Resolution 1998-22
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RESOLUTION NO, 98-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY MODIFYING THE DECISION OF THE PLANNING
COMMISSION APPROVING CUP 97-08, UPHOLDING AN
APPEAL AND DENYING A SECOND APPEAL OF THAT
DECISION, AND APPROVING AS SO MODIFIED CUP 97-08,
A REQUEST FOR A CONDITIONAL USE PERMIT IN ORDER
TO CONSTRUCT A COMMERCIAL/RESIDENTIAL
BUILDING ON ,32 ACRES, APN 799-06-058,
WHEREAS, Custom One, Inc, ("Applicant") requested Conditional Use Permit (CUP)
approval in order to construct a 9,808 square-foot commercial/residential building on an
undeveloped lot located at 85 Fifth Street, to be known as the Fifth Street Commons Project; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the
Planning Commission on April 2, 1998, adopted a Negative Declaration with three (3) mitigation
measures, for which a Mitigation Monitoring Program has been prepared, finding that the
Negative Declaration reflected the independent judgment of the City and that, on the basis of the
initial study and any comments received thereon, there was no substantial evidence that the
project will have a significant effect on the environment; and
WHEREAS, the Planning Commission reviewed Application CUP 97-08 at a duly
noticed public hearing on April 2, 1998, and approved CUP 97-08 subject to 3 conditions, plus
an additional Condition #4 that the Applicant secure leases for 11 parking spaces to
accommodate residential parking; and
WHEREAS, following the Planning Commission hearing, the City timely received two
appeal letters, one from Curt and Judy Anslinger appealing the Commission's approval, and a
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RESOLUTION 98-22
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second from the Applicant appealing Condition #4 concerning the 11 required parking spaces;
and
WHEREAS, the City Council heard the appeals and reviewed CUP 97-08 and all
documents relating thereto, including the Planning Division Staff Report dated March 18, 1998,
and took oral and written testimony at its duly noticed public hearing of April 20, 1998; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based in the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds:
1. Applicant's appeal of Condition #4 as a requirement of the development should
be and hereby is upheld, and Condition #4 requiring 11 parking spaces is hereby deleted from the
Conditional Use Permit;
2, The appeal of Curt and Judy Anslinger is denied,
B, CUP 97-08 should be and hereby is approved, subject to:
1, The three (3) conditions set forth on page 5 of the Staff Report, which is attached
hereto as Exhibit A and incorporated herein by this reference;
2, A new Condition #4, which shall read in its entirety as follows:
Condition 4, The Applicant acknowledges the existence of the
historic former Gilroy Fire Station adjacent to the project site's
east property boundary, now operated as the Station 55 restaurant,
and further acknowledges that Station 55, as a duly-licensed
restaurant and bar, is entitled to continue in full operation to the
extent permitted by law, that Station 55 is licensed to be open to
the public from 6:00 a,m, to 2:00 a,m" 365 days of the year, and
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RESOLUTION 98-22
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that such operation may involve, among other things, the release of
odors from cooking and cleaning, as well as noises associated with
such a business, including musical entertainment.
3, The three (3) mitigation measures set forth in the Negative Declaration attached
hereto as Exhibit B and incorporated herein by this reference,
C, The Mitigation/Monitoring Program set forth in Exhibit C is hereby adopted,
PASSED AND ADOPTED this 18th day of May, 1998, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, GIFFORD, MORALES,
SPRINGER, SUDOL, GILROY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: ROWLISON
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Rhonda Pellin, City Clerk
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RESOLUTION 98-22
, EXHIBIT A . .
