Resolution 1999-42
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RESOLUTION NO, 99-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING NS 99-15 (PUD), AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) INVOLVING
APPROXIMATELY 57.46 ACRES, APN 810-19-012
WHEREAS, Bonfante Gardens ("Applicant") submitted NS 99-15, an application for
architectural and site approval of a planned unit development ("PUD") for a 57.46 acre parcel
located at 3050 Hecker Pass Highway (Highway 152), west of Santa Teresa Boulevard; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA), the Santa
Clara County Board of Supervisors certified an EIR for the first phase of the project, and a
Supplemental EIR on the project's sewage system in 1986, and the City Council on July 16, 1990,
certified an EIR, along with twenty-five mitigation measures and a mitigation and monitoring
program; and
WHEREAS, the prior environmental documentation included this project in connection
with General Plan Amendment Application GPA 88-02, and the City has reviewed these reports in
conjunction with the current request, NS 99-15, and finds that the proposed theme park
improvements are substantially consistent with the prior environmental documentation; and
WHEREAS, the Planning Commission reviewed application NS 99-15 at its duly
noticed public meeting on May 6, 1999, and recommended that the City Council approve
NS 99-15; and
WHEREAS, the City Council held a duly noticed public meeting on May 17, 1999, at
which time the City Council considered the public testimony, the Staff Report dated April 23,
1999, and all other documentation related to application NS 99-15; and
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RESOLUTION NO, 99-42
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WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby adopts the following findings as required by Zoning
Ordinance section 50.55 based upon substantial evidence in the record:
1. The project conforms to the site's land use designation on the General
Plan map, and the General Plan standards of development
2, The project offers entertainment and activities to south Santa Clara County
and northern San Benito County, thereby fulfilling a specific need of the
surrounding area,
3, Public utilities and infrastructure improvements needed to serve the
project are located immediately adjacent to the project site,
4, The project provides a harmonious, integrated plan which, if required,
justifies exceptions to the normal requirements of the Zoning Ordinance,
5, The project is part of a larger theme-park, currently under construction,
thereby continuing the same pattern of development in the area,
6, The project includes landscaping provisions which will meet or exceed
those required, including an irrigation system which will aid in maintaining the
landscaping in a live, healthy and relatively weed-free condition,
7, The project is harmonious with the theme-park, and other uses in the
surrounding area,
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RESOLUTION NO, 99-42
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8, Any impacts from traffic congestion, noise, and other adverse effects will
be mitigated to the extent feasible,
9, The project provides adequate access, parking, landscaping, trash and
storage, as necessary,
B, The City Council hereby finds:
1. The project will not be detrimental to public welfare or mJUflous to
persons or property in the vicinity,
2, There is no substantial evidence in the record that this project will have a
significant impact on the environment
C. NS 99-15 should be and hereby is approved subject to:
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1. The thirteen (13) conditions set forth in the Staff Report dated April 23,
1999, attached hereto as Exhibit A and incorporated herein by this reference,
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RESOLUTION NO, 99-42
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2, The Mitigation/Monitoring Program, attached hereto as Exhibit B and
incorporated herein by this reference,
PASSED AND ADOPTED this 7th day of June, 1999, by the following vote:
AYES: COUNCILMEMBERS :
ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and
GILROY
NOES:
COUNCILMEMBERS
NONE
ABSENT:
COUNCILMEMBERS
NONE
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Rhonda Pellin, City
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RESOLUTION NO, 99-42
Open Space
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. EXHIBIT A .~
Community Development Department
Planning Division
Staff Report
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FILE NUMBER:
APPLICANT:
LOCATION:
STAFF PLANNER:
(PUD) AlS 99-15
April 23, 1999
(Revised May 12, 1999)
Bonfante Gardens (% Frank Dillon)
