Resolution 1995-19
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RESOLUTION NO. 95-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY CONDITIONALLY APPROVING APPLICATION
A/S 93-05, PLANNED UNIT DEVELOPMENT DESIGN
APPROVAL, TO ALLOW CONSTRUCTION OF A TRUCK
STOP COMPLEX ON PROPERTY FRONTING THE EAST
SIDE OF MONTEREY STREET AT THE MONTEREY STREET
INTERCHANGE, APN 841-14-067.
WHEREAS, MVW Partners and Howard Vierra have made
application PUD: A/S 93-05, for planned unit development approval
of construction on a five-parcel subdivision on approximately 14.78
acres of land fronting the east side of Monterey Street at the
Monterey Street Interchange and baCking to the Southern Pacific
railway right-of-way, APN 841-14-067, such property as is outlined
on the map attached hereto as Exhibit "A" and incorporated herein
by this reference; and,
WHEREAS, the design approval sought under this planned
unit development application will enable construction of a truck
stop complex, the development of which has also involved a general
plan amendment approval, GPA 94-02, a rezoning, Z 92-07, and a
tentative map, TM 92-03, which created the 5 parcels on which the
Truck stop will be developed; and,
WHEREAS, the City prepared and circulated in connection
with GPA 94-02 an expanded initial study in accordance with the
California Environmental Quality Act ("CEQA"), which initial study
analyzed the specific development which is the subject of A/S 93-
05; and,
WHEREAS, this City Council, following a duly noticed
public hearing on GPA 94-02 on January 17, 1995, adopted a negative
declaration for the initial study and approved the same as having
been completed in compliance with CEQA and reflecting the
independent judgement of the city, and resolved that GPA 94-02
should be approved; and,
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RESOLUTION NO. 95-19
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WHEREAS, the Gilroy city Planning commission, at their
duly noticed public meeting on February 2, 1995, voted to recommend
approval of PUD: A/S 93-05, subject to 25 conditions as set forth
in that certain revised staff report dated January 26, 1995, which
staff report is attached hereto as Exhibit "B" and incorporated
herein by this reference, with one change being made to Condition
# 2; and,
WHEREAS, this city Council, at its duly notice public
meeting on February 27, 1995, considered the project along with the
proposed conditions and, based upon substantial evidence produced
and before the council, resolved that the proj ect should be
conditionally approved as so recommended by the Planning
Commission; and,
WHEREAS, the location and custodian of the documents or
other material 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 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.
3. There is no substantial evidence that the project
as mitigated may have a significant effect on the environment.
4. The Negative Declaration prepared for GPA 94-02,
which this Council has previously found has been prepared in
accordance with CEQA and reflects the independent judgment of the
City, applies to this project.
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RESOLUTION NO. 95-19
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B. PUD: A/S 94-25 should be and hereby is approved, subject
to the mitigation measures and mitigation monitoring program set
forth in the Negative Declaration for GPA 94-02 and subject to the
25 conditions contained in Exhibit B, with amendment to the wording
of Condition # 2 to read as follows:
"condition f 2. The specific truck stop uses
will require a Conditional Use permit, prior to
building permit issuance, subject to Planning
commission review and approval. This action
should be submitted simultaneously with the
Architectural and site Review application for
the truck stop portion of the development."
PASSED AND ADOPTED this 6th day of March, 1995 by the
following vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROGERS, ROWLISON, VALDEZ, GAGE
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
ATTEST:
Susanne E.
RESOLUTION NO. 95-19
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LOCA.TION IVIA.P
FOR TIVI 92-03
A.ND PUD: A./S 93-05'
EXHIBIT "A"
'Planning _epartment ·
STAFF REPORT
January 26, 199:
FILE NUMBER:
A\S 93-05 (planned Unit Development Design Review)
APPLICANT:
MVW Partners (c/o Howard Vierra)
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LOCATION:
Propeny fronting the east side of Monterey Street at the Monterey Street freewa'
interchange, and backing to the Southern Pacific railway right-of-way
STAFF PLANNER: William Faus
REOUESTED ACTION:
The applicant is requesting generalized site Design Review approval within a PUD combining zone of CM
PUD, that will allow the development of five parcels under one integrated site plan design for a truck 5tOj
complex.
