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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)