3050 Hecker Pass Highway (Highway 152), west of Santa Teresa Boulevard,
Bryan Stice
REOUESTED ACTION:
Planned Unit Development-Architectural and Site Review approval in order to construct a miniature golf
course facility, "Event Building, II and additional parking at an existing recreational/theme park facility on
property zoned He-PUD (Highway Commercial-Planned Unit Development),
DESCRIPTION OF PROPERTY:
Parcel Numbers: 810-19-012
Total Area: 57.46X acres
STATUS OF PROPERTY:
Existing Land Uses
Recreational Park/Gathering Facility,
Offices, Tree Nursery, Parking Lot,
Support Facilities
Uvas Creek
General Plan Designation
Visitor Serving Commercial
Zoning
HC
STATUS OF SURROUNDING PROPERTY:
Existins- Land Use General Plan Designation Zoning
, N: Hecker Pass Highway' FreewaylExpressway N/A
Tree Nursery Visitor Serving Commercial HC
S: Theme Park (under construction) Visitor Serving Commercial HC ""
E: Tree Nursery Visitor Serving Commercial HC
Theme Park Support Facilities Visitor Serving Commercial HC
Uvas Creek Open Space OS
W: Theme Park (under construction) Visitor Serving Commercial .HC
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(PUD) A/S 99-15
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4/23/99 (Revised 5/12/99)
CONFORMANCE OF REOUEST WITH GENERAL PLAN:
The proposed pre-zone request 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 This project also conforms with the
policies of Gilroy's General Plan, The following examples demonstrate this compliance:
Urban Develooment and Community DesifPI (Section ll):
Policy 3: Urban development will only occur within the incorporated portion of the
Planning Area, Land will therefore be annexed to the City before final
development approval is given,
The project site was annexed into Gilroy's incorporated City limits in April of 1999, Therefore,
the proposed project is consistent with this General Plan policy
Economic Development. Commercial (Section V):
Policy 14: Landscaping on commercial properties will be well maintained, Those properties
currently without landscaping will be encauraged to provide landscaping,
Extensive and unique landscaping features are the keystone element of the proposed project Vast'
areas within the project site are already landscaped and enjoyed by park visitors. The proposed
project is consistent with this General Plan policy.
Economic Development. Commercial (Section V):
Policy 22: Commercial development other than visitor-serving commercial uses associated. .
with theme recreation parks and small neighborhood commercial uses, will not "
be permitted west of Santa Teresa Boulevard, '.
The outdoor amusement/recreational component of the proposed project is part of an overall theme
recreation park, and thus, is compatible with this General Plan policy, .
ENVIRONMENTAL IMPACTS:
ENVIRONMENTAL IMP ACT REPORT
A prior Environmental Impact Report (EIR) which applies to the project site was prepared by Ruth and Going,
. Inc, in May 1982, This EIRwas prepared for the first phase of the former "Hecker Pass...A Family Adventure,"
and was certified by Santa Clara County,
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In addition, a new Environmental Impact Report was prepared for this property by EMC Planning Group, Inc,
in conformance with the Califomia Environmental Quality Act This EIR was prepared in July 1990 to address
land uses and land areas not covered in the prior EIRs, and was certified by the City COlDlci1 at their meeting of
July 16, 1990, AMitigation and Monitoring Program has been prepared as part of the applicant's GP A 88-02
application, ilnd lists all proposed mitigation measures, responsible party for implementation, and
department/division responsible for monitoring. This document lists 25 mitigation measures that will be applied
to the future development of the project site, if approved
Staffhas subsequently reviewed this report in conjlDlction with the current request [(PUD) A/S 99-15] and finds
that the proposed theme park improvements are substantially consistent with the prior environmental
documentation,
(PUD) AfS 99-15
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4/23/99 (Revised 5/12/99)
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RELATED APPLICATIONS:
A 98-01 (Bonfante GardenslBonfante Nurseries)
Request to annex property totalling 864% acres into the incorporated City limits, This annexation request was
approved by City Council at their meeting of December 7, 1998.
Z 98-02 (Bonfante GardensIBonfante Nurseries)
Request to pre-zone the applicant's 647% acres of property to HC-PUD and OS (Highway
Commercial-Planned Unit Development and Open Space), upon annexation into the City. This pre-zoning
request was approved by City Council at their meeting of December 7, 1998.
