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Resolution 1997-12 . . '!- 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: \RPJ\331001.01 73-020504706002 -1- RESOLUTION NO. 97-12 . . 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. \RPJ\331001.01 73-020504706002 -2- . . 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: \RPJ\331001.01 73-020504706002 -3- . . 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" . 2 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) . 3 . , 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) . 4 . 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) . 5 . 12124/96 . 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 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. ij;,~ 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 2 . 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 . . 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 . . 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. 3 . . 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, ~ ~~ William Faus Planner ill t . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 97-12 is an original . 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) t