significant way with the race or ethnicity of the voter.

The correlation makes it more difficult for members of racial or ethnic minorities to elect candidates of their choice as there is potential vote dilution in an at-large electoral system. The intent of the CVRA was to significantly expand protections against vote dilution over those provided by the Federal Voting Rights Act of 1965 ("FVRA").

Compared with the FVRA, it is easier for plaintiffs to prove a violation of the CVRA against public entities. Under the CVRA, proof of intent on the part of voters or elected officials to discriminate against a protected class is not required. The Legislature also mandated that those who mount a successful challenge under the CVRA recover their attorneys' fees. Furthermore, a violation of the CVRA (but not the FVRA) can exist even if it would not be possible through districting to create one or more "majority-minority" districts.

3. The CVRA's Safe Harbor Provision

On December 16, 2024, the City received a "demand letter" regarding an alleged violation of the CVRA. Under the CVRA, the City had 45 days to pass a resolution proclaiming its intent to transition from at-large elections to district-based elections, outlining the steps it will take to fully facilitate the entire transition, and the estimated timeframe to complete the transition. The City obtained a short extension; the City Council adopted its resolution at its regularly scheduled February 24 meeting.

The City has 90 days from the February 24, 2025 resolution to complete the transition process. (Elec. Code § 10010, subd. (e)(3)). Thus, absent extension, the City must complete the transition to district-based elections by May 27, 2025, and has set the following tentative schedule:

First Hearing: March 3, 2025 (Public Input on District Contours) Second Hearing: March 17, 2025 (same)
Community Workshop March 25, 2025
Community Workshop March 29, 2025
Third Hearing: April 7, 2025 (Consideration of Draft Maps) Fourth Hearing: April 21, 2025 (Consideration of Draft Maps) Fifth Hearing: May 5, 2025 (Consideration of Draft Maps/ Order of Elections)

4. The Transition Process under the Safe Harbor Provision The City has engaged a demographer, Redistricting Partners, to support the transition effort to district-based elections. During this process, the City must:

8.2 p. 333 of 427
Hold the Second Public Hearing Regarding the City's Transition from an At-Large to a DistrictBased Election System for the Purpose of Receiving Public Input on the Potential Contours of the New Districts and Hearing the Demographer's Presentation on the Transition Process and the Drawing of District Maps for the November 2026 and 2028 Elections.

City of Gilroy City Council Page 4 of 7 March 17, 2025
• Hold at least five public hearings to receive public input and to consider draft maps. The public hearing on March 17, 2025 will be the second of two required public hearing for the public to provide input on communities of interest and the composition of districts, as well as whether the City should retain a directly elected mayor with six districts, or go to seven districts with the seven City Councilmembers selecting the mayor on a rotating basis or some other basis.

The City will not consider any maps at this public hearing. • At the City Council's direction, the City also will hold two public workshops regarding the districting process on Wednesday, March 25 at 7:00 p.m., and on Saturday, March 29 at 9:00 a.m. These workshops will not be at City Hall, but at other locations in the City to make it even easier for residents to attend. These workshops will allow members of the publics to review City boundaries, provide comments, and draw or otherwise suggest possible maps for consideration.

Moreover, the City's CVRA website, which is now up and running, allows the public to: review the City's geographic contours; submit additional input on the City's communities of interest; and, draw potential district maps either with an online tool or by hand. • After the two initial hearings to gather public input and the two public workshops that have been added to the calendar to help interested City residents better understand and participate in the districting process, the City Council will hold at least three additional public hearings starting in April of 2025 to consider and select a map with district boundaries based on the public input received regarding the City's communities of interest and the City Council's direction as to whether the transition will produce six or seven districts with a directly elected mayor or one chosen by the seven City Councilmembers, respectively.

Redistricting Partners will produce one or more maps for consideration by the City Council and the public before each meeting, which will be available to the public at least seven days before any hearing at which the City Council considers the maps. Redistricting Partners will present those maps – explaining each map’s attributes and the differences between or among them. During one or more of these three hearings the City Council will discuss the proposed sequence of election – that is, which districts will be on the ballot in November of 2026, and which will be up in 2028.

