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Resolution 1999-36 , . . RESOLUTION NO, 99-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 99-01, A TENTATIVE MAP WITH SIX COMMERCIALIRESIDENTIAL TOWNHOUSES AND ONE COMMON AREA ON APPROXIMATELY 32 ACRES LOCATED AT 85 FIFTH STREET, BETWEEN MONTEREY AND EIGLEBERRY STREETS, APN 799-06-058 WHEREAS, Custom One, Inc, ("Applicant") submitted TM 99-01, requesting a Tentative Map to subdivide a 32 acre lot into six commerciallresidentiallots and one common area lot; and WHEREAS, the property affected by TM 99-01 is located at 85 Fifth Street, between Monterey and Eigleberry Streets, as described in Exhibit A attached hereto; and , WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), an Initial Study was prepared for this project which identified potentially significant effects on the environment, and the Applicant included certain mitigation in the project and has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where no significant impact will occur; and WHEREAS, in accordance with CEQA, a Negative Declaration with three (3) mitigation measures was circulated in conjunction with this application; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 1, 1999, at which it considered this project and voted to recommend approval of TM 99-01 to the City Council; and IKHM\443172.01 912"'2304706002 -1- RESOLUTION NO, 99-36 . . . WHEREAS, the City Council held a duly noticed public hearing on April 19, 1999, at which time the City Council considered the public testimony, the Staff Report dated March 18, 1999, and all other documentation related to application TM 99-0 I; and WHEREAS, the City Council on May 18, 1998, adopted the mitigated Negative Declaration, finding that it was completed in compliance with CEQA, it reflected the independent judgment of the City, and that there was no substantial evidence in the record that the project will have a significant effect on the environment; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office ofthe City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council finds as follows: L The project is consistent with the site's land use designation on the General Plan map, and with the intent of the General Plan text. 2, The project is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, the Downtown Gilroy Revitalization Action Plan, and the State Subdivision Map Act. 3, There are no facts to support findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474, B. Tentative Map TM 99-01 should be and hereby is approved subject to: L The twelve (12) conditions identified in the Staff Report dated March 18, 1999, attached hereto as Exhibit B, and incorporated herein by this reference, 2, The mitigation measures set forth in the Negative Declaration and the IKHM\443172.01 912-042304706002 -2- RESOLUTION NO, 99-36 ~ Thomas W, Springer, .-~ ro Tem . . MitigationIMonitoring Program, attached hereto as Exhibit C and incorporated herein by this reference, PASSED AND ADOPTED this 3'" day of May, 1999 by the following vote: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SUDOL, SPRINGER NONE GILROY AYES: COUNCILMEMBERS: APPROVED: ATTEST: ~~~, Rhonda Pellin, City Clerk IKHM\443172.01 912-042304706002 -3- RESOLUTION NO, 99-36 c' EXHIBIT A Community ~evelopment De'artment Planning Division Staff Report FILE NUMBER: APPLICANT: LOCATION: STAFF PLANNER: REOUESTED ACTION: March 18, 1999 TM 99-01 "Fifth Street Commons" Custom One, Inc. (% Gary Walton) 85 Fifth Street, between Monterey and Eigleberry Streets Clare O'Brien Tentative Map approval to subdivide a ,32-acre parcel into a 7-lot mixed-use (commercial/residential) subdivision, on property zoned CI-HN (Neighborhood Commercial - Historic Neighborhood). The project sPecifically jncludes six (6) lots intended for commercial/residential townhouseS and one (1) common area lot . . DESCRIPTION OF PROPERTY: Parcel No.: Parcel Size: Flood Zone: ." ' 799-06-058 . ,32 acre (13,939* square feet) "B", Panel # 06034-0000, revision dated: 1 0/06/81 Existinlf Land Use Undeveloped , " General Plan Designation Neighborhood Commercial Zoning- CI-HN STA TlJS OF SURROUNDING PROPERTY: . . Existing- Land Use North: Commercial Office East: Restaurant . South: Commercial Office We#: Single F~ly Dwelling General Plan Designation N~ghbomoodCommoccial Neighborhood Commercial Neighborhood Commercial Neighborhood Commercial Zoninlf C1-HStHN CI-HStHN Cl C1-HN CONFORMANCE OF REOUEST WITH GENERAL PLAN: The proposed project conforms to the land uSe designation for the property on the General Plan map, and is generally consistent with the intent of the text of the General Plan document TM 99-01 . 