Parcel No:
Parcel Size:
Flood Zone:
841-14-067 and a portion of the adjacent CalTrans right-of-way
approximately 14,78= acres (2.18= acres are under CalTrans authority)
"A", panel # 060340 0004D, dated 09/04/87
(revised with a LOMAR dated 04/18191)
STATUS OF PROPERTY:
Existine Land Use
Fallow Agricultural Land
CalTrans Right-of-Way
General Plan DesilZJ\ation
General Services Commercial
General Services Commercial
Zonine
CM-PUD
CM-PUD
STATUS OF SURROUNDING PROPERTY:
North:
Existine Land Use
South Valley Freeway
Mixed Industrial Uses
Mixed Industrial Uses
Vacant Parcel
South Valley Freeway
Gas Station
East:
South:
West:
General Plan DesilZJ\ation
CirculationiFreeway
General Industrial
General Industrial
Industrial Park
CirculationiFreeway
Visitor Serving Commercial
Zonine
NIA
M2
M2
M1
NIA
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EXHIBIT "B"
, PUD: A/S 93-05 .
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CONFORMANCE OF REOUEST WITH GENERAL PLAN:
The proposed general site Design Review request is substantially consistent with land use designation for tl-
property on the General Plan map (GENERAL SERVICES COMMERCIAL). In addition, the proposed proje<
is generally consistent with the intent of the text of the General Plan document. The proposed site design revil:'
request is also consistent with the following SOUTH COUNTY JOINT AREA PLAN policies (adopted by tr
City Council on 05/15/89):
20.00 TRUCK STOPS
"Truck stops should be located near major truck routes, and because oftbeir demand for higher levels of p~ ...
and fire protection, and the nature and range of activities they generate, proposals to develop truck stops shoui
be thoroughly evaluated for a variety of locational, environmental, fiscal, and safety-related considerations..
20.04
"Those truck stops which are allowed within the Cities of the South County should be located near maj(
trucking routes in an area which will serve the maximum number of truckers, thereby minimizing the need f(
additional truck serving facilities, and minimizing the impacts oftruck traffic on the community."
ENVIReNMENTAL IMPACTS:
An expanded Initial Study was prepared under General Plan Amendment request GP A 94-02, involvin" +.
subject 14.78:10 acre site. The expanded Initial Study, addressing the project, was independently review.
City staff and reflects the independent judgement of the City of Gilroy. The Initial Study identified potential
significant effects on the environment, however, the applicant has agreed to specific revisions in the proje.
and/or individual mitigation measures will be applied to the project which avoid or mitigate the effects to a poil
where no significant effects will occur. There is no substantial evidence that the proposed project, as revise.
may have a significant effect on the environment. Therefore, a Negative Declaration was prepared ar
approved under GPA 94-02 (adopted by the City Council on January 17, 1995.
RELATED APPLICA nONS:
GPA 94-02:
A General Plan Amendment proposal that changed the prior General Plan land use map designation frO]
INDUS1RlAL PARK and OPEN SPACE to GENERAL SERVICES COMMERCIAL, on 14.78:1: acres oflan.
This request was approved by the City Council on January 17, 1995.
Z 92-07:
A Zone Change request that changed the zoning designation on 14.78:1: acres ofland from the prior Ml (Limite
Industrial, l2.60:!:: acres owned by the applicant) and OS (Open Space, 2.18:: acres under CaITrans authorit:
to CM-PUD (Commercial Industrial, Planned Unit Development). This request was approved by the Cn
Council on January 17,1995.
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, PUD: AIS 93-05 .
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TM 92-03:
A Tentative Map request that will create five parcels, each zoned CM-PUD. The five proposed parcels wil
range in size from approximately 1. I:!: to 7.7:!: acres. A circular public street, connecting to Monterey Stree
at two separate locations, will facilitate all access to the five parcels. This tentative map request is part of th,
subject PUD submittals.
BACKGROUND:
The applicant, Howard Vierra representing MVW Partners, is currently finalizing mapping work with th.
California Department ofTransportation (CalTrans) in order to acquire the access rights to Monterey Street an,
to purchase a small triangular piece of property immediately adjacent to the project site to the northwest. Thi:
property is delineated as a dashed line on the submitted PUD site plan. The applicant would like to acquire th.
small triangular parcel in order to provide a secondary access point and help mitigate potential traffic concern:
expressed by the City Department of fublic Works, tbe environmental traffic consultant, and CalTrans. Recen
Staff discussions with CalTrans on 01/25/95 indicate that the applicant's request will be completed by CalTran:
staff in the next 30-t0-60 days, with final approval to be granted by the CTC (California TransponatiOl
Commission) 30 days following.