During the March 3, 2025 hearing - the first public hearing – the City’s demographer, Redistricting Partners, made a presentation on the CVRA and the transition process for preparing district boundaries. The intention of this hearing was to start to identify the neighborhoods or "communities of interest" within the City, as well as other local factors that should be considered by Redistricting Partners when drawing draft maps. The public was invited to ask questions about the process and to provide input on communities of interest in the City.

The format for this second hearing on March 17, 2025 at 7:00 p.m. will be the same as the first. At the end of the second public hearing with full consideration of the input

8.2 p. 334 of 427
Hold the Second Public Hearing Regarding the City's Transition from an At-Large to a DistrictBased Election System for the Purpose of Receiving Public Input on the Potential Contours of the New Districts and Hearing the Demographer's Presentation on the Transition Process and the Drawing of District Maps for the November 2026 and 2028 Elections.

City of Gilroy City Council Page 5 of 7 March 17, 2025
offered by the public, the City Council will provide direction to City staff and the City’s demographer regarding the criteria to be considered, consistent with the required legal parameters, to create proposed district maps. The City Council will also be asked to provide direction on the number of districts to be created, as well as whether the City would like to retain the practice of directly electing the Mayor.

Following the hearing on March 17 and the public workshops on March 25 and 29, 2025, the demographer will prepare draft maps for the community and City Council to review. In preparation for the three upcoming hearings, Redistricting Partners will create maps and post them on the City’s website at least one week before each hearing. The City will also distribute these maps through other channels.

Thus, at Public Hearing No. 3 on April 7, 2025, the community and City Council will review and comment on draft maps prepared by Redistricting Partners that have been posted on the City's website seven days prior to the hearing. The City Council may ask that new draft maps be prepared by Redistricting Partners in preparation for the April 21, 2025, Public Hearing No. 4, which also will be posted seven days in advance of that hearing. Meanwhile, in addition to the Public Hearings and community workshops, the City will continue an extensive community outreach effort to gather feedback on the draft maps and the districting process.

At Public Hearing No. 5 on May 5, 2025, the City Council may select a final map. In the alternative, the City Council again may ask for additional maps to consider, all of which will be posted seven days in advance of that additional public hearing. The process shall continue until the City Council agrees on a final map. The Council also will consider the order of elections in these later public hearings – that is, which districts will be on the 2026 ballot, and which will be on the 2028 ballot. That decision will be made "in the spirit of the CVRA."
The City Council will then incorporate its chosen map and the order of elections into an ordinance for consideration.

DISTRICT FORMATION CRITERIA
In creating the district boundaries, the City must ensure compliance with the following criteria mandated by the CVRA and the Federal Voting Rights Act:
• Each district must contain a nearly equal population. • The districting plan must be drawn in a manner that complies with the Federal Voting Rights Act and the Equal Protection Clause of the U.S. Constitution; and, • The districts must not be drawn with race as the predominant factor.

Additionally, Election Code section 21130 requires cities to adopt districts using the following criteria to the extent practicable, which are set forth in order of priority:

8.2 p. 335 of 427
Hold the Second Public Hearing Regarding the City's Transition from an At-Large to a DistrictBased Election System for the Purpose of Receiving Public Input on the Potential Contours of the New Districts and Hearing the Demographer's Presentation on the Transition Process and the Drawing of District Maps for the November 2026 and 2028 Elections.

City of Gilroy City Council Page 6 of 7 March 17, 2025
• Districts shall be geographically contiguous.
• To the extent practicable, the geographic integrity of any local neighborhood or local community of interest must be respected and maintained. A "community of interest" is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.
• District boundaries should be easily identifiable and understandable. To the extent practicable, districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the jurisdiction.
• To the extent practicable, and where it does not conflict with the preceding criteria, districts shall be drawn to encourage geographical compactness.

The City's demographer – Redistricting Partners – only will present maps that comply with these criteria.

