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Resolution 1998-23 . . RESOLUTION NO, 98-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING V ARIANCE V -97 -04, AND DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION ON VARIANCE V-97-04 (APN 799-06-058) WHEREAS, Custom One, Inc, ("Applicant") submitted a request for approval of Variance V -97 -04 to allow a commercial/residential building to be constructed on an undeveloped lot located at 85 Fifth Street, to be known as the Fifth Street Commons Project (APN 799-06-058); and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the Planning Commission on April 2, 1998, in connection with related application CUP 97-08, reviewed, considered and adopted a Negative Declaration with three (3) mitigation measures, for which a Mitigation Monitoring Program has been adopted, 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 considered Variance V -97 -04 at a duly noticed public hearing on April 2, 1998, and approved Variance V-97-04 subject to three (3) conditions; and WHEREAS, thereafter Curt and Judy Anslinger, (hereafter "Appellant") timely appealed the Commission's approval; and WHEREAS, the City Council considered Variance V -97 -04 and all documents relating thereto, including the Planning Division Staff Report dated March 18, 1998, and Staff IMSD\41 0752,01 83-052004706002 -1- RESOLUTION 98-23 . . Memorandum dated April 14, 1998, and took oral and written testimony at its duly noticed public hearing on 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 ofthe City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. Variance V-97-04 should be and hereby is approved, subject to: 1, The three conditions set forth on page 5 of the Staff Report, which is attached hereto as Exhibit A and incorporated herein by this reference, 2, The three (3) mitigation measures set forth in the Negative Declaration attached hereto as Exhibit B and incorporated herein by this reference, B. The Mitigation Monitoring Program in Exhibit C is hereby adopted, C, The appeal of Curt and Judy Anslinger is denied, PASSED AND ADOPTED this 18th day of May, 1998, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, SPRINGER, SUDOL, GILROY NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: ROWLISON ~. Rhonda Pellin, City Clerk IMSD\410752,01 83-052004706002 -2- RESOLUTION 98-23 Communi~evei~p~ent ~partme~t Planning Division Staff Report FILE NUMBER: APPliCANT: LOCATION: STAFF PLANNER: REOUESTED ACfION: V 97-04 Custom One. Inc. (Cia Gary Walton) 85 Fifth Street (between M~nterey and Eigleberry Streets) Bryan Stice March 18. 1998 The applicant requests approval of a variance in order to construct a 9,808-square-foot commercial/residential building with the four following Zoning Ordinance deviations: (i) A reduced front yard building setback; ~ A reduced street-side yard building setback; ~ A redueea ffeBt y8I'Ci fefteelv.-aH setbaek; ~ (i) Reduced landscape planters along street frontages. DESCRIPTION OF PROJECF: Parcel No: Parcel Size: Flood Zone: 799-06-058 13.939:1: square feet (.32:%: acres) "B", panel #: 06034-0000 2C, dated 10/06/81 STATUS OF PROPERTY: EXistine Land Use . Undeveloped General Plan Desjenation Neighborhood Co~ercial Zonine CI-HN STATUS OF SURROUNDING PROPERTY: Existine Land Use Commercial Office Restaurant. Commercial Offices Residential Dwelling North: East: South: West: General Plan DestiJlation Neighborhood Commercial Neighborhood Commercial Neighborhood Commercial Neigbbomood Commercial Zonina CI-HSIHN CI-HSIHN CI CI-HN CONFORMANCE OF REOUEST WITH GENERAL PLAN: The proposed Variance 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 Staff Report V 97-04 . ENVIRONMENTAL IMPACI'S: NEGATIVE DECLARATION 2 . 3/18/98 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 compliarice with CEQA and reO.ects the independent judgement of the City. The study identified potentially significant effects on the environment, however, the applicant has agreed to individual mi~gation measures whicP will avoid or mitigate the effects.to a point where no significant impacts will occur. The Initial Study was circUlated for a 21-<tay period ending March. 23~ 1997, with the City receivi!1g ~o written responses. There is no substantial evidence that the proposed project may have a signijicant . 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 '. RELATED APPLICATIONS: CUP 97-08 , Request for Conditional Use Pennit (CUP) application approval, as required under Zoning Ordinance Section 18.30 (Commercial Use Table), in order to construct multiple residential tmits with the proposed commercial units, This application enables the CiW an opportunity to review the proposed project for its potential conflicts with surrounding properties as well as for its merits. AlS 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. . ANALYSIS OF REOUEST:' The applicant is requesting approval of a variance application in order to construct a 9,808-square-foot commercial/residential building with the four following Zoning Ordinance deviations: (i) A reduced front yard building setback; ~ A reduced ~-side yard building setback; (3) A reduced front yard fence/wall setback; and (4) Reduced landscape planters along street frontages. The .32-acre project site is located within the Historic Neighborhood at the northeast comer of Fifth and Eigleberry Streets, and is zoned C1-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 Staff Report V 97-04 . 