Resolution 1995-03
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RESOLUTION NO. 95-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY CONDITIONALLY APPROVING APPLICATION
PUD: A/S 94-27, PLANNED UNIT DEVELOPMENT
DESIGN APPROVAL, TO ALLOW DEVELOPMENT OF PHASE
V OF A COMMERCIAL RETAIL COMPLEX AT 8555 SAN
YSIDRO AVENUE, NORTH OF LEAVESLEY ROAD,
APN 835-04-056.
WHEREAS, the Glen Loma Corporation has made application
PUD: A/S 94-22, for a Planned Unit Development ("PUD") design
approval, to allow construction of 71,380 square feet of retail
space at the Gilroy Outlet Center, a commercial retail complex,
located on an approximately 6.4 acre parcel at 8555 San Ysidro
Avenue, North of Leavesley Road, APN 835-04-056; and,
WHEREAS, the subject project constitutes Phase V of
development of the Gilroy Outlet Center, construction of the prior
four Phases having been undertaken in accordance with approvals
granted by the City under GPA A/S 88-37, A/S 90-19, A/S 92-02, and
A/S 93-15; and,
WHEREAS, the City has prepared and circulated in accord-
ance with the California Environmental Quality Act ("CEQA") an
Environmental Impact Report ("EIR") for GPA 90-05, a project the
environmental review of which encompasses this project; and,
WHEREAS, on September 21, 1992, this City Council, upon
recommendation of the Gilroy City Planning Commission, duly
certified the EIR with fifty six mitigation measures; and,
WHEREAS, the Planning Commission held a duly noticed
public hearing on PUD: A/S 94-27 on December 1, 1994 and after that
public hearing voted to recommend approval of PUD: A/S 94-27,
subject to the 16 conditions listed in the Planning Staff Report
on the matter dated November 18, 1994, such staff report being
attached hereto as Exhibit A and incorporated herein by this
reference; and,
RESOLUTION NO. 95-3
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WHEREAS, in addition to the 16 conditions listed in the
staff report, the Commission recommended that two additional
conditions be attached to this Council's approval of AjS 94-27 to
read as follows:
Condition # 17: "Alternates of signage proposed to face
the highway are to be designed to permit no more
illumination than that which is necessary for visibility,
and such signage shall be uniform and presented to the
city Council for their selection."
Condition # 18: "A building permit shall not be issued
until a CalTrans encroachment permit has been approved
and received by the City of Gilroy for the improvements
at the intersection of San Ysidro Avenue and Leavesley
Road."; and,
WHEREAS, this city Council held a duly noticed public
hearing on PUD: AjS 94-27 on December 19, 1994, at which public
hearing the Council considered the project and the conditions
proposed to be attached to its approval along with staff reports,
public testimony and documentation or other evidence on the project
and, based upon substantial evidence produced both in writing and
orally, resolved that the project should be approved; and,
WHEREAS, also based upon substantial evidence, the
Council approved of the Planning commission's proposed additional
two conditions; and,
WHEREAS, the location and custodian of the documents or
other materials which constitute the record of proceedings upon
which this resolution is based is the Office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The Council finds as follows:
1. The Council hereby adopts for AjS 94-27 the EIR
and all 56 mitigation measures and the mitigation monitoring
program applicable to each Development Phase of the Gilroy Outlet
Center.
RESOLUTION NO. 95-3
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2. There is no substantial evidence that this
project as mitigated may have a significant effect on the environ-
ment.
B. The City Council further finds that:
1. The project is consistent with the Gilroy
General Plan because it conforms to the land use designation for
the property on the General Plan Map, and it is consistent with the
intent of the text, goals, and policies of the General Plan
documents.
2. The proposed development is consistent with the
findings (a) through (i) as required in section 50.55 of the Gilroy
Zoning Ordinance.
c. A/S 94-22 should be and hereby is approved, sUbject
to all 56 mitigation measures required to be implemented in
connection with development of the Gilroy Outlet Center under GPA
90-05, and subject to the 16 conditions contained in the staff
report (Exhibit A) and the two additional conditions as recommended
by the Planning Commission and recited above.
PASSED AND ADOPTED this 3rd day of January, 1995 by the
following vote:
AYES:
COUNCILMEMBERS:
KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ and GAGE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
GILROY
j,
Donald F. Gage, M r
Steinmetz,
RESOLUTION NO. 95-3
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Plannin"Departmen.
STAFF REPORT
November 18, 1994
FILE NUMBER:
poo: A/S 94-27
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APPLICANT:
The Glen Lama corporation (c/o craig Filice)
LOCATION:
8555 San Ysidro Avenue, north of Leavesley Road
(between super 8 motel and the MAx Club)
STAFF PLANNER: william Faus
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REOUESTED ACTION:
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planned unit Development (POO) approval, through the Architectural & site
Review process, far development of phase V plans far the Gilroy outlet
Center, a commercial retail complex.
