02/03/2022 Planning Commission Regular Agenda Packet
Regular Planning Commission Meeting Agenda
February 3, 2022
6:00 P.M.
City Council Chambers, City Hall
7351 Rosanna Street, Gilroy CA
PLANNING COMMISSION MEMBERS
Chair (Interim): Tom Fischer: tom.fischer@cityofgilroy.org Andrew Ridley: andrew.ridley@cityofgilroy.org
Joan Lewis: joan.lewis@cityofgilroy.org Manny Bhandal: manny.bhandal@cityofgilroy.org
Vice Chair: John Doyle: john.doyle@cityofgilroy.org Stefanie Elle: stefanie.elle@cityofgilroy.org
Adilene Jezabel Moreno: adilene.moreno@cityofgilroy.org
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF ASSEMBLY BILL 361.
MEETING MATERIAL IS AVILABLE ON THE COUNTY WEBSITE www.cityofgilroy.org.
Pursuant to California Assembly Bill 361, a local legislative bode is authorized to hold public meetings
remotely and to make those meetings accessible to all members of the public seeking to observe and
to address the local legislative body by remote means only via a technology solution. As such, the City
will provide various options for the public to participate in the conduct of the meeting, as indicated in
detail below on this coversheet.
In order to minimize the spread of the Covid 19 virus, the City will be offering online conferencing via
Zoom, Facebook Live, and telephone for the public to view or listen to this meeting. Written comments
can be submitted by email to Marco Romagnoli, Planning Technician, at
planningdivision@cityofgilroy.org Please note that written comments will not be read out loud, but will
be part of the written record.
To Participate vis Zoom:
Weblink: https://us02web.zoom.us/j/83699338495?pwd=VXJ2UFBqZ2srWVkweWtkcndybGtWdz09
Or via Telephone: +1 669 900 6833
Webinar ID: 836 9933 8495
Passcode: 496197
To View the Meeting Live on Facebook:
Weblink: https://www.facebook.com/GilroyCityHallMeetings
Comments by the public will be taken on any agenda item before action is taken by the Planning
Commission. Persons speaking on any matter are asked to state their name and address for the
record. Public testimony is subject to reasonable regulations, including but not limited to time
restrictions on particular issues and for each individual speaker. A minimum of 12 copies of materials
should be provided to the Clerk for distribution to the Commission and Staff. Public comments are
limited to no more than three-minutes, at the Chair’s discretion.
Comments on any agenda item may be emailed to the Planning Division at
planningdivision@cityofgilroy.org or mailed to the City of Gilroy, Community Development
Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the
Planning Division by 1:00pm on the day of a Planning Commission meting will be distributed to the
City Council prior to or at the meeting and available for public inspection with the agenda packet
located in he lobby of Planning Division at City Hall, 7351 Rosanna Street prior to the meeting. Any
correspondence received will be incorporated into the meeting record. Items received after the
1:00pm deadline will be provided to the Planning Commission as soon as practicable.
In compliance with the American Disabilities Act (ADA), the City will make reasonable arrangements
to ensure accessibility to this meeting. If you need special assistance to partic ipate in this meeting,
please contact the City Clerk 72 hours prior to the meeting at (408) 846-0491. A sound enhancement
system is available in the City Council Chambers.
If you challenge any planning or land use decision made at this meeting in court, you may be limited
to raising only those issues you or someone else raised at the public hearing held at this meeting, or
in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Please take notice that the time within which to seek judicial review of any final administrative
determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil
Procedure.
Persons who wish to speak on matters set for Public Hearing will be heard when the presiding officer
calls for comments from those persons who are in support of or in opposition thereto. After persons
have spoken, the hearing is closed and brought to the Planning Commission level for discussion and
action. There is no further comment permitted from the audience unless requested by the Planning
Commission.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9(b)(1) if a point has been reached where, in the opinion of the legislative body of th e City on
the advice of its legal counsel, based on existing facts and circumstances, there is a significant
exposure to litigation against the City.
Materials related to an item on this agenda submitted to the Planning Commission after distribution of
the agenda packet are available for public inspection with the agenda packet in the lobby of
Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are
also available with the agenda packet on the City website at www.cityofgilroy.org
I. PLEDGE OF ALLEGIANCE
II. REPORT ON POSTING THE AGENDA AND ROLL CALL
III. PUBLIC COMMENTS: (Three-minute time limit). This portion of the meeting is reserved for
persons desiring to address the Planning Commission on matters not on the agenda. The
law does not permit the Planning Commission action or extended discussion of any item
not on the agenda except under special circumstances. If Planning Commission action is
requested, the Planning Commission may place the matter on a future agenda. Comments
on any agenda item may be emailed to the Planning Division at
planningdivision@cityofgilroy.org or mailed to Community Development Department at City
Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division
by 1:00pm on the day of a Planning Commission meeting will be distributed to the Planning
Commission prior to or at the meeting and available for public inspection with the agenda
packet located in the lobby of Planning Division at City Hall, 7351 Rosanna Street prior to
the meeting. Any correspondences received will be incorporated into the meeting record.
Items received after 1:00pm deadline will be provided to the Planning Commission as soon
as practicable. All statements that require a response will be referred to staff for reply in
writing.
PUBLIC HEARINGS FOR RELATED PROJECT APPLICATIONS WILL BE HEARD CONCURRENTLY AND
ACTION WILL BE TAKEN INDIVIDUALLY. COMPANION PROJECTS UNDER NEW BUSINESS WILL BE
TAKEN UP FOR ACTION PRIOR TO, OR IMMEDIATELY FOLLOWING THE RELATED PUBLIC HEARING.
THIS REQUIRES DEVIATION IN THE ORDER OF BUSINESS AS NOTED WITHIN THE AGENDA.
IV. CONSENT AGENDA
1. 12/2/2021 Planning Commission Regular Meeting Draft Minutes - Correction
2. 1/20/2022 Planning Commission Special Meeting Draft Minutes
V. PUBLIC HEARINGS
A. Milo's Market Conditional Use Permit for Off-Site Alcohol Sales (CUP 21-03,
21070011)
1. Staff Report: Miguel Contreras, Planner I
2. Open Public Hearing
3. Close Public Hearing
4. Planning Commission Disclosure of Ex-Parte Communications
5. Possible Action:
Staff has analyzed the proposed project, and recommends that the Planning
Commission adopt a Resolution approving Conditional Use Permit (CUP 21-03),
based upon findings and subject to certain conditions.
B. Forest Street Cold Storage Architectural and Site Review (AS 21-16, 21080028)
1. Staff Report: Miguel Contreras, Planner I
2. Open Public Hearing
3. Close Public Hearing
4. Planning Commission Disclosure of Ex-Parte Communications
5. Possible Action:
Staff has analyzed the proposed project, and recommends that the Planning
Commission:
a) Adopt a resolution approving the Architectural and Site Review Permit AS 21 -16
(#21080028), as requested, subject to certain findings and conditions. (Roll Call
Vote)
VI. OLD BUSINESS
1. 2022 Planning Commission Task Force / Committee Assignments
1. Staff Report: Kraig Tambornini, Senior Planner
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
Continue item to March 3, 2022 to Review Planning Commission committee
assignments and make adjustments as necessary.
VII. NEW BUSINESS
A. Update on Consolidation of the Historic Heritage Committee, Housing and
Neighborhood Revitalization Committee, Street Naming Committee, and Portions
of the Bicycle Pedestrian Commission with the Planning Commission
1. Staff Report: Bryce Atkins, Senior Management Analyst
2. Public Comment
3. Possible Action:
Commission receive the report and provide any feedback.
VIII. INFORMATIONAL ITEMS
A. Planning Division - Current Projects Log
IX. REPORTS BY COMMISSION MEMBERS
X. PLANNING DIVISION REPORT
XI. ASSISTANT CITY ATTORNEY REPORT
XII. ADJOURNMENT to the Next Meeting of March 3, 2022 at 6:00 P.M.
Planning Commission
Regular Meeting
of
DECEMBER 2, 2021
I. PLEDGE OF ALLEGIANCE
Chair Fischer called the meeting to order at 6:30.
Chair Fischer led the pledge of alliance.
II. REPORT ON POSTING THE AGENDA AND ROLL CALL
Planning Technician Romagnoli posted tonight's agenda on Wednesday, November 24,
2021 at 3:51pm.
Attendee Name Title Status Arrived
Stefanie Elle Planning Commissioner Present
Manny Bhandal Planning Commissioner Excused
John Doyle Planning Commissioner Present
Joan Lewis Planning Commissioner Present
Andrew Ridley Planning Commissioner Late
Tom Fischer Chair Present
Adilene Jezabel Moreno Planning Commissioner Present
III. PUBLIC COMMENTS
There were no public comments for items not on the agenda.
IV. CONSENT AGENDA
1. November 4, 2021 - Planning Commission Regular Meeting Minutes
V. PUBLIC HEARINGS
A. Staff has analyzed the proposed project and recommends that the Planning
Commission adopt a resolution recommending that the City Council approve
Tentative Map TM 21-05, subject to certain findings and conditions.
1. Staff Report: Melissa Durkin, Planner II
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
The applicant requested a continuance of the TM 21-05 public hearing to an unspecified
Planning Commission meeting.
Possible action:
1) Motion was made by Commissioner Lewis, seconded by Commissioner Elle to
continue tentative map TM 21-05 to an unspecified Planning Commission meeting.
Vote: Motion carried 6-0-0-1
Yes: Lewis, Doyle, Jezabel Moreno, Ridley, Elle, Fischer
4.1
Packet Pg. 5 Communication: 12/2/2021 Planning Commission Regular Meeting Draft Minutes - Correction (CONSENT AGENDA)
No: None
Abstain: None
Absent: Bhandal
B. Staff has analyzed the proposed project and recommends that the Planning
Commission adopt a resolution recommending that the City Council approve
Tentative Map TM 20-05, subject to certain findings and conditions.
1. Staff Report: Melissa Durkin, Planner II
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
The applicant requested a continuance of the TM 20-05 public hearing to an unspecified
Planning Commission meeting.
Possible action:
1) Motion was made by Commissioner Lewis, seconded by Commissioner Elle to
continue tentative map TM 21-05 to an unspecified Planning Commission meeting.
Vote: Motion carried 6-0-0-1
Yes: Lewis, Doyle, Jezabel Moreno, Ridley, Elle, Fischer
No: None
Abstain: None
Absent: Bhandal
VI. OLD BUSINESS
1. Staff recommends that the Planning Commission amend the bylaws to change the
start time of Planning Commission meetings from 6:30 p.m. to 6:00 p.m. and to not
take up agenda items after 10:30 p.m. unless requested by a majority of the
Commission.
1. Staff Report: Karen Garner,
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
Community Development Director Garner presented the staff report.
Chair Fischer opened public comment. No comments.
Chair Fischer closed public comment.
Disclosure of ex-parte communication: None.
Possible action:
4.1
Packet Pg. 6 Communication: 12/2/2021 Planning Commission Regular Meeting Draft Minutes - Correction (CONSENT AGENDA)
1) Motion was made by Commissioner Doyle, seconded by Commissioner Jezabel
Moreno to amend the bylaws to change the start time of Planning Commission meetings
from 6:30pm to 6:00pm and to not take up agenda items after 10:30pm unless
requested by a majority of the Commission.
Vote: Motion carried 6-0-0-1
Yes: Lewis, Doyle, Jezabel Moreno, Ridley, Elle, Fischer
No: None
Abstain: None
Absent: Bhandal
VII. NEW BUSINESS
There is no new business.
VIII. INFORMATIONAL ITEMS
A. Planning - Current Project Log - 11/24/2021
IX. REPORTS BY COMMISSION MEMBERS
Commissioner John Doyle - Bicycle Pedestrian Commission
No report.
Commissioner Joan Lewis - Street Naming Committee
No report.
Commissioner Adilene Jezabel Moreno - Historic Heritage Committee
The Historic Heritage Committee met on November 17, 2021. The Historic Heritage
Committee discussed the Historic Ordinance Update.
Commissioner Andrew Ridley - Gilroy Downtown Business Association
No report. Commissioner Ridley asked to be replaced as a planning commissioner
representative to the Gilroy Downtown Business Association due to lack of availability.
X. PLANNING DIVISION REPORT
Community Development Director Garner reported on the upcoming appointments of new
planning commissioners and expired terms.
Director Garner reported on potential changes to the structure of city commissions,
committees, and boards that are being discussed by the City Council.
Director Garner acknowledged Chair Fischer's final meeting on the Planning Commission
and recognized his history of service on various city boards and commissions.
Director Garner notified the Commission that she will email the status of two projects as
requested by Chair Fischer.
4.1
Packet Pg. 7 Communication: 12/2/2021 Planning Commission Regular Meeting Draft Minutes - Correction (CONSENT AGENDA)
XI. ASSISTANT CITY ATTORNEY REPORT
No report.
XII. ADJOURNMENT to the Next Meeting of December 3, 2021 at 6:30 P.M.
Chair Fischer adjourned the meeting at 6:48pm to the January 6, 2021 Regular Planning Commission
meeting at 6:00pm.
Marco Romagnoli, Planning Technician
4.1
Packet Pg. 8 Communication: 12/2/2021 Planning Commission Regular Meeting Draft Minutes - Correction (CONSENT AGENDA)
Planning Commission
Special Meeting
of
JANUARY 20, 2022
I. PLEDGE OF ALLEGIANCE
Chair Fischer called the meeting to order at 6:00pm.
Chair Fischer led the pledge of allegiance.
II. REPORT ON POSTING THE AGENDA AND ROLL CALL
Planning Technician Romagnoli posted tonight's agenda on Friday, January 14, 2022 at
3:12pm.
Attendee Name Title Status Arrived
Stefanie Elle Planning Commissioner Present
Manny Bhandal Planning Commissioner Present
John Doyle Planning Commissioner Present
Joan Lewis Planning Commissioner Present
Andrew Ridley Planning Commissioner Present
Tom Fischer Chair Present
Adilene Jezabel Moreno Planning Commissioner Present
III. PUBLIC COMMENTS
There were no public comments for items not on the agenda.
IV. CONSENT AGENDA
1. 12/2/2021 Planning Commission Meeting Minutes
Motion was made by Commissioner Doyle, seconded by Commissioner Jezabel Moreno to
approve the December 2, 2022 Planning Commission meeting minutes.
Vote: Motion carried 7-0-0-0
Yes: Lewis, Jezabel Moreno, Ridley, Bhandal, Elle, Doyle, Fischer
No: None
Abstain: None
Absent: None
V. CONTINUED PUBLIC HEARINGS
VI. PUBLIC HEARINGS
A. Staff has analyzed the proposed project, and recommends that the Planning
Commission:
Adopt a Resolution recommending City Council approval of a Tentative Map to
subdivide the property located at 395 Lewis Street (APN: 841-03-062) into four
parcels (File Number TM 20-01); and
4.2
Packet Pg. 9 Communication: 1/20/2022 Planning Commission Special Meeting Draft Minutes (CONSENT AGENDA)
Adopt a Resolution recommending City Council approval of an Architectural and Site
Review Permit to allow construction of four (4) two-story single-family homes on
property located at 395 Lewis Street (APN: 841-03-062) following approval of
Tentative Map file number TM 20-01 to subdivide the property into four (4) single
family parcels (File Number AS 20-02).