3 . 3/18/98 The existing historic building adjacent to the project site's east property. boundary is the former Gilroy Fire Station (currently recognized as the Station SS restaurant). This two-story building is set back approximately five feet from the front property boundaIy. The eXisting historic building north of the site is the former Graef House, and is set back approximately 18 feet from the.front property boundary. Existing buildings south of the project site are located approximately five feet from their front property bOUIidaries, with the comer building on or near its street-side property boundary. The proposed project involves the construction of six first-floor, commercial units and six second story, residential units, A 2,SOO-square-foot rear courtyard area is also proposed and will feature a large patio with a wood trellis, a center lawn ar~ 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 applicant is requesting Planning Commission approval of the four following development characteristics: (i) Reduced Front Yard Building Setback , If approved, the proposed two-story building will be set back approximately five feet from the front (south) property boundary along Fifth Street Note: As required under Section 19,30 of the CitY Zoning Ordinance, buildings within the C 1 zoning district are required to be set back a minim1'''' of 20 feet from the front property boundary. Since this commercial building is proposed to be located within the front yard setback, a variance must be granted in order to allow the location of the building. Staffbas observed that most all of the bllildi~ along Fifth Street (between Matterey and Eiglebeny Streets) are set back approximately zero to five fi:et. By maintainit,g a five-foot setb=1ck. this project achieves a consistent continuation of the existing development pattern, and of the historical nature of the downtown neighborhood, Most importantly, the existing building directly east of the site (adjacent to the east property boundary) is set back approximately five feet. Developing the new building with a front yard set back greater than that proposed would result in an unattractive "gap effect." l2) Reduced street-side yard building setback If approved, the proposed building will be set back approximately five feet from the street-side (west) property boimdary along Eigleberry Street. Note: 'As required under Section 19.30 of the City Zoning Ordinance, buildings within the Cl zoning district are required to be set back a minimum of 10 feet from the street-side property boundary. .Since this commercial building is proposed to be located within the street-side yard setback, a variance nwst be granted. Similar to the pattern of reduced fn;mt setbacks is the pattern of reduced strcet-side ~cks amoog otbCr existing buiJdinv within the immediate area. The property to the south of the site (across Fifth Street) also encroaches within its current street-side-yard setback. Approval of this request keeps with the existing, historical development pattern. (3) Reduced front yard fencelwall setback The proposed six-foot-bigh stucco wall will be set back approximately five feet from the front (south) property bOWldary, if approved by the Planning Commission. . Note: As required under Section 34.32 (a) of the City Zoning Ordinance, fences or walls within the canmercial zoning district "shall not be built within the required front setback." In this case, the required front yard set back for the project site is 20 reCt. Since thC proposed stucco waIl will be located within the froot yard setback, a variance must be granted. . However, this waIl is proposed to be constructed along the east property boundary, adjacent to, and obscured by, the Station 55 ~. Staff contends that development of the stucco wall within the front setback would be a consistent continuation of the reduced-setback development ~ Staff Report V 97-04 . .' 4 . 3/18/98 - <j) Reduced landscape .lanten a1001 street frootqes Since the applicant proposes to construct the commerciaJ/residential building approximately five feet from the front and street-side property boWldarles, the subject building will encroach within the required street frontage landscape area Note: As, required under Section 38.22 of the City Zoning Ordinance. a minimum of 10 feet of landscaping"sball be provided along each street frontage in addition to the public right-of-way." Proposed building and sidewalk locations will eliminate the provision of a solid, 100foot-wide , landscape plaoter area along bod1 street fimtagcs. Since the-required "street frontage" landscaping will be less than 10 feet wide, a variance must be granted. As with the reduced building setbacks, the neighboring properties ~ the historic downtown area lack street frontage landscaping, . . . Staffhas reviewed.this project for its consistency with City regulations as well as with its compatibility with surrounding properties. As mentioned above, the surroWlding commercial properties all have existing buildings which encroach within the required front yard setback. The property to the south of the site also encroaches within its current street-side-yard setback. Furthermore, the site's adjacent properties do not have the minimum 10-foot-wide planter areas currently required Wlder the Zoning Ordinance. Given the current