Note: If property is located within a planned Unit Development (POD)
combining district, the Planning commission and the City council must
approve the project prior to building permit issuance.
{Zoning Ordinance section 50.50}
DESCRIPTION OF PROPERTY:
parcel No.:
Parcel Size:
portion of 835-04-056
approximately 6.4 acres
STATUS OF PROPERTY:
Existinq Land Use
Undeveloped
General Plan Desicnation
General Services Commercial
Zoninq
C3-PUD
STATUS OF SURROUNDING PROPERTY:
Existinq Land Use
N: Max club
S: Super 8 Motel
E: Phase IV outlet Center
W: south valley Freeway
General plan Desiqnation
General Services commercial
Visitor Serving commercial
General Services commercial
circulation, Freeway
zoninq
C3-PUD
BC
C3-PUD
N/A
EXHIBIT A
2
11/18/94
POD: A/S 94-27
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CORFoRMAlll'CE OF REOUI!:S~ lfrn ~ PLlIR',
The proposed project conforms to the land use designation far the property
an the General Plan map, and is consistent with the intent of the text of
the General Plan document.
POLICY 1I-8 {as amended by GPA 92-01}
The land east of the South Valley Freeway will be restricted to industrial
and agricultural Use except far cOllllllElrcial developments which draw a clear
majority of customers fram outside of Gilroy, in accordance with criteria (
established by the City of Gilroy. The City will encourage the maintenance
of agricultural uses in all undeveloped industrially designated areas.
POLICY V-ll
New commercial uses will be encouraged to group into clustered areas or
centers containing professional offices, retail sales and services. These
Uses will not be permitted to occur in a strip form of development (shallow
depth, linear farm).
ENVIRONMENTAL IMPACTS:
A prior Environmental Impact Report (GPA 90-05) was prepared which involved
the subject property. The EIR was certified by the City Council an 9/21/92
with fifty-six mitigation measures, Specific Findings, and a Statement of
OVerriding Considerations.
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All fifty-six mitigation measures will be applied to the subject project in
order to reduce and/or eliminate all potential significant impacts to a
level of inSignificance, as required under the California Environmental
Quality Act (CEQA).
BACKGROUND:
PHASE I: In 1988 the Southpoint Business Park (formerly Las Animas
Technology Park) requested that 10.7t acres of highway commercial property
be used far phase I of an outlet Center to be constructed with 98,640
sg.ft. of retail space (A/S 88-37). The request to allow retail uses an
the land zoned HC-POD (Highway Commercial-Planned Unit Development) Was
allowed because of the flexibility of the POD prOviSions, and the findings
made by the Planning COmmission that the Uses in the OUtlet Center would
attract -primarily visitars.,tO...the-region oand_not_10ca1 residents. The
construction of phase I was completed in 1990.
PHASE II: Shortly after the completion of Phase I, a request far Phase II
on 9.6t acres Was made (A/S 90-19), adding 113,883 sg.ft. to center. The
request was approved under the provisions of the earlier POD: A/S 88-37
conditions of approval. Construction of Phase II was completed in 1991.
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POD: A/S 94-27
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11/18/94
PHASE III: Planning far Phase III of the outlet Center began with the
submittal of General Plan Amendment GPA 90-06. 1'his request involved SOt
acres, and included the Phase III site (14t acres) at the southeast corner
of Leavesley Road and Arroyo Circle. 1'he GPA application requested a land
Use change from the existing VISITOR SERVING COHMERCIAL and GENERAL
INDUS'1'RIAL to GENERAL SERVICES COMMERCIAL. In addition, the applicant
requested to eliminate the original Specific Plan overlay on the industrial
park. on January 21, 1992, the City Council approved GPA 90-06. On March
16, 1992, the City Council approved Zone Change request Z 92-03 rezoning
the property (which also included OUtlet Phase I . II) to C3 (Shopping
Center commercial), consistent with the prior GPA approval. Subsequently,
an Architectural. site Review request far Phase III was made (A/S 92-02),
with 145,962 sq.ft. Construction far Phase III was completed in late 1992.
PHASE IV: planning for phase IV began with the submittal of General Plan
Amendment GPA 90-05 far property at the northeast carner of Leavesley Road
and San Ysidro Avenue. The GPA application requested a land Use change
from Industrial Park and Visitor serving Commercial to General Services
Commercial. On September 21, 1992, the City Council approved GPA 90-05.