Chair Fischer opened public comments: none.
Chair Fischer closed public comments.
Disclosure of ex-parte communications: none.
Possible action:
1) Motion was made by Commissioner Bhandal, seconded by Lewis to adopt a
resolution recommending City Council approval of a Tentative Map to subdivide the
property located at 395 Lewis Street (APN: 841-03-062) into four parcels (File Number
TM 20-01).
Vote: Motion carried 7-0-0-0
Yes: Lewis, Jezabel Moreno, Ridley, Bhandal, Elle, Doyle, Fischer
No: None
Abstain: None
Absent: None
2) Motion was made by Commissioner Bhandal, seconded by Commissioner Jezabel
Moreno to adopt a resolution recommending City Council approval of an Architectural
and Site Review permit to allow construction of four (4) two -story single-family homes
on the property located at 395 Lewis Street (APN: 841-03-062) following approval of
Tentative Map file number TM 20-01 to subdivide the property into four (4) single family
parcels (File Number AS 20-02).
Vote: Motion carried 7-0-0-0
Yes: Lewis, Jezabel Moreno, Ridley, Bhandal, Elle, Doyle, Fischer
No: None
Abstain: None
Absent: None
VII. NEW BUSINESS
A. 2022 Planning Commission Task Force/Committee Assignments
Senior Planner Tambornini presented the item.
Chair Fischer opened the item to public comments. None.
Chair Fischer closed public comments.
4.2
Packet Pg. 10 Communication: 1/20/2022 Planning Commission Special Meeting Draft Minutes (CONSENT AGENDA)
Motion made by Commissioner Lewis, seconded by Commissioner Bhandal t o continue
this item to the February 3, 2022 Regular Planning Commission Meeting.
Vote: Motion carried 7-0-0-0
Yes: Lewis, Jezabel Moreno, Ridley, Bhandal, Elle, Doyle, Fischer
No: None
Abstain: None
Absent: None
VIII. INFORMATIONAL ITEMS
A. Informational presentation. No further action is required.
Chair Fischer opened the item to public comments. None.
Chair Fischer closed public comments.
B. Current Project Log
IX. PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION
X. REPORTS BY COMMISSION MEMBERS
XI. PLANNING DIVISION REPORT
XII. ASSISTANT CITY ATTORNEY REPORT
XIII. ADJOURNMENT to the Next Meeting of February 3, 2022 at 6:00 P.M.
Chair Fischer adjourned the meeting at 6:57pm.
Marco Romagnoli, Planning Technician
4.2
Packet Pg. 11 Communication: 1/20/2022 Planning Commission Special Meeting Draft Minutes (CONSENT AGENDA)
Karen L. Garner
DIRECTOR
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: February 3, 2022
TO: Planning Commission
FROM: Miguel Contreras, Planner I
SUBJECT: Milo's Market Conditional Use Permit for Off-Site Alcohol Sales
(CUP 21-03, 21070011)
RECOMMENDATION:
Staff has analyzed the proposed project, and recommends that the Planning
Commission adopt a Resolution approving Conditional Use Permit (CUP 21-03), based
upon findings and subject to certain conditions.
PROJECT DESCRIPTION:
Ismael Torres, of Milo’s Meats, is requesting Conditional Use Permit (CUP 21-03)
approval to allow for the sell of alcohol, for offsite consumption, within an existing 1,400
square foot butcher shop in the Downtown Expansion District. The shop is located
within a commercial center, owned by De La Torre Properties, LLC, at 6945 Monterey
Rd. (APN 799-34-038).
Milo’s Meats is an established butcher shop which sells meats, produce and soft drinks.
The applicant has indicated that he plans on selling locally sourced and name brand
beer and wine. The quantities of alcohol stored and displayed would be subordinate to
the established butcher shop. No spirits or single serve containers of alcohol will be
sold.
BACKGROUND:
Subject Property and Surrounding Land Uses:
LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Project Site Commercial Shopping Center Downtown
Specific Plan
Downtown
Expansion District
North Vacant Lot Downtown
Specific Plan
Downtown
Expansion District
South Car Dealer Downtown Downtown
5.A
Packet Pg. 12
2
LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Specific Plan Expansion District
East Furniture Store Downtown
Specific Plan
Downtown
Expansion District
West Car Dealer Downtown
Specific Plan
Downton
Expansion District
Environmental Assessment: Section 15301 of the California Environmental Quality
Act (CEQA) Guidelines, exempts from further environmental review, those projects
involving “Existing Facilities” involving negligible or no expansion of existing use. Filing
of a NOE is not mandated, however, it reduces the statute of limitations for legal
challenges under CEQA, from 180 days to 35 days. No further assessment is necessary
for this proposal, and a Notice of Exemption may be filed for the project.
ANALYSIS:
The zoning code requires Planning Commission approval of a Conditional Use Permit
for alcohol sales (offsite consumption) within the Downtown Expansion District. The
project has been evaluated for consistency with all applic able policies and standards
below.
General Plan Consistency: The City's General Plan designates the subject site as
part of the Downtown Specific Plan, within the Downtown Expansion District commercial
land use designation, which is intended for and supports the commercial use of the
property. Commercial retail markets may include ancillary alcoholic beverage sales in
the downtown with approval of a CUP. As such, the continued commercial market use
would remain in substantial conformance with all pertinen t goals and policies of the
General Plan. The following specific policy has been identified as relevant to the
proposed CUP for adding ancillary alcoholic beverage sales:
POLICY # TITLE AND SUMMARY ANALYSIS
EP 5.3 Retail Niches: Encourage
businesses to fill important
retail niches, such as higher
end grocery stores and
restaurants, to improve the
shipping mix.
The proposal would augment the existing
business by offering local beers and
wines. The ancillary sells of beers and
wine would support the established
butcher shop.
Downtown Specific Plan Conformance: The proposed use upholds the Downtown
Specific Plan vision by supporting an existing specialty service (butcher) and can be
supported with Planning Commission approval of a Conditional Use Permit.
Zoning Code Conformance: The proposed use would be in the Downtown Expansion
District (DED). In accordance with the Gilroy City Code (GCC) 30.19.10, the proposed
use may be permitted with an approved CUP. No exterior or interior modifications would
be done to the building. This proposal, if approved, would not expand the use in any
way that would require on-stie improvements, additional parking or an increase in traffic.
FINDINGS: Staff has evaluated the criteria and findings and based on the discussion
herein, supports a recommendation of approval, with conditions included in the draft
resolution attached to this staff report (Attachment #3).
5.A
Packet Pg. 13
3
TECHNICAL ADVISORY COMMITTEE (TAC): Project plans were routed to
Engineering, Building, Police, and Fire representatives for internal review and comment.
The TAC considered the project on November 23, 2021. Recommendations of the TAC
members have been incorporated into the project plans and/or are included as
recommended conditions in attached resolution(s).
PUBLIC NOTICING: Property owner information (i.e. list, labels, and map) within 500
feet of the subject site were generated by Chicago Title Company using current
ownership data. On January 14, 2022, notices of this Planning Commission meeting
were mailed to the property owners along within other interested parties. In addition, the
property has been posted with on-site signage notifying passers by of pending
development, and the Planning Commission public hearing packets are available
through the City's webpage. Additionally, the public hearing was noticed in the January
21, 2022, edition of the Gilroy Dispatch.
APPEAL PROCEDURE: In accordance with Section 30.51.50 of the Gilroy City Code,
the Planning Commission's decision may be appealed, in writing, to the City Council
within 20 days of adoption of the resolution. Appeal forms may be obtained from the
City Clerk and must be submitted with the appropriate fee before the end of the appeal
period.
Attachments:
1. Location Map
2. Floor Plan
3. PC Resolution CUP 21-03
5.A
Packet Pg. 14
City of Gilroy
CUP 21-03, Milo's Meat Shop
Location Map
Date:1/12/22Drawn By:4,000 Lynx GIS Checked By:Miguel Contreras1:Sheet:1:1Scale:
5.A.a
Packet Pg. 15 Attachment: Location Map (3622 : Milo's Meats CUP for Alcohol Sales)
5.A.b
Packet Pg. 16 Attachment: Floor Plan (3622 : Milo's Meats CUP for Alcohol Sales)
AS 18-27
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING CONDITIONAL USE PERMIT APPLICATION CUP 21-
03, TO PERMIT ALCOHOL SALES (FOR OFFSITE CONSUMPTIONS)
WITHIN THE DOWNTOWN EXPANSION DISTRICT (DED) LOCATED AT
6945 MONTEREY RD., APN 799-34-038, FILLED BY ISMAEL TORRES.
WHEREAS, on November 23, 2021, Ismael Torres submitted an application
requesting approval of Conditional Use Permit application CUP 21-03 to allow the sale of
alcohol for offsite consumption, within an existing 1,400 square foot butcher shop located
within the Downtown Expansion District (DED) at 6945 Monterey Rd. APN 79-34-043,
owned by Dela Torre Properties, LLC; and
WHEREAS, on December 13, 2021, the application was accepted as complete for
processing; and
WHERAS, the subject property is zoned as Downtown Expansion District; and
WHERAS, alcohol sales for offsite consumption may be permitted with a
Conditional Use Permit within the Downtown Expansion District; and
WHEREAS, the project has been determined to be exempt from environmental
review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section
15301 which applies to projects involving “Existing Facilities” involving negligible or no
expansion of existing use; and
WHEREAS, the project plans have been referred to various city departments,
including the Technical Advisory Committee, for recommendations and plan revisions or
conditions have been incorporated into the project to ensure compliance with City
standards; and
WHEREAS, on February 3, 2022, at a duly noticed public hearing the planning
commission of the city of Gilroy considered the project environmental determination in
accordance with the Gilroy Zoning Ordinance and applicable Downtown Specific Plan
policies; and
WHEREAS, the location and custodian of the documents and other material which
constitute the record of proceedings upon which this Project approval is based is the official
of the Community Development Department; and
WHEREAS, the planning commission of the city of Gilroy has considered the project
staff report dated January 17, 2022 along with testimony received at the duly-noticed public
hearing and other materials; and
WHEREAS, the Planning Commission finds after due study, deliberation and public
hearing, the following:
5.A.c
Packet Pg. 17 Attachment: PC Resolution CUP 21-03 [Revision 2] (3622 : Milo's Meats CUP for Alcohol Sales)
Resolution No. 2022-xx
Page 2
A. The proposed use is properly located in relation to the general plan and to the
community as a whole and to other uses and to transportation and service facilities in
the vicinity given that the use would be located in an established commercial building
and the use would not result in an expansion that would require additional services.
B. The proposed use, if it complies with all conditions upon which approval is made
contingent, will not adversely affect other property in the vicinity, or cause any
damage, hazard, or nuisance to persons or property given that the applicant would
be required to obtain an ABC Type 20 License from the State.
WHEREAS, the Planning Commission finds that the applicant agrees with the
necessity of and accepts all elements, requirements, and conditions of this resolution as
being a reasonable manner of preserving, protecting, providing for, and fostering the health,
safety, and welfare of the citizenry in general.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby approves Conditional Use Permit application CUP 21-03 subject to the
following conditions:
GENERAL PROJECT CONDTIONS
1. This approval allows off-sale alcoholic beverage sales ancillary to the primary
Milo’s meat market use of the site, subject to grant of a Type-20 license from the
California Department of Alcohol and Beverage Control (ABC).
2. Any change to this approval shall require subsequent review and approval by the
Community Development Director to ensure compliance with this CUP and City
Code.
PASSED AND ADOPTED this 3rd day of February 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
_____________________________ ______________________________
Kraig Tambornini, Senior Planner Tom Fischer, Chairperson
5.A.c
Packet Pg. 18 Attachment: PC Resolution CUP 21-03 [Revision 2] (3622 : Milo's Meats CUP for Alcohol Sales)
Karen L. Garner
DIRECTOR
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: February 3, 2022
TO: Planning Commission
FROM: Miguel Contreras, Planner I
SUBJECT: Forest Street Cold Storage Architectural and Site Review (AS 21-
16, 21080028)
RECOMMENDATION:
Staff has analyzed the proposed project, and recommends that the Planning
Commission:
a) Adopt a resolution approving the Architectural and Site Review Permit AS 21-
16 (#21080028), as requested, subject to certain findings and conditions. (Roll
Call Vote)
PROJECT DESCRIPTION:
Architectural and Site Review Permit AS 21-16 (#21080028) requests approval to
construct a 23,422 gross square foot single-story, 33-foot tall, metal building for cold
storage (warehouse) use located on a 1.84 acre rectangular site located between
Forest Street and Muraoka Drive (APNs #: 835-31-029/030).The project details are as
follows:
• Building Components. The project proposes an 23,422 square foot one-story
rectangular metal industrial building to be used for cold storage and office space.
The office space would be 1,981 square feet and the remaining 21,441 would be
used for cold storage, ambient warehouse, mechanical room, and docking areas.
Nine (9) roll-up doors, on the southern portion of the building, would be used for
loading and un-loading products and materials. The main entrance would be
fronting Muraoka Dr. No outdoor storage areas or uses are proposed – nor
approved – as part of this request.
• Colors and Materials. The building design proposes metal siding with plaster
finishes painted “Wishful White”. A vertical exterior metal panel, painted
“Tarnished Silver”, would be used as an architectural feature to break the plain of
the wall and create interest. Complementary “Mayan Chocolate-painted” metal
awnings, extending three feet 3’ from the building façade, would be situated over
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bronze-painted anodized aluminum storefront entryways and windows. The
vertical parapet rooftop would be ribbed metal panels painted “Black Tie.”
• Parking. A total of 17 parking spaces are provided. This meets the required
parking for 1,981 square feet of office use and 21,441 square feet of warehouse
use. Based on 1 space per 300 square feet of office use and 1 space per 5000
square feet of warehouse use.
• Site Improvements. A trash enclosure and perimeter landscaping are provided in
compliance with City standards. The site is relatively flat and minimal grading will
be needed to accommodate the building foundation and parking improvements
BACKGROUND:
The property is a 0.98-acre level vacant lot that was previously part of a four-lot
subdivision in 2018.
Subject Property and Surrounding Land Uses: The subject site, situated between
Forest Street and Mauroka Drive, is presently vacant. The site and surrounding land
uses are as follows:
LOCATION EXISTING LAND USE GENERAL PLAN ZONING
Project Site Vacant Industrial Industrial Park M1-MA
North
Industrial Building used as a
Gym.
Outdoor vehicle storage
Industrial Park M1-MA
South Vacant Industrial Industrial Park M1-MA
East Vacant Industrial Industrial Park M1-MA
West Vacant Industrial Industrial Park M1-MA
Environmental Assessment: Section 15332 of the California Environmental Quality
Act (CEQA) Guidelines, exempts from further environmental review, those projects
involving urban infill development on sites less than five acres in size that are consistent
with the General Plan and Zoning, with adequa te utility infrastructure and services
provided and that have no other environmentally sensitive characteristics. The infill
industrial building would not generate any unanticipated environmental impacts beyond
those anticipated for buildout within the Gilroy 2040 General Plan and General Plan EIR
including but not limited with respect to noise, air quality, greenhouse gas emissions
and traffic.
