Resolution 1998-24
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RESOLUTION NO, 98-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING NS 97-69, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A 9,808
SQUARE-FOOT COMMERCIAL/RESIDENTIAL BUILDING
INVOLVING ,32 ACRES, APN 799-06-058,
WHEREAS, Custom One, Inc, ("Applicant") submitted NS 97-69, an application for
architectural and site approval for a 9,808 square-foot commercial/residential building on an
undeveloped lot located at 85 Fifth Street (APN 799-06-058); and
WHEREAS, the City's Historic Heritage Committee, at a meeting on March 24, 1998,
reviewed and recommended approval of NS 97-69, subject to a revised Condition #3 concerning
exterior lighting and a new Condition #11 concerning proposed colors for paint and tile; 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 prepared, finding that it 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 substantial effect
on the environment; and
WHEREAS, the Planning Commission reviewed Application NS 97-69 at its duly
noticed meeting on April 2, 1998, and recommended that the City Council approve NS 97-69
subject to eleven (11) conditions, as amended by the Historic Heritage Committee; and
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RESOLUTION 98-24
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WHEREAS, the City Council reviewed Application A/S 97-69 and all documents
relating thereto, and took oral and written testimony at its duly noticed meeting 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 that:
1, The project 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 generally consistent with
the intent ofthe text and policies ofthe General Plan documents,
2, The project is substantially consistent with the Downtown Gilroy Revitalization
Action Plan,
3, The facts as set forth more fully in the record incorporated herein, including but
not limited to the Revised Staff Report dated April 6, 1998, attached hereto as Exhibit A and
incorporated herein by this references, support the findings required to grant architectural and
site approval pursuant to the Gilroy Zoning Ordinance, and the Council hereby makes such
findings,
B. A/S 97-69 should be and hereby is approved, subject to:
1. The eleven (11) conditions set forth in the Revised Staff Report dated April 6,
1998, attached hereto as Exhibit A, except that Condition #3 as stated therein shall be amended
to state:
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RESOLUTION 98-24
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3, Exterior Lighting: No unobstructed beam of exterior lighting
shall be directed outward from the site toward any residential use
or public right-of-way, In addition, adequate exterior lighting shall
be provided along the Fifth and Eigleberry Street frontages, along
alleyways, and in the northeast corner of the property, subject to
review and approval by the Planning Division,
2, 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
APPROVED: (~
t:~ ~~~
K.A. Mike Gilroy, Mayor \
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Rhonda Pellin, City Clerk
IMSD\410762,01
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RESOLUTION 98-24
. EXHIBIT A
Communi~evelopment ~artment
Planning Division
Staff'Report
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mE NUMBER:
APPLICANT:
LOCATION:
STAFF PLANNER:
AlS 97-69
Custom One, Inc. (% Gary Walton)
85 Fifth Street, northeast comer at Eiglebeny Street
Bryan Stice
March 18, 1998
Revised April 6, 1998
REOUESTED ACTION:
The app!icant requests Architectural and Site Review approval in order to construct a 9,808-square-foot
commercial/residential building on an undeveloped lot. The .33-acre project site is zoned C1-HN
(Neighborhood Commercial - Historic Neighborhood).
DESCRIPTION OF PROJECT:
Parcel No:
Parcel Size:
Flood Zone:
799-06-058
13,939:l: square feet (,32:: acres)
. "B", panel #: 06034-0000 2C, dated 10/06/81
STATUS OF PROPERTY:
Existing Land Use
Undeveloped
General Plan Designation
Neighborhood Commercial
Zoning
C1-HN
STATUS OF SURROUNDING PROPERTY:
Existing Land Use
Commercial Office
. Restaurant
Commercial Offices
ReSidential Dwelling
North:
East:
South: .