2 . 3/18/99 ENVIRONMENTAL REVIEW: NEGATIVE DECLARATION An Initial Study waS prepared for the proposed project by one of the City's independent environmental consultants (EMC Planning Group) in February, 1998,. The study was completed in compliance with the Califomia Environmental Quality Act (CEQA) and reflects the independent judgement of the City, The study identified potentially significant effects on the environment, however, the applicant has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where no significant impacts will occur. The Initial Study was circulated for a 21cday period ending March 23, 1998, with the City receiving no written responses, A Negative Declaration with three (3) mitigation measures and a Mitigation Monitoring Program (both attached) was approved by the Planning Commission on April 2, 1998, There is no substantial evidence thai the proposed project may have a significant effect on the environment " PRIOR PROJECT APPROVALS: AfS 97-69 _ On April 20, 1998, the City CotIDci1 approved the Architectural and Site Review request for the Fifth Street Commons project, Under this request, the applicant received approval to construct a two-story 9,808- square-foot ~ommercial/residential building proposed on the subject .32-acre lot CUP 97-08 On April 20, 1998, the City COtIDcil approved a Conditional Use Permit for the Fifth Street Commons project, Under this request, the applicant received approval to construct multiple, residential units on the second story of a commercial/residential building, . V 97-04 . On April 2, 1998, the Planning Commission approved a Variance for the Fifth Street Commons project, Under this request, the applicant received approval for reduced front and side yard building setbacks, a reduced front yard fence setback, and reduced landscaping planters along street frontages, ANALYSIS OF REOUEST: The applicant (Custom One, Inc.) is requesting Tentative Map approval to subdivide a .32-acre parcel into a 7-lot mixed-use (commercial/residential) subdivision, on property .zoned CI-HN (Neighborhood Commercial - Historic N eighborbood). The subj ect site is located within the Historic Neighborhood at the northeast comer of Fifth and Eigleberry Streets, Existing commercial businesses surrotIDd the site to the north, east, and south, A single family dwelling is located to the west, acrQss Eigleberry Street Specifically, the subdivision includes six (6) lots intended for commercial/residential townhouses and one (1) common area lot Approval of this request would allow individual ownership of each townhouse in the proposed "Fifth Street Commons" complex, Each townhouse features first-floor commercial space with second-floor residential space, The creation of the common area loi allows for a 2,500-square foot rear courtyard and for the creation of pedestrian alleys along the project's northerly and easterly bOtIDdaries, The common area also ensures adequate access to all townhouse units at both their first- and second-floor levels, The submitted Tentative Map is consistent with the City's General Plan land use map which designates the site as Neighborhood Commercial, As submitted, the requested tentative map is consistent with the intent of the City's General Plan text and Land Use map, Zoning Ordinance, and the Subdivision and Land Development Code, The submitted Tentative Map is also consistent with the Downtown Gilroy Revitalization Action Plan, EXHIBIT B TM 99-01 . 3 . 3/18/99 STAFF RECOMMENDA TION: Staff recommends that the Planning Commission forward a recommendation of APPROVAL of this Tentative Map request to the City Council for the following reasons: . A The proposed Tentative Map is substantially consistent with prior approvals granted to the applicant by the City Council (CUP 97-0S:, V 97-04, and AlS 97-69); B. The proposed Tentative Map is consistent with the intent of the goals and policies of the City's General Plan document; C, . As submitted, the proposed Tentative Map is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the Downtown Gilroy Revitalization Action Plan; D, Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity; and E. There will be no significant environmental impacts as a result of this project due to the mitigation measures to be applied, Stafffurther recommends that the approval of this application be subject to thefollowmg conditions: L All three (3) MITIGATION MEASURES contained within the Negative Declaration for this development shall be applied to the approval of this project in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under California Environmental Quality Act (CEQA), This shall be subject to the review and approval of the Planning Division, 2, Unless this project is exempt from the application of the City's Residential Development Ordinance ("RDO", City Zoning Ordinance Sections 50,60 et seq,), no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the RDO, .any conditions of approval issued in connection with such development or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO, 3, The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, or employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision, City will promptly notify the subdivider of any claim, action or proceeding against it, and will cooperate fully in the defense, Tliis condition is imposed pursuant to California Government Code section 66474,9, 4, An owners association shall be established which assumes responsibility for the maintenance and management of all common areas and landscaping, subject to the review and approval of the Planning Division, 5, The applicant shall submit a copy of the Conditions. Covenants and Restrictions for the townhouse development project prior to the issuance of any building permits, subject to the review and approval of the Planning Division. TM 99-01 . . 3/18/99 4 6, The project shall be equipped with sprinklers per NFPA 13, subject to the review and approval of the Deputy Fire Marshall, Area separation walls will not be a substitute for this requirement, 7, The applicant shall provide a fire flow of 1500 GPM within 150 feet of the building, subject to the review and approval of the Deputy Fire Marshall. 8, The applicant shall indicate the location of valves and backjluwsfor the project on Final Plans, . prior to the issuance of any building permits, subject to the review and approval of the Deputy Fire Marshall. 9, Separate utility meters (gas, electric, water) shall be provided to serve each individual commercial and residential unit, in addition to meters required to serve the common area, subject to the review and approval of the Community Services Division. 10, The applicant shall provide a soils/compaction report prior to the issuance of any building permits, subject to the review and approval of the Building, Life, and Environmental Safety Division. I L The public-use and common-use areas shall be accessible, subject to the review and approval of the Building, Life, and Environmental Safety Division 12, Street trees shall be spaced at least minimum distances from utilities and street lights, in accordance with the City's Consolidated Landscaping Policy, subject to the review and approval of the Community Services Division, . Respectfully, ~ ~~ William Faus Planning Division Manager 4-1-99 At their meeting of April 1, 199?, the Planning Commission, of 6-0-1 (Commissioner Tucker absent), recommended approval subject to 12 ;conditions as set forth in the staff report, 99-15) by a vote of TM 9'1-01 (Vo1ce Resolution AYES: NAYES: ABSENT: ALLEN, :GARTMAN, NONE TUCKER PINHEIRO, PUENTE, COLLIER, LAI Public > a:: Parking > I a:: l.L.J () - l.L.J a:: a:: . c:l l.L.J :J l.L.J l- I ..J Z () Cl 0 - l.L.J ~ FIFTH ST. THE SITE . ' . I -- L- Public Parking Site Map fo r TM 99-01 Name of Project: Nature of Project Fifth Street Commons The proposed project consists of plans to construct a 5,400-square-foot commercial office building with four to five second-story residential units totalling 4,100 square feet on a .32-acre lot. . . EXHIBIT C Community ~velopment De-.rtment . Planning'Division N e gati ve Dee larati on City of Gilroy 7351 Rosanna St Gilroy, CA 95020 (408) 848-0440 City File Number: CUP 97-08 ::Qj,eet Descrintion Pro ieet Location Location: . _ Assessor's Parcel #: 85 Fifth Street (northeast comer at Eigleberry Street) 799-06-058 " . Entit" or Person(s) Undertakinl! Proiect . Name: Address: Custom One, Inc, (% Gloria Paiseau) PO Box 1265 Morgan Hill, CA 95038 408-778-9505 Initin! Studv An Initial Study of this project was undertakenaiicl prepared for the purpose of ascertaining whether this project might have a significant effect on the eirVironment. A copy of this study is on file at the City of Gilroy Planning Division, ~351 Rosanna Street,'Gilroy, CA 95020, . Findin!"s & Reasons The Initial Study identified poten~~!y significant effects on the environment. However, this