ANALYSIS:
The zoning code requires the Planning Commission to conduct a public hearing for new
buildings within the Murray-Las Animas Avenue overlay combining district. The project
has been evaluated for consistency with all applicable policies and standards below.
General Plan Consistency: The City's General Plan designates the subject site
Industrial Park for limited industrial land uses, in buildings with a maximum height of 35
feet and 2 stories, which supports the proposed cold storage industrial building project
request. As such, the proposal conforms to the goals and policies of the General Plan.
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Key goals and policies, which pertain to the proposed project are discussed below:
POLICY# TITLE AND SUMMARY ANALYSIS
LU 1.1 Pattern of Development. Ensure an
orderly, contiguous pattern of
development… .
Complies. The industrial infill
project will continue landscape and
frontage improvements consistent
with the character of the area.
LU 5 Encourage, facilitate and support the
development of new employment and
industrial uses and retention of existing
industry to ensure compatibility with
existing surrounding uses …
Complies. The cold storage
industrial building will provide
opportunities for employment and
may support existing local
businesses.
LU 5.1 Ensure that new industrial developments
contribute to the overall attractiveness of
the community through appropriate site
design, architectural design, and
landscaping.
Complies. The project has been
subject to review for compliance
with the City design standards.
LU 5.2 Encourage the development of well-
designed industrial park areas to attract
new light industrial development in Gilroy.
Complies. The cold storage
industrial building will add to the
industrial park character of the
areas.
Zoning Code Conformance: The proposed development is located within the M1
Limited Industrial, Murray-Las Animas overlay combining zone district. The Gilroy City
Code (GCC) permits speculative industrial uses in the M1 zone. However, new
development requires Architectural and Site Review permit approval to be granted by
the Planning Commission for properties within the Murray-Las Animas overlay district.
The project would comply with all applicable site and building standards as follows:
STANDARD REQUIRED PROPOSED CONFORMS?
Lot Coverage Max 60% 29% Yes
Front Yard 41’ from curb face (narrowest
frontage)
41’+ Yes
Street Side 31’ from curb face 31’+ Yes
Side Interior None 5’ Landscaped Yes
Rear None 5’ Landscaped Yes
Height 35’ , 2 stories 34’, 1 story Yes
Additional zoning standards that apply to the project, including yards, accessory
structures, parking and landscaping are addressed in the staff analysis below (Section
9).
Other Considerations: The project is subject to review for compliance with the
Industrial Design Guidelines and Murray-Las Animas Avenue Design Policy. These
design criteria are addressed further in the staff analysis.
Staff Analysis for Architecture & Site Approval (AS 21-16): The zoning code
requires the Planning Commission to conduct a public hearing for new buildings within
the Murray-Las Animas Avenue overlay district combining district, subject to review for
compliance with the requirements of the overlay district policies and GCC Section
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30.50.43 (Scope of Review), as follows:
A. Traffic and Efficiency: The site layout provides adequate circulation for
vehicles, parking, and traffic. The driveway and drive aisle comply with the
minimum standard (25 feet aisle), with adequate maneuvering and access for
commercial vehicles to trash and loading areas. Proposed parking spaces (9’
wide by 18’ long) comply with the City’s required parking stall dimensions.
B. Signs: The building has adequate area to accommodate signage on the
buildings. A separate sign permit will be required prior to installation of any
future signs.
C. Site Development (Architectural and Site Design): The building meets all
applicable site and building development standards as noted above. In
addition the project complies with the applicable design criteria as follows:
1. Industrial Policy:
i. Design Intent and Scale. High quality industrial land uses in scale with the
site and area are encouraged. The building is in scale and character
with other buildings within the same industrial development, and
proposes an efficient use of the site.
ii. Streetscape. The development, as proposed and conditioned, would
create an attractive streetscape with the building storefront facing
Muraoka Drive. The site has robust landscaping along both street
frontages and project boundary that meets City standards and
contributes to the attractiveness of the site and area. Landscaping
includes 35 feet on Muraoka Drive and 41 feet on Forest Street, with
minimum and 5 feet minimum on the boundaries, which meets or
exceeds City standards. No new fencing is proposed for the project.
iii. Circulation. The site has adequate driveway access from the street
frontages that comply with minimum aisle and parking standards, and
which would provide access to trash and loading areas. The site plan
would not create any safety conflicts with vehicles or pedestrians at
intersections.
iv. Lighting and Utilities. Light fixtures would be directed downward, and
shielded to avoid creating glare. The trash enclosure is also placed in a
well-screened location and is conditioned to be designed to match the
building. No outdoor uses are proposed or approved as a part of this
project.
2. Murray-Las Animas Policy:
i. Enhanced Landscaping. As noted above the landscaping along the site
frontage exceeds minimum depth of 21 feet, and maximum paving
allowance of 50% of the required setbacks. Approximately 1 6% of the
site would be landscaped.
ii. Attractive Architecture. As noted above, the building will be a of an
industrial design that proposes high quality finishes.. The materials and
style are appropriate for industrial use and comparable with other
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buildings in the area. The colors and finishes would be neutral natural
tones with three colors which complies with the applicable criteria. This
location is not adjacent to residential and would continue the existing
campus industrial character of the area.
D. Landscaping/Fencing/Trash Enclosure: The landscaping includes water
efficient irrigation and planting in compliance with Gilroy City Code Article
XXXVIII. As noted above the project includes robust landscaping with drought
tolerant plans layered to provide interest and variety. The palette includes a
total of eight (8) new trees planted along the frontage. Complementary shrubs
and groundcover would be planted that would also be used to screen
equipment along the side of the building. No new fencing is proposed and the
trash enclosure would be well designed and located to screen trash areas.
E. Drainage: The site would be designed to drain to stormwater systems in
compliance with City standards.
F. Fire Protection: The building would comply with fire access and service
requirements including provision of fire sprinkler systems as required by code.
G. Environmental Impacts: The infill site has no special or unique environmental
constraints. The project would be subject to payment of fees in compliance
with the Santa Clara Valley Habitat Plan. The industrial use would not create
any potential objectionable noise, odors, or traffic.
FINDINGS: The following findings are recommended for consideration of architectural
and site review permit approval:
1. “The project conforms to the Gilroy General Plan in terms of general location
and standards of development.”
The site is designated Industrial Park and Zoned M1 which is intended for
industrial land uses. The project would comply with all applicable policies as
noted in the General Plan consistency table and standards as noted in the
zoning compliance analysis in staffs report.
2. “The project provides the type of development that will fill a specific need of
the surrounding area.”
The industrial building is consistent with the M1 Limited Industrial zoning
and will provide opportunities for employment and business growth within
the City in compliance with City goals, policies and standards as noted in the
consistency tables of staff’s report, which includes review and determination
of consistency with all applicable Industrial Design and Murray Avenue
design policies.
3. “The project will not require urban services beyond those that are currently
available.”
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The property is within an existing improved industrial subdivision
development that has adequate services and utilities for development of the
site. Further, the project will pay development impact fees at time of building
permit to fund its fair share cost toward improvements required to
accommodate buildout under the City general plan.
4. “The project provides a harmonious, integrated plan that justifies exceptions,
if such are required, to the normal requirements of this ordinance.”
The project does not propose any exceptions.
5. “The project reflects an economical and efficient pattern of land uses.”
The project proposes industrial development as anticipated for the site and
in compliance with the applicable development standards, as discussed
above.
6. “The project includes greater provisions for landscaping and open space
than would generally be required.”
7. The project exceeds the minimum front landscaping depth requirement of 21
feet and maximum allowed paving of 50%. A total of 21 to 41 feet of
landscaping are proposed along the frontage.
8. “The project utilizes aesthetic design principles to create attractive buildings
and open space areas that blend with the character of surrounding areas.”
As noted above the building design includes a variety of materials and high
quality finishes that satisfies the applicable Industrial and Murray Avenue
design criteria and which is in character with the development in the area.
9. “The project will not create traffic congestion, noise, odor or other adverse
effects on surrounding areas.”
The industrial building is consistent with the use anticipated for the property
and would not create any undue traffic, noise, odor or other effects.
10. “The project provides adequate access, parking, landscaping, trash areas
and storage, as necessary.”
As noted above, the building provides suitable areas for trash collection,
access to loading areas, and 17 parking spaces. No outdoor storage or
uses are proposed or approved with this action.
As such, staff would recommend Planning Commission approval of the pr9ojcet, with
the recommended conditions included in Attachment 3 of this staff report.
Technical Advisory Committee (TAC): Project plans were routed to Engineering,
Building, Police, and Fire representatives for internal review and comment. The TAC
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considered the project on November 18, 2021. Recommendations of the TAC members
have been incorporated into the project plans and/or are included as recommended
conditions in attached resolution(s).
PUBLIC NOTICING: Property owner information (i.e. list, labels, and map) within the
Murray-Las Animas overlay district were generated by DataPro Mapping Solutions,
LLC., using current ownership data. On January 12, 2022 notices of this Planning
Commission meeting were mailed to the property owners along within other interested
parties. In addition, the property has been posted with on -site signage notifying passers
by of pending development, and the Planning Commission public hearing packets are
available through the City's webpage.
APPEAL PROCEDURE: In accordance with Section 30.51.50 of the Gilroy City Code,
the Planning Commission's decision may be appealed, in writing, to the City Council
within 20 days of adoption of the resolution. Appeal forms may be obtained from the
City Clerk and must be submitted with the appropriate fee before the end of the appeal
period.
Attachments:
1. Location Map
2. AS 21-16 Drawings
3. PC Resolution AS 21-16
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City of Gilroy
AS 21-16, Forest St. Cold Storage
Location Map
Date:1/3/22Drawn By:4,000 Lynx GIS Checked By:Miguel Contreras1:Sheet:1:1Scale:
5.B.a
Packet Pg. 26 Attachment: Location Map (3596 : Forest St. Cold Sotrage)
5.B.bPacket Pg. 27Attachment: AS 21-16 Drawings (3596 : Forest St. Cold Sotrage)
5.B.bPacket Pg. 28Attachment: AS 21-16 Drawings (3596 : Forest St. Cold Sotrage)
5.B.bPacket Pg. 29Attachment: AS 21-16 Drawings (3596 : Forest St. Cold Sotrage)
5.B.bPacket Pg. 30Attachment: AS 21-16 Drawings (3596 : Forest St. Cold Sotrage)
5.B.bPacket Pg. 31Attachment: AS 21-16 Drawings (3596 : Forest St. Cold Sotrage)
5.B.b
Packet Pg. 32 Attachment: AS 21-16 Drawings (3596 : Forest St. Cold Sotrage)
5.B.b
Packet Pg. 33 Attachment: AS 21-16 Drawings (3596 : Forest St. Cold Sotrage)
Offices, &EmployeeWelfare48' x 42': 2,053 sfCeiling Ht. 9'-0"Machine Rm.Dry Storage, Utilities, &Maintenance Areas84' x 42': 3,627 sfCeiling Ht. Open To StructureAbove5HIULJHUDWHGDock109' x 35': 2,429 sfCeiling Ht. 16'-0"L1 PLANTINGPLANThis drawing is the property of ColdStorage Mfg. Inc. and shall not bereproduced, copied, lent or disposed ofdirectly or indirectly nor used for anypurpose other than that for which it isspecifically furnished.This drawing is copyright protected by ColdStorage Manufacturing Inc.BYNO.DATEREVISIONPlanting PlanSanta Cruz, CA 95065(831) 359-0960LandscapeArchitect736 Park WayGregory Lewis#2176lewislandscape@sbcglobal.net 8815 Forest St. Gilroy, CAGL111/10/21MINOR SITE REV.COORD. TREESAND LIGHTS5.B.bPacket Pg. 34Attachment: AS 21-16 Drawings (3596 : Forest St. Cold Sotrage)
Offices, &EmployeeWelfare48' x 42': 2,053 sfCeiling Ht. 9'-0"Machine Rm.Dry Storage, Utilities, &Maintenance Areas84' x 42': 3,627 sfCeiling Ht. Open To StructureAbove5HIULJHUDWHGDock109' x 35': 2,429 sfCeiling Ht. 16'-0"This drawing is the property of ColdStorage Mfg. Inc. and shall not bereproduced, copied, lent or disposed ofdirectly or indirectly nor used for anypurpose other than that for which it isspecifically furnished.This drawing is copyright protected by ColdStorage Manufacturing Inc.BYNO.DATEREVISIONSanta Cruz, CA 95065(831) 359-0960LandscapeArchitect736 Park WayGregory Lewis#2176lewislandscape@sbcglobal.net HYDROZONEPLANL2Hydrozone Plan 8815 Forest St. Gilroy, CAGL111/10/21MINOR SITE REV.COORD. TREESAND LIGHTS5.B.bPacket Pg. 35Attachment: AS 21-16 Drawings (3596 : Forest St. Cold Sotrage)
Offices, &EmployeeWelfare48' x 42': 2,053 sfCeiling Ht. 9'-0"Machine Rm.Dry Storage, Utilities, &Maintenance Areas84' x 42': 3,627 sfCeiling Ht. Open To StructureAbove5HIULJHUDWHGDock109' x 35': 2,429 sfCeiling Ht. 16'-0"This drawing is the property of ColdStorage Mfg. Inc. and shall not bereproduced, copied, lent or disposed ofdirectly or indirectly nor used for anypurpose other than that for which it isspecifically furnished.This drawing is copyright protected by ColdStorage Manufacturing Inc.BYNO.DATEREVISIONSanta Cruz, CA 95065(831) 359-0960LandscapeArchitect736 Park WayGregory Lewis#2176lewislandscape@sbcglobal.net IRRIGATIONPLANL3Irrigation Plan 8815 Forest St. Gilroy, CAGL111/10/21MINOR SITE REV.COORD. TREESAND LIGHTS5.B.bPacket Pg. 36Attachment: AS 21-16 Drawings (3596 : Forest St. Cold Sotrage)
This drawing is the property of ColdStorage Mfg. Inc. and shall not bereproduced, copied, lent or disposed ofdirectly or indirectly nor used for anypurpose other than that for which it isspecifically furnished.This drawing is copyright protected by ColdStorage Manufacturing Inc.BYNO.DATEREVISIONSanta Cruz, CA 95065(831) 359-0960LandscapeArchitect736 Park WayGregory Lewis#2176lewislandscape@sbcglobal.net LANDSCAPEDETAILSL4No ScaleBelow GradeQuick Coupling ValveHOFFONOFFON 8815 Forest St. Gilroy, CAGL111/10/21MINOR SITE REV.COORD. TREESAND LIGHTS5.B.bPacket Pg. 37Attachment: AS 21-16 Drawings (3596 : Forest St. Cold Sotrage)
This drawing is the property of ColdStorage Mfg. Inc. and shall not bereproduced, copied, lent or disposed ofdirectly or indirectly nor used for anypurpose other than that for which it isspecifically furnished.This drawing is copyright protected by ColdStorage Manufacturing Inc.BYNO.DATEREVISIONSanta Cruz, CA 95065(831) 359-0960LandscapeArchitect736 Park WayGregory Lewis#2176lewislandscape@sbcglobal.netLANDSCAPESPECIFICATIONSL5 8815 Forest St. Gilroy, CAGL111/10/21MINOR SITE REV.COORD. TREESAND LIGHTS5.B.bPacket Pg. 38Attachment: AS 21-16 Drawings (3596 : Forest St. Cold Sotrage)
This drawing is the property of ColdStorage Mfg. Inc. and shall not bereproduced, copied, lent or disposed ofdirectly or indirectly nor used for anypurpose other than that for which it isspecifically furnished.This drawing is copyright protected by ColdStorage Manufacturing Inc.BYNO.DATEREVISIONSanta Cruz, CA 95065(831) 359-0960LandscapeArchitect736 Park WayGregory Lewis#2176lewislandscape@sbcglobal.net 8815 Forest St. Gilroy, CAGL111/10/21MINOR SITE REV.COORD. TREESAND LIGHTSL6 PLANTIMAGES5.B.bPacket Pg. 39Attachment: AS 21-16 Drawings (3596 : Forest St. Cold Sotrage)
AS 18-27
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING ARCHITECTURAL AND SITE REVIEW AS 21-16 FOR
CONSTRUCTION OF A 23,422 COLD STORAGE INDUSTRIAL BUILDING
WITHIN THE MURRAY-LAS ANIMAS OVERLAY DISTRICT LOCATED AT
8805 FOREST STREET (APN: 835-31-029/030), FILLED BY THOMAS
KEANE, 2001 CROW CANYON RD. STE. 120, SAN RAMON, CA 94583
WHEREAS, on August 30, 2021, Thomas Keane submitted an application
requesting architectural and site review of a one-story cold storage/warehouse industrial
building on a 1.84 acres vacant in-fill site located within the M1 Limited Industrial,
Murray-Las Animas Avenue Overlay Combining zoning district (APN: 835-31-029/030);
and
WHEREAS, on December 13, 2021, the application was accepted as complete for
processing; and
WHEREAS, the project has been determined to be exempt from environmental
review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section
15332 (Class 32) which applies to urban in-fill development on sites less than five acres,
served by existing facilities and utilities, consistent with the general plan and zoning, and
that have no other environmental concerns; and
WHEREAS, the project plans have been referred to various city departments,
including the Technical Advisory Committee, for recommendations and plan revisions or
conditions have been incorporated into the project to ensure compliance with City
standards; and
WHEREAS, on February 3, 2022, at a duly noticed public hearing the planning
commission of the city of Gilroy considered the project environmental determination in
accordance with the Gilroy Zoning Ordinance and applicable Industrial and Murray Avenue
design policies; and
WHEREAS, the planning commission of the city of Gilroy has considered the project
staff report dated January 17, 2022 along with testimony received at the duly-noticed public
hearing and other materials; and
WHEREAS, the Planning Commission finds that the application conforms to the City's
General Plan Industrial Park land use designation which anticipated industrial development
of the site, and all applicable elements and policies thereof, and all applicable requirements
of the Gilroy City Code including the M1 zoning site and building standards and the
requirements of Gilroy City Code Section 30.50.43 (Scope of Review) for architectural and
site review permit approval, as follows:
i) The project conforms to the Gilroy General Plan in terms of general
location and standards of development given that the site is designated
5.B.c
Packet Pg. 40 Attachment: PC Resolution AS 21-16 (3596 : Forest St. Cold Sotrage)
Resolution No. 2022-xx
Page 2
Industrial Park and Zoned M1 which is intended for industrial land uses.
