Resolution 1996-70
.
...
.
.
r.
RESOLUTION NO. 96-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A/S 96-19 (PUD), AN
APPLICATION FOR ARCHITECTURAL AND SITE
APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD)
INVOLVING A 6,000 SQUARE FOOT COMMERCIAL
BUILDING ON AN APPROXIMATE 1.1 ACRE SITE ON A
PORTION OF APN 808-12-011, ZONED C3-PUD
(GENERAL SERVICES COMMERCIAL, PLANNED UNIT
DEVELOPMENT)
WHEREAS, Glen-Lorna Group submitted A/S 96-19 (PUD), an
application for architectural and site approval of a planned unit
development (PUD) for a 6,000 square foot commercial building on
approximately 1.1 acres of property zoned C3-PUD (General Services
Commercial, Planned Unit Development), said property being a
portion of APN 808-12-011 and located at the southeast corner of
First Street and Wren Avenue; and
WHEREAS, an initial study was prepared for this project
which identified potentially significant effects on the environment
and proposed mitigation measures therefor; and
WHEREAS, the project applicant has agreed to specific
project revisions and/or mitigation measures which will avoid or
mitigate the effects to a point where no significant impacts will
occur and there being no substantial evidence in light of the whole
record before the public agency that the proposed project may have
a significant effect on the environment; and
WHEREAS, a negative declaration with 10 mitigation
measures
has
been
prepared
for
this
project
with
a
Mitigation/Monitoring program in accordance with the California
Environmental Quality Act ("CEQA"), which mitigation measures and
Mitigation/Monitoring program are attached hereto as Exhibit A and
incorporated herein by this reference; and
\RP .1\325458.01
62-120304706002
-1-
RESOLUTION NO. 96-70
.
.
.
IT
WHEREAS, the Planning Commission reviewed A/S 96-19
(PUD) at its duly noticed meeting on November 7, 1996, and
recommended that the City Council approve the proj ect subj ect to
the Mitigation/Monitoring program and the 20 conditions set forth
in the staff report for A/S 96-19 dated October 29, 1996, attached
hereto as Exhibit B and incorporated herein by this reference; and
WHEREAS, the City Council reviewed Application A/S 96-19
(PUD) and all documents relating thereto and took oral and written
testimony at its duly noticed meeting on November 18, 1996.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The City Council hereby finds that A/S 96-19 (PUD) is
consistent with the General Plan and complies with the findings
required to grant PUD architectural and site approval pursuant to
subsections (a) through (i) of Section 50.55 of the Gilroy Zoning
Ordinance, and that the facts as set forth more fully in the record
incorporated herein support said findings.
SECT ION II
The City Council hereby finds that the negative declaration
prepared for this project has been prepared in accordance with CEQA
and reflects the independent judgment of the City, and further
finds that there is no substantial evidence that the proj ect as
mitigated may have a significant effect on the environment. The
City Council hereby adopts the negative declaration that has been
prepared for this proj ect and the Mi tigation/Moni toring program
that is attached hereto as Exhibit A.
SECTION III
A/S 96-19 (PUD) should be, and hereby is, approved, subject to
the 10 conditions set forth in the Mitigation/Monitoring plan
attached hereto as Exhibit A and the 20 conditions set forth in the
staff report dated October 29, 1996, attached hereto as Exhibit B.
IRP .1\32545801
62-120304706002
-2-
RESOLUTION NO. 96-70
.
.
PASSED AND ADOPTED this 2nd day of December, 1996 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, ROGERS, ROWLISON,
SPRINGER, VALDEZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: GAGE
~PPRO D: 7 2
f? ~d -
harles S. f)l;r~les,
Mayor Protempore
ATTEST:
City
IRPJI32545801
62-120304706002
-3-
RESOLUTION NO. 96-70
.
.
Planning Department
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
~,,-
City File Number: AJS 9~19
Proiect Description:
Name of Project:
Nature of Project:
Wren Avenue Retail
Request to construct 12,000 square feet of retail space on a 48,850 square
foot parcel.
PrQject Location:
Location: Southeast comer of First Street and Wren Avenue'
Assessor's Parcel Numbers: 808-12-011
Entitv or Person(s) Undertakinll' Project:
Name:
Address:
Craig Filice, Glen-Loma Group
7888 Wren Avenue, Ste. D143, Gilroy, CA 95020
Initial Study:
An Initial study of this project was undertaken and prepared for the purpose of ascertaining
whether this project might have a significant effect on the environment. A copy of this study is on
file at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020.