West:
General Plan Designation
Neighborhood Commercial
NeighborhoodComm~cial
Neighborhood Commercial
Neighborhood Commercial
Zoning
Ci-HS/HN
C1-HS/HN
C1
C1-HN
CONFORMANCE OF REOUEST WITH GENERAL PLAN:
The proposed Architectural and Site Review request conforms to the land use designation for the property on
the General Plan nuip and is generally consistent with the intent of the text of the General Plan document. This
request is consistent with the follpwing General Plan policies:
V Economic Development. Downtown. Policv 25
,.. The downtown will provide in close proximity, governmental services andfacilities,' cultural and
recreational activities, a broad range of retail activities, financial and professional services,
entertainment and housing for residents. Mixed use developments will be encouraged:
AlS 97-69
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2
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3/18/98
Revised 4/06/98
Housinl Element Policy A. PrOlraJD #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.
ENVIRO~NTAL 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 Februmy 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 toa point where no significant impacts will occur.
The InitiaI 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 were 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 APPLICA nONS:
CUP 97-08
Request for Conditional Use Pennit (CUP) application approval, as required under Zoning Ordinance Section
18.30 (Commercial Use Tab/e), in order to construct multiple residential units with the proposed commercial
units. This application enables the City an opportunity to review the proposed project for its potential conflicts
with surrounding properties as well as forits merits, Approved by the Planning Commission on April 2, 1998,
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 mmum front setback is 20 feet, and the minimwn
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. Approved by the Planning Commission on April 2,
1998,
ANALYSIS OF REOUEST:
The applicant is requesting Architectural arid Site Review approval in order to construct a 9,808-square-foot
commercial/residential building on a .32-acre comer lot The 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 Eigleberry Street.
AlS 97-69
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3
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3/18/98
Revised 4/06/98
The proposed project involves the construction of a 9,808-square-foot building and a 2,500-square-foot rear
collItYard. This mixed-use building will include six, first-floor commercial units and six, second-story
residential units. As proposed, the new building will be situated approximately five feet from the front (south)
property boundmy and five feet from the street-side (west) property boundmy. The L-shaped building
effectively encloses the courtyard by extending to within eight (8) feet from the rear (north) and side (east)
property boundaries and by reaching 31 feet in height The southwest comer of the building is angled and
recessed in order to allow adequate comer visibility. .
The first-floor commercial writs total 5,151 square feet and comprise the main element of the proposed project
The six, side-by-side writs will face Fifth and Eigleberry Streets and will range from 813 to 1,000 squarefeet
Most commercial units will feature a rear door which leads to the rear courtyard (discussed below), The
building is designed such that most of the commercial tenants will be able to choose various front door
locations,
A total of six studio residential units (rangirig from 619 to 969 square feet) are proposed for the second floor
-one unit directly above each business, Each proposed studio writ will 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 livirig room areas (overlooking Fifth or Eigleberry 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
balconies, Proposed residential units will be rented. Note: As a condition of project approval, all residential
writs 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.
. As illustrated, the proposed commercial/residential building will be constructed with the following architectural
features and building materials:
· Hipped roof design with ceramic tiles and tile trim;
· Decorative portals centered along the south and west elevations;
· Wood-framed construction with stucco siding and wood trim;
· Arched courtyard entrances; and
· Large, recessed french windows,
The 2,500-square-foot rear courtyard area is a key element of the project and will feature a large patio with.
a wood trellis,. a center lawn area, planter areas, and enclosures for trash and mechanical equipment. This
courtyard area will comprise approximately 18% of the project site. Landscaped areas are distributed
evenly throughout the rear courtyard Two staircases lead from the courtyard to second-story residential units,
In addition, a new si~-foot-high stucco wall is proposed along the north and east property boundaries and will
enclose the courtyard. The specific design of the wall will be further reviewed by the Planning Division as a
condition of project approval.
The proposed commercial writs 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 arched openings near the northwest and southeast comers of the site. Access to the rear courtyard area
will also be possible through most commercial unifs rear door. Existing off-street parking spaces are provided
along Eigleberry Street north and south of the project site, This project is exempt from on-site parking
requirements since the project site is located within the downtown parking assessment district.