The project would comply with all applicable policies as noted in the
General Plan consistency table and standards as noted in the zoning
compliance analysis in staffs report.
ii) The project provides the type of development that will fill a specific need of
the surrounding area given that the cold storage industrial building is
consistent with the M1 Limited Industrial zoning and will provide
opportunities for employment and business growth within the City in
compliance with City goals, policies and standards as noted in the
consistency tables of staff’s report, which includes review and
determination of consistency with all applicable Industrial Design and
Murray Avenue design policies.
iii) The project will not require urban services beyond those that are currently
available given that the property is within an existing improved industrial
subdivision development that has adequate services and utilities for
development of the site. Further, the project will pay development impact
fees at time of building permit to fund its fair share cost toward
improvements required to accommodate buildout under the City general
plan.
iv) The project provides a harmonious, integrated plan that justif ies
exceptions, if such are required, to the normal requirements of this
ordinance given that the project does not propose any exceptions.
v) The project reflects an economical and efficient pattern of land uses given
that the project proposes industrial development as anticipated for the site
and in compliance with the applicable development standards, as
discussed above.
vi) The project includes greater provisions for landscaping and open space
than would generally be required given that the project exceeds the
minimum front landscaping depth requirement of 21 feet and maximum
allowed paving of 50 percent. A total of 34 to 41 feet of landscaping are
proposed along the frontage.
vii) The project utilizes aesthetic design principles to create attractive buildings
and open space areas that blend with the character of surrounding areas
given that the building design includes a variety of materials and high
quality factory applied finishes that satisfies the applicable Industrial and
Murray Avenue design criteria and which is in character with development
in the area.
viii) The project will not create traffic congestion, noise, odor or other adverse
effects on surrounding areas given that the speculative industrial building
is consistent with the use anticipated for the property and would not create
5.B.c
Packet Pg. 41 Attachment: PC Resolution AS 21-16 (3596 : Forest St. Cold Sotrage)
Resolution No. 2022-xx
Page 3
any undue traffic, noise, odor or other effects.
ix) The project provides adequate access, parking, landscaping, trash areas
and storage, as necessary given that the building provides suitable areas
for trash collection, access to loading areas, and 17 parking spaces. No
outdoor storage or uses are proposed or approved with this action.
WHEREAS, the Planning Commission finds that the applicant agrees with the
necessity of and accepts all elements, requirements, and conditions of this resolution as
being a reasonable manner of preserving, protecting, providing for, and fostering the health,
safety, and welfare of the citizenry in general.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby approves architectural and site review application AS 21-16 subject to the
following conditions:
CONDITIONS OF APPROVAL AS 21-16
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for Architectural and Site Review
application AS 21-16 is granted to construct a 23,422 gross square foot single-
story, 33-foot tall, metal building for cold storage (warehouse) use located on a
1.84 acre rectangular site located between Forest Street and Muraoka Drive
(APNs #: 835-31-029/030), as shown on Project Plans dated as received by the
Planning Division on November 15, 2021, prepared by Robert A. Karn &
Associates, Inc. for Keane Capital dated November 15, 2021, and consisting of 13
sheets.
Build-out of the project shall conform to the plans, except as otherwise specified in
these conditions. Any future adjustment or modification to the plans, including any
changes made at time of building permit submittal, shall be considered by the
Community Development Director or designee, may require separate
discretionary approval, and shall conform to all City, State, and Federal
requirements, including subsequent City Code requirements or policies adopted
by City Council.
2. PERMIT EXPIRATION: The expiration date of this approval is one year from the
decision date, February 3, 2022. If any development for which architectural and
site approval has been granted has not obtained building permits within one (1)
year from the date of notification of approval, the approval shall be deemed
5.B.c
Packet Pg. 42 Attachment: PC Resolution AS 21-16 (3596 : Forest St. Cold Sotrage)
Resolution No. 2022-xx
Page 4
automatically revoked. Upon application, an extension of time may be granted by
the Community Development Director or designee. Should Developer intend to
request an extension to the permit expiration date, Developer must submit to the
Planning Division a written application with applicable fees prior to the expiration
date. Only timely requests may be considered pursuant to the City Code.
3. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply
with any of the conditions of this permit, the Developer, owner or tenant shall be
subject to permit revocation or enforcement actions pursuant to the City Code. All
costs associated with any such actions shall be the responsibility of Developer,
owner or tenant.
4. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at
Developer’s own expense, to defend, indemnify, and hold harmless the City of
Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees
and agents from any and all claim(s), action(s) or proceeding(s) brought against
the City or its officers, contractors, consultants, attorneys, employees, or agents to
challenge, attack, set aside, void or annul the approval of this resolution or any
condition attached thereto or any proceedings, acts or determinations taken,
including actions taken under the California Environmental Quality Act of 1970, as
amended, done or made prior to the approval of such resolution that were part of
the approval process.
5. SIGNS: No signs are approved as part of this application. Prior to issuance of a
sign permit for this site, Developer shall propose well-designed, quality signs that
comply with the allowances of the City Code and are to the satisfaction of the
Community Development Director or designee.
6. SIGNAGE: All signage advertising the development project or components
thereof, including individual tenants or subdivisions, shall be installed or
maintained onsite or offsite as allowed and in conformance with an approved sign
permit.
7. WATER LIMITATIONS: Developer shall be advised that the approval is subject to
the drought emergencies provisions pursuant to the Gilroy City Code Chapter
27.98.
8. OUTDOOR ACTIVITIES: This permit approval does not allow for any outdoor
storage or outdoor activities as part of the development and/or operation. Any
future consideration of outdoor uses onsite shall only be considered as allowed by
the City Code, including any subsequent permitting for such outdoor use.
9. SINGLE-PHASE DEVELOPMENT: Construction of the project shall be done in a
single-phase unless a phased construction project schedule is approved by the
Community Development Director or designee.
5.B.c
Packet Pg. 43 Attachment: PC Resolution AS 21-16 (3596 : Forest St. Cold Sotrage)
Resolution No. 2022-xx
Page 5
The following conditions shall be addressed prior to issuance of any BUILDING
PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or
as otherwise specified in the condition.
10. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that
includes a reproduction of all conditions of approval of this pe rmit, as adopted by
the decision-maker.
11. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall
certify in writing that the architectural design shown in the building permit plans
match the plans approved by the Community Development Director or
designee/Planning Commission/City Council. Any changes must be clearly noted.
The project architect shall also certify that the structural plans are consistent with
the architectural plans. In the event of a discrepancy between the structural plans
and the architectural plans, the architectural plans shall take precedence, and
revised structural drawings shall be submitted to the Building Division.
12. COLORS AND MATERIALS: Plans submitted for building permit applications
shall include all exterior building materials and colors, including product and finish
manufacturer name, color name and number, and surface finish type (e.g. stucco
with sand finish, plaster with smooth finish) to be used in construction.
13. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior
to initiating any new construction or modifications authorized under this approval,
including but not limited to temporary construction trailers, temporary staging
areas, model home sales offices, advertising signs of any kind, exterior and
interior modifications. Developer shall pay all requisite fees in effect at the time of
plan submittal and/or issuance, as applicable.
14. LIGHTING PLAN: Developer shall submit a lighting plan with the application for
building permit. This plan should include photometric contours, manufacturer’s
specifications on the fixtures, and mounting heights. Parking lot and exterior light
fixtures shall be full cutoff type so that lighting is directed downward only,
minimizing glare and light pollution, and shall not cast light on any adjacent
property or roadway. Developer shall recess or conceal any under-canopy lighting
elements so they are not directly visible from any public area. The lighting plan
must be approved by the Community Development Director or designee.
15. LANDSCAPE AND LIGHTING PLAN: Prior to issuance of grading permits,
Developer shall submit a combined landscape and lighting plan to verify all project
onsite lighting shall be of a type and in a location that does not constitute a hazard
to vehicular traffic, either on private property or on public property, including
streets. Such lighting shall not conflict with drainage plans, landscape plans, tree
locations, parking spaces, or any other such land use concerns.
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16. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit,
Developer shall submit a Habitat Permit application to the City of Gilroy. The
application shall consist of the Santa Clara Valley Habitat Plan Application For
Private Projects and Fees and Conditions Worksheet available on the Santa Clara
Valley Habitat Agency website: https://www.scv-habitatagency.org/). The grading
permit will be issued only after approval of the Habitat Plan permit and payment of
assessed fees.
17. FENCES AND WALLS: All fencing and walls are to be shown on construction
drawings submitted for building permit review and shall not exceed seven (7) feet
in height, measured from adjacent grade to the top of the fence or wall. The
design and location must comply with all setback requirements.
18. LOADING ZONES: Prior to issuance of building permit, Developer shall stripe all
loading zones, whether situated outside or inside a structure, for loading and
unloading activities only and shall post a sign prohibiting storage or other non -
loading activity within the designated loading zone.
19. SCREENING OF APPERTUNANCES: Developer shall show on construction
drawings details of screening for all exterior equipment, including but not limited to
mechanical equipment, post indicator valves, backflow prevention devices, utility
meters, mailboxes and address directories, etc. Ground mounted utility
appurtenances such as transformers shall not be visible from any public right-of-
way and shall be adequately screened through the use or combination of conc rete
or masonry walls, berms, and landscaping.
In addition to the above, backflow preventers shall be painted dark green, except
the fire connection which shall be painted yellow. The final placement and design
of these items shall be to the satisfaction of the Community Development Director
or designee.
20. ROOFTOP EQUIPMENT: Developer shall ensure rooftop mechanical equipment,
including but not limited to heating and cooling systems, plumbing vents, ducts,
antennas and other appurtenances protruding from the roof are recessed or
otherwise screened. Details of the roof equipment and roof screens shall be
included in the building permit drawings and approved by the Community
Development Director or designee.
21. RAIN GUTTERS AND DOWNSPOUTS: Developer shall install all roof and
building rain gutters and downspouts, vents, and flashing to integrate as closely
as possible with building design elements, including matching the color of the
adjacent surface.
22. LANDSCAPING: Prior to building permit issuance, proposed landscaping shall be
shown on the site plan and submitted with the construction drawings for review
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and approval by the Community Development Director or designee.
23. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall
clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil
surfaces, as required by the State Model Water Efficient Landscape Ordinance
(MWELO).
24. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant
species, such as those listed by the California Invasive Plant Council.
25. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building
permits or initiation of the proposed use, whichever comes first, Developer shall
submit a completed Landscape Documentation Package, including a soil
analysis/management report along with appropriate application review fees, to the
Community Development Department, including required documentation for
compliance verification, and obtain approval of such plans.
26. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall
(as part of the irrigation system) indicate on construction drawings sensors that
suspend or alter irrigation operation during unfavorable weather conditions (e.g.
automatic rain shut-off devices).
27. PRECONSTRUCTION NESTING BIRD SURVEY: To the extent practicable,
vegetation removal and construction activities shall be performed from September
1 through January 31 to avoid the general nesting period for birds. If construction
or vegetation removal cannot be performed during this period, preconstruction
surveys will be performed no more than two days prior to construction activities to
locate any active nests as follows:
“The Developer shall be responsible for the retention of a qualified biologist to
conduct a survey of the project site and surrounding 500’ for active nests –
with particular emphasis on nests of migratory birds – if construction
(including site preparation) will begin during the bird nesting season, from
February 1 through August 31. If active nests are observed on either the
project site or the surrounding area, the project applicant, in coordination with
the appropriate City staff, shall establish no-disturbance buffer zones around
the nests, with the size to be determined in consultation with the California
Department of Fish and Wildlife (usually 100’ for perching birds and 300’ for
raptors). The no-disturbance buffer will remain in place until the biologist
determines the nest is no longer active or the nesting season ends. If
construction ceases for two days or more and then resumes during the
nesting season, an additional survey will be necessary to avoid impacts on
active bird nests that may be present.”
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL
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INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever
occurs first, or as otherwise specified in the condition.