Findines & Reasons:
The Initial Study identified potentially significant effects on the environment. However, this
project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to
a point where no significant effects will occur. There is no substantial evidence the project may
have a significant effect on the environment. The following reasons will support these findings:
1. The proposal is a logical component of the existing land use of this area.
EXHIBIT A
.
.
Preliminary Negative Declaration! AlS 96-19
Page 2
9123/96
2. Identified adverse impacts, such as traffic and noise, are proposed to be mitigated through
preparation of special studies, construction of on-site improvements and construction of off-
site improvements.
3. The proposed projectis consistent with the adopted goals and policies of the General Plan
of the City of Gilroy.
4. The Initial Study was independently reviewed by City staff; and this Negative Declaration
reflects the independent judgement of the City of Gilroy.
Mitil:ation Measures:
1. The project shall be designed in accordance with earthquake design regulations of the
Uniform Building Code, subject to the review and approval of the City Building, Life and
Environmental Safety Division prior to issuance of a building permit. .
2. A soils investigation shall be prepared for the project by a qualified soils engineer. The
recommendations of the soil investigation shall be incorporated into the final improvement
plans and shall be reviewed and approved by the City Building, Life and Environmental
Safety Division prior to issuance of a building pennit.
3. The project proponent shall modify the two-way left-turn striping as described under
Section VIT. A of the traffic study (see appendix A of the Initial Study) on Wren Avenue
near the proposed driveway access to Wren Avenue. This shall be subject to the review and
approval of the City Engineering Division prior to issuance of a building pennit.
4. The project proponent shall enter into an agreement with the City to eliminate and relocate
the driveway, at the discretion of the city, upon the development of any part of the
remainder of the adjacent shopping center complex. This shall be subject to the review and
approval of the City Engineering Division prior to issuance of a building pennit.
5. The project proponent shall participate in the funding of the raised median along First Street
between Wren Avenue and the driveway for the Town Place Shopping Center. The
percentage contribution to this improvement shall be determined by the city and funding
shall be contributed to the satisfaction of the City Engineering Division prior to issuance of a
building pennit.
6. All phases of development shall provide minimum off-street parking in accordance with
Section 31, Off Street Parking Requirements, of the City's Zoning Ordinance, subject to the
review and approval of the City Planning Division.
7. The design of all street improvements serving the project site shall be provided by the
developer, subject to the review and approval of the City Engineering Division.
Preliminary Negative Declaration! A/S 96-19
Page 3
9/23/96
.
.
8. The developer shall replace all deteriorating curb, gutter, sidewalk, and pavement adjacent
to the project site, subject to the review and approval of the City Engineering Division.
9. The development of the site shall include the installation of bicycle racks, subject to the
review and approval of the City Planning Division.
10. If archeological resources or human remains are discovered during construction, work shall
be halted within 50 meters ( 150 feet) of the find until it can be evaluated by a' qualified
professional archaeologist. If the find is determined to be significant, appropriate mitigation
measures shall be formulated and implemented. This wording shall be incorporated into any
permits issued for construction of the proposed project.
Date Prepared: 9/23/96
End ofRevicw Period: 10/29/96
Date ap~roved by City Council:
William Faus, Planner ill
.f 1\
.
.
Wren Avenue Retail Initial Study
(AlS 96-19)
Mitigation Monitoring Checklist
Prior to issuance of a Building Permit, the following mitigations shall be
implemented:
Mitigation Nature of Mitigation Party Responsible Party Responsible
Number for for
Implementation Monitoring
1 The project shall be designed in Developer City Building Division
accordance with earthquake
design regulations of the Unifonn
Building Code.
2 A soils investigation shall be Developer City Building Division
prepared for the project by a
qualified soils engineer.
3 The project proponent shall modify Developer City Engineering Division
the wo-way left.tum striping as
described in section VilA of the
traffic study on Wren Avenue near
the proposed driveway access to
Wren Avenue.
.4 The project proponent shall enter Developer City Engineering Division
into an agreement with the city to
eliminate and relocate the
driveway at the discretion of the
city upon the development of any
part of the remainder of the
adjacent shopping center complex.
5 The project proponent shall Developer City Engineering Division
participate in the funding of the
raised median along First Street
beween Wren Avenue and the
driveway for the Town Place
Shopping Center.
7 The design of all street Developer City Engineering Division
improvements serving the project
site shall be provided by the
developer.