project has been mitigated (see Mitigation MeasUres below which avoid or mitigate the effects) to a point where no significant effects will occur, There is no substantial evidence that the project may have a significant effect on the environment. . The following reasons will support these findings: L The proposal is a logical component of the existing land use of this area. 2: Identified adverse impacts are proposed to be mitigated through preparation of special studies, arid construction of off-site improvements, 3, The proposed project is consistent with the adopted goals and policies of the Gilroy General Plan, 4, The Initial Study was independently reviewed by City staff, and this Negative Declaration reflects the independent judgement of the City of Gilroy, l\'nti~anon Measures . . 212797 . Draft Negative De::laration CUP 97-08 2 1, A soils investigation shal1 be prepared for the project by a qualified soils .engineer, Tne recommendations of the soils investigation shaH be incorporated into the final building plans and shall be reviewed and approved by the Gilroy Engi.neering DiVision prior to approval of the building permit ' 2, The following language' shall be included on any permits issued for the project site, including, but not limited to, building permits for the future development ' . "All naise generating canstruction activities shall be limited to. weekdays between 7 AM and 7 PM, to. Saturdays cmd City ho.lidays between 9 AM and 7 PAl. No. canstructian is allowed an Swuiays. In additian, the develaperwill be retjuired to. use temparary berms ar noise attenuatian barriers where feasible, " 3, Oue to the possibility that significant burieo cultural resOurces might be fOillld during construction, the following language shall be included in any permits issued for the project site, including, but not limited to building permits for the future development, pursuant to the review and approval of \he Gilroy Planning Division: "If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project .developer shall notifY the coroner or a the Director of the Archaeological Regional Research Center, If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented," Date Prepared: February 27, 1998 End of Review Period: March 23, 1998 Date Apprcived By Flanning COrrunis"~OIi:-Ap~i1 2, 1998 /~//. . . q;? ;;A?I.~ll' t/:~/K . W~ ~am Faus, . Planning Division Manager ,'. ,- l" ',.. '. c:\ WPWIN6018RY AMDOCUMENi'J'leG.OeClflFTH_ST,NEG E..'ffiIBIT C . . Mitigation Monitoring Checklist A Prior to issuance of a Building Permit, the following mitigation measures shall be implemented: ' . 1 A soils investigation.shall be prepared far the project by a qualified soils engineer, The recommendations of the soils investigation shall be incorporated into the final building plans and shall be reviewed and approved by the Gilroy E.'1gineering Division prior to approval of the building permit. . 2 The follow;ng lang'~age shall be included on any permits-issued far the project site, including, but not limited to, building permits far the future development. "All noise generating construction activities shall be limited to weekdays between 7 AM and 7 PM, to Saturdays and City holidays between 9 AM and 7 PM, No construction is allowed on Sundays. In addition, the developer will be required to use temporary berms or noise attenuation barriers where feasible." 3 Due to the possibility that significant buried cultural resources might be found during construction, the fallowing langilage shall be included in any permits'iSsued for,the project site, including, but not Iiinlted to building permits for the future development, pursuant to the review . and approval of the Gilroy Planning Division: "If archaeological resourc,es or human remams are discovered during p:lnstruction, work shall be halted at a minimum of 20d feet from the find and the area shall be staked off, The project developer shall notify the coroner or a the Director of the Arcr,aeological Regional Research Center, If the find is detennined to be sig'nificant, appropriate mitigation measures shalloe formulated and implemented." ," Fifth Sireet Commons Mitigation Monitoring Program Developer Gilroy. Building Division Developer Gilroy Planning Division Gilroy Building Division Developer Gilroy Planning Division ,. MMF-3 . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No, 99-36 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of May, 1999, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 18th day of May, 1999. , (Seal) , .