CUP 99-05 (Bonfante Gardens)
Conditional Use Permit (CUP) in order to construct dual miniature golf courses at an existing
recreationaVtheme park facility, This CUP request was approved by the Planning Commission at their
'meeting of May 6, 1999,
BACKGROUND:
On March 3, 1997, the City Council approved the Pre-Annexation Development Agreement between the City
and Bonfante Gardens (formerly Hecker Pass ... A Family Adventure). This agreement established a framework
for the theme park's eventual transition into City of Gilroy jurisdiction, and for the facilitation of the theme park's
development
ANALYSIS OF REOUEST:
The applicant, (Bonfante Gardens) is requesting Planned Unit Development~Architectural and Site Review
approval in order to construct a miniature golf course facility, "Event Building, " and additional parking,
The project site is located on a 57,46-acre parcel within the Bonfante Gardens property, totalling 237
acres, and zoned HC-PUD (Highway Commercial-Planned Unit Development), The Bonfante Gardens
property encompasses two main components: The existing recreational/corporate gathering facility; and an
approved Theme Park (currently under construction), The subject property is located on the west side of the
City, south of the Hecker Pass (Hwy 152)/Burchell Road intersection. The project site is primarily surrounded
by theme-park related uses (some under construction), with the exception of an existing tree nurse/)' along a
, large portion of the east property boundmy,
Miniature Golf Facilitr
The proposed miniature golf facility is comprised of the three following elements:
o Two IS-hole courses will be constructed side-by-side with varying landscaping themes, and
separated by a paved pathway and a decorative arbor structure, The dual courses are the main
element of the miniature golf facility and will be constructed on an undeveloped plot ofland totalling
approximately 1.5 acres, A five-foot-high vinyl-coated, chain-link fence will surround the proposed
courses, containing the patrons (and errant golf balls), The entrance to the miniature golf facility
will be located approximately 100 feet from an existing parking lot to the north, '
(PUD) A1S 99-15
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4/23/99 (Revised 5/12/99)
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e A 12,OOO-square-foot "Theme Building," will be the result of a proposed 4,OOO-square-foot
addition constructed to the west side of an existing 8,000-square-foot building. The proposed
'Theme Building" will be located immediately adjacent to the proposed miniature golf courses, As
illustrated, this building will accommodate the miniature golf courses' ancillary uses, which include
a cafe/restaurant, a recreation pavilion, and a small sales center.
e A 1,600-square-foot covered picnic area attached to the north side of "Theme Building" will
further compliment the proposed miniature golf course facility. This open-air structure features a
basic rectangular shape measuring 50 feet wide, by 32 feet deep,
"Event Buildin!:"
The proposed 6,OOO-square-foot "Event Building" will be situated approximately 25 feet from the southeast
comer of the miniature golf course facility, As illustrated, the new building measures 60 by 100 feet and
reaches a height of 14 feet The "Event Building" features a slight gable roof design and entry vestibules
along the east and west elevations, An interior accordion wall partition will enable the 6,000-square-foot
building to be divided into two faci1ities.
Note: All proposed structures exhibit relatively simple architectural designs and building materials such as
metal siding and metal roof panels, HoWever, ,the applicant has instituted an extensive and unusually creative
landscaping program to soften and actuaIly de-emphasize the appearance of the metal buildings, In addition,
this landscaping program, exhibited abundantly throughout the project site, serves as the theme of the overall
park.
