Resolution 1996-73
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RESOLUTION NO. 96-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A/S 96-26, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) INVOLVING A
6,562 SQUARE FOOT AUTOMOBILE SERVICE AND SALES
FACILITY ON .76 ACRES OF AN APPROXIMATE 6.37
ACRE PARCEL, APN 808-02-038, ZONED C3-PUD
(GENERAL SERVICES COMMERCIAL, PLANNED UNIT
DEVELOPMENT)
WHEREAS, Robert J. Dyer, submitted A/S 96-26, an application
for architectural and site approval of a planned unit development
(PUD) for a 6,562 square foot automobile service and sales facility
on .76 acres of an approximate 6.37 acre parcel APN 808-02-038,
zoned
C3-PUD
(General
Services
Commercial,
Planned
Unit
Development), said property being located at 1230 First Street,
west of Westwood Drive as shown on the location map included with
the Staff Report dated November 15, 1996 attached hereto and
incorporated herein by this reference; and
WHEREAS, 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,
a Negative
Declaration was adopted by the City Council on February 6, 1989 in
accordance with the California Environmental Quality Act ("CEQA");
and
WHEREAS, the Planning Commission reviewed A/S 96-26 at its
duly noticed meeting on November 20, 1996, and recommended that the
City Council approve the project, subject to 11 conditions; and
WHEREAS, the City Council reviewed Application A/S 96-26 and
all documents relating thereto and took oral and written testimony
at its duly noticed meeting on November 25, 1996,
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The City Council hereby finds that A/S 96-26 complies with the
findings required to grant PUD architectural and site approval
pursuant to subsections (a) through (i) of the Gilroy Zoning
RESOLUTION NO. 96-73
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Ordinance, and that the facts as set forth more fully in the record
incorporated herein support said findings.
SECTION II
The City Council hereby finds that:
1. This project is consistent with the Gilroy General Plan.
2. The City previously adopted a Negative Declaration which
included this property.
3. There are no offsite or onsite environmental effects of
this project which are not addressed in the Negative Declaration.
4. There is no new information or substantial evidence that
the project may have a significant effect on the environment.
SECTION III
A/S 96-03 should be and hereby is approved, subject to the 16
conditions set forth in Exhibit A, with modification to Condition
#10 so it shall read in its entirety as follows:
The developer shall provide window panels, a painted
design or other approved form of visual reliefs on all
roll-up doors, subject to review and approval by the
Planning Division.
PASSED AND ADOPTED this 16th day of December, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
J.
Donald F. Gage, Ma r
ATTEST:
U4~
usanne E. Steinmetz, City
RESOLUTION NO. 96-73
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. ATTACH...."E.-:r A
Community Development Department
Planning Division
Staff Report
FILE NUMBER:
APPLICANT:
LOCATION:
STAFF PLANNER:
AfS 96-26 (PUD)
Robert J. Dyer
1230 First Street, west of Westwood Drive
Bryan Stice
November 15, 1996
REOUESTED ACTION:
Planned Unit Development Architectural & Site Review approval for plans to construct a 6,562
square-foot automobile tune-up service and retail sales facility at an existing shopping center.
DESCRIPTION OF PROPERTY:
Parcel No. :
Parcel Size:
Flood Zone:
808-02-038
6.3701: acres [project site: 33,284 sq. ft. (.7&10 ac)]
Zone "B" Panel # 060340 OOOIC Date: 10-06-81
STATUS OF PROPERTY:
Existing Land Use
Retail Shopping Center
General Plan Designation
General Services Commercial
Zoning
C3-PUD
STATUS OF SURROUNDING PROPERTY:
Existing Land Use
N: Retail Shopping Center
S: Retail Shopping Center
E: Gas/Service Station
W: Retail Shopping Center
General Plan Designation
General Services Commercial
General Services Commercial
General Services Commercial
General Services Commercial
Zoning
C3
C3
C3
C3
CONFORMANCE OF REOUEST WITH GENERAL PLAN:
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.
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NS 96-26
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11/15/96
ENVIRONMENTAL IMPACTS:
A prior Initial Study was prepared in conjunction with Architectural & Site Review Application 88-
49, involving the subject site. A Negative Declaration was issued by the City Council on February
6, 1989. Staff has subsequently reviewed this environmental study and has found it to be consistent
with the current project proposal. This previous Initial Study, therefore, satisfies the environmental
review requirements for this project.
ANALYSIS OFREOUEST:
The applicant (Robert J. Dyer) is requesting Planned Unit Development (PUD) design review
approval for the proposed development of an automobile tune-up service and retail sales facility
within the Hecker Pass Plaza shopping center. The .76:1; acre project site is a remainder parcel of
the larger 6.37:1; acre shopping center, located at the center's northeast corner.
The proposed project will involve the construction of a 6,562 square-foot building, providing new
space for the two following independent uses:
Automobile Tune-up & Service
This use would utilize a 4,162 square-foot section (63%) of the 6,562 building. The
proposed auto tune-up and service section will feature five service bays (2,542 sq. ft.), two
business offices (552 sq. ft.), restrooms, and a reception/waiting area. Two of the proposed
service bays will be drive-thru.
Retail Sales
This use would utilize a 2,400 square-foot (37%) section of the 6,562 building. Specific
floor plans for this section will be submitted when a prospective tenant initiates
improvements. This section is likely to be used as retail sales, however, another use such
as a restaurant, office, bank, or other service establishment could be allowed.