PUBLIC OUTREACH
In addition to the formal public hearing process, the City is implementing a robust effort to encourage participation and inclusivity as a part of the districting process:
• Hosting a webpage – now up and running at www.cityofgilroy.org/districting – dedicated to districting, which includes an explanation of the districting process, relevant demographic data, the process for getting public input (in all legally required languages), a calendar of public hearings and/or workshop dates, the notice and agenda for each hearing/workshop, audio/video records of the hearings/workshops, a copy of the draft map(s) considered, and a copy of the final adopted map;
• Inviting the submission of community of interest ("COI") forms to allow the public to provide input on keeping communities of interest in single districts to the extent possible, and inviting the submission of draft maps using an interactive mapping tool to allow the public to weigh in on how the actual district lines might be drawn; and,
• Providing the above referenced information to good government, civic engagement, and community groups that are active in the locality, including those active with minority and non-English speaking communities.

NUMBER OF DISTRICTS AND NATURE OF THE MAYOR'S ELECTION
Early in the process of transitioning to district-based elections, the City Council will provide direction to staff and consultants on the number of districts to be created. The City currently has six City Councilmembers elected to four-year staggered terms and a directly elected Mayor. The City Council will provide direction as to whether to maintain this system, or switch to one where there are seven districts – with the seven City Councilors selecting the Mayor on a rotating basis or some other basis.

8.2 p. 336 of 427
Hold the Second Public Hearing Regarding the City's Transition from an At-Large to a DistrictBased Election System for the Purpose of Receiving Public Input on the Potential Contours of the New Districts and Hearing the Demographer's Presentation on the Transition Process and the Drawing of District Maps for the November 2026 and 2028 Elections.

City of Gilroy City Council Page 7 of 7 March 17, 2025

FISCAL IMPACT/ FUNDING
The City of Gilroy must retain the services of a demographer to successfully transition to district elections. The cost of such services is $45,000 to $50,000. The City also must retain outside legal counsel to assist in the transition from at-large to district-based elections, the cost of which will be $35,000 – 45,000. Lastly, it is contemplated that Shenkman & Hughes, the author of the letter received on December 16, 2024, will send an invoice to the City at the end of the transition process as allowed under the CVRA for fees and costs associated with the investigation that gave rise to the letter received on December 16, 2024 – usually for the services of a demographer and also attorneys' fees. The amount of that invoice is capped by the statute at approximately $37,500 if the City meets the CVRA time limits. The total anticipated cost will range from $117,500 to $132,500 and would be paid from the City’s General Fund (100).

ENVIRONMENTAL REVIEW
None.

PREVIOUS COUNCIL CONSIDERATION
During the regular meeting of February 24, 2025, the City Council adopted a Resolution declaring its Intent to Transition to District-Based Elections pursuant to California Elections Code Section 10010, with the transition taking effect for the November 2026 and 2028 Elections.

During the regular meeting of March 3, 2025, the City Council held its first public hearing related to the transition to district-based elections. There, the City's demographer, Redistricting Partners, made a presentation on the CVRA and the transition process for preparing district boundaries.

Attachments:

1. Resolution of Intent

8.2 p. 337 of 427

8.2 p. 338 of 427

8.2 p. 339 of 427

8.2 p. 340 of 427

8.2 p. 341 of 427

8.2 p. 342 of 427

City of Gilroy

STAFF REPORT
Agenda Item Title: Strategic Planning Session #2 - Receive Mid-Year Report on Fiscal Year 2024-2025 Budget and Update
on the General Fund Five-Year Forecast
Meeting Date: March 17, 2025
From: Jimmy Forbis, City Administrator
Department: Finance
Submitted By: Harjot Sangha, Finance Director
Prepared By: Carina Baksa, Finance Manager
STRATEGIC PLAN GOALS Develop a Financially Resilient Organization

RECOMMENDATION
Receive the mid-year report on the Fiscal Year 2024-2025 (FY25) budget and update on the General Fund five-year forecast.

BACKGROUND
The FY25 budget was adopted on June 5, 2023 as part of the City’s Biennial Budget process. Activity for FY25 began on July 1, 2024. The City has completed two quarters of operations for FY25, and this report provides a financial summary of such activity for the period of July 1, 2024 through December 31, 2024.

ANALYSIS
General Fund Forecast Update
The City Council last received the comprehensive General Fund forecast at the May 2024 City Council meeting and an update on the General Fund balance with Fiscal Year 2024 (FY24) preliminary year-end report in November 2024. The chart below is an updated General Fund Forecast, which incorporates additional adjustments based on the information available since that report.