Communi'Development rlpartment
Planning Division
Staff Report
FILE NUMBER:
APPLICANT:
LOCATION:
STAFF PLANNER:
CUP 97-08
Custom One, Inc, (% Gary Walton)
85 Fifth Street (between Monterey and Eigleberry Streets)
Bryan Stice
March 18, 1998
REOUESTED ACTION:
The applicant requests Conditional Use Permit (CUP) approval in order to construct a 9,808-square-foot
commercial/residential building on an undeveloped lot. The ,32-acre project site is zoned CI-HN
(Neighborhood Commercial- Historic Neighborhood),
DESCRIPTION OF PROJECT:
Parcel No:
Parcel Size:
Flood, Zone:
799-06-058
13,939:i: square feet (.32:i: acres)
"B", panel #: 06034-0000 2C, dated 10/06/81
STATUS OF PROPERTY:
Existing Land Use
Undeveloped
General Plan Designation
Neighborhood Commercial
Zoning
CI-HN
STATUS OF SURROUNDING PROPERTY:
Existing Land Use
Commercial Office
Restaurant
Commercial Offices
Residential Dwelling
North:
East:
South:
West:
General Plan Designation
Neighborhood Commercial
Neighborhood Commercial
Neighborhood Commercial
Neighborhood Commercial
Zoning
CI-HS/HN
C 1-HS/HN
Cl
CI-HN .
CONFORMANCE OF REOUEST WITH GENERAL PLAN:
The proposed Conditional Use Permit request conforms to the land use designation for the property on the
General Plan map and is generally consistent with the intent of the text of the General Plan document. This
request is consistent with the following General Plan policies:
V Economic Development. Downtown. Policv 25
.., The downtown will provide in close proximity, governmental services and facilities, cultural and
recreational activities, a broad range of retail activities, financial and professional s,ervices,
entertainment and housingfor residents, Mixed use developments will be encouraged.
CUP 97-08
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3/18/98
Housin2 Element Policy A. Pro2ram #6
... The City will provide incentives, such as density bonuses or allowing residential units to exceed the
site's commercial floor area ratio, to encourage housing development in the downtown, consistent with
the downtown revitalization program,
ENVIRONMENTAL IMPACTS:
NEGATIVE DECLARATION
An Initial Study was prepared for the proposed project by one of the City's independent environmental
consultants (EMC Planning Group) in February 1998, The study was completed in compliance with CEQA
and reflects the independent judgement of the City, The study identified potentially significant effects on the
environment, however, the applicant has agreed to individual mitigation measures which will avoid or mitigate
the effects to a point where no significant impacts will occur,
The Initial Study was circulated for a 21-day period ending March 23, 1997, 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 Negative Declaration with three (3) mitigation measures and a
Mitigation Monitoring Program (both attached) have been prepared, No written responses have been
received as a result of the Initial Study circulation period, There is no substantial evidence that the proposed
project may have a significant effect on the environment.
RELA TED APPLICATIONS:
V 97-04
Request for Variance Application approval in order to construct the subject building approximately five feet
from the front and street-side property boundaries, The minimum front setback is 20 feet, and the minimum
street-side setback is 10 feet. Approval of this variance would also allow a reduction in the amount of
landscaping required for the project site's street frontages, as well as for a stucco wall to encroach
approximately seven feet within the front yard setback.
A/S 97-69
Request for Architectural and Site Review approval to construct a 9,808-square-foot commercial/residential
building, This requests requires review by the Historic Heritage Committee and Planning Commission and
review and approval by the City Council since the project site is located within the Historic Neighborhood
combining district. .
BACKGROUND:
Up until 1988, the project site served as the location of the 14-unit "Drake Apartments," These apartments
were destroyed by fire in March 1988, Since demolition and removal of the apartments in October 1988, the
property has remained vacant.
Recently, the applicant (Custom One, Inc.) expressed interest in constructing a commercial building with
multiple, second-story residential units on the project site, Since multiple residential units were not
allowed within the C 1 zoning district, a Zoning Ordinance text change was recominended by the Planning
Commission (7-0) at their meeting of January 8, 1998, and approved by the City Council (7-0) at their
meeting of January 20, 1998, The new zoning ordinance language allows multiple residential units within
both the C 1 and C2 zoning districts, subject to a Conditional Use Pennit and four specific guidelines
discussed further in this report,
CUP 97-08
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3/18/98
ANALYSIS OF REOUEST:
'The applicant is requesting approval of a Conditional Use Permit (CUP) in order to construct a
9,808-square-foot commercial building with six, second-story residential units on a .32-acre lot. The project
site is located within the Historic Neighborhood at the northeast comer of Fifth and Eiglebeny Streets, and
is zoned CI-HN (Neighborhood Commercial-Historic Neighborhood), Existing commercial businesses
surround the site on the north, east, and south, Historic sites of local and county significance are located
immediately to the north and east of the project site, A single-family dwelling is located to the west, across
Eiglebeny Street.
