Resolution 1997-12
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RESOLUTION NO. 97-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A/S 96-22 (PUD), AN
APPLICATION FOR ARCHITECTURAL AND SITE
APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD)
INVOLVING APPROXIMATELY .67 ACRES, APN 790-21-
023
WHEREAS, Taco Bell ("Applicant") submitted A/S 96-22
(PUD), an application for architectural and site approval of a
planned unit development ("PUD") for a .67 acre lot located on the
northeast corner of First Street and Kern Avenue; and
WHEREAS,
pursuant
to
the California Environmental
Quality Act ("CEQA") an initial study was prepared for this project
that identified potentially significant effects on the environment.
However, the Applicant has agreed to specific revisions in the
project and/or individual mitigation measures that will be applied
to the project which avoid or mitigate the effects to a point where
no significant effects will occur; and
WHEREAS, the Planning Commission reviewed application
A/S 96-22 (PUD) at its duly noticed meeting on January 9, 1997 and
recommended that the City Council adopt the Negative Declaration
containing eight mitigation measures and further recommended that
the City Council approve Application A/S 96-22 subject to 11
conditions; and
WHEREAS, the City Council reviewed Application 96-22
(PUD) and all documents relating thereto and took oral and written
testimony at its duly noticed meeting of January 21, 1997; and
WHEREAS, the location and custodian of the documents or
other materials which constitute the record of proceedings upon
which this proj ect approval is based is the office of the City
Clerk;
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds that:
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RESOLUTION NO. 97-12
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1. The proj ect 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 substantially
consistent with the intent of the text, goals and policies of
the General Plan documents.
2. The project 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, including the staff reports
dated December 24, 1996 and January 10, 1997 support said
findings.
3. There is no substantial evidence that the proj ect
as mitigated may have a significant effect on the environment.
B.
The
Negative
Declaration
is
adopted,
with
eight
mitigation measures, as completed in compliance with CEQA and
reflecting the independent judgment of the City,
and the
mitigation/monitoring program associated therewith is adopted.
C. A/S 96-22 (PUD) should be and hereby is approved,
subject to eleven (11) conditions, including those ten (10)
conditions set forth in the staff report dated December 24, 1996,
attached hereto as Exhibit A and incorporated herein by this
reference, as modified by a revision to the second condition and
the addition of an eleventh condition by the Planning Commission,
as is set forth in the staff report dated January 10, 1997,
attached hereto as Exhibit B and incorporated herein by this
reference.
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PASSED AND ADOPTED this 3rd day of February, 1997 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
ATTEST:
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Community Development Department
Planning Division
Staff Report
FILE NUMBER:
APPLICANT:
LOCATION:
STAFF PLANNER:
EXHIBIT A
December 24,1996
A1S 96-22 (PUD)
Taco Bell (The Frazier Group, % Will Harris)
Northeast comer of First Street and Kern Avenue
Bryan Stice
REOUESTED ACTION:
Planned Unit Development (PUD) approval for plans to construct a 2,668 square-foot fast food restaurant on
a .67-acre undeveloped lot
DESCRIPTION OF PROPERTY:
Parcel No. :
Parcel Size:
Flood Zone:
790-21-023
67: acres (29,040 sq. ft.
Zone "B" Panel # 060340 0001C Date: 10-06-81
STATUS OF PROPERTY:
Existin~ Land Use
Undeveloped
General Plan Desii:l1ation
General Services Commercial
Zoning
C3-PUD
STATUS OF SURROUNDING PROPERTY:
Existing Land Use
N: Vacant lot
S: Cemetery
E: Car Wash/Undeveloped
W: Retail Shopping Center
General Plan DesifiPlation
General Services Commercial
ParklPublic Facility
General Services Commercial
General Services Commercial
Zoning
C3-PUD
PF
C3-PUD
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.
A/S 96-22 (PUD"
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12/23/96
ENVIRONMENTAL IMPACTS:
NEGATJVE.DECLARATION
An Expanded Initial Study was prepared for the .67 -acre project site by the City's independent environmental
consultant (EMC Planning Group) in October, 1996. This study was completed in compliance with the
California Environmental Quality Act (CEQA) and reflects the independent judgement of the City of Gilroy.