In addition, at their meeting of September 21, 1992, the City Council
adopted the fallowing polices regarding future commercial development east
of U.s. 101:
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t1. Require a fiscal analysis as part of the environmental review for all
new commercial developments greater than five (S} acres east of u.s.
101. A fiscal analysis was completed within the Environmental Impact
Report (GPA 90-05). as part of the environmental review far the project.
t2. Require all new commercial projects greater than five (S} acres east of
U.s. 101 to be zoned Planned _unit Development. 1'he site for phase IV
was zoned C3-PUD (Shopping Center Commercial, Planned Unit
Development) .
On February 16, 1993, the City Council approved Zone Change request Z 92-08
rezoning the property to C3-PUD, consistent with the prior GPA approval.
Subsequently, an Architectural. Site Review request far Phase IV was made
(A/S 93-15), with 183,320 sq.ft. Construction far Phase IV was completed
in October 1994.
ANALYSIS OF REQUEST:
Under this. plannE\d,_U~t_ .[)evelQP~nt._(l1t!PL'p:r;Q.Pos,al, ,~.he_ <lpp!icant is
requesting approval in order to commence construction an Phase V (final
phase) of the Gilroy Outlet Center with 71,380 square feet of retail
space. The applicant (The Glen Lama Corporation) is proposing a concept
that is identical to the prior outlet phases, where commercial retail space
will be leased aut to individual manufacturers as .out1et" stares. The
retail businesses within the center will vary in size with one expected
major tenant.
, , POD":' A/S 94-27
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Phase 1:
Phase 2:
Phase 3:
Phase 4:
Phase 5:
.................................................................
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1l/18/94
!l'OTALs :
........................................................................
so. FT.
98,640
113,883
145,962
183,320
71,380
-PA!UtING _
686 stalls
492 stalls
738 stalls
972 stalls
309 stalls
AATIO
6.95 per 1000 sq.ft.
4.32 per 1000 sq.ft.
5.06 per 1000 sq.ft.
5.30 per 1000 Sq.ft.
4.33 per 1000 sq.ft.
613,185
3,197 stalls
5.21 per 1000 sq.ft.
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proposed signage along the rear of the bUilding.
PROPOSE]) SIGli'AGl!:
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Ordinance in t~ respects:
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POD: A/s 94-27
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11/18/94
t2. Freewav siqn at 192 square feet in area. zoning ordinance section
37.51 allows freeway signage up to a maximum area of 150 sq.ft. In
order to provide direction far southbound traffic, the applicant would
like to construct a freeway sign almost identical to their other sign
located on the Phase I site and positioned primarily far northbound
traffic. This sign would be smaller (192 sq.ft. as apposed to 400
sq.ft.) and shorter (60' as apposed to 85'). As submitted by the
applicant, the proposed sign would have only the words .OUTLET CENTER"
printed an the face. Because of the conservative sign criteria
developed by the applicant far the entire outlet center complex, staff
believes that the 42 additional square feet in sign area for the
freeway sign is a reasonable request.
P'I!lDIlfGS,
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In order to grant Planned unit Development (POO) approval, the Planning
commission and City council must find that the proposed planned Unit
.Development will:
A. conform to the Gilroy General Plan in terms of general location and
standards of development;
B. provide the type of development which will fill a specific need of the
surrounding area;
C. Not require urban services beyond those which are currently available,
D. Provide a harmonious, integrated plan which justifies exceptions, if
such are required, to the normal requirements of this ordinance;
E. Reflect an economical and efficient pattern of land uses;
F. Include greater provisions far landscaping and open space than would
generally be required;
G. Utilize aesthetic design principles to create attractive buildings and
open areas which blend with the character of surrounding areas;
B. Not create traffic congestion, noise, odor, or other adverse effects on
surrounding areas; and
I. Provide adequate access, parking, landscaping, trash areas and storage,
as necessary..
STAFF RECOMMENDATION:
staff recommends that the Planning Commission forward a recommendation to
the City council to approve this request far the fallowing reasons:
(A) The proposed project conforms to the land use designation far the
property on the General plan map, and is consistent with the intent of
the_text.. of.. the_ General~lan_.docUll1ent; .. __. . . .._
(B) Public utilities and infrastructure improvements needed in order to
serve the proposed project are in close proximity along and San Ysidro
Avenue;
(C) There will be no significant environmental impacts as a result of this
project due to the required mitigation measures to be applied at the
development stage; and
(D) As submitted, the proposed development is consistent with the necessary
PUD Findings A through I, as stated under Zoning Ordinance section
50.55.