9.1 p. 343 of 427
Strategic Planning Session #2 - Receive Fiscal Year 2024-2025 Mid-Year Budget and the General Fund Five-Year Forecast Update
City of Gilroy City Council Page 2 of 9 March 17, 2025
Following are the notable adjustments to the updated General Fund Forecast:
• Sales Tax – In June 2023, when the current biennial budget was adopted, the adopted budget for sales tax revenue for FY25 was projected to be $22.4 million.

Since adoption, the sales tax revenue forecast has been adjusted and discussed with the City Council at various intervals. With the most recent update during the comprehensive mid-cycle budget adjustments in November 2024, the sales tax revenue budget for FY25 was adjusted downwards by about $0.6 million for a revised budget for FY25 of $21.8 million. Based on the latest sales tax forecast, FY25 is now projected to come in at $20.3 million, resulting in an additional $1.5 million downward adjustment. Sales tax is projected to remain relatively flat, with little to no growth for the next two fiscal years and is expected to return to a regular rate of growth after FY27 of about 2% annually. The forecast for subsequent years has also been adjusted accordingly. The downward adjustment is attributed to a slowdown in consumer spending on taxable goods.

High and rising housing, insurance, groceries, healthcare, and energy costs continue to consume personal income, thus shifting the spending towards nontaxable services and away from taxable goods and items, further demonstrating the volatility and eroding nature of the revenue source as it relies directly on consumers’ discretionary spending.
• Utility User Tax – The adopted budget for utility user tax revenue for FY25 is $6.7 million. This revenue is projected to come in at $7.6 million for FY25, a net increase of about $0.9 million, with notable increase in the electricity segment, offset by a decline in the natural gas segment due to decline in segment prices.

Subsequent years’ assumptions have also been adjusted accordingly. • Investment Income – The FY25 budget for investment earnings is $0.9 million.

Based on the current performance of the investment portfolio, investment earnings in the General Fund for FY25 is now forecasted to end with $1.3 million, an increase of $0.4 million. Assumptions for subsequent forecast years have also been adjusted.
• Pension—The City has received updated actuarial valuation reports for its pension plans prepared by CalPERS actuaries. Staff has updated the General Fund Forecast to reflect the impact, which is an increase to the unfunded

9.1 p. 344 of 427
Strategic Planning Session #2 - Receive Fiscal Year 2024-2025 Mid-Year Budget and the General Fund Five-Year Forecast Update
City of Gilroy City Council Page 3 of 9 March 17, 2025
accrued liability payment of an average of $0.4 million per year throughout the forecast.
• Year-end Savings—The General Fund typically ends the year with nominal budgetary savings, typically between 1% and 2%. Staff have assumed 1% savings for FY25, which equates to about $0.8 million.

For FY25, the General Fund is currently forecasted to end the year with a positive operating margin of about $1.5 million, with a projected ending fund balance of $27.4 million, which represents approximately 35% of reserves. The General Fund is expected to maintain the minimum required fund balance of 30% through FY27, and dip below the required level in the latter two years of the forecast. As previously communicated to the City Council, the City will enter its FY26 and FY27 biennial budget development process with a structural deficit of $1.7 million and $2.4 million, respectively, which is manageable and can be addressed through the budget development process. Some of the considerations underway include review of cost allocation and recovery, identification of alternative funding sources, or minor adjustments to non-personnel operational costs.

General Fund
Revenues
General Fund revenues received through mid-year of FY25 total $23.6 million. This is approximately 34% of the amended budget of $69.9 million. Revenues received up to this point are typically under the 50% fiscal-year mark, especially tax revenues, due to the lag between when the economic transaction occurs and when the City’s revenues are received. The table below provides a breakdown of General Fund Revenues by category and a comparison of the actual revenues to the amended budget.