Parkin!: Lot Expansion
In addition to the proposed structures, the applicant is proposing a reconfiguration and slight expansion of
an existing parking lot, adjacent to the north side of the proposed miniature golf facility, The applicant will
complete the lot expansion with additional landscaping and handicap-accessible stalls, in accordance with
minimum City Standards,
Staff; the City's Traffic Engineer, and the Development Review Group have evaluated the proposed project
for its consistency with the previously-prepared EIR and have determined that it is consistent with the prior
environmental documentation Staffhas also determined that the proposed project is substantially consistent
with the City's General Plan map and with the intent of the General Plan text. Finally, this request is
consistent with the Zoning Ordinance and Consolidated Landscaping Policy, '
REOUIRED FINDINGS:
In order to grant Planned Unit Development (PUO) approval, the Planning Commission and City Council must
find that the proposed PUO will:
A Conform to the Gilroy General Plan in terms of general location and standards of development;
B. Provide the type of development which will fill a specific need of the surrOlmding 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;
(PUD) AlS 99-15
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4/23/99 (Revised 5/12/99)
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F, Include greater provisions for landscaping and open space than would generally be required;
G. Utilize aesthetic design principles to create attractive building and open areas which blend with the
character of SurrOWlding 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 necessllIy,
PLANNING COMMISSION ACTlO1"l:
At their meeting of May 6, 1999, the Planning Commission voted unanimously to recommend City Council
approval of A/S 99-15 with 13 conditions,
STAFF RECOMMENDA nON:
Staff recommends approval of this request for the following reasons:
A. 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;
B. As submitted, this request is consistent with the required findings in accordance with Zoning Ordinance
Section 50.50 (planned Unit Development Approval), and with other applicable Zoning Ordinance
development standards;
C. Public utilities and infrastructure improvements needed in order to serve the proposed project are located
immediately adjacent to the project site; .
D, The proposed project is consistent with the text of the Pre-Annexation Development Agreement (adopted
March 3, 1997);
E, The proposed project is consistent with the prior Environmental Impact Report, certified by the City Council
on July 16, 1990; and
F. Staffhas reviewed the prior Environmental Impact Report in conjunction with the subject request and finds
the project substantially consistent with the prior environmimtal documentation.
In addition Staff recommends the followinl1 conditions he placed on the \1fantin!! of this request:
1.
MITIGATION MEASURES # 1-25, contained within the Final Environmental Impact Report, dated
7-16-90 sha11 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 Califomia Environmental Quality Act
(CEQA), .
2, Landscaping: Landscaping plans, including specifications for an irrigation system, shall be approved by
the Planning Director 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.
3, All landscaped areas adjacent to parking and/or paved areas sha11 be separated by a raised protective
curbing to meet minimum City standards, as required under Section 38,22 of the City's Zoning Ordinance,
(PUD) A1S 99-15
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4/23/99 (Revised 5/12/99)
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4, All parking stalls abutting sidewalks, planters, buildings and landscaped areas shall be provided with
a permanent curb, bumper, wheel stop or similar device, All required parking areas shall be paved with
an impervious surface,
5, 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,
6, Mechanical Appurtenances: Mechanical equipment to be located on the roof of a 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,
7, Trash enclosures are required and shall consist of visually solid ftnces and gates, six ftet 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 pian andfire regulations, In addition, recycling bins and space for glass, aluminum, and
plastics, shall be provided within the trash enclosure, subject to Planning Division approval.
8, The applicant shall provide a detailed analysis of the water supply system. Such system shall be capable
of delivering a minimum fire flow of 1,500 GPM sustained for at least two hours, Minimum fire flow shall
be available within 150 ftet of any point of a structure, No additions or modifications to the system shall
be made without first submitting plans and obtaining permits from the City of Gilroy, subject to review
and approval by the Building, Life, and Environmental Saftty Division. .
9, Provide paved fire apparatus access to within 150 feet of any point in the buildings, Fire access roads
that exceed 150 ftet in length shall terminate in an approved turn-around, subject to review and approval
by the Building, Life, and Environmental Safety Division,
10, The applicant shall provide a fire sprinkler system in all buildings totalling 3,000 square ftet or more,
subject to review and approval by the Building, Life, and Environmental Safety Division.
11. The applicant shall forward copies of all plans and permits for existing buildings from Santa Clara
County to the City of Gilroy, subject to review and approval by the Building, Life, and Environmental
Safety Division.
12. The applicant shall comply with applicable handicap accessibility requirements, subject to Building, Life
& Environmental Safety Division review and approval,
13, The occupancy loads for the proposed "Event Building" shall comply with applicable Uniform Building
Code requirements, subject to Building, Life & Environmental Saftty Division review and approval,
~
illiamFaus
Planning Division Manager
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.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 99-42 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 7th day of June, 1999, 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 23rd day ofJune, 1999.
~~. M
~}&hc ~4~
City Clerk of the {;ity of Gilroy
(Seal)