ANALYSIS OF REOUEST:
The proposed general site Design Review request will allow the applicant to develop on five independen
parcels as an integrated truck stop complex on property zoned CM-PUD (Commercial Industrial, Planned Uni
Development). The five parcels (as proposed under 1M 92-03) will range in size from approximately I. I:!: te
about 7.7:!: acres. A circular public street pattern, connecting to Monterey Street at two separate locations, wil
facilitate all access drives. No private access driveways directly to Monterey Street are proposed, with thl
exception of an "exit-only" curb cut for parcel one. As submitted, the proposed Design Review application tha.
will allow the applicant to develop the five CM-PUD parcels under one consolidated site plan design, with thl
following proposed uses:
Parcel #1: Fast Food Restaurant
Parcel #2: Full Service Restaurant
Parcel #3: Motel
Parcel #4: Public Mini-Storage Facility
Parcel #5: Truck & Auto Fueling, Parking, and Mini-Mart
The applicant does not have specific architectUral construction plans for any of the proposed businesses at thi:
time. Staff anticipates that improvement plans for each individual parcel would be developed under the City':
Architectural & Site Review procedures, subject to the Planning Director's approval and a finding that thl
proposal is substantially consistent with the overall PUD Design Review, as reviewed and approved under thi:
application by the Planning Commission and City CounciL Staff is recommending that the subject buildinf
designs (when submitted) be reviewed by staff only through the normal ArchitectUral & Site design revie'"
procedures, rather than full Planning Commission and City Council review, if the future building design:
conform to this approvaL In addition, the specific truck stop uses will require a Conditional Use Permit, prim
to building permit issuance, subject to Planning Commission review and approval. This action should bl
submitted simultaneously with the Architectural & Site Review application for the truck stop portion of thl
development.
. PUD: A/S 93-05.
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Parcel #1. Fast Food Restaurant:
Located at the southwest comer of the development site, Parcel #1 will have direct frontage along Monter.
Street, with secondary frontage along the new circular public street. A private drive, delineated as a 4
easement located between Parcel #1 and #5, will connect the entire truck stop complex with undevelop.
property to the south. Parcel # 1 will be afforded access from this private drive, which intersects with tI
new public street. In addition, Parcel #1 will be developed with an "exit-only. curb-cut onto Monter.
Street in order to reduce potential heavy traffic at the main intersection with Monterey Street. With I
specific tenant at this time, exact building details are not available yet.
Parcel #2. . Full Service Restaurant:
Located with direct frontage along Monterey Street, Parcel #2 will have secondary frontage along the ne
circular street. All street access will be provide from the new public street, with additional access afford!
from a common parking lot shared with adjacent Parcel #3 (proposed motel). The proposed full servi(
restaurant will occupy the southwest comer of the parcel, facing directly onto Monterey Street. Tl
applicant expects a restaurant with a gross floor area of approximately 5,400 square feet, and a seatir
capacity at about 192 seats. With no specific tenant at this time, exact building details are not available Yf
Parcel #3. Motel:
Located with direct frontage along Monterey Street, Parcel #3 will have secondary frontage along the ne
circular street. All street access will be provided from the new public street, with additional access afford.
from a common parking lot shared with adjacent Parcel #2 (the proposed Full Service Restaurant). TI
applicant expects the motel to be two stories in height (note: the underlying CM zone permits a maximu
building height of two stories or 35 feet). Under existing PUD provisions, the applicant could su!>'"
subsequent PUD Architectural & Site Review plans for a structure higher than two stories, subject t,
review and approval by the Planning Commission and the City Council. With no specific tenant at this rim
exact building details are not available yet.
Parcel #4. Public Mini-Storal!e Facilitv:
Located at the far northwest comer of the site, Parcel #4 will be developed as a single story mini-stoTll!
facility with approximately 50,500::t square feet of storage area. A single driveway will provide access,
the site from the new circular public street. Buildings will be setback the minimum 15' from Monten
Street and the new public street. The applicant has expressed their desire to maintain architectural integri
and consistency with the rest ofthe truck stop complex for the future mini-storage buildings. Staff expec
the required 15' building setback area will be heavily landscaped in order to soften the proposed stora!
buildings.
Parcel #5. Truck & Auto FueIinl!. Parkine. and Mini-Mart:
Parcel #5 extends the entire length of the project site in a north-south orientation. and provides easy acce:
to truck parking from any of the other four parcels. The proposed site design separates truck uses fro:
passenger vehicle uses in order to minimize traffic conflicts and maximize parking space dynamics. n
mini-mart / gas station will be located directly adjacent to the proposed fastfood restaurant, hopeful
keeping the bulk of car traffic within the interior parking lots. Most truck activities and traffic will foct
within the southern part of parcel #5 with proposed truck fueling, weigh station, trucker's lounge & shower
and the bulk oftruck parking. In addition to the truck uses, a drainage detention basin will be constructf
in the far southeastern comer of the project site in order to mitigate potential storm drainage impacts.