8 The developer shail replace all Developer City Engineering Division
deteriorating curb, gutter,
sidewalk, and pave-out adjacent to
the project site.
10 If archaeologicai resources or Deveioper City Building Division
human remains are discovered
during construction, work shall be
halted within 150 feet of the find
until it can be evaluated by a
qualified archaeoiogist.
4
.
.
Wren Avenue Retail Initial Study
(A1S 96-19)
Mitigation Monitoring Checklist
Prior to approval of the Site Plan, the following mitigation measures shall be
implemented:
Mitigation
Number
Nature of Mitigation
Party Responsible
for
Implementation
Developer
Party Responsible
for
Monitoring
City Planning Division
6
All phases of development shall
provide minimum off-street parking
in accordance with Section 31, Off
Street Parking Requirements, of
the City's Zoning Ordinance,
subject to the review and approval
by the City Planning Division.
The development of the site shall
include the installation of bicycle
racks, subject to the review and
approval by the City Planning
Division.
Developer
City Planning Division
9
3
..... . ....
Community Development Department
Planning Division
Staff Report
0ctober 29, 1996
File Number: AJS 96-19 (PUD)
Applicant: Glen-Lorna Group (Craig Filice)
Location: Southeast Corner of First Street and Wren Avenue
Staff Planner: Melissa Durkin
REOUESTED ACTION:
Planned Unit Development Architectural and Site Review of a 6,000 square foot of commercial
building.
DESCRIPTION OF PROPERTY:
Parcel Numbers:
Parcel Size:
Flood Zone:
808-12-011,026 (portion)
48,850 square feet ( 1.1 acres)
"B" ,Panel # 0603400001C
Panel Date: 10/06/81
STATIIS OF PROPERTY:
Existimz Land Use
Undeveloped
General Plan DesilPlation
General Services Commercial
Zoning
C3-PUD
STATIIS OF SURROUNDING PROPERTY:
Existing Land Use
N: UndevelopedIRestaurants
S: Undeveloped
E: Undeveloped
W: Professional Office Complex
General Plan Desilplation
General Services Commercial
General Services Commercial
General Services Commercial
General Services Commercial
Zoning
C3
C3-PUD
C3-PUD
C3/PO
EXHIBIT B
AlS 96-19 (PUD)
.
2
.
10/29/96
CONFORMANCE OF REOUEST WITH GENERAL Pl.AN:
The proposed project conforms to the land use designation for the property on the General Plan map,
and is consistent with the intent of the text of the General Plan document. This project conforms with
the policies of Gilroy's General Plan. The following examples demonstrate this compliance:
POUCY V-U
"New commercial uses will be encouraged to group into clustered areas or ce1Jters containir:
professional offices, retail sales and services. These uses will not be permitted to occur in a strip
form of development (shallow depth, linear form). "
The proposed project is in confonnance with this policy, because this site is surrounded by
commercial property on all sides. The site (entire PUD) is of a size which is large enough to
accommodate an entire shopping center, rather than just a strip shopping mall.
POUCY V-12
"Commercial uses will be clustered at the intersection of major thoroughfares. "
The proposed project is in conformance with this policy, because this site is bordered by an
Arterial (First Street) and a Collector (Wren Avenue).
ENVIRONMENTAL IMPACfS:
NEGATIVE DECLARATION
An expanded Initial Study has been prepared for this project. The Initial Study found that there would
be no significant effects on the environment as a result of this project. A Negative Declaration with
ten (10) mitigation measures has been approved for the following reasons [see Exhibit A]:
I. The proposal is a logical extension of the existing urban, land use, and zoning patterns of this area.
2. Identified adverse impacts such as the increase in traffic generated from this project are proposed
to be mitigated through construction of off-site improvements.
3. The proposed project is consistent with the adopted goals and policies of the General Plan of the
City of Gilroy.
4. The Initial Study was independently reviewed by City staff, and the Negative Declaration reflects
the independent judgement of the City of Gilroy.
AJS 96-19 (PUD)
.
.
10/29/96
3
RELA TED APPLICATIONS:
V 96-08:
A request to allow an increase in the maximum permitted sign area.
ANALYSIS OF REOUEST:
The applicant is requesting PUD Architectural and Site approval to construct a 6,00OZ square foot
Blockbuster Video store, to be located at the southeast comer of Wren Avenue and First Street. The
applicant has shown a Phase II building envelope attached to the west side of the Blockbuster Video
building. The applicant has not specifically shown a building located in this envelope, because no
tenant has been identified for this site. The Phase II building is shown with a maximum size of 6,000
square feet, however, the actual size of the building will be restricted based on the number of available
parking stalls.