Primary access to the project site is provide via an existing 35-foot-wide driveway along First
Street. Secondary access is provided to the site from Westwood Drive via an existing 28-foot-wide
easement through an adjacent parcel to the east. The project site is surrounded by an adequate
number of existing parking spaces needed to serve the proposed facility. In addition, this project
meets minimum Zoning Ordinance standards for required landscaping.
Architectural materials to be used for the proposed project will match those of the existing shopping
center. These materials include large aluminum-framed windows, translucent awnings, protruding
stucco trim, and stuccoed store-front fascias and walls with wood-framed construction. Most of
the proposed building will be single story construction with the exception of a 432 square-foot
second-story office which will be constructed over the restrooms, office and reception room.
A total of7 metal roll-up doors are also proposed; two for the north, two for the south, and three
for the west elevations. Roll-up doors along the west and north elevations will be visible when
traveling in an eastbound direction along First Street. Roll-up doors along the south elevation will
be somewhat hidden from the street, yet visible from the existing shopping center. As a condition
of project approval, staff recommends that window panels be incorporated into each roll-up door
to provide visual relief.
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NS 96-26
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11/15/96
REQUIRED FINDINGS:
In order to grant Planned Unit Development (PUD) approval, the Planning Commission and City
Council must find that the proposed PUD will:
A Conform to the Gilroy General Plan in tenns 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 hannonious, integrated plan which justifies exceptions, if such are required, to the
nonnal 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 building and open areas which blend
with the character of surrounding areas;
H. Not create traffic congestion, noise, odor, or other adverse effects on surrounding areas; and
1. Provide adequate access, parking, landscaping, trash and storage, as necessary.
STAFF ACTION:
StafT recommends APPROVAL of this request for the following reasons:
A. The proposed project is substantially consistent with 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;
B. Public utilities and infrastructure improvements needed in order to serve the proposed
project are in close proximity along First Street;
C. There will be no significant environmental impacts as a result of this project due to the
required mitigation measures and/or conditions of approval to be applied; 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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NS 96-26
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11/15/96
In addition, Staff recommends the following conditions be placed on the granting of this
request:
1. Landscaping: Landscaping plans including specifications for an irrigation system shall be
approved by the Planning Division in accordance with the adopted Consolidated
Landscaping Policy, prior to issuance of a building pennit. 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.
2. AIl landscaped areas adjacent to parking and/or paved areas, including tree wells, shall be
separated by a raised protective curbing to meet minimum City standards. A11landscaped
planters, including tree wells, shall be at least five feet in width and/or depth, as required
under Section 38.22 of the City's Zoning Ordinance.
3. All proposed 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
by the Planning Division.
4. AIl landscaped planters shall be at least five (5) feet in width, as required under Section
38.22 of the City's Zoning Ordinance, subject to review and approval by the Planning
Division.
5. The developer shall install street trees in accordance with the Consolidated Landscaping
Policy, subject to review and approval by the Community Services Department.
6. All trash enclosures shall consist of visually solid fences and gates, six feet in height, in
accordance with the adopted City ofGiltoy standard trash enclosure design plan, or a similar
design approved by the Planning Division. All trash enclosures shall be located in
accordance with the approved site plan and fire regulations. In addition, a 64 square foot
area, within the trash enclosure, shall contain at least 300 cubic feet of recycling bin space
for glass, aluminum, and plastics, subject to Planning Division approval.
7. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward
from the site toward any residential use or public right-of-way, subject to review and
approval by the Planning Division.
8. Mechanical equipment to be located on the roof of the building shall be screened by an
architectural feature ofthe building such that it cannot be seen from ground level at the far
side of the adjacent public right-of-way, whenever possible, subject to review and approval
by the Planning Division.
9. Architectural elements, building materials and colors shall match those of the existing
Hecker Pass Plaza shopping center, subject to review and approval by the Planning
Division.
10. The developer shall install window panels in all roll-up doors, subject to review and
approval by the Plalming Division.
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A/S 96-26
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11/15/96
11. The developer shall provide an elevator to the second floor to provide handicap
accessibility, in accordance with the American with Disabilities Act, and subject to review
and approval by the Building, Life, and Environmental Safety Division.
12. The developer shall provide adequate handicap parking spaces, subject to review and
approval by the Building, Life, and Environmental Safety Division.
13. The developer shall install a 750-gallon oil and water separator outside the proposed
facility, subject to review and approval by the Chemical Control Division.
14. The developer shall obtain an Industrial Waste Discharge Permit and submit a Hazardous
Material Business Plan subject to review and approval by the Chemical Control Division.
15. The developer shall install a knox box, subject to review and approval by the Fire Prevention
Division.
16. The developer shall install fire sprinklers in accordance with City standards, subject to
review and approval by the Fire Prevention Division.
Respectfully, ~
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Note:
The number of metal roll-up doors is incorrectly listed as
seven. The actual number is eight.
At their meeting of November 20, 1996, the Planning Commission voted to
recommend approval of A/S 96-26 (PUD), with 16 conditions, as set forth
in the staff report. The Commissioners voted as follows:
AYES:
Arellano, Blankley, Lai, Puente
NAYES:
none
ABSENT:
Collier, Pinheiro
At their meeting of November 25, 1996, the City Council agreed
unanimous ley to approve A/S 96-26 (PUD), with 16 conditions and to
modify Condition #10 as follows:
10. The developer shall l""Lall provide window panels, a
painted dssign, or other approved form of visua2 re2ief on
7n all roll-up doors, subject to review and approval by
the Planning Division.
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LOCA..TION
1\1I A.. P
FOR. A../S 96-26
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-73
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 16th
I
, 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 20th
day of December
19 96.
city Clerk of the city of Gilroy
(Seal)