28. ON- AND OFF-SITE IMPROVEMENTS: Prior to occupancy, Developer shall
complete all required offsite and onsite improvements related to the project,
including structures, paving, and landscaping, unless otherwise allowed by the
Community Development Director, or stated in these conditions.
29. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate
of occupancy or building permit final sign-off, Developer shall complete installation
of all landscaping and irrigation in accordance with the approved plans.
30. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation
of the proposed use, or completion of each build-out phase of development,
Developer shall submit a signed Certificate of Com pletion, along with all
necessary supporting documentation and payment to the Community
Development Department, for compliance verification of the landscape installation.
Developer is required under the Model Water Efficient Landscape Ordinance
(MWELO) to provide a copy of the approved Certificate of Completion to t he
property owner or his or her designee.
31. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required
for the foundation, framing, application of exterior materials, and final completion
of each structure to ensure that the construction matches the approved plans.
32. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall
remove all construction materials, debris, and vehicles from the subject property.
The following conditions shall be complied with AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the
condition.
33. 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;
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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 an d
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 measu res be implemented to
correct the problem.”
34. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction-
related impacts to air quality, Developer shall require all construction contractors
to implement the basic construction mitigation measures recommended by the
Bay Area Air Quality Management District (BAAQMD) and shall include the
following language on any grading, site work, and construction plans issued for
the project site
“During earth-moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered 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
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respond and take corrective action within 48 hours. The Air District’s phone
number shall also be visible to ensure compliance with applicable
regulations.”
35. 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.
36. 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.
37. 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
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find and report to the City. If the find is determined to be significant,
appropriate mitigation measures shall be formulated by the profession al
archaeologist and implemented by the responsible party.”
38. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or
recognition of any human remains, Developer shall include the following language
in all grading, site work, and construction plans:
“If human remains are found during earth-moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or
any nearby area reasonably suspected to overlie adjacent human remains
until the coroner of Santa Clara County is contacted to determine that no
investigation of the cause of death is required. If the coroner determines
the remains to be Native American the coroner shall contact the Native
American Heritage Commission within 24 hours. The Native American
Heritage Commission shall identify the person or persons it believes to be
the most likely descendent (MLD) from the deceased Native American. The
MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of,
with appropriate dignity, the human remains and associated grave goods
as provided in Public Resources Code Section 5097.98. The landowner or
his authorized representative shall rebury the Native American human
remains and associated grave goods with appropriate dignity on the
property in a location not subject to further disturbance if: a) the Native
American Heritage Commission is unable to identify a MLD or the MLD
failed to make a recommendation within 24 hours a fter being notified by the
commission; b) the descendent identified fails to make a recommendation;
or c) the landowner or his authorized representative rejects the
recommendation of the descendent, and the mediation by the Native
American Heritage Commission fails to provide measures acceptable to the
landowner.”
The following conditions shall be complied with AT ALL TIMES that the use
permitted by this entitlement occupies the premises.
39. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall
maintain landscaping and irrigation in accordance with the approved plans, except
as otherwise permitted or required by law. Significant changes to the number,
placement, and selection of plant species may require a modification to this
approval, to be determined by the Community Development Director or designee.
ENGINEERING CONDITIONS
1. GENERAL - At first building permit plan submittal, the developer shall provide a
letter indicating how all Conditions of Approval have been met.
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2. GENERAL - Improvement plans (as second sheet in plan set) shall contain
Approved Conditions of Approval.
3. 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.
4. 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. Any walls or
structural features part of the landscape design shall also be included.
5. 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.
6. Prior to building permit issuance, the developer shall obtain and pay for an
encroachment permit. Encroachment permit application and submittal
requirements can be found at the City of Gilroy’s Website
http://www.cityofgilroy.org/244/Encroachment-and-Transportation-Permits .
7. GENERAL - The applicant shall obtain all applicable permits from federal, state,
and local agencies as required to construct the proposed improvements. A copy
of these permits will be provided prior to building permits.
8. GENERAL - Existing overhead utilities shall be undergrounded and related utility
poles removed along the property frontage.
9. GENERAL - Storm, sewer, and water lines out of the public right of way and
public easements shall be privately owned and maintained. This shall be noted
on the title sheet of the project improvement plan.
10. GENERAL - All existing public utilities shall be protected in place and if necessary
relocated as approved by the City Engineer.
11. GENERAL – Public Right of Way and Easements shall remain clear of and not
allow private structures, canopies, signs, utilities, fences, walls, etc.
12. GENERAL - All improvements shall be designed and constructed in accordance
with the City of Gilroy Municipal Code and Standard Specifications, Standard
Details, General Guidelines and is subject to all laws of the City of Gilroy by
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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.
13. 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.
14. 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.
15. FEE - Prior to final plan approval, Developer shall pay 100% of the plan check and
processing fees and other related fees that the property is subje ct to and provide
payment and performance bonds.
16. 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 sha ll 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 throu gh 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.
17. 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.
18. 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
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Manual (latest edition). Existing offsite drainage patterns, i.e., tributary areas,
drainage amount and velocity shall not be altered by the development.
19. GRADING & DRAINAGE - All grading and improvement plans shall identify the
vertical elevation datum, date of survey, and surveyor.
20. GRADING & DRAINGE - 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.
21. GRADING & DRAINAGE – Geotechnical Engineer to confirm infiltration rates by
conducting Double Ring Infiltrometer Testing with appropriate safety factors of all
stormwater detention and/or retention facilities.
22. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing
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.
23. CONSTRUCTION - All construction water from fire hydrants shall be metered and
billed at the current hydrant meter rate.
24. CONSTRUCTION - The City shall be notified at least ten (10) 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.
25. 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. 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.
26. 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.
27. 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.
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28. 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.
29. CONSTRUCTION - At least one week prior to commencement of work, the
Developer shall post at the site and mail to the Engineering Division a nd 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.
30. 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.
31. 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 a ccordance with
the requirements of the latest edition of the California Manual on Un iform Traffic
Control Devices. The Traffic Control Plan shall be approved prior to the
commencement of any work within the public right of way.
32. 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
33. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water,
Traffic, and Public Facilities Development Impact Fees. The following are
approximate impact fees based on planning phase square footage and other
information for a Industrial General project. Actual fees will be based on Final
Design information.
a. Street Tree Development =$141
b. Storm Development = $2,139
c. Sewer Development = $59,984
d. Water Development = $6,379
e. Traffic Impact = $129,735
f. Public Facilities = $34,337
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Latest City impact fee schedule is available on the City’s website. Payment of
Impact Fees is required at building 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.
34. TRANSPORTATION – Applicant shall obtain a review letter from Recology
confirming serviceability and site accessibility of solid waste pickup. Contact Lisa
Patton (LPatton@recology.com), Operations Manager 408-846-4421. Include
Recology review letter with first building permit submittal.
35. GENERAL - A current Title Report dated within the last six months, shall be
submitted with 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.
36. GENERAL - The design plans submittal shall include a site plan showing all
existing site conditions and title report easements. Bearings and distances for all
Right-of-Way and Easements shall be included on the improvement plan. In
addition, all Right-of-Way and Easement line work shall be clearly identified on all
improvement plans.
37. 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.
38. 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.
39. PUBLIC IMPROVEMENTS – Prior to building permit issuance, the developer shall
obtain design approval and bond for all necessary public improvements, including
but not limited to the following:
A. Removal and replacement of existing damaged and non-standard curb and
gutter along Forrest St. and Muraoka Ln. along project frontage.
B. New minimum 6’ sidewalk at 1.5% cross slope along Forrest St. and Muraoka
Ln project frontage.
C. Pavement repairs.
D. Relocate the fire hydrant along Muraoka Ln. per City Standards.
E. Installation of new utilities, including but not limited to, water, sewer and storm
drain main lines, services and related facilities.
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F. Sewer lines, manholes, test manholes, laterals, cleanouts, etc. Sewer
facilities cannot be aligned through stormwater treatment facilities.
G. New street trees along Muraoka Dr and Forest St.
All improvements must be built to the city Engineer’s satisfaction, and accepted by
the City prior to issuance of any first certificate of occupancy for the project.
40. 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.
41. CONSTRUCTION - All trash enclosure shall be covered with a roof structure and
connected to the Sanitary Sewer system.
42. CONSTRUCTION – Due to the proposed development making utility and curb
cuts on Forrest St. and Muraoka Ln. reducing the City Pavement Condition Index,
the developer shall remove and replace failed pavement sections, apply
pavement crack sealing and apply microsurface treatment along Forrest St. and
Muraoka Ln. along the project frontage (full roadway width).
43. CONSTRUCTION - Where recycled water is not available, as determined by the
Public Works Director, potable water shall be used. All City potable water will be
billed based on the City’s comprehensive fee schedule under the Portable Fire
hydrant meter rate.
44. TRANSPORTATION – At first plan submittal, developer shall submit on-site and
off-site photometric plans.
45. 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.
46. 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.
47. UTILITIES – All new services to the development shall be "undergrou nd 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.
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48. UTILITIES - The following items will need to be completed prior to first build ing
permit submittal:
a. The Developer shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and
cables including the size, location and details of all trenches, locations of building
utility service stubs and meters and placements or arrangements of junction
structures as a part of the Improvement Plan submittals for the project. Show
preferred and alternative locations for all utility vaults and boxes if project has not
obtained PG&E approval. A licensed Civil or Electrical Engineer sha ll 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 Engine ering Division and the
utility companies.
c. Will Serve Letter” from each utility company for the subdivision shall be supplied
to the City.
49. 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 Joint consultant 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.
50. 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 appro ved improvement plans.
51. 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.
52. 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.
53. WATER QUALITY - Proposed development shall comply with state mandated regional
permits for both pre-construction and post-construction stormwater quality
5.B.c
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Resolution No. 2022-xx
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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 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 faci lity 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:
5.B.c
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Resolution No. 2022-xx
Page 20
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 repo rt 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.
54. 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 Erosion Control Measures/BMPs will result in
the issuance of correction notices, citations or a project stop order.
55. 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.
56. 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 QS D to meet the minimum design
infiltration rate. All tests shall be made at on 20 ft x 20ft grid pattern over the su rface
of the completed stormwater facility.
57. WATER QUALITY - At first plan submittal, all Bio-Retention facility cross sections
shall show the correct slopes. Per the stormwater manual, the cross slopes
should be 3:1 max if providing a shelf/bench at the top of the facility. If not
providing a shelf/bench, use 4:1 slope. Label the right of way and easements in
Section A-A and B-B. Plans shall reflect the correct cross slopes.
5.B.c
Packet Pg. 59 Attachment: PC Resolution AS 21-16 (3596 : Forest St. Cold Sotrage)
Resolution No. 2022-xx
Page 21
58. WATER QUALITY – Grading operations between October 15 and April 15 will
require a winterized grading and erosion control plan to be submitted to the
Department of Public Works for approval. The plan shall include the following
measures:
1. 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.
2. Provide a general schedule of the proposed work activities with a written
narrative/description of work that include the procedures for completing said
work.
3. Show how the entire site will be protected (“Winterized”) from sediment
erosion and transport and show how all exposed soil will be managed.
4. 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.
5. Provide details of the temporary sediment basin’s erosions control measures
such as sediment berms, Hydroseeding, and bank stabilization.
6. 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.
59. LANDSCAPING - Landscaping plans shall not conflict with the stormwater
management water treatment plan.
60. MASTER PLANS - Confirm the project is in compliance with the City Master
Plans. Studies shall identify the development's effect on the City's present Master
Plans and the impact of this development to surrounding utility lines. If the results
of the study indicate that this development contributes to the over-capacity of the
trunk line, developer will be required to mitigate the impact by remove and replace
or upsizing of the existing utilities.
61. BICYCLE PARKING – The applicant shall provide both long-term bicycle lockers
and bike racks on-site, to the approval of the City Engineer.
62. 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.
5.B.c
Packet Pg. 60 Attachment: PC Resolution AS 21-16 (3596 : Forest St. Cold Sotrage)
Resolution No. 2022-xx
Page 22
63. 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.
64. PROJECT ACCEPTANCE – Prior to building occupancy, provide and obtain
approval for all of the items identified in the Public Works Department
“Development Project Closeout” list.
65. A lot merger will be required to remove the lot line currently dividing the two lots.
Prior to building permit issuance, developer shall provide and record the
necessary documents for a lot merger. Submit this to Public Works Engineering
as a separate application. The Lot merger application previously submitted is
missing the original signed and notarized Owner’s Certificate from the Certificate
of Compliance to record the document. Submit the missing information to Public
Works Engineering.
FIRE CONDTIONS
1. Condition: A sanitary sewer test manhole (not a sewer cleanout) shall be required
for the building. All new commercial and industrial buildings shall have a sewer
test manhole installed on the property (see City Specifications) and in an area that
can be readily accessed by an inspector, (minimum of one for each building).
Show the sanitary sewer test manhole (SSMH) on future plan submittals. For
tenants with industrial waste treatment systems, a separate sewer test manhole
may be required. At this time, it appears that there are no industrial waste
treatment systems proposed, therefore a second sewer test manhole will not be
required.
2. The facility owner/operator shall register into the CERS online database
(California environmental Reporting System) if there is reportable quantities of
hazardous materials or any quantity of hazardous waste. Besides the refrigerant ,
it appears that there will not be other hazardous materials for the proposed
operation.
3. Condition: Per section 105.6.42 , an operational permit may be required to
operate a mechanical refrigeration unit or system regulated by Chapter six of the
2019 California Fire Code.
BUILDING CONDITIONS
1. All conditions of approval shall be included on the first sheet after the cover sheet of
the construction drawing submitted for a building permit.
2. A pre-construction meeting shall be held at a time and location agreed upon by the
City and applicant for the purpose of reviewing conditions of approval, pre-occupancy
requirements / temporary certificate of occupancy and construction-site procedures.
5.B.c
Packet Pg. 61 Attachment: PC Resolution AS 21-16 (3596 : Forest St. Cold Sotrage)
Resolution No. 2022-xx
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This meeting shall be held prior to the issuance of any permit issued by the building
department. The applicant shall be represented by his design and construction staff,
which includes any sub-contractors. Departments having conditions of approval for
the project will represent the City.
3. The project developer shall provide a Construction Management Plan (CMP) shall be
submitted to as part of the building permit and/or Grading Permit and shall be
incorporated into the plans for review and approval by the Building Official before
issuance of a building permit. This plan shall be a binding document. Failure to
adhere to the plan may result in a "Stop Work Notice" being placed on the project.
This plan shall be updated as project conditions warrant. The construction plan shall
be designed to minimize the loss of public parking spaces and, if any need to be lost,
to minimize the length of the time they are used for construction-related activities.
4. The CMP shall include but not be limited to:The proposed location of materials and
equipment storage, scaffolding, safety measures to protect the public from
construction activities, temporary fencing, construction trailers, parking of
construction vehicles, location of portable toilets, etc. Work schedule (start of
construction date, road or lane closure intent/dates, important milestones and
proposed final dates). It shall include the hours of construction, the construction
waste Management plan, show the location of all staging/storage types, the travel
routes and tum-around locations, any road and/or lane closures and a phasing plan.