This site is currently vacant, and the parcels involved in this application are a portion of a 13.41 acre
Planned Unit Development (PUD). No development is currently planned for the remainder of this
PUD, however, all future development will be required to seek approval through the PUD
Architectural and Site review process.
DESIGN
The architectural style of the buildings in this shopping center will be modem, . and will complement the
architecture of the newer commercial centers along First Street. The exterior materials will consist of
stucco walls with decorative aluminum accents, numerous windows with canvas awnings, and trellis
work. The roof design is complex, and consists variously of gabled roofs, hip roofs and parapets. The
applicant is proposing several enhancements to provide architectural interest to the building, including
arches, stucco-foam trim and alternating protruded and recessed fascia elements.
The design of Phase II will ffiatch the Blockbuster Video building. Because of this, staff recommends
that the Architectural and Site review of Phase II be approved at a staff level, rather than being
required to go through the more involved PUD process.
The applicant is proposing to deviate from the normally required front and side yard setbacks for this
site. The Zoning Ordinance requires a 30 foot setback from First Street and a 20 foot setback from
Wren Avenue. The applicant is proposing to have a setback ranging between 24 feet and 41 feet along
First Street (an average of32.5 feet), and is proposing to have a setback averaging 20 feet along Wren
Avenue. The proposed setbacks do not strictly comply with the requirements of the Zoning Ordinance,
however, their averages do meet minimum requirements. The applicant is requesting this deviation in
order to provide more architectural interest to these buildings. Since this project is located within a
PUD, the applicant is able to deviate from the requirements of the Zoning Ordinance with the review
and approval of this application. In exchange for granting this deviation, the applicant is expected to
provide a benefit to the COmmwllty. Staff feels that the fiu:t that the setback will average 32.5 feet, and
the architectural design will be improved by permitting this setback variation, is adequate to satisfy this
requirement.
NS 96-19 (PUD)
.
4
.
10/29/96
Entrances to this site will be provided from Wren Avenue and First Street. Ingress and egress to the
portions of the PUD east and south of this site will be provided via easements.
PARKING
A breakdown of the required parking for this project is as follows:
llSE.
SO.Fr.
PARKING STD.
PK. REO'D
Video Rental
6,000
1/250
24
Total Parking Required:
Total Parking Provided:
Difference:
24 Stalls
41 Stalls
17 over the minimum requirement
Fifteen percent of the parking stalls on this site are proposed to be compact in size. The applicant has
provided I 7 stalls in excess of the minimum requirement in order to provide parking for the second
phase of this project. As stated above, the square footage of the second phase will be limited to the
amount of parking available.
FINDINGS:
In order to grant Planned Unit Development (PUD) 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 ofIand 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 space areas which blend
with the character of surrounding areas;
H. Not create traffic congestion, noise, odor or other adverse effects on surrounding areas; and
AlS96-19 (PUD) .
5
.
10/29/96
1. Provide adequate access, parking, landscaping, trash areas and storage, as necessary.
STAFF ACTION:
Staff recommends that the Planning Commission forward a recommendation to the City Council for
APPROVAL of this Planned Unit Development ArchitecturaI and Site review for the following reasons:
A. This project confonns to the Gilroy General Plan in tenns of general location and standards of
development, as shown in the section of this report titled "Conformance of the Request with the
General Plan";
B. The proposed development takes a step toward completing the commercial development which
is planned for First Street, and therefore fulfills a specific need of the surrounding area;
C. Urban Services are immediately adjacent to this site;
D. The plan is hannonious and integrated, which justifies the proposed setback deviations;
E. This is infiII development, which is both an economical and efficient land use pattern;
F. The applicant will be berming the front yard landscaping, and providing interim landscaping in the
location of the Phase II building site, which is not generally required;
G. The proposed building is both attractive, and hannonizes with the other developments along First
Street;
H. AIl impacts from traffic congestion, noise, odor or other adverse effects will be mitigated to a less
than significant level; and
1. Adequate access, parking, landscaping, trash areas and storage have been provided.
Staff further recommends that the approval of this application be subject to the following conditions:
I. All ten (10) MITIGATION MEASURES contained within the Negative Declaration for this
development shall be applied to this 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). This shall be subject to the review and approval of the Planning Division.