The study identified potentially significant effects on the c;nvironment, however, ~ applicant has agreed to
individual mitigation measures (IItt=1('1]OO) which will avoid or mitigate the effects to a point where no significant
impacts will occur.
The Initial Study was circulated for a 30-day period ending 12-16-96, with the City receiving no written
responses.
There is no substantial evidence that the proposed project may have a significant effect on the environment.
Therefore, a mitigated Negative Declaration (attached, dated 10-28-96), Subject to review and approval by the
Planning Division, has been prepared for the following reasons:
A. The proposed project is consistent with the City's General Plan land use map;
B. The proposed project is substantially consistent with the adopted goals and policies of the City's
General Plan document;
C. The granting of this request will not adversely affect or impact neighboring parcels of land or adjacent
developed residential properties; and
D. All potential significant effects can be mitigated to reduce them to an insignificant level of impact.
There is no substantial evidence that the proposed project, as revised, may have a significant effect on the
environment.
ANALYSIS OF REOUEST:
The applicant is requesting Planned Unit Development (PUD) design review approval in order to construct a
Taco Bell fast food restaurant. The .67: acre project site is a small comer parcel surrounded on the north and
east by a larger 4.05% acre undeveloped parcel. An existing car wash facility is located approximately 166 feet
to the east, fronting First Street.
The proposed project involves the construction of a 2,668 square-foot fast-food restamant with drive-tbru
service. The proposed building will measure approximately 72 feet by 36 feet and will reach approximately
17 feet high. Architectural features and building materials for the new restaurant include the following:
· Mansard roof with frieze and ceramic roof tiles
· Arched, central entIy ways and secondary facades with projected stucco door trim
· Arched front window openings with large aluminum-framed windows and projected stucco
trim
· Stucco walls with protruding stucco trim and sills
· Framed soffit and wood facia
,AfS 9~22 (PUD) .
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, 12/24/96
Primmy access to the project site will be provided via a propoSed 25-foot:-wide off-site driveway easement off
of First Street through the adjacent parcel to the east Ser.ondmy access will be provided to the site from Kern
Avenue via a proposed 25-foot-wide easement through the adjacent parcel to the north.
Required parking for the proposed restaW'lll1t will tota138 spaces. The project plans indicate only 33 parking
spaces to serve the proposed restaW'lll1t. As a condition of project approval, an additional space is required
adjacent to the space behind the I11()I'IItmf'nt sign, raising the amount of on-site parking to 34. It is staffs opinion
that potential parking problems ~ to a lack of four spaces- are minimal for the following reasons:
1. The applicant has secured a reciprocal parking agrcemcot with the owners of the surrounding 4.05-acre
parcel, which is likely to develop as a, shopping center within the next three to four years (The adjacent
owner is currently searching for prospective businesses.);
[Should parking be deemed inadequate by Planning Division staff after four years (from the date of PUD
design review approva/), the owner may be required to obtain a minor deviation. This process would enable
staff to review the parking situaJion and -if needed- require the applicant to provide additionaloi[-site stalls,
reduce the number of seats, or combination thereof) -
2. The project site is in the comer of a future shopping center, and thus, has two sides (off-site) in which
vehicles could over flow into, if needed; and
3. Four spaces is only 10.5 % of the required amount
The parking requirement for a fast-food restaurant is broken down as follows:
I space for each 3 seats: 90 seats =
plus, I stall per shift employee. 8 shift employees
Total required spaces:
30 spaces
8 spaces
38
note: In order for the project to comply with minimum parking requirements, the applicant would need to
eliminate 12 seats (approximately 2 booth tables).
This project meets minimum Zoning Ordinance and Consolidated Landscaping Policy standards for required
landscaping.
REQUIRED FINDINGS:
In order to grant Planned Unit Development (POO) approval, the Planning Commission and City Council must
find that the proposed POO will:
A. Conform to the Gilroy GeneralPlan in terms of general location and standards of development;
B. Provide the type of development which will fill a specific need of the surrounding area;
C. Not require urban services beyond those which are currently available;
D. Provide a harmonious, integrated plan which justifies exceptions, if such are required, to the normal
requirements of this Ordinance;
E. Reflect an economical and efficient pattern of land uses;
F. Include greater provisions for landscaping and open space than would generally be required;
A/S 96-'22 (PUD) .