loeational characteristics of the SurrOWlding buildings, staff has determined that the applicant's request for the above-mentioned variances would not jeopardize the character of the surrounding neighboIhood or properties. Stafffurther contends that the proposed development -as illustrated- would provide a logical and harmonious link between existing, adjacent properties. Overall, this project is substantially consistent with the City's General Plan text, Zoning Ordinance, and the . Downtown Gilroy Rev;ta/i~tion Action Plan. REOUIREp FINDINGS: By definition, variances do not conform to the policies and regulations of Gilroy's Zoning Ordinance. In order to approve a variance all the following five findings must be made: 1, That there are exceptional or extraordinary circumstances applying to the property involved or to the proposed use; 2. That because of such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of this Ordinance would result in practical difficulty or WlIlCCesSaIy hardship such as to deprive the applicant of a substantial property right possessed by other owners of property in the same class or district; 3. That the allowance of the variance will not, under the circumstances of the particular case, be materially detrimental to the public welfare 'ormaterially injurious to persons or property in the vicinity; 4. That the results of allowing the variance as specified will be in harmony with the general intent of the Zoning Ordinance; and 5, That the gniming of a variance will not constitute the granting of a special privilege greater than that provided for by the standard provisions of this Ordinance for other properties in the vicinity and in the same zoning district Staff Report V 97-04 . STAFF ACTION: 5 . .. -- 3/18/98 . Staff ~ommends approval of thi!l request for the foUon: reJUons: 1. The literal enforcement of specified provisions of this Ordinance would ,result in a practical difficulty and unnecessary hardship given the fact that immediately surrounding buildings and structures are currently located in similar and more-encroaching positions than the subject commerciaJ/residential building is proposed to be. Landscape and planter areas w.ithin surro1D1dingproperties are minimal; 2. Approval of this request will not present any safety conflicts or be materially detrimental to the public welfare; . . _ . 3, Approval of-this request will enable the project to achieve increased consistency with the Downtown Gilroy Revitalization Action Plan; 4, Approval of this request wiJl notjeopaidize the general intent of the City Zoning Ordinance; and 5. Since surrounding properties already feature similar development characteristics as those currently proposed for the subject project, the granting of a variance will not constitute the granting of a special privilege greater than that provided for other properties in the vicinity and in the same zoning district In addition. staff ~ommends that the foUone ~onditions be placed on the eJ'BDtin: 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 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. . 2, The developer shall submit plans for specific wall designs for Planning Division review and approval. prior to building permit issuance. The east wall shall be designed such that a see-through iron gate encloses any gaps between the subject wall and the adjacent east building. Should the off-site gate not be provided, the developer shall design the wall with large decorative openings to enable sufficient visibility. . . 3, The developer shall install a sewer test manhole, subject to review and approval by the Building, Life, and Environmental Safety Division .~ ,t/~ William Faus Planning Division Manager Attachments At their meeting of April 2, 1998, the Planning Commission voted 6-0-1 {pinheiro absent} to approve the requested variance (V 97-(4) with three conditions. . . C:\WPWIN6O\8R.Y AN\REPORTS\V ARIANCE\97.()4~A , . ,EXHIBIT B . Communit1oevelopment rfpartment Planning Division Negative Declaration City of Gilroy 7351 Rosanna S t. Gilroy, CA 95020 ( 4q8) 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 comer 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, Findin2s & 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 2 . 2/2797 Mitiaation 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, Due to the possibility that significant buried 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 fmd 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 fmd is determined to be significant, appropriate mitigation measures shall be formulated and implemented," /{//.. ff ~~ Wl lam Faus I 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\FIFrH_ ST.NEG . EXHIBIT C . 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 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 and 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 Due to the possibility that significant buried 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 20d 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," ' Fifth Street Commons Mitigation Monitoring Program Developer Gilroy Building Division Developer Gilroy Planning Division Gilroy Building Division Developer Gilroy Planning Division MMP-3 . . \ , 1_ I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 98-23 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. ~~. City Clerk oJ the City of Gilroy (Seal)