Zoning Ordinance Section 18.30 (Commercial Use Table) requires Planning Commission approval of a CUP
for multiple residential units within the Cl (Neighborhood Commercial) zoning district. If approved, the
proposed mixed-use development will consist of the following three elements:
Q) Commercial Units
A total of six, first-floor commercial units comprise the main element of the proposed project.
The side-by-side units .will face Fifth and Eiglebeny Streets and will range from 813 to 1,000
square feet. Most commercial units will feature a rear door which leads to the rear courtyard
(discussed below),
(g) Residential Units
A total of six studio residential units (ranging from 679 to 969 square feet) are proposed for the
second floor -one unit directly above each business, Each studio unit would be linked by an
exterior covered walkway, accessible by staircases in the rear courtyard at each end of the'
building, Each studio unit will feature large living room areas (overlooking Fifth and Eiglebeny
Streets), small kitchens and dining areas, and master bedrooms (over-looking the rear
courtyard), Each end unit (units #1 and #6) will feature small outdoor decks, Proposed
residential units will be rented,
Note: As a condition of project approval, all residential units shall be designed and constructed
with acoustically-effective materials in order to comply with minimum noise attenuation
standards for residential properties, as set forth within the City's General Plan,
<ID Rear Courtyard
The 2,500-squaie-foot rear courtyard area will feature a large patio with a wood trellis, a center
lawn area, planter areas, and enclosures for trash and mechanical equipment. In addition, new
stucco walls along the north and east property boundaries will enclose the courtyard,
The proposed commercial units will be accessible directly from the public sidewalks along Fifth and
Eigleberry Streets. The second-story residential units and rear courtyard will be accessible from the public
sidewalks through entrances near the northwest and southeast comers of the site. Access to the rear
courtyard area will also be possible through each commercial unit's rear door,
Multiple residential units within theCI (Neighborhood Commercial) zoning district are conditionally allowed
under the City Zoning Ordinance, subject to the following four guidelines,
A. TIle Ilumber of residelltial ullits sllall/lOt compromise tile quality or cllaracter of allY existillg or
proposed busillesses located 011 tile same property.
Stafffeels that SLX is an appropriate number of residential units to blend with the proposed businesses,
Since both the commercial and residential units are designed together as parts of the same project, staff
anticipates that both will blend harmoniously, and not compromise the quality or character of the
proposed businesses,
CUP 97-08
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3/18/98
B. The IIWlwer of residelltial dwellillgs shall be limited by the availability m,d provisioll of off-street
parkillg stalls.
The project site is located approximately 65 feet from a 62-space public parking lot to the north, A
second public parking lot is located half a block to the south, on the east side of Eiglebeny Street,
between Fifth ahd Sixth Streets, According to the parking analysis, conducted forthis project during
the environmental review process, these off-street parking spaces are under-utilized, The study
identifies that during peak parking demand hours only 34 spaces (55%) within the north public parking
lot are utilized, and only 29 spaces (38%) within the south public parking lot are utilized,
C All bedrooms proposed for residential use sl,all meet millimum square footage requirements in
eomplim,ee witl, tl,e Uniform Buildillg Code.