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12/24/96
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
I. Provide adequate access, parking, landscaping, trash and storage, as necessary.
STAFF ACTION:
Staff recommends APPROVAL of this request for the foUowing 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 docwnent;
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 environmelltal 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.
In addition, Staff recommends the foUowing conditions be placed on the granting of this request:
I. MITIGA nON MEASURES # 1 THROUGH #8. contained within the Negative Declaration prepared
under AlS 96-22 (PUD), dated October 1996, shall be applied to the approval of the project in order
to reduce and/or mitigate all potential sigrtificant impacts to a level of insignificance, as required under
the California Environmental Quality Act (CEQA).
2. If: after four years (from the date ofPUD design review approval), the Planning Division deems that
parking at the proposed (Taco Bell) restaurant is inadequate, the owner of the proposed restaurant shall
file a minor deviation application, provide additional off-site stalls, reduce the number of seats, or
combination thereof, subject to review and approval by the Planning Division.
3. The developer shall provide an additional space adjacent to the space behind the proposed
monument sign, subject to review and approval by the Planning Division.
4. All compact parking spaces shall be a minimum of eight fiet wide, subject to review and approval
by the Planning Division.
5. 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 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. All trash enclosures shall consist of visually solid fences and gates, six 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. All trash enclosures shall be located in accordance with the approved site plan
and fire regulations. In addition, recycling bins and space for glass, aluminum, and plastics, shall
be provided within the trash enclosure, subject to Planning Division approval.
A/S 9~22 (PUD) .
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12124/96
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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 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, subject to review and approval by the Planning Division.
9.
The developer shall install a 1500-gallon clarifier. All plumbing -with the exception of the
restrooms-shall be plumbed through the clarifier. Plumbing plans shall be submined, indicating
all proposed sinks, floor drains, pipe runs, connections, and existing lines, subject to review and
approval by the Chemical Control Division.
10.
The developer shall install a knox box, subject to review and approval by the Fire Prevention Division.
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William Faus
Planner ill
Commu"ty Developmel: Department
Planning Division
Negative Declaration City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
City File Number: A1S 96-22
October 28,1996
Project Description
Name of Project:
Nature of Project:
Taco Bell Relocation
Proposed request to relocate a fast food restaurant into a new 2,628 sqare-foot
facility on a 0.67 acre lot.
Project Location
Location:
Assessor's Parcel #:
Northeast comer of First Street and Kern Avenue.
790-21-023
Entity or Person(s) Undertakine Project
Name:
Address:
Gary Laabs
2780 Alum Rock, San Jose, CA 95127
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
Division, 7351 Rosanna Street, Gilroy, CA 95020.
Findin~s & 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.
2. Identified adverse impacts are proposed to be mitigated through the contribution of development impact fees
and the application of required mitigation measures.
3. The proposed project is consistent with the adopted goals and policies of the Gilroy General Plan.
4. The Initial Study was independently reviewed by City staff, and this Negative Declaration reflects the
independent judgement of the City of Gilroy.
, Draft ~egative J:>ecAion
AIS 96-22 W
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10/28/96
Mitieation Measures
1. The project shall be designed in accordance with earthquake design regulations of the Uniform
Building Code, subject to review and approval by the City Building, Life and Environmental Safety
Division.
2. A soils investigation shall be prepared for the project by a qualified soils engineer. The
recommendations of the soils 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 permit.
3. The First Street driveway shall be at least 35 feet wide to accommodate two outbound travel lanes
and one inbound travel lane subject to review and approval by the State Department of
Transportation and the City Engineering Division.
4. A left-turn lane shall be striped on the Kern Avenue southbound approach to First Street. The
left-turn lane should be extended to the north as a two-way left-turn lane in the center ofKem
Avenue subject to review and approval by the City Engineering Division.
5. Modifications shall be made to the design of the drive-through lane to provide adequate storage for
vehicles between the service window and the menu board and storage for four vehicles prior to the
menu board subject to the review and approval by the City Engineering Division.