General Fund Revenues by
Category
FY25
Amended
Budget
FY25 Q2
Actuals % of Budget
Sales Tax $ 21.8 $ 6.7 31%
Property Tax 21.2 5.4 25%
Utility User Tax 6.7 3.3 48%
Franchise Tax 2.5 0.5 20%
Transient Occupancy Tax 2.0 0.5 24%
Business License 0.8 0.3 40%
Other Revenues 14.8 6.9 46%
Total $ 69.9 $ 23.6 34%
(In Millions)

9.1 p. 345 of 427
Strategic Planning Session #2 - Receive Fiscal Year 2024-2025 Mid-Year Budget and the General Fund Five-Year Forecast Update
City of Gilroy City Council Page 4 of 9 March 17, 2025
Sales Tax - The City receives its sales tax revenue approximately two months after funds are collected by the California Department of Tax and Fee Administration. The FY25 budget for sales tax revenue is $21.8 million of which $6.7 million (31%) has been received as of December 31, 2024. Receipts reflect collections through the month of October 2024. Based on the latest quarterly sales tax report, the City’s sales tax revenue for FY25 is expected to come in at $20.3 million, approximately $1.5 million underbudget. Originally, sales tax adopted budget was set at $22.4 million, staff included a downward adjustment of $0.6 million to the Sales Tax budget as part of the comprehensive mid-cycle adjustments approved by the City Council on November 18, 2024. The latest projected shortfall of $1.5 million is in addition to the $0.6 million adjustment previously made.

Property Tax - The City’s property tax revenues are received in various intervals from Santa Clara County and are not distributed in even amounts. Property tax installments are typically due in November and April of each fiscal year. The FY25 budget for property tax revenue is $21.2 million of which $5.4 million (25%) has been received as of December 31, 2024. Much of the annual property tax revenue is received in the second half of the fiscal year, including the annual ERAF payment. Property tax revenue is projected to come in at the budgeted level.

Utility Users Tax (UUT) - Utility taxes are assessed against the value of energy and telecommunications, such as gas, electricity, steam, cable, and phone charges. The current tax rates are 4.5% for telecommunications and 5% for gas and electricity. The City’s UUT revenues are received one month after the revenues are earned. The FY25 budget for utility user tax is $6.7 million of which $3.3 million (48%) has been received as of December 31, 2024. Receipts to date represent revenue through the month of November 2024. As discussed above in the General Fund Forecast section, the UUT revenue is expected to come in higher for FY25 by about $0.9 million.

Franchise Tax - The City receives franchise tax revenue from three franchise types, including gas and electric, cable tv, and garbage/refuse. The FY25 budget for franchise tax is $2.5 million of which $0.5 million (20%) has been received as of December 31, 2024, which primarily reflects Recology franchise payments. The larger portion of franchise tax comes from PG&E, which remits payments once a year and is typically received in April and will be reported as part of the fourth quarter of the fiscal year.

Transient Occupancy Tax (TOT) - The City’s TOT revenue comes from a 9% tax on hotel room rentals under 30 days, as well as from some of the RV parks in the City. The hotels pay approximately one month after the quarter ends. The FY25 budget for TOT is $2.0 million of which $0.5 million (25%) has been received as of December 31. Returns for second quarter are expected to be received in January and will be reported in subsequent quarterly reports.

9.1 p. 346 of 427
Strategic Planning Session #2 - Receive Fiscal Year 2024-2025 Mid-Year Budget and the General Fund Five-Year Forecast Update
City of Gilroy City Council Page 5 of 9 March 17, 2025
Business License - The FY25 budget for Business License fees is $0.8 million of which $0.3 million (40%) has been received as of December 31, 2024. The business license revenue is tied to the timing of the annual renewal of the license, generally occurring in June and December each year, based on business category.

Other General Fund revenues - This category comprises departmental service charges, general administration charges, fines and forfeitures, and other intergovernmental revenues. The FY25 budget for this aggregate revenue category is $14.8 million of which $6.9 million (46%) has been received as of December 31, 2024. At this time, this revenue is expected to come in as budgeted.

Expenditures
General Fund expenditures through mid-year of FY25 total $36.2 million. This is approximately 46% of the amended budget of $78.9 million. The table below provides a breakdown by department and function comparing the actual expenditures for the first two quarters of the fiscal year to the amended budget. Generally, departments are within or below their expenditure target for this time of the fiscal year.

Non-General Fund
Revenues
The City has approximately 60 non-general funds. The information (revenues and expenditures) for these funds is presented in the table below in aggregate, by fund type, along with a brief description of what is included in these categories.