Proposed landscaping for the project site is evenly distributed throughout the site. Approximately nine percent
of the site will be landscaped. This area includes a 690-square-foot central lawn area in the rear courtyard.
Detailed landscape and irrigation plans are required as a condition of project approval, This project is,
substantially consistent with the City's General Plan, Zoning Ordinance, and Downtown Gilroy Revitalization
Action Plan. '
AlS '97-69
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4
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311S/98
Revised 4/06/98
mSTORIC HERITAGE COMMITrEE ACTION:
At their meeting of March 24, 1998, the City's Historic Heritage Committee reviewed and' recommended
approval of the project (A/S 97-69 ) by a vote of 5-0, subject to the following revised and new conditions:
(revised) 3. Exterior Lighting: No unobstructed beam of. exterior lighting shall be directed outward
from the site toward any residential use or public right-of-way, In,addition, adequate
exterior lighting shall be provided in the northeast corner and walkways of the property,
subject to review and approval by the Planning Division. '
(new). 11. TIle developer slullJ use the proposed paintltile colors submitted m,d reviewed as part of
tl,e project, subject to review and approval by the Planning Division.
PLANNING COMMISSION ACTION:
At their meeting of April 2, 1998, the Planning Commission voted 5-1-1 to recommend City Council approval
of A/S 97-69 with 11 conditions, as amended by the Historic Heritage Committee.
The Planning Commission voted as follows: .
AYES: Blankley, Collier, Lai, Puente, Tucker
NA YES: Gartman
ABSENT: Pinheiro
STAFF RECOMMENDA nON:
Staff recommends that the City Council approve this request as recommended by the Historic Herita2e
Committee and the Plannin2 Commission. In addition. staff recommends the followin~ conditions be
placed on the 2rantin2 of this request: .
1. MITIGATION MEASURES #1 THROUGH #3, contained within the Negative Declaration prepared
under CUP 97-08, dated February 27, 1998, shall be applied to the approval of the project in order to
reduce and/or mitigate all potential significant impacts to a level of insignificance, as required under the
California Environmental Quality Act (CEQA),
2. 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 perinit. 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.
3. Exterior Lighting: No unobstrUcted beam of exterior lighting. shall be directed outward from the site
toward any residential use or public right-of-way, In addition, adequate exterior lighting shall be
provided in the northeast corner and walkwavs of the property, subject to review and approval by the
Planning Division,
4. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a bwlding 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,
A1S 97-69
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5
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3/r8/98
Revised 4/06/98
S. A trash enclosure is required and 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, '
6, 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.
7, 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.
8, 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.
9, The owners shall comply with applicable handicap accessibility requrrements, subject to Building, Life
& Environmental Safety Division review and approval.
10, All damaged sidewalk, curb, and/or gutter shall be replaced prior to final occupancy, subject to review
and approval by the Engineering Division,
11. TIle developer s/Iall use the proposed paint/tile colors submitted and reviewed as part oft/Ie project.
subject to review WId approval bv ti,e Plannine Division.
Respectfully, ~
/ /~' !4~
. I jtl.t C (h??
"v
William F aus
Planning Division Manager
Attachments
C:\WPWIN60\BRYAN\REPORTS\ARC&SITE\1997\97-69REV,STA
EXHIBIT B .
Communit1oevelopment rlpartment
Planning Division
Negative Declaration City of Gilroy
7351 Rosanna St.
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 comer at Eigleberry Street)
799-06-058
Entity or Person(s) Undertaking 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,
Findings & 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 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 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
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2/2797
Miti2ation 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 burieii 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,"
/t//. 2?
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w~ ~am 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:IWPWIN60IBRY AN\DOCUMENTlNEG-DECIFIITH_ ST.NEG
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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
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
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 98-24 is an original resolution, duly adopted by the Council ofthe 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 of the City of Gilroy
(Seal)