" PUD: A/S 93-05.
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OveraIl, the proposed site plan configuration will help facilitate an integrated truck stop faCIlity. Parcel #~
truck fueling & parking, extends the entire length of the project site providing easy trucker access to the othc
ancillary uses (fast food, restaurant, motel, mini-mart). In addition, an access point is provided to the adjoinin
parcel to the south in order to minimize increased traffic on Monterey Street. and help eliminate the creatio
of undesirable strip commercial development The site design separates truck and car parking which will hel
facilitate the operation of the complex as natural stop for both trucks and cars.
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There has been a long standing need for a truck stop facility in the Gilroy area. In terms of placement of a truc
stop and related ancillary uses, the proposed location is an exceIlent choice; the property has immediate acc~
to the South VaIley Freeway, is far removed from residential uses, is separated from heavy retail commerci:
uses to the north, and is located in close proximity to the State Highway 152 & 101 interchange.
The applicant has worked closely with City Staff, CalTrans, and the environmental traffic consultant to develo'
a truck stop design that addresses a multitude of traffic issues and environmental concerns. As submitted, th
subject Planned Unit Development site plan design is consistent with both the intent of the City's General PIa
text and Land Use Map.
REOUIRED FINDINGS:
In order to grant Planned Unit Development Design Review approval, the Planning Commission and Cit
Council must find that the proposed general site design 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 nornu
requirements of this Ordinance;
E Reflect an economical and efficient pattern ofland uses;
F. Include greater provisions for landscaping and open space than would generally be required;
G. Utilize aesthetic design principles to create attractive buildings and open areas which blend with th
character of surrounding areas;
R Not create traffic congestion, noise, odor, or other adverse effects on surrounding areas; and
L Provide adequate access, parking, landscaping, trash areas and storage, as necessary.
. PUD: A/S 93-05. _
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STAFF RECOMMENDATIONS:
Staff recommends that the Planning Commission forward a recommendation to the City Council to approve th
PUD Design Review request for the following reasons:
... The proposed general site design conforms to the land use designation for the propeny on the General Ph
map, and is consistent with the intent of the text of the General Plan document;
... Public utilities and infrastructure improvements needed in order to serve the proposed project are in ~ _
proximity along Monterey Street;
... There will be no significant environmental impacts as a resuh of this project due to the required mitigati(
measures to be applied at the development stage; and
... As submitted, the proposed development is consistent with the necessary PUD Findings A through I, .
stated under Zoning Ordinance Section 50.55.
In addition. StafT recommends the followinl! conditions be olaced on the ,rantin, of this reauest:
1. MITIGATION MEASURES #1 through #23, contained within the revised Negative Declaration dated 12/1 f,/(
for GP A 94-02 involving the subject project, shall be applied to the approval oftbis Planned Unit Develo}. .
in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required und
the California Environmental Quality Act (CEQA).
2. Specific improvement plans for each individual parcel shall be reviewed under the City's Architectural & Si
Review procedures, subject to the Planning Director's approval and a finding that the proposal is substantiai
consistent with this general site design, as reviewed and approved under this application by the PlanniJ
Commission and City CounciL In addition, the specific truck stop uses will require a Conditional Use Perm
prior to building permit issuance, subject to Planning Commission review and approvaL This action should 1
submitted simultaneously with the Architectural & Site Review application for the truck stop ponion of t
development
3. The architectural treatment for the proposed mini-storage buildings facing Monterey Street shall be carefu'
reviewed. The final building design for this portion of the truck stop shall be subject to the review and appro'
by the Planning Depanment.
4. Maximum restaurant occupancy (parcels #1 and #2) shall be limited by the amount of on-site parking sta
provided and as required under Section 31 of the City's Zoning Ordinance.
5. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by t
Planning Director in accordance with the City's Consolidated Landscaping Policy, prior to issuance of a buil&
permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed-fr
condition, in accordance with the adopted landscaping policy.
_ . PUD: AIS 93-05 .
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6. Trash Enclosures: All trash enclosures shall consist ofvisually solid fences and gates, six (6) feet in height, ir
accordance with the adopted City of Gilroy standard trash enclosure design plan, or a similar design approvee
by the Planning Director. All trash enclosures sball be located in accordance with the approved site plan ane
Uniform Fire Code.
7. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toware
( any residential use or public right-of-way.
8. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building shall be screenee
by an architectural feature of the building such that it cannot be seen from ground level at the far side of tht
adjacent public right-of-way, whenever possible.