The CMP may be more stringent if the project is located close to schools or in
impacted neighborhoods. A CMP may be required to be modified if a neighborhood
becomes "impacted" during construction. Impacted neighborhoods are defined as
areas in geographic proximity (i.e. using the same streets for access) with a
significant number of simultaneous construction projects.
5. Temporary fencing along the perimeter of a building site, during construction is
required to ensure security, public safety, and/or noise/dust mitigation. “Temporary”
shall mean the placement of fencing in a manner that is not permanently attached to
the ground or attached to any other structure or material that is itself permanent ly
attached to the ground. Temporary construction fences consisting of chain-link or
plywood, no more that 6-feet in height above the ground and shall not require any
permits or special authorization.
Unless letters of permission from adjacent property owners or a City encroachment
permit have been obtained, temporary construction fencing shall be placed only on
the property that contains the subject construction project. All temporary construction
fencing shall be thoroughly removed from the project site upon completion of
construction. Temporary construction fences proposed more than 6-feet in height will
require review and permitting by the Building Department (discretionary review is not
5.B.c
Packet Pg. 62 Attachment: PC Resolution AS 21-16 (3596 : Forest St. Cold Sotrage)
Resolution No. 2022-xx
Page 24
required for temporary fences).
When required for pedestrian safety, temporary construction fencing shall comply
with the provisions of the California Building Code (CBC) Section 3303.
6. Prior to construction, A 24-inch by 36-inch weatherproof copy of the approved
Construction Management Plan shall be posted on the site as part of a job site sign
and located so as to be clearly readable from the public right-of-way. In addition to
the approved construction management plan, the sign shall include the following
information:
a) Address of the project site.
b) Permitted hours of construction and of deliveries/off-haul.
c) Name, e-mail address and direct phone number of the General Contractor.
d) Name, e-mail address and direct phone number of the person responsible for
managing the project.
e) Name and direct phone number of the party to call in case of an emergency.
f) City of Gilroy Code Enforcement Officer (408-846-0264).
7. The following provision to control traffic congestion, noise, and dust shall be followed
during site excavation, grading and construction: Unless otherwise provided for in a
validly issued permit or approval, construction activities shall be limited between the
hours of seven am and seven pm Monday through Friday and nine am to seven pm
on Saturday. These hours do not apply to construction work that takes place inside a
completely enclosed building and does not exceed the exterior ambient noise level
as measured 10 feet from the exterior property lines.
Construction Activities shall not occur on Sundays or city holidays which include New
Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas.
8. At the time of building permit plan submittal, the project developer shall submit a final
grading and drainage plan prepared by a licensed civil engineer depicting all final
grades (with accurate elevations above sea level indicated) and on-site drainage
control measures to prevent storm water runoff onto adjoining properties.
9. The applicant and/or developer shall submit a pad elevation certification prepared by
a licensed land surveyor or registered civil engineer to the Building Official certifying
that the pad elevation(s) and building location (setbacks) are pursuant to the
approved plans, prior to receiving a foundation inspection for the structure.
10. The building(s) covered by this approval shall be designed and constructed to the
Title 24 Building Standards, including Building, Electrical, Mechanical, Plumbing,
5.B.c
Packet Pg. 63 Attachment: PC Resolution AS 21-16 (3596 : Forest St. Cold Sotrage)
Resolution No. 2022-xx
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Energy, Fire, Green Building and both State and Federal accessibility requirements
in effect and as amended by the City of Gilroy at the time of building permit submittal.
11. The project developer shall submit a Stormwater Pollution Prevention Plan (SWPPP)
to the City Engineer/Building Official for review and approval prior to the issuance of
a grading or building permit, whichever is sooner. A copy of the approved SWPPP,
including all approved amendments, shall be available at the project site for City
review until all engineering and building work is complete and City permits have been
finaled. A site specific SWPPP must be combined with proper and timely installation
of the Best Management Practices (BMPs), thorough and frequent inspections,
maintenance, and documentations. SWPPP for projects shall be kept up to date with
the projects’ progress. Failure to comply with the most updated construction SWPPP
may result in the issuance of correction notices, citations, and/ or stop work orders.
The project developer is responsible for implementing the following BMPs. These, as
well as any other applicable measures, shall be included in the SWPPP and
implemented as approved by the City.
a) The project developer shall include erosion control/stormwater quality measures
on the project grading plan which shall specifically address measures to prevent
soil, dirt, and debris from entering the public storm drain system. Such measures
may include, but are not limited to, hydroseeding, hay bales, sandbags, and
siltation fences and shall be subject to the review and approval of the City
Engineer/Building Official. If no grading plan is required, necessary erosio n
control/stormwater quality measures shall be shown on the site plan submitted
for a building permit, and shall be subject to the review and approval of the
Building Division. The project developer is responsible for ensuring that the
contractor is aware of and implements such measures.
b) All cut and fill slopes shall be revegetated and stabilized after completion of
grading, but in no case later than October 15. Hydroseeding shall be
accomplished before September 15 and irrigated with a temporary irrigatio n
system to ensure that the vegetated areas are established be fore October 15.
No grading shall occur between October 15 and April 15 unless approved
erosion control/stormwater quality measures are in place, subject to the approval
of City Engineer/Building Official. Such measures shall be maintained until such
time as permanent landscaping is in place.
c) Gather all sorted construction debris on a regular basis and place in the
appropriate container for recycling; to be emptied at least on a weekly basis.
When appropriate, use tarps on the ground to collect fallen debris or splatters
that could contribute to stormwater runoff pollution.
d) Remove all dirt, gravel, rubbish, refuse, and green waste from the street
pavement and storm drains adjoining the site. Limit construction access routes
onto the site and place gravel on them. Do not drive vehicles and equipment off
paved or graveled areas during wet weather. Broom sweep the street pavement
5.B.c
Packet Pg. 64 Attachment: PC Resolution AS 21-16 (3596 : Forest St. Cold Sotrage)
Resolution No. 2022-xx
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adjoining the project site on a daily basis. Scrape caked on mud and d irt from
these areas before sweeping.
e) Install filter materials (such as sandbags, filter fabric, etc.) at the storm drain inlet
nearest the downstream side of the project site in order to retain any debris or
dirt flowing in the storm drain system. Maintain and/or replace filter materials to
ensure effectiveness and to prevent street flooding.
f) Create a contained and covered area on the site for the storage of cement,
paints, oils, fertilizers, pesticides, or other materials used on the site that have
the potential of being discharged into the storm drain system by being windblown
or by being spilled.
g) Never clean machinery, equipment, tools, brushes, or rinse containers into a
street, gutter, or storm drain.
h) Ensure that concrete/gunite supply trucks or concrete/plaster operations do not
discharge wash water into a street, gutter, or storm drain.
i) Concrete wash area: 1) locate wash out area away from storm drains and open
ditches; 2) construct a temporary pit large enough to store the liquid and solid
waste; 3) clean the pit by allowing concrete to set; 4) break up the concrete; and
then 5) recycle or dispose of properly.
j) Equipment and vehicle maintenance area is not permitted; use an off-site repair
shop is strongly encouraged.
k) Operation and Maintenance Requirements - The project shall comply with the
following:
i. Repainting text near any drain inlets to state “No Dumping – Drains to Bay.”
ii. Ensuring maintenance of landscaping with minimal pesticide and fertilizer use.
iii. Ensuring no one is disposing of vehicle fluids, hazardous materials or rinse
water from cleaning tools, equipment or parts into storm drains.
iv. Cleaning all on-site storm drains at least twice a year with one cleaning
immediately prior to the rainy season. The City may require additional
cleanings.
v. Sweeping regularly but not less than once a month, driveways, sidewalks and
paved areas to minimize the accumulation of litter and debris. Corners and
hard to reach areas shall be swept manually. Debris from pressure washing
shall be trapped and collected to prevent entry into the storm drain system.
Wastewater containing any soap, cleaning agent or degreaser shall not be
discharged into the storm drain.
12. A construction trailer shall be allowed to be placed on the project site for daily
administration/coordination purposes during the construction period. At no time shall
campers, trailers, motor homes, or any other vehicle be used as living or sleeping
quarters on the construction site. All such vehicles shall be removed from the site at
the end of each workday.
5.B.c
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13. Portable toilets used during construction shall be em ptied on a regular basis as
necessary to prevent odor.
14. The building shall be designed to include the green building measures specified as
mandatory in the application checklists contained in the California Green Building
Standards Code. The applicant shall incorporate the checklist along with a notation
on the checklist to specify where the information can be located on the plans, details,
or specifications, etc.
15. The applicant shall provide a site survey of entire parcel stamped and signed by a
Land Surveyor licensed by the State of California. The survey shall include, but not
be limited to, the following: location and dimensions of property line, location of
streets and easements, existing buildings, topographic contour lines,
trees/landscape, miscellaneous structures, etc. The purpose of the site survey is to
accurately verify compliance with items such as setback dimensions, heights of
buildings from established contours, compliance with h eritage tree ordinance, etc.
16. All projects including food service or public pools, or spas shall be checked and
approved by the Santa Clara County Health Department prior to submittal for a
building permit.
17. A separate building permit shall be required fo r all shoring and scaffolding work.
Shoring/scaffolding plans, calculations, etc., shall be reviewed and approved by
Building Division. The applicant must obtain an encroachment permit from the Public
Works Department for scaffolding erected within the public right-of-way.
18. The applicant shall provide a stamped, signed, and dated soil investigation report
containing design recommendations to the Building Official. The classification shall
be based on observation and any necessary tests of materials disclosed by boring or
excavations made in appropriate locations. Additional studies may be necessary to
evaluate soil strength, the effect of moisture variation on soil -bearing capacity,
compressibility, liquefaction, seismically induced soil liquefaction, soil instability, and
expansiveness. Additionally, the applicant shall submit a stamped, signed, and
dated letter from the Geotechnical Engineer or Civil Engineer who prepared the soil
investigation stating the following:
a) The plans and specifications substantially conform to the recommendations in the
soil investigation.
b) The Geotechnical Engineer or Civil Engineer who prepared the soil investigation
has been retained to provide soil site observation and provide periodic and final
reports to the City of Gilroy.
5.B.c
Packet Pg. 66 Attachment: PC Resolution AS 21-16 (3596 : Forest St. Cold Sotrage)
Resolution No. 2022-xx
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Prior to final inspection for any building or structure, the Geotechnical Engineer or
Civil Engineer who prepared the soil investigation shall issue a final report stating the
completed pad, foundation, finish grading and associated site work substantia lly
conform to the approved plans, specifications and investigations.
19. Demolition permit(s) shall be issued in accordance with Section 6.1 of the Gilroy
Municipal Code. Safeguards during construction shall be provided in accordance
with Chapter 33 of the California Building Code.
20. Acceptance of the plans does not release the developer from correction of mistakes,
errors, or omissions contained therein. If, during the course of construction, the public
interest requires a modification or a departure from these accepted plans, the City
shall have the authority to require such modifications or departure and specify the
manner in which the same is to be made.
21. All construction materials, debris and equipment shall be stored on site. If that is not
physically possible, an encroachment permit shall be obtained from the Dep artment
of Public Works prior to placing any construction materials, debris, debris boxes or
unlicensed equipment in the right-of-way. The placing of portable restroom facilities
in the City right-of-way will not be permitted.
22. All portions of the job site shall be maintained in an organized and professional
condition. All trash, debris, construction scraps and broken/deteriorated machinery
shall be removed from the site at the end of each week. I f off loaded construction
materials are not used within 2 weeks, they shall be screened from view. All
sidewalks, driveways and public/private roadways frontin g the subject site shall be
broom cleaned at the end of each business day.
PASSED AND ADOPTED this 3rd day of February 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
_____________________________ ______________________________
Kraig Tambornini, Senior Planner Tom Fischer, Chairperson
5.B.c
Packet Pg. 67 Attachment: PC Resolution AS 21-16 (3596 : Forest St. Cold Sotrage)
Karen L. Garner
DIRECTOR
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: February 3, 2022
TO: Planning Commission
FROM: Kraig Tambornini, Senior Planner
SUBJECT: 2022 Planning Commission Task Force / Committee Assignments
RECOMMENDATION:
Continue item to March 3, 2022 to Review Planning Commission committee
assignments and make adjustments as necessary.
Background:
Each year, the Planning Commission has an opportunity to review their assignments to
various task force and committees. The Planning Commission is requested to review
the Planning Commission assignments to various task forces and committees, and
make adjustments as necessary. The annual review is an opportunity to change
assignments and update the list, as appropriate. Presently, the assignments are as
follow:
Task Force/Committee Commissioner
Bicycle Pedestrian Commission Doyle
Gilroy Downtown Business Association Ridley
Historic Heritage Committee Jezabel Moreno
South County Joint Planning Advisory Committee Bhandal
Street Naming Lewis
Staff recommends continuing the item to March 3, 2022 to allow for new members to
participate in the discussion.
6.1
Packet Pg. 68
Karen L. Garner
DIRECTOR
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: February 3, 2022
TO: Planning Commission
FROM: Bryce Atkins, Senior Management Analyst
SUBJECT: Update on Consolidation of the Historic Heritage Committee,
Housing and Neighborhood Revitalization Committee, Street
Naming Committee, and Portions of the Bicycle Pedestrian
Commission with the Planning Commission
RECOMMENDATION:
Commission receive the report and provide any feedback.
BACKGROUND
At the December and January 10th regular Council Meetings, the City Council took
action to consolidate four of the City’s boards into two of the other com missions of the
City, including the Planning Commission. These consolidated boards include:
• Historic Heritage Committee
• Housing and Neighborhood Revitalization Committee
• Street Naming Committee
• Bicycle Pedestrian Commission (Infrastructure Planning and Development
Review functions)
As part of the consolidation process, implementation planning is required to help
successfully transfer the duties of these boards to the Planning Commission, as well as
the Parks and Recreation Commission.
DISCUSSION AND ANALYSIS
As part of the Council action, the boards listed above are to wind down and transfer
their duties by the end of June 2022. Each transition is going to have their own unique
implementation plan. Below is a summary of the draft planning that is occurrin g
currently. The intent of this agenda item is to review and receive comments from the
Planning Commission regarding the transition plans for the duties of these boards that
the Planning Commission will inherit.
7.A
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2
1. Historic Heritage Committee (HHC)
At the Historic Heritage Committee’s regular meeting in January, the Committee
determined that the January meeting would be their last. The information that
typically came through the Historic Heritage Committee to the Planning
Commission will now come directly through staff via staff reports to the
Commission. At this time, this transition is deemed complete.
2. Housing and Neighborhood Revitalization Committee (HNRC)
The current transition planning approach for the HNRC will be to complete the
Community Development Block Grant (CDBG) and Housing Trust Fund (HTF)
grant award process for FY 2022, culminating in the presentation and
recommendations for award for the next two years to the City Council in March.
After the process completes, the Committee will cease meeting, as all new
processes will be taken to the Planning Commission. This also includes work on
the City’s housing element, something that is already within the purview of the
Planning Commission.
The two-year grant funding process going forward will be handled at the staff
level, through public meetings, and staff will take these items to the City Council.
This function will not transfer to the Planning Commission. HNRC will be
discussing its transition plan at its February 16th meeting. Any developments or
changes to the transition plan will be updated to the Planning Commission at the
Commission’s next regular meeting.