All bedrooms with the proposed residential units exceed the Uniform Building Code's minimum square
footage requirements,
D. Opel' spaee sl,all be provided, whel' feasible.
An approximately 2,500-square~foot open space area is proposed as part of this project. This
courtyard area will comprise approximately 18% of the project site, Staff feels that the provision
of this courtyard area satisfies the intent of the open space guideline,
The intent of the above guidelines is to ensure that the City adequately review -on a case-by-case basis-
each request for multiple residential units, During review of the proposed project, staff identified the
following two concerns ,associated with this request:
#1. Parking
The project site is located within the downtown parking assessment district and, therefore, is exempt
from standard off-street parking requirements, The proposed project does not include the provision
of off-street parking spaces, Since the project site is located along a busy section of Fifth Street and
adjacent to popular restaurant, on-street parking spaces in front of the project site may be in high
demand following buildout of the project. However, according to the prepared parking analysis,
adequate public parking spaces are available even during peak demand hours, The analysis concludes
that sufficient parking is available within the immediate, half-block, and one block areas, Staff
anticipates that there m'\)' be occasional parkin~ shortages in the immediate area. followin~ buildout
of the project. However. staff does not anticipate parking to be a problem since a public parking lot
is located approximately 65 feet to the north,
#2. Compatibility with Surrounding Uses
Approval of the proposed project could eventually result in an increase of conflicts b~tween
commercial and residential land uses (i,e, noise, odor, complaints from additional residents in
commercial districts), Although it should be anticipated that residents choosing to live in the
downtown area are likely to be tolerant of most normal commercial activities, residents could fmd
certain commercial activities bothersome, Staff feels that any minor conflicts associated with mixin~
residential and commercial uses are far outweighed bv the benefits each use would experience (i.e.
increased security. pedestrian accessibility. increased potential for customers etCH ),
CUP 97-08
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3/18/98
This project is substantially consistent with the City's General Plan and Zoning Ordinance, In addition, this
project is consistent with the Downtown Gilroy Revitalization Action Plan, This Plan recommends the
following development characteristics for the downtown area:
· Mixed-use developments;
· Ground-level commercial uses with upper floor residential and office uses;
· Building designs "consistent with the informal, small-town, historical character of the
community; "
· Building designs with well-defined front and back areas and entries;
· Building designs "should conform to the existing pattern of design elements;" and
· "Activities within commercial buildings should be visible from the street and pedestrian-ways
encouraging visual connections between indoor and outdoor areas, "
STAFF RECOMMENDATION:
Staff recommends Planning Commission approval of the subject Conditional Use Permit(CUP), .The
following findings support this recommendation:
.. The proposed conditional use is compatible with the historic nature of the neighborhood and adjacent
properties;
.. The site is adequate to accommodate any landscaping or other amenities required as a condition of
approval of the conditional use permit;
.. The proposed CUP conforms to the land use designation for the property on the General Plan map, and
is consistent ,vith the intent of the text of the General Plan document;
.. There will be no significant environmental impacts as a result of this project;
.. Full street improvements currently exist at the proposed site;
.. The proposed location is near two public parking lots which have capacity to accommodate the
proposed development; and
.. As submitted, the this project is consistent with Zoning Ordinance Section 10.30, Residential Use
Table, and with the Downtown Gilroy Revitalization Action Plan.
In addition. Staff recommends the followin~ conditions be placed on the ::ranting of this request:
# 1, The developer shall design and construct all residential units with acoustically-effective materials in
order to comply with minimum noise attenuation standards for residential properties, as set forth within
the City's General Plan, subject to review and approval by the Planning Division,
#2, The developer shall submit plans for a uniform sign package prior to building permit issuance, All
proposed signage shall be subject to review and approval by the Planning Division,
#3, The owners shall comply with applicable handicap accessibility requirements, subject to Building, Life
& Environmental Safety Division review and approval,
William F aus
Planning Division Manager
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Respectfully,
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Attachments
C:\ WPWlN60IBR Y AN\REPORTSlCUPI 1997\97-08,STA
At their meeting of .2, 1998, the Planning Commission voe-0-1 (Pinheiro absent) to take the
following two actions:
Q) Adopt the Negative Declaration (dated February 27,1998) with three mitigation measures; and
~ Approve CUP 97-08 with three conditions plus the following additional condition:
4, The applicant shall secure leases for 11 parking spaces to accommodate the residential portion.
subject to review and approval by the Planning Division,
FOURTH ST.
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Cf.)