9. The applicant shall develop a comprehensive sign program for all project signage (parcels #1 through #5)
subject to Planning Department review and approval.
10. Building colors shall be earth tones, subject to Planning Department review and approval.
II. The location, type, and color of all fencing material shall be indicated on the final construction plans. AI
proposed fencing shall be constructed in accordance with Zoning Ordinance Section 34, subject to the reviev.
and approval by the Planning Department.
12. All public sewer lines, storm drains, and water lines which traverse through private parcels shall be withir
access/utility easements, subject to the review and approval by the Public Works Departmeot.
13. A Maintenance District shall be set up to maintain the detention basin and the sewer system which serves thi~
project. This district shall be set up and functioning before the improvements are finalled, subject to the reviev.
and approval by the Public Works Department.
'14. An Assessment District shall to be established to pay for the public improvements. All up-front costs shall bt
paid by the developer. This District shall to be set up before the final map and improvement plans are approved
All land acquisitions to be settled prior to the establishment of the District, subject to the review and approva
by the Public Works Department.
15. The developer/applicant must obtain a sewer allotment for this project, and sign a sewer allotment agreemen
prior to the issuance of any building pennits.
16. All curb cuts for access drives shall be constructed at a minimum distance often (10) feet from adjacent fin
hydrants and/or street light poles.
17. The developer shall separate the business water system from the landscaping system and provide an individua
meter for each in accordance with City of Gilroy Standard Details.
18. All Utility lines to and adjacent to the site shall be located underground, subject to the review and approval b)
the Director of Public Works.
. PUD: A/S 9U5 ..
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19. The design for storm drainage improvements, both on and off site, shall be provided by the developer, subje
to the review and approval by the Depanment of Public Works and the Santa Clara Valley Water District.
20. The developer shall provide an emergency access roadway to within one hundred fifty feet (150') of the fro:
side of any structure during project construction, subject to the review and approval by the Fire Depanment
21. The developer shall provide and install Knox Boxes for each business, subject t.o the review and approvall
the Fire Department.
22. The applicant/developer shall insta11 fire hydrants on the project site. Specific hydrant locations and water ma
sizing shall be subject to the review and approval by the Fire and Public Works Departments; and
A Pipes which serve as fire sprinkler services are subject to the specifications of the Gilroy Fire Depanme'
once they depart from the City main and any on-site or off-site hydrant system and must have a Ci
standard valve intervening; and
B. Inspection of on-site hydrants and water mains supplying them will be the responsibility of the Fi
Department.
23. The applicant is subject to Gilroy City Ordinance #83-6 (HMSO - Hazardous Materials Storage Ordinanc
administered by the Fire Depanment, and shall therefore obtain, complete, and sign an HMIS (HazardOl
Materials Inventory Statement).
24. The applicant shall be required to install an underground grease interceptor for all food processing uses, subje
to the review and approval of the City's Industrial Waste Inspector.
25. Any proposed truck wash rack shall be subject to the review and approval by the City's Industrial Was
Inspector.
Respectfully,
~f)c.}--
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Michael Dom
Director of planning
.AfS 93-05
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02/02!95
At their meeting ofFebnIary 2, 1995. the PI_nning CommiaiOD
recommended approval of AJS 93-05, subject to 25 coDditions as oatliDed in
the staff report.
In additioD, the CommissioD recommended removing the rust part of
CODditioD #2, retaining the secoDd part as written.
Sp~eifi~ impre 9~eBlellt p'- - rar eaell ilulM8.aI perld. shell he. reWew c.t
Hilder tile City'. .tftkiteeRlNl .. Eite BeYiew pr8eedHr~ Illhjeet te iIle
Phmllillg Direetay', .p'Ni..ad. fmdieg that the pre,BIII illlIlW ~ lly
tBM_eat with tkis geeentlaite deligB~ 85 rr.viewN ..d appraved ...eler dlit
.ppliesS81l .". tile JP- lIill! Caau.Bsia.. ad City COIlIleil. In addition, the
specific truck stop uses will require a CODditiooal Use Permit, prior to
building permit issuance, subject to l"IaoDing ComrnissioD review and
approval This actioD should be submitted simultaneously with the
Architectural & Site Review applicatioD for the truck stop portiOD of the
development.
Ayes:
Nayes:
Absent:
Collier, Gage, Lai, Pinbeiro, Puente, Arelbmo
NODe
Suyeyasu
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 95-19 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the ~ day of
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
March
, 19--2L,
Official Seal of the city of Gilroy this 18th day of
Avril
,1995.
(Seal)