3. Street Naming Committee (SNC)
The Street Naming Committee meets on an as-needed basis. It last met in
August of 2014 for the renaming of Auto Mall Parkway. The last update to the
Miscellaneous Street Naming Policies was in 2012. As such, there is no
anticipated work to transition to the Planning Commission. Future street naming
activities will be coordinated through supporting staff to the Planning Commission
and will be implemented via providing Commission recommendations to the City
Council as appropriate.
4. Bicycle Pedestrian Commission (BPC) (Infrastructure Planning and Development
Review functions)
The Planning Commission will be conducting the infrastructure planning and
development review functions. However, this is not new work to the Planning
Commission. The BPC currently provides its comments on development projects
and infrastructure needs to the Planning Division, which is shared during the
Planning Commission agenda items as deemed appropriate by Planning. The
BPC will be reviewing and making recommendations to the Planning
Commission for future amendments of, and project reviews based on, the:
• City’s Complete Streets Policy,
• Potential bicycle parking ordinance,
• Bike and Pedestrian Master Plan.
The Planning Commission will act as the bicycle pedestrian commission as
required by the Metropolitan Transportation Commission and its funding
7.A
Packet Pg. 70
3
requirements, as well as the bicycle pedestrian commission for the purposes of
Measure B funding in Santa Clara County. There will be intermittent agenda
items as a result of these designations, but the workload is not expected to
increase noticeably.
The remaining functions of the BPC for education and encouragement program
functions is being transitioned to the Parks and Recreation Commission.
CONCLUSION
As the four boards wind down and transfer their duties to the Planning Commission,
staff will be keeping the Commission updated on its progress. Given that the functions
of the HHC have concluded in January, and the SNC has no business items transferring
over, these transitions are essentially complete. The HNRC and BPC will continue to
complete some of their workplan items, and those duties will be transferred before the
end of June 2022. The HNRC functions are projected to be completed and have their
last meeting in March 2022, at which point the full duties will be encapsulated in the
Planning Commission. BPC is anticipated to continue their work, likely into late June, to
develop the final recommendations to the Planning Commission. As the wind down
progresses, staff will regularly be updating the Planning Commission on their progress.
NEXT STEPS
Based on any feedback received from the Planning Commission, or any of the other
boards that are being consolidated, the transition plan will be updated, and any
implementation amended. This will be an iterative process throughout the time that the
boards are winding down.
7.A
Packet Pg. 71
Planning Current Project Log 1
City of Gilroy Planning Division - PROPOSED
Dated:1/12/2022
App Type Legend: MA Mills Act Request
A Annexation MM Minor Modification
AS Architectural and Site Review SP Sign Permit
CUP Conditional Use Permit TM Tentative Map
DA Development Agreement TUP Temporary Use Permit
DTSUP Downtown Special Use Permit TR Tree Removal Permit
DUP Downtown Use Permit USA Urban Service Area
GPA General Plan Amendment V Variance
HP Habitat Permit VMD Minor Deviation
M Miscellaneous&PreApplication Z Zoning Amendment
DATE FILED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
xx/xx/xxxx DO NOT USE - INSERT NEW LINE BELOW
12/29/2021 AS 21-26 (21120033)850 Holloway Road New 7,137 GSF Packaged Snack Food Warehouse
12/8/2021 AS 21-24 (21120011)Holloway Road New 25,345 SF industrial building
11/30/2021 AS 21-23 (21110042)210 Las Animas
New 7,949 SF industrial, building: approximately 4,975 SF for
endeavour storage offices and wholesale and approximately
3,000 SF for future tenant
11/23/2021 CUP 21-03 6945 Monterey Road #B1 CUP for offsite alcohol sales for Milos market
11/12/2021 AS 21-22 (21110023)8971 Tea Tree Way Hillside single family residence (SFR)
10/21/2021 AS 21-21 (21100031)7251 Camino Arroyo New wireless cellular antenna faciliy on an existing PGE tower
10/13/2021 AS 21-20 (21100021)
Cameron Boulevard and Venture
Way
Two alternative designs for Business Park industrial buildings
on 20 acre site.
Description: This log contains all major planning projects currently under consideration. Contact the planning division at
PlanningDivision@CityofGilroy.org or call (408) 846-0440 if you have any questions regarding this information.
G:\COMDEV\PLANNING\Applications\_APPLICATION LOGS\PLANNING CURRENT PROJECT LOG_12.29.2021PLANNING CURRENT PROJECT LOG_12.29.2021
8.A
Packet Pg. 72 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Current Project Log 2
10/5/2021 M 21-25 (21100010)108 Chickadee Lane
DRG for mixed-use development with 2,942 GSF of retail and
12 apartment units
9/13/2021 TM 21-05 (21090019)
Club Drive, north of Santa
Teresa Drive
Tentative Map for GLR Palomino II subdivision to create four
single-family lots
9/1/2021
TM 21-04 (21090001); Z 21-05
(21090002); AS 21-17
(21090003); HP 21-12
(21080029)Royal Way
Tentative Map, Zone Change, PUD Architectural & Site
Review, and Habitat Plan Permit for a 45-unit townhouse
project
8/31/2021 AS 21-16 (21080028)8815 Forest Street
Ice cream storage and distribution faciliity consisting of cold
storage, office area annd docking area
8/30/2021 HP 21-12 (21080029)
Club Drive, north of Santa
Teresa Drive
Habitat Plan Permit for the McCutchin Creek, Palomino I and II,
and future Glen Loma Ranch area
7/30/2021 USA 21-01 (21070038)South Gilroy, see APNs USA Amendment (south Gilroy)
7/29/2021 AS 21-13, TM 21-02 6970 Camino Arroyo Five lot development in Gilroy Crossings PUD Phase 2 for
7/22/2021
TM 21-03 (21070015);
Z 21-04 (21070017);
AS 21-14 (21070018)305 Gurries Drive Construct four new two-story townhouses
7/8/2021 MM 21-07 (21060028)2140 Hollyhock LN Riparian setback encroachment CEQA
7/8/2021
CUP 21-02 (21050024)/ AS 21-
10 (21050022)8605 Murray Ave.
Request to establish a dog boarding facility and caretaker unit
in the Murray-Las Animas overlay district.
6/23/2021 M 21-15 (21060025)No Address Holloway Rd. DRG pre-application to develop vacant industrial lot
6/16/2021 AS 21-12 (21060013)7231 Eagle Ridge Dr
One-story single family residence with basement; includes
5,975 GSF of living space & 2,315 GSF of garage space.
4/21/2021 AS 21-06 (21040021)2031 Portmarnock Way New 3,649 sf single family residence in the hillside
1/1/2021 GP 22-01 Citywide Housing Element 2023-2031
1/1/2021 M 20-05 Citywide SB 330 Compliance Checklist
1/1/2021 M 21-03 Citywide 2021 Gen Plan and Housing Progress Report (Due 4-1-22)
1/1/2021 M 21-06 Citywide Parklet policy
G:\COMDEV\PLANNING\Applications\_APPLICATION LOGS\PLANNING CURRENT PROJECT LOG_12.29.2021PLANNING CURRENT PROJECT LOG_12.29.2021
8.A
Packet Pg. 73 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Current Project Log 3
11/16/2020 AS20-23; M 20-12 (20070016)8000 Camino Arroyo Data Center
10/23/2020 AS 20-21 (20100021), CUP 20-Camino Arroyo Distribution facility project proposing development of 59-acres
9/29/2020 AS 20-18 (20100002)
GLR Specific Plan; Northeast of
Santa Teresa & West of Miller
Architectural & Site review for the 40-unit multi-family Malvasia
neighborhood
9/29/2020 AS 20-19 (20100003)
GLR Specific Plan; Northeast of
Santa Teresa & West of Miller
Architectural & Site review for the 34-unit multi-family Rocky
Knoll neighborhood.
9/29/2020
TM 20-05 (20090053) / AS 20-
18 (20100002) / AS 20-19
(20100003)
GLR Specific Plan; Northeast of
Santa Teresa & West of Miller
Tentative Map for Glen Loma Ranch specific plan Canyon
Creek, Rocky Knoll, and Malvasia neighorhoods. Totals 40
single-family units and 74 townhouse units. Includes
Architectural & Site review for the 40-unit multi-family Malvasia
neighborhood and and 34-unit multi-family Rocky Knoll
neighborhood.
3/1/2020 M 19-23 Citywide Mills Act Program - Ordinance, site visits, annual reports
01/21/20
AS 20-02 (20010012)
TM 20-01 (20010014) 395 Lewis Street Proposed four lot subdivision and residences
09/24/19 M 19-10 Glen Loma Ranch Specific Plan
Traffic study for Tenth Street Bridge Construction/Modification
to consider elimination of bridge requirement
08/02/18 M 18-18 (#18080001)Citywide Special Events Permit/Temporary Use Permit Policy
06/27/18 M 21-10 Citywide Historical Resource Inventory (additions, removals)
05/04/18
AS 18-09 (18050017)
Z 18-04 (18050018)Automall Pkwy. Zoning Amendment - Sign Ordinance -Electronic Billboard
09/04/16 Z 17-02 (#17030053)North of Santa Teresa Blvd Glen Loma Ranch Specific Plan update
08/25/16 AS 16-33 (#16080044)W. Luchessa and Miller Ave.New Glen Loma Ranch Fire Station
12/02/15
GPA 15-02 (#15120002),
Z 15-12 (#15120004)Downtown
High Speed Rail Station Area Plan - Reactivation of project
Contract w HSRA expirs 12/21
9/28/2015
Z 15-03 (includes Z 20-02
(20060030), Z 15-16 Citywide
Comprehensive Zoning Ordinance Update & Admin Draft
Zoning Map (Concurrent w GP 2040 GPA 13-02 Project),
G:\COMDEV\PLANNING\Applications\_APPLICATION LOGS\PLANNING CURRENT PROJECT LOG_12.29.2021PLANNING CURRENT PROJECT LOG_12.29.2021
8.A
Packet Pg. 74 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Current Project Log 4
11/26/12
A 12-01 (#12110049)
Z 12-09 (#12110052)Vickery & Kern Avenues Annexation of 5.46 acres and prezone to Neighborhood District
7/17/12
USA 14-02 (#14070058),
USA 12-01 (#12070023)Vickery & Kern Avenues
Urban Service Area amendment to incorporate of 55.66+/-
acres into Gilroy’s Urban Service Area (USA)
G:\COMDEV\PLANNING\Applications\_APPLICATION LOGS\PLANNING CURRENT PROJECT LOG_12.29.2021PLANNING CURRENT PROJECT LOG_12.29.2021
8.A
Packet Pg. 75 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 5
City of Gilroy Planning Division - APPROVED PROJECTS
Dated:1/12/2022
APPROVED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
12/22/2021 AS 21-25 (21120023)NE corner of 7th and Eigleberry
New 138-stall surface parking lot (municipal parking)
and removal of existing demonstration garden
11/3/2021 AS 21-18 (21090018)7511 Carmel St.Addition to an Historic site
11/1/2021 TUP 21-06 (21090048)7300 Monterey Road Camino Coffee Temporary Use Permit (See AS 19-16)
10/6/2021 TUP 21-08 (21090059)1505 Hurka Way TUP for GLR Model Home
10/4/2021
AS 20-14 (20070017), TM 20-
03 (20070020), Z 20-04
(20070021)
450 9th Street, at the northeast
corner of Tenth and Chestnut
Streets
Chestnut Center carwash, three drive through
restaurants, convenience store, gas station and 100+
room hotel on 6.9 acres
10/1/2021 TUP 21-07 (21090058)6361 Paysar Lane TUP for GLR Model Home
9/21/2021 AS 21-11 (21060004)2354 Banyan Ct New Hillside residence
9/17/2021
AS 20-20 (20090052) / TM
20-06 (20090050) / Z 20-
06(20090049)9130 & 9160 Kern Avenue
Cottages at Kern 29-lot residential planned unit
subdivision on 3.61 acres by DR Horton
8/27/2021
AS 21-15 (See also AS 18-
03 (#18010024), Z 18-01,
TM 18-01)Hecker Pass and Autumn Way
Hoey North 72 unit residential planned development on
22.44 acres site on the north side of Hecker Pass
Highway
Description: This log contains major planning projects approved but not implemented (e.g., pending issuance of building permits,
construction or occupancy). This information is maintained for tracking, CEQA and traffic modeling. Most planning approvals initially are
valid for 1 year (2 years for subdivisions), and shall expire if not implemented or granted an extension. Contact the planning division at
PlanningDivision@CityofGilroy.org or call (408) 8 46-0440 if you have any questions regarding this information. NOTE: Gilroy City Council
extended projects set to expire during the COVID SIP period to May 31, 2021 and the state further granted an 18-month extension for
residential projects in effect prior to March 4, 2020 and set to expire prior to December 31, 2021 (Government Code, Section 65914.5).
Thus, all residential project approvals due to expire May 31, 2021 were extended to November 30, 2022.
8.A
Packet Pg. 76 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 6
8/19/2021 AS 21-09 7811 Miller Ave Backyard Cabana
6/23/2021 AS 21-04 (321030026)9145 Tea Tree Wy New 5,931sf single family residence in the hillside
6/21/2021 TM 20-08 6605 Chestnut
Subdviding one 9-acre lot into three 3-acre commercial
lots
5/24/2021 AS 20-15 (20090030)5935 & 5975 Rossi
New Industrial building to expand existing Silva
Sausage operation.
5/24/2021 AS 21-08 (21040057)2030 Portmarnock Way New 4,398 sf single family residence in the hillside
5/22/2021 VMD 21-01 (21040031)565 Rossi Court New metal picket fence with gate
4/14/2021 AS 21-05 (21040017)2331 Hoya Lane
New 3,785 sf single family residence in the hillside.
Permit 21100011 submitted 10/4/21
4/8/2021 AS 20-17 (20090039)305 Gurries Gurries two new duet units and two ADU's
3/17/2021 AS 21-03 8340 Wintergreen Court Construction of new 3,830 sf single family residence
3/12/2021
AS 20-10 (20060031) / Z 20-
03 (20060030)1520 Hecker Pass Highway
Jemcor Developmetn 100 affordable units SW corner
Hecker Pass @ S. Teresa
3/9/2021 TUP 21-03 KB Home TUP for Malvasia Model Home Complex
3/9/2021 TUP 21-04 KB Home TUP for Nebbiolo Model Home Complex
3/9/2021 TUP 21-05 KB Home TUP for Town Center Model Home Complex
2/2/2021 AS 21-01 (#21020005)8805 Forest
New 11,868 sf Industrial Shell Building in the industrial
M1-MA Overlay
1/5/2021 ZC 21-01 (2101001 6700 Bram Lane Replace 6 antennas and add 3
12/21/2020 A/S 20-24 (20110003)
GLR Specific Plan; Northeast of
Santa Teresa & West of Miller
Architectural and Site Review for 171 lots in the Glen
Loma Ranch Malvasia, Nebbiolo an The Glen
neighborhodds
12/3/2020 TM 20-02, HP 21-01 301 & 303 E Tenth St
Lot Split 303 E Tenth for O'Reilly Building, new 7ksf
autoparts store (See also AS 19-14)
9/21/2020 AS 20-16 (20090034)7121 Monterey
New Canopy, repainting of primary building, and re-
striping of parking lot.-Mariscos Permit 21010058.