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(I)
Public
Parking
Site Map
fo r
CUP 97-08
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Cf.)
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EXHIBIT B
Communit.Development Iltpartment
Planning Division
Negative Declaration City of Gilroy
7351 Rosanna S t.
Gilroy, CA 95020
(408) 848-0440
City File Number: CUP 97-08
Project Description
Name of Project:
Nature of Project:
Fifth Street Commons
The proposed project consists of plans to construct a 5,400-square-foot
commercial office building with four to five second-story residential units totalling
4,100 square feet on a .32-acre lot.
Project Location
Location:
Assessor's Parcel #:
85 Fifth Street (northeast corner at Eigleberry Street)
799-06-058
Entity or Person(s) Undertakin2 Project
Name:
Address:
Custom One, Inc, (% Gloria Paiseau)
PO Box 1265
Morgan Hill, CA 95038 408-778-9505
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 that the project may have a significant effect on the
environment.
The following reasons will support these fmdings:
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 preparation of special studies, and
construction of off-site improvements,
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 Negative Declaration .'
CUP 97-08
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Mitilatlon Measures
1. 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 building plans and shall be reviewed and
approved by the Gilroy Engineering Division prior to approval of the building permit.
2. The following language shall be included on any permits issued for the project site, including, but not
limited to, building permits for the future development.
"All noise generating construction activities shall be limited to weekdays between 7 AM and 7
PM, to Saturdays cmd City holidays between 9 AM and 7 PM No construction is allowed on
Sundays, In addition, the developer will be required to use temporary berms or noise attenuation
barriers where feasible, "
3. pue to the possibility that significant burieo cultural resources might be found during construction, the
following language shall be included in any permits issued for the project site, including, but not limited
to building permits for the future development, pursuant to the review and approval of the Gilroy Planning
Division:
"If archaeological resources or human remains are discovered during construction, work shall be
halted at a minimum of 200 feet from the find and the area shall be'staked off. The project
developer shall notify the coroner or a the Director of the Archaeological Regional Research
Center, If the find is determined to be significant, appropriate mitigation measures shall be
formUlated and implemented, II
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w~ ~arn Faus,
Planning Division Manager
Date Prepared: February 27, 1998
End of Review Period: March 23, 1998
Date Approved By Planning Commission: April 2, 1998
C:\WPWIN60\BRY AN\DOCUMENTlNEG-DEC\FIITH_ST.NEG
EXHIBIT C
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Mitigation Monitoring Checklist A
Prior to issuance of a Building Permit, the following mitigation measures shall be
. implemented: .
1 A soils investigation shall be prepared for the Developer Gilroy
project by a qualified soils engineer, The Building
recommendations of the soils investigation shall be Division
incorporated into the final building plans and shall
be reviewed and approved by the Gilroy
Engineering Divh~ion prior to approval of the
building permit.
2 The following language shall be included on any Developer Gilroy
permits issued for the project site, including, but Planning
not limited to, building pennits for the future Division
development. "All noise generating construction
activities shall be limited to weekdays between 7 Gilroy
AM and 7 PM, to Saturdays and City holidays Building
between 9 AM and 7 PM, No construction is Division
allowed on Sundays. In addition, the developer
will be required to use temporary berms or noise
attenuation barriers where feasible."
3 Due to the possibility that significant buried Developer Gilroy
cultural resources might be found during Planning
construction, the following language shall be Division
included in any permits issued forthe project site,
including, but not limited to building permits for
the future development, pursuant to the review
and approval of the Gilroy Planning Division:
"If archaeological resources or human remains are
discovered during construction, work shall be
halted at a minimum of 20d feet from the find and I
the area shall be staked off, The project developer
shall notify the coroner or a the Director of the
Archaeological Regional Research Center. If the
find is determined to be significant, appropriate
mitigation measures shall ~e formulated and
implemented, "
Fifth Street Commons Mitigation Monitoring Program
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 98-22 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 18th day of May, 1998, 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 3rd day of June, 1998.
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City Clerk of the City of Gilroy
(Seal)