2. Landscaping: Landscaping plans including specifications for an inigation system shall be approved
by the Planning Division in accordance with the adopted 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 adopted Consolidated
Landscaping Policy and the approved specific landscape plan.
6
10/29/96
A/S 96-19 (PUD)
.
.
3. All landscaped areas adjacent to parking and/or paved areas shall be separated by a raised
protective curbing to meet minimum City standards, subject to review and approval of the
Planning Division. .
4. Street frontage landscaping along First Street shall be bermed in order to provide additional
screening of the parking areas. Such berming shall be delineated on required landscaping plans,
and shall be subject to Planning Division approval.
5. The developer will be required to plant trees according to the Consolidated Landscaping PoliC)
If a 10' wide sidewalk is installed, the trees shall be installed in a tree well in the sidewalk with
a brick tree well cover. A Street Tree Permit will be required The tree species to be planted on
Wren Avenue is Majestic Beauty Southern Magnolia (mawzolia wandiflora 'Majestic Beauty?
and the species for First Street is Chanticleer Pear ~ calleryana 'Chanticleer? This shall
be subject to the review and approval of the City Arborist.
6. The area where the Phase II building is proposed to be located shall be landscaped in the
intervening time between the construction of the Blockbuster Video, and the construction of the
Phase II building, subject to the review and approval of the P/arming Division.
7. The applicant shall provide landscaping in front of the transformer which will be located in the
front yard setback of this site. This landscaping shall be over and above the normal landscaping
requirements, and shallbe subject to the review and approval of the Planning Division.
8. Trash Enclosures: AIl 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 Division. AIl trash enclosures shall be located in
accordance with the approved site plan and Uniform Fire Code. In addition, recycling areas must
be provided within the trash enclosures, in accordance with the following regulations:
A. Areas for recycling shall be adequate in capacity, number, and distribution to serve the
development project.
B. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the
recycling needs of the development project.
C. An adequate number of bins or containers to allow for the collection and loading of recyclable
materials generated by the development project should be located within the recycling area.
9. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the
site toward any residential use or public right-of-way. This is subject to the review and approval
of the Planning Division.
10. Mechanical Appurtenances: Mechanical equipment to be located on 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. This is subject to the
review and approval of the Planning Division.
11. Building colors shall be earth tones subject to Planning Division approval.
AlS 96-19 (PUD)
.
7
.
10/29/96
12. The developer/applicant must obtain a sewer allotment for this project, and sign a sewer allotment
agreement prior to the issuance of any building permits, subject to the review and approval of the
Engineering Division.
13. Off-site street improvements shall be subject to review and approval by the City Engineer and
CalTrans.
14. The applicant shall construct a raised median along First Street between Wren Avenue and the
driveway for the Town Place Shopping Center. This shall be subject to the approval of the City
Engineering Division and CalTrans prior to issuance of a building permit.
15. A grading plan must be provided subject to the review and approval of the Engineering Division.
16. The applicant shall submit a letter from Blockbuster Video agreeing to the future removal of the
temporary driveway along Wren Avenue, prior to issuance of a building permit, subject to the
review and approval of the Engineering Division.
17. Backflow devices must be provided, subject to the review and approval of the Water Division.
18. This project shall comply with the following requirements of the Fire Department:
a. Provide a minimum of lon-site fire hydrant.
b. Automatic fire sprinklers will be required for this project.
c. The minimum fire flow required for this project is 1500 gpm.
d All fire lanes shall be clearly defined on the plans.
19. With the exception of Phase II of this project (the area located directly to the west of the
Blockbuster Video building), all proposed future development at this site shall require additional
Planned Unit Development Architectural & Site Review, prior to building permit issuance. The
architectural style and materials for the future buildings shall blend with the overall
architectural scheme approved in this application, subject to the review and approval of the
Planning Division.
20. All proposed signage shall be subject to Planning Division approval.
~C
William Faus
Planner III
.
.
NS 96-19
8
11/7/96
11/7/96
At their meeting of November 7, 1996, the Planning Commission unanimously
voted to forward a recommendation of approval subject to 20 conditions as set
forth in the staff report for NS 96-19 to the City Council.
AYES:
NAYES:
ABSENT:
ARELLANO, BLANKLEY, COLLIER, LAl, PINHEIRO, PUENTE
NONE
NONE
1
.
.
.
I, SUSANNE E, STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-70
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
2nd
day of December ,19~,
~
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the city of Gilroy this
4th
day of December
19
~
(Seal)