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POD: A/S 94-27
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11/18/94
IF APPROVED. STAFF RECOMMENDS THAT THE FOLLOWING CONDITIONS BE PLACED ON
THE PROJECT:
1. Landscaping: Landscaping plans including specifications far an
irrigation system shall be approved by the Planning Director in
accordance with the city's Consolidated Landscaping policy, prior to
issuance of a building permit. The landscaping shall be continuously
maintained in an orderly, live, healthy, and relatively weed-free
condition, in accordance with the adapted landscaping policy.
2. Trash Enclosures: All trash enclosures shall consist of visually solid
fences and gates, six (6) feet in height, in accordance with the
adopted City of Gilroy standard trash enclosure design plan, or a
similar design approved by the Planning Director. All trash enclosures
shall be located in accordance with the approved site plan and oniform
Fire Code.
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3. Exterior Lighting: No unobstructed beam of exterior lighting shall be
directed outwa~d from the site toward any residential use or public
right-of-way.
4. Mechanical Appurtenances: Mechanical equipment to be located an the
roof of a building shall be screened by an architectural feature of the
building such that it cannot be seen from ground level at the far side
of the adjacent public right-of-way, whenever possible.
5. off-site street improvements on san Ysidro Avenue, to include the
location and width. of all driveway curb cuts, shall be subject to tbe
review and approval by the Director of Public Works.
C--
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6. All curb cuts far access drives shall be constructed at a mLO~
distance of ten (10) feet from adjacent fire hydrants and/or street
light pales.
7. The developer shall separate the business water system from the
landscaping system and provide an individual meter far each in
accordance with City of Gilroy standard Details.
8. All Utility lines to and adjacent to the site shall be located
underground, subject to tbe review and approval by the Director of
Public Works.
9. The design far storm drainage improvements, both on and off site, shall
be provided by the developer, subject to the review and approval by the
Department-of. publi.e-works-and.-the..sant& ~lara-Valley. Water District.
10. The developer shall provide an emergency access roadway to within one
hundred fifty feet (150') of the front side of the main structure
during project construction, subject to the review and approval by the
Fire Department.
11. The developer shall provide and install KnoX Boxes far each business,
subject to the review and approval by the Fire Department.
PlID': A/S 94-27 .
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1l/rS/94 .
12. The applicant/developer shall install fire hydrants on the project
site. Specific hydrant locations and water main sizing shall be
subject to the review and approval hy the Fire and Public works
Departments; and
A. Pipes which serve as fire sprinkler services are subject to the
specifications of the Gilroy Fire Department once they depart from
the City main and anyon-site or off-site hydrant system and must
have a city standard valve intervening; and
B. Inspection of an-site hydrants and water mains supplying them will
be the responsibility of the Fire Department.
13. The applicant ehall develop a comprehensive sign program far all
project signage (with consistency between front and rear signage),
eubject to Planning Department review and approval.
14. The developer shall provide public restroom facilities that are
centrally located within the center, in addition to adequate
directional signage, subject to the review and approval by the Planning
Department.
15. The architectural treatment far that portion of the center facing the
freeway shall be carefully reviewed. The final design for this portion
of the center shall be subject to the review and approval by the
Planning Department.
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16. All fifty-six (56), MITIGATION MEASURES approved by the City council
under General plan Amendment GPA 90-05 shall be applied to the project
approval in order to reduce and/or eliminate all potential significant
impacts to a level of insignificance, as required under the California
Environmental Quality Act (CEQA).
Respectfully,
)tdJ Po----
Michael Dorn
Director of Planning
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12-1-94
At their meeting o( December 1, 1994, the Planning CommiqioD, by a vote of
5-2-0 (Commissionen Arellano and Puente voted no), recommended
approval o( AJS 94-27, snbject to 16 conditions as set forth in the staft'report,
plus two additiooaI conditions recommended as (nDows:
Corulition #17. Alternates o( signage proposed to face the highway are to be
designed to permit no more illumination than that which is n-eslary (or
visibility, and that such signage be uniform and presented to the CIty
Council (or their selection.
(
Corulition #18. A building permit shaD not be issued until a CalTrans
encroachment permit has been approved and received by the CIty o( Gilroy
(or the improvements at the intenection of San Ysidro Avenue and Leavesley
Road.
AYES:
NAYES:
ABSENT:
Bucbanan, Cooper, Gage, Suyeyasu, Lai
AreUano, Puente
None
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I, SUSANNE E. STEINMETZ, city Clerk of the city of Gilroy, do
hereby certify that the attached Resolution No. 95 3
is an original
resolution, duly adapted by the Council of the city of Gilroy at a regular
meeting of said Council held an the 3rd day of
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Januarv
, 19-22-,
Official Seal of the City of Gilroy this ~ day of
Januarv
,1995.
(Seal)