General Fund Expenditures
by Department/Function
FY25
Amended
Budget
FY25 Q2
Actuals % of Budget
Administration $ 4.9 $ 2.0 41%
Recreation Transfer 1.5 0.8 50%
Other Transfers 1.0 0.5 50%
Human Resources 1.8 0.8 42%
Community Development 6.2 2.5 41%
Finance 1.3 0.6 45%
Fire 14.9 7.7 52%
Other General Government 3.5 2.1 59%
Police 32.7 15.7 48%
Public Works 11.0 3.5 32%
Total $ 78.9 $ 36.2 46%
(In Millions)

9.1 p. 347 of 427
Strategic Planning Session #2 - Receive Fiscal Year 2024-2025 Mid-Year Budget and the General Fund Five-Year Forecast Update
City of Gilroy City Council Page 6 of 9 March 17, 2025
Non-General Fund revenues received as of December 31, 2024 total $41.3 million or 33% of the amended budget of $124.8 million. Revenues received up to this point are usually under the 50% fiscal-year mark due to the timing of receipts, especially for special revenue and capital/development funds.

Special Revenues – The primary source of this fund type is intergovernmental funds in the manner of tax sharing or grants from Federal, State, County, and other regional governments. For the City of Gilroy, these Special Revenues provide funding for transportation (Gas Taxes, Vehicle Registration, and Measure B), public safety (Proposition 172 sales tax, Gang Prevention, and regional task forces), and community development (CDBG and housing) among others. The FY25 budget for Special Revenues is $13.8 million of which $3.3 million (24%) has been received as of December 31, 2024. Many of these revenues are based on quarterly claims submitted by staff, therefore it is normal for this type of revenue to be received in the next quarter after it was earned.

Recreation – The Recreation Fund receives an annual allocation of $1.5 million from the General Fund in addition to the revenues it acquires from charges for services or grants related to recreation programs. The services provided by Recreation are seasonal, typically most active during spring and summer. The FY25 budget for Recreation revenue is $2.3 million of which $1.1 million (48%) has been received as of December 31, 2024.

Capital/Development Impact Funds – Revenues in the Capital and Development Impact Funds are primarily generated by new development approvals and the required contributions to offset infrastructure impacts. Revenue depends on the size and impact of the development and the timing of the project; therefore, revenue is not evenly distributed throughout the fiscal year. The FY25 budget for Capital/Development Funds Non-General Fund
Revenues by Fund Type
FY25
Amended
Budget
FY25 Q2
Actuals % of Budget
Special Revenue $ 13.8 $ 3.3 24%
Recreation 2.3 1.1 48%
Capital/Development 52.6 8.2 16%
Debt Service 5.0 1.6 33%
Internal Service 18.0 8.1 45%
Sewer 18.2 9.7 53%
Water 14.8 9.3 62%
Total $ 124.8 $ 41.3 33%
(In Millions)

9.1 p. 348 of 427
Strategic Planning Session #2 - Receive Fiscal Year 2024-2025 Mid-Year Budget and the General Fund Five-Year Forecast Update
City of Gilroy City Council Page 7 of 9 March 17, 2025
revenue is $52.6 million of which $8.2 million (16%) has been received as of December 31, 2024. In discussion with the Public Works Department, larger private development projects anticipated in FY25 have not commenced. Staff are re-evaluating the timing of these projects materializing and will report any updates in future quarterly reports.

Debt Service – Debt Service funds receive their revenue from annual property tax levies and/or via interfund transfers from other funds and are typically aligned with the timing of the debt service payment. The FY25 Quarter 2 amounts primarily reflect the interfund transfers. The property tax levies for the Library Bond debt service are received similar to the General Fund property tax distribution, majority of it in Quarter 2 through Quarter

4. Internal Service – Internal Service Funds (Information Technology (IT), Fleet, Facilities, Worker’s Compensation, and Liability Funds) primarily receive their revenue from charges to other departments and funds in the City. The FY25 budget for Internal Service Funds revenue is $18.0 million of which $8.1 million (45%) has been received as of December 31, 2024. These charges are assessed based on the budget and it is expected that the full budgeted amount will be received.