Extension to 9/3/21
07/29/20
AS 19-17 TM 19-01 (See
Also Z 19-03)95 Farrell Avenue
Subdividing single 43,592 SF lot into 4 single family
lots. 3 will be 6,694 SF parcels and one will be a 15,710
flag parcel.
8.A
Packet Pg. 77 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 7
07/17/20 AS 20-04 (20020013)7533, 7530, 7539 Monterey
Retro-fitting of historic URM building. Proposal for
mixed-use building with (3) restaurants and (3)
residential units. Extension request anticipated July
2021
5/18/2020 AS 20-07 (20050016) 6805Silacci Way
New Office / Warehouse buildings. Reference M 20-01
for DRG pre-application file.
2/18/2020 AS 20-05 (20020025)2202 Columbine
New 5,574 square foot home with a 720 square foot
attached garage.
1/17/20 AS 20-01 6585 Eagle Ridge Court
Construct a new 5 bed, 5.5 bath, 2 story, 4312 sq. ft.
single family residence, with attached 3 car accessory
garage.
12/31/19 AS 19-27 (19120038)7880 Monterey
Demolition of Fosters and the construction of a new
dentist office in the downtown expansion district.- SEE
MM 21-06 (21060007) Amended Approval
12/11/19 AS 19-26 (19120012)1870 Carob Court
New 4,862 sq. ft. hillside residence with 1,349 sq. ft.
lower level garage.
11/27/19 AS 19-23 (19110032)7797 Monterey
Architectural remodel for a beer garden and brew house
in a historic home.
11/27/19 CUP 19-01 (19110033)7797 Monterey
Conditional Use Permit for a beer garden and brew
house in a historic home.
10/16/19 AS 19-22 Foxglove Court Single-family hillside home
10/15/19 AS 19-21 7648 Monterey Re-roofing and rollup door replacement at boxing gym
09/04/19 AS 19-16 (19090002)7300 Monterey
Convert gas station to 40 seat coffee shop (indoor and
outdoor seating area)
06/28/19
AS 19-14 (19060034)
VMD 19-01 E 10th Street
O'Reilly Auto Parts 7,000 sf store with reduced street
sideyard setback along Chestnut Street. (See Also TM
20-02, HP 21-01)
06/24/19 MM 19-08 (#19060027)Obata Way
Extension of approval AS17-23 (expires 7/20/20) - New
warehouse for steel construction company
05/06/19 M 18-29 Monterey Road Sports Complex Phase 3
04/02/19 AS 19-09 (19040007)2281 Banyan Court Single Family Hillside Home
8.A
Packet Pg. 78 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 8
03/20/19 AS 19-07 (1903038)7888 Monterey
Mixed use 3-story bld. 2 commercial "live/work" units +
10 residential units, ground level parking
03/13/19 AS 19-06 (19030026)1975 Saffron Court Single Family Hillside Home
03/05/19 AS 19-05 (190030013)Winter Green Court Single Family Hillside Home
1/7/2019
AS 16-19 (#16080053)
Z 17-03 (#16080006)8955 Monterey
78-unit apartment complex with 9 lower income units
and 4,600 sf commercial space
11/21/18 AS 18-34 (#18110037)9025 Mimosa Court Single Family Hillside Home
11/05/18 TM 16-02 (#16050031)Thomas Lane TM for subdividing 14 single-family residential lots.
10/19/18 AS 18-29 (#18100050)Banyon Street
Single Family Hillside Home. Permit 19030021
submitted.
10/09/18
AS 18-26 (18100023)
CUP 18-05 (#18100024)Monterey
Building and site improvements for Sumano's
commercial bakery
09/20/18 AS 18-22 (#18090026)Foxglove Court Single-Family Hillside Home
09/14/18 AS 18-21 (#18090018)Wild Iris Drive
Single-Family Hillside Home (Building Permit
#19010165). Grading only issued 19100040
09/06/18 AS 18-20 (#18090005)
Southeast corner of Santa Teresa
Blvd and 1st St Architectural modification for 202 townhome units
08/27/18 AS 18-19 (#18080070)1st Street
New 4,016 s.f. commercial building with drive-through
BP 19050180 - BP 19090134 90 day extension
requested (7/2021)
8/26/2018 TM 18-01 and AS 18-03 Hecker Pass/Autumn Drive
Hecker Pass North Cluster - approval expires Nov 2022
per CC extensions.
06/18/18 AS 13-35 & TM 13-11 Santa Teresa Blvd and First St
202 Unit Townhouse Development - Time Extension No
2 (CC Reso 2018-21)
06/11/18 TM 18-02 (#18060015)
North of Santa Teresa, east of
Syrah Dr, and west of Miller Ave.
Subdivision of three Glen Loma Ranch neighborhoods;
Nebbiolo – 103 residential lots, Malvasia – 46 compact
residential lots and The Glen – 23 residential lots.
8.A
Packet Pg. 79 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 9
01/25/18 TM 13-03 (#13040049)
SW of Santa Teresa, S of
Ballybunion/S.Teresa
TM 13-03 Time Extension for Kroeger Subdivision: Six
SFR lots, three open space parcels, and a private street
12/14/17 AS 17-37 (#17120021)
Glen Loma Ranch Town Center
BMR Site BMR Apartments Affordable housing policy exception
10/25/17 AS 17-34 2282 Gunnera Single-Family Hillside Home - Expires 11/30/22
01/26/17 AS 17-02 (#17010029)2475 Hecker Pass Commercial and residential mixed use in HPSD
12/21/16 TM 16-01 Glen Loma Ranch Subdivision for 59 SFR Lots (McCutchin and Palomino)
08/09/16 AS 16-29 8745 Wild Iris Drive New Hillside residence
1/12/2016 AS 14-39 (#14100010)1645 Anson
Subdivision for 6 single-family homes and an 8,600 SF
common open space area - 2 homes remain active
applied status; Permits 16010039, 16030202
8.A
Packet Pg. 80 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 10
City of Gilroy Planning Division - UNDER CONSTRUCTION
Dated:1/12/2022
ISSUED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
2/4/2021
AS 20-09 (20050041) /
CUP 20-01 (20050042)8900 Murray
Murray self storage facility expansion with addition of
new two-story building.
01/06/21
AS 19-12 (19050022)
HP 17-02 (#17070020)
First Street and Kern
Avenue
Jemcor Development four-story 120-unit apartment on
3.4 acre R-4 zoned lot. Permits Issued
11/20/20 AS 19-04 (19030004)7851 Eigleberry Street Adolfo second dwelling; Bldg Permit #19040112
6/25/20 AS 15-37 (#15100042)7320, 7330, 7340 Monterey
Renovation of a downtown URM building. Approved
5/26/17
04/03/20 AS 20-03 (20010033)1505 Welburn Avenue Residential hillside home second floor addition
3/15/2020 AS 20-06 (20030015)Monterey
Vines and Pints building façade modifications in DHD
district.
10/17/19 AS 15-34 (#15100018)360-380 Obata Way
Two industrial lots -- construction storage yards.
Grading permit 18030094 issued 10/17/19
10/04/19 AS 19-20 165 Martin Street Historic Restoration of Single Family Home
09/24/19 AS 19-18 1500 Southside DR
SCRWA Maintenance Facility Upgrades, no expansion
of use
Description: Major planning projects permitted for construction (e.g., building permits issued and pending construction or
occupancy). This information is maintained for tracking, CEQA and traffic modeling. Most planning approvals initially are valid for 1
year (2 years for subdivisions), and shall expire if not implemented or granted an extension. Contact the planning division at
PlanningDivision@CityofGilroy.org or call (408) 8 46-0440 if you have any questions regarding this information.
8.A
Packet Pg. 81 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 11
08/05/19 AS 19-15 9005 Mimosa Court
New single story 3,145 square foot hillside home with
709 square foot garage.
06/27/19 AS 19-13 (19060033)1905 Saffron Court
New swimming pool and retaining walls Hillside zone.
Permti issued P19050179
06/07/19
MM 19-17
(BP#19010082)8797 Monterey
Alpine Landscapes relocation from Murray Ave area to
existing vacant commercial/light industrial building and
site.
04/19/19 AS 19-11 (19040026)8350 Winter Green Court Single Family Hillside Home
04/05/19 AS 19-10 (#19040011)6455 Automall Pkwy.
Filtrexx new 3,250 sq. ft. freestanding metal canopy.
Building Permit #19080090
12/19/18 AS 18-35 (18120021)660 Birdsong Street Addition of 963 sq.ft to existing residence in an R1 PUD
11/07/18 AS 18-32 (#18110014)8950 Mimosa Court Single Family Hillside Home
10/16/18 AS 18-27 (#18100043)Forest Street
New 11,796 Sq.Ft Industrial Building (Building Permit
#19100106)
10/08/18
AS 18-25 (#18100020)
and TM 16-03
(#16080041)Miller Ave. & Santa Teresa
Blanc and Noir (formerly the Grove) neighborhood in
Glen Loma Ranch: 113 single-famiy dwelling units
09/11/18 M 18-25 (#18090009)Citywide Land Management System (LMS) Acquisition
08/16/18 AS 18-16 (#18080044)Syrah Court
Burgundy (Formerly Home Ranch) Neighborhood in
Glen Loma Ranch: 52 single-family detached homes
08/16/18 AS 18-17 (#18080045)
S of Solorsano Middle
School; E of Santa Teresa
Margaux (Formerly Montonico) Neighborhood in Glen
Loma Ranch: 84 single-family detached homes
08/09/18 AS 18-14 (#18080026)Merlot Drive
Provence (Formerly Wild Chestnut) Neighborhood in
Glen Loma Ranch: 43 single-family detached homes
8.A
Packet Pg. 82 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 12
05/04/18 AS 18-10 (#18050024)1981 Lavender Way New 3,715 sq. ft. Single-Family Hillside Home
03/14/18 AS 17-19 (#17040037)8735 Wild Iris Drive
Single-Family Hillside Home. P18030015 Issued
10/11/18
03/07/18 AS 17-18 Gurries New 2,846 sf duplex on R3 zone parcel
02/01/18 AS 18-05 (#18020002)
E of Miller btwn Santa
Teresa & Luchessa
Glen Loma Ranch private park with trail, dog park, and
other amentities.
01/17/18 AS 18-04 8955 Mimosa Ct.New 4,418 sf Hillside home.
12/15/17 AS 17-37 (#17120021)Santa Teresa Blvd New 158-unit apartment project in Glen Loma Ranch
10/25/17 DUP 17-03 (#17100049)7373 Monterey Lonely Oak Brewery. P18040068
10/13/17 AS 16-30 7430 Sunningdale Way Hillside residence
04/03/17 AS 17-16 (#17040001)Hollyhock Lane Single-Family Hillside Home. Building Permit 18040102
03/30/17 AS 17-15 (#17030085)6545 Eagle Ridge
Proposed single-family hillside residential
development on 16-lot subdivision in Eagle Ridge;
Permit 18110019, 26, 27 and 29 issued for retaining
wall, temporary power and fire sprinkler
03/21/17 AS 17-13 (#17030062)1820 Carob Court
Single-Family Hillside Home. Permits18040085 &
19030092 issued for ADU
03/09/17 AS 17-11 2185 Hollyhock New 4,878 sf Hillside residence
03/07/17 AS 17-09 9010 Tea Tree Way New 4,000 sf Hillside residence
02/07/17 AS 17-05 2242 Columbine New 5,027sf Hillside Residence
8.A
Packet Pg. 83 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Approved Project Log 13
02/06/17 AS 17-04 205 Mayock Road
Addition of 10,000 sf to industrial building. Building
Permit 17080178
10/25/16 AS 16-47 (#16100026)Wild Iris Drive Single Family Hillside Home. Permit 18030127
09/04/16
AS 17-12 (#17030051)
TM 17-01 (#17030052)North of Santa Teresa Blvd
Tentative Maps for Glen Loma Ranch Town Center
Multi-Family Area 125-unit townhomes
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Packet Pg. 84 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Completed Development Log 14
City of Gilroy Planning Division - COMPLETED/EXPIRED
Dated:1/12/2022
FINISHED PROJECT #LOCATION PROJECT NAME & DESCRIPTION
11/29/21 M 21-27 (21100026)700 W 6th Street
DRG for 19 single family residences and a new cul-de-
sac
10/25/21 TUP 21-10 (21100039)500 Automall Drive Tesla Temporary office trailer for use during construction
10/12/2021 TUP 21-09 7151 Camino Arroyo Lowe's TUP for Christmas Trees
7/15/2021 M 21-14 (21060010)7760 Monterey Road DRG Preapp for four story mixed use building
07/01/21 AS 16-25 (#16060050)Silacci Way
New 91,045 SF for contractor truck parking and
equipment yard. Build Permit 19020025 applied 2/5/19 -
EXPIRED IN PLAN CHECK 7/1/2021
07/01/21 AS 14-38 Eagle Ridge
Hillside residence (Bldg Permit 17050137) - EXPIRED IN
PLAN CHECK 7/1/2021
05/13/21
CUP 21-01 (also TUP 21-
01)681 Leavesly Outlets Farmers Market @ Outlets parking lot
4/21/2021
AS 21-07 (21040029) -
Withrdrawn 7273 Eigleberry
Multi-family four new units attached to existing house.
Withdrawn. Pursuing ADUs Only
03/05/21 AS 15-38 2241 Columbine Hillside residence
01/13/21 AS 16-39 1980 Lavender Way Hillside residence
01/07/21 M 21-01 (21010002 3050 Hecker Pass Gilroy Garlic Festival Special Event for 2021
07/29/20
AS 17-25 (#17070046)
Z18-05 (18080018)
1405 1st Street and Kelton
Avenue
New 12,000 sf commercial center in C3 PUD.
P18120128,29,30 etc
Description: This list covers activities and development that have been completed within the past two years (e.g., built, expired or
completed). Projects will be removed once they are and accounted for in the City Traffic Model (i.e. occupied or expired for at least 1
year). Contact staff at PlanningDivision@CityofGilroy.org or call (408) 846-0440 if you have any questions regarding this information.
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Packet Pg. 85 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)
Planning Completed Development Log 15
6/29/2020 AS 20-11 (20060035)Monterey Alpine Landscaping Remodel of Existing Site
05/14/20 AS 18-18 (#18080051)255 Mayock Road
New 16,340 s.f industrial warehouse building-
APPROVAL EXPIRED 5-14-20
5/1/2020 M 20-19 Citywide Outdoor Dining Registrations (ongoing)
11/27/19 AS 19-24 (19110035)10 West 7th Street
Remodel of an existing commercial building, EXPIRED
10/9/21
11/05/19 AS 16-26 2261 Mantelli Drive Hillside residence with an ADU
12/19/18 AS 17-35 (#17100050)Strawberry Lane
Hillside Home (Bldg Permit #19060072) - EXPIRED IN
PLAN CHECK
7/1/2021 TM 21-01 405 Las Animas Ave.Two lot split of a 2.54 acre lot
10/29/21 M 21-28( 21100030)710 Renz Lane DRG Pre-application review for a new hotel building
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Packet Pg. 86 Communication: Planning Division - Current Projects Log (INFORMATIONAL ITEMS)