6. The design of all street improvements serving the project site shall be provided by the developer,
subject to the review and approval by the City Engineering Division.
7. The developer shall replace all deteriorating curb, gutter, sidewalk, and pave-out adjacent to the
project site, subject to the review and approval by the City Engineering Division.
8. A sidewalk shall be provided along the Kern Avenue frontage of the project site subject to the review
and approval by the City Engineering Division.
Date Prepared: October 28, 1996
End of Review Period: December 13, 1996
Date Adopted:
William F aus
Planner ill
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Taco Bell Relocation Initial Study
(A/S 96-22)
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 Uniform
Building Code.
2 A soils investigation shall be Developer City Building Division
prepared for the project by a
qualified soils engineer.
4 A left-turn lane shall be striped on Developer City Engineering Division
the Kern Avenue southbound
approach to First Street. The left-
turn lane should be extended to
the north as a two-way left-turn
lane in the center of Kem Avenue.
6 The design of all street Developer City Engineering Division
improvements serving the project
site shall be provided by the
developer.
7 The developer shall replace all Developer City Engineering Division
deteriorating curb, gutter,
sidewalk, and pave-out adjacent to
the project site.
4
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Taco Bell Relocation Initial Study
(A/S 96-22)
Mitigation Monitoring Checklist
Prior to approval of the Site Plan, the following mitigation measures shall be
implemented:
Mitigation Nature of Mitigation Party Responsible Party Responsible
Number for for
Implementation Monitoring
3 The First Street driveway shall be Developer City Engineering Division
at least 35 feet wide to
accommodate two outbound travel
lanes and one inbound travel lane.
5 Consider modifications to the Developer City Engineering Division
design of the drive-through lane to
provide storage for five vehicles
between the service window and
the menu board and storage for
four vehicles prior to the menu
board.
8 A sidewalk shall be provided along Developer City Engineering Division
the Kern Avenue frontage of the
project site.
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Community Development Department
Planning Division EXHIBIT B
Staff Memorandum
January 10, 1997
TO:
FROM:
SUBJECT:
FILE:
Jay Baksa, City Administrator
William Faus, Planner ill
Planning Commission action regarding the proposed Taco Bell restaurant
A/S 96,,22 (PUD)
At their meeting of January 9, 1997, the City Planning Commission reviewed plans for the new Taco Bell fast-food restaurant
proposed for the northeast comer of First Street and Kern Avenue. Following their review, the Planning Commission voted
unanimously (7-0-0) on the following two actions:
Action 1.
Recommended that the City Council adopt the related Negative Declaration (dated 10-28-96)
containing eight mitigation 1IleasW'CS.
Action 2..
Recommenc:k:d that the City Council approve the Planned Unit Development for Architectural and Site
Review # A/S 96-22 (PUD) with the following modification to condition # 2 and the addition of
condition # 11:
Condition # 2
If, Ufll;lfvul j'I;U/" (fiVIII il,1; ,lu'1; vfFUD o;k"'l;II IHin' UppIVt'Ulj, the Planning Division deems
that parking at the proposed (Iaco Bell) restaurant is inadequate, the owner of the proposed
restaurant shall file a minor deviation application, provide additional off-site stalls, reduce the
nwnber of seats, or combination thereof.. subject to review and approval by the Planning Division.
Condition # II
The applil:ant shall create and record a reciprocal parking agreement, in form acceptable to the
City, involving the subject parcel and the immediately-surrounding 4.0S-acre parceL No party
shall remove the JHI1'king agreement without the review and approval of the PlIInning Division.
STAFF RECOMMENDATION:
Staff recommends that the Ci~ Council take the followin2 two action.c;'
1. Adopt the Negative Declaration (dated 10-28-96) with eight mitigation measureS.
2. APPROVE the Planned Unit Development for Architectural and Site Review (A/S 96-22) request as amended
by the City Planning Commission.
Respeafiilly, ~
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William Faus
Planner ill
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 97-12
is an original
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resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 3rd
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
day of February, 19-21-,
Official Seal of the City of Gilroy this 10th
19
day of February
f
(Seal)
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