Sewer – The FY25 budget for Sewer revenue is $18.2 million of which $9.7 million (53%) has been received as of December 31, 2024. The Sewer Fund is tracking slightly above for the period. The Sewer Enterprise Fund generates its revenue from utility user charges. At this time, it is expected the revenue will come in at budget.

Water – The FY25 budget for Water revenue is $14.8 million of which $9.3 million (62%) has been received as of December 31, 2024. The Water Fund is tracking above for the period. Like the Sewer Fund, the Water Fund generates its revenues from utility user charges and it fluctuates based on consumption levels.

Expenditures
Non-General Funds expenditures as of December 31, 2024 total $36.3 million, or 24% of the amended budget of $154.0 million. The table below presents the Non-General Fund expenditures by Fund Type.

9.1 p. 349 of 427
Strategic Planning Session #2 - Receive Fiscal Year 2024-2025 Mid-Year Budget and the General Fund Five-Year Forecast Update
City of Gilroy City Council Page 8 of 9 March 17, 2025
Special Revenues – The primary expenditures in this fund type are for roads and sidewalk infrastructure, followed by grant-related expenditures for the Police Department. As of December 31, 2024, expenditures are at $1.9 million (12%) of the budgeted amount of $16.1 million. Road and infrastructure capital projects typically begin after the winter/rainy season, therefore, staff expects funds to be encumbered and expenditures to occur in the third and fourth quarter of the fiscal year.

Recreation – As of December 31, 2024, expenditures are at $0.9 million (39%) of the budgeted amount of $2.2 million. The services provided by Recreation are seasonal, typically most active during spring and the summer therefore staff expects funds to be encumbered and expenditures to occur in the third and fourth quarter of the fiscal year.

Capital/Development – As of December 31, 2024, expenditures are at $5.8 million (13%) of the budgeted amount of $44.0 million. The below target spending is primarily in the capital outlay. Several capital projects are currently in their design phases and the subsequent construction phase, the larger expenditure category, typically begins after the winter/rainy season, therefore staff expects funds to be encumbered and expended in the third and fourth quarters of the fiscal year.

Debt Service – As of December 31, 2024, expenditures are at $2.9 million (59%) of the budgeted amount of $4.9 million. The debt service payments typically include semiannual interest payments, and one annual principal payment. These expenses are expected to come in at budgeted levels.

Internal Services - As of December 31, 2024, expenditures are at $7.7 million (32%) of the budgeted amount of $23.7 million. The City’s internal services funds are IT, Fleet, Facilities, Equipment Outlay, Worker’s Compensation, and Liability Funds. These expenses are expected to come in at budgeted levels.

Non-General Fund
Expenditures by Fund Type
FY25
Amended
Budget
FY25 Q2
Actuals % of Budget
Special Revenue $ 16.1 $ 1.9 12%
Recreation 2.2 0.9 39%
Capital/Development 44.0 5.8 13%
Debt Service 4.9 2.9 59%
Internal Service 23.7 7.7 32%
Sewer 26.5 9.8 37%
Water 36.6 7.4 20%
Total $ 154.0 $ 36.3 24%
(In Millions)

9.1 p. 350 of 427
Strategic Planning Session #2 - Receive Fiscal Year 2024-2025 Mid-Year Budget and the General Fund Five-Year Forecast Update
City of Gilroy City Council Page 9 of 9 March 17, 2025
Sewer – As of December 31, 2024, expenditures are at $9.8 million (37%) of the budgeted amount of $26.5 million. Approximately $9.8 million of this budget is related to the operations of the South County Regional Wastewater Authority and the Plant’s Expansion project which is currently under construction.

Water – As of December 31, 2024, expenditures are at $7.4 million (20%) of the budgeted amount of $36.6 million. Approximately $18.6 million of this budget is related to capital outlay projects, several of which are currently in their design phases.

ALTERNATIVES
There are no recommended alternatives to receiving the Mid-Year Budget Report for FY25.

FISCAL IMPACT/FUNDING SOURCE
There are no fiscal impacts as this is a report and no budgetary action is proposed.

Preparation of the quarterly budget update reports are an annual workplan item for the Finance Department.

9.1 p. 351 of 427