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Resolution 2000-58 , . . " RESOLUTION NO. 2000-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 00-07 (PUD), AN APPLICATION FOR CONCEPTUAL ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR THE DEVELOPMENT OF A RECREATIONAL VEHICLE PARK, TWO FAST-FOOD RESTAURANTS, AND TRUCK/RV PARKING AND REPAIR ON 18.95 ACRES, APN 841-14-076 WHEREAS, Howard Vierra ("Applicant") submitted AlS 00-07, an application for conceptual architectural and site approval of a plarmed unit development ("PUD") to allow for the development of a recreational vehicle park, two fast-food restaurants, and trucklRV parking and repair on 18.95 acres, located on the east side of Monterey Road and Highway 101, south of and adjacent to Garlic Farm Truck Stop; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), an Initial Study was prepared for this project which identified potentially significant effects on the environment, and the applicant included mitigation in the project and has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where no significant impact will occur; and WHEREAS, in accordance with CEQA, a Negative Declaration with fifteen (15) mitigation measures was circulated in conjunction with this application; and WHEREAS, the Plarming Commission reviewed application A/S 00-07 at its duly noticed public meeting on July 6, 2000, and recommended that the City Council adopt the mitigated Negative Declaration and approve A/S 00-07 with 8 conditions; and WHEREAS, the City Council adopted Ordinance 98-18, establishing Recreational Vehicle Park Regulations; and IGMB\487736,1 01<l72504706002 -1- RESOLUTION NO. 2000-58 . . . WHEREAS, the City Council held a duly noticed public meeting on July 17, 2000, at which time the City Council considered the public testimony, the Staff Report dated June 27, 2000, (revised July 11, 2000) and all other documentation related to application NS 00-07; and WHEREAS, the City council adopted the Mitigated Negative Declaration in conjunction with zoning application ZOO-OOl related to this project; 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 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 proposed development concept is consistent with the intent of the goals and policies of the City's General Plan document. 2. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity along Monterey Road. 3. There is no substantial evidence that a significant environmental impact will result from this project due to the adopted mitigation measures for the development. 4. As submitted, the project is consistent with the Plarmed Unit Development findings A through I, as stated under Zoning Ordinance Section 50.55, and facts as set forth in the Staff Report attached hereto as Exhibit A support the findings. B. NS 00-07 should be and hereby is approved subject to: \GMB\487736.1 01-072504706002 -2- RESOLUTION NO. 2000-58 . . 1. The eight (8) conditions set forth in the revised Staff Report dated June 27, 2000, (revised July II, 2000), attached hereto as Exhibit A and incorporated herein by this reference; and 2. The mitigation measures set forth in the Negative Declaration and the MitigationIMonitoring Program, which Negative Declaration is attached hereto as Exhibit B and incorporated herein by this reference; and 3. The Recreational Vehicle Park Regulations adopted by Ordinance 98-18, attached hereto as Exhibit C, and incorporated herein by this referenced. 4. This approval becomes effective if and only if, and on the same date that, Ordinance No. 2000-10 becomes effective. Otherwise, this approval is null and void without any further action by the City. PASSED AND ADOPTED this 5th day of September, 2000, by the following vote: AYES: COUNCILMEMBERS: MORALES, PINHEIRO, SUDOL, VELASCO, SPRINGER NOES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO NONE ABSENT: COUNCILMEMBERS: APPROVED: -----n u~ l...t / Thomas W. Springer, Mayor 9/ ~de . ffL- ~-'G Rhonda Pellin, City Clerk \GMB\48n36.1 01-072504706002 -3- RESOLUTION NO. 2000-58 Communi~Development ~partment Planning Division Staff Report June 27, 2000 Revised July 11, 2000 FILE NUMBERS: Z 00-01, AJS 00-07 APPLICANT: Howard Vierra LOCATION: East side of Monterey Road and Highway 101, south of and adjacent to Garlic Farm Truck Stop DESCRIPTION: Zone change from Ml to MI-PUD, and Planned Unit Development Review for the conceptual development of a recreational vehicle park, two fast-food restaurants, and Truck/RV parking and repair. STAFF PLANNER: Cydney Casper REQUESTED ACTIONS: . Z 00-01 Zonin!!: Amendment request to rezone an 18.95 acre parcel from Ml (Limited Industrial) to MI-PUD (Limited Industrial-Planned Unit Development). Staff recommends aooruval of this request On Julv 6. 2000. the Planninf! Commission voted 6-0-1 to recommend aooroval with 8 conditions to the City Council. AlS 00-07 Planned Unit Development Architectural and Site Review approval for the conceptual development of an 18.95 acre parcel with two fast- food restaurants; a recreational vehicle park with a recreation center, office, barbecue area and showerllaundry facilities; and a truck/RV parking, maintenance and washing facility. Staff recommends aooruval of this request with 8 conditions On Julv 6. 2000. the Planninf! Commission voted 6-0-1 to recommend aoDroval with 8 conditions to the City Council. . EXHIBIT A Z 00-01, AlS 00-07 . . June, 27,20QO Revised July 11, 2000 DESCRIPTION OF PROPERTY: Parcel No.: Net Area: Flood Zone: 841-14-076 18.95 acres "AE" Panel # 060340 0004 E Date: 11-10-98 STATUS OF PROPERTY: Existine Land Use Vacant Industrial Parcel General Plan Desil!llation Industrial Park Zonine Ml STATUS OF SURROUNDING PROPERTY: Existinl!: Land Use N: Garlic Farm Truck Stop S: Vacant RestaurantlResidences E: Railroad/Industrial Mfg. W: Hwy 101 General Plan Desienation General Services Commercial Open Space/General Services General Industrial Freeway/Open Space Zoning CM-PUD OS/CM M2 County CONFORMANCE OF REQUEST WITH GENERAL PLAN: The proposed project conforms to the land use designation for the property on the General Plan map, and is consistent with the intent of the text of the General Plan document. ENVIRONMENTAL IMPACTS: NEGATIVE DECLARATION An Initial Study was prepared for the project by EMC Planning Group, an independent consultant, in June 2000. The study was completed in compliance with CEQA Guidelines and reflects the independent judgement of the City. Although the proposed project could have a significant effect on the environment, the applicant has agreed to the incorporation of 15 mitigation measures that will avoid or mitigate the effects to a level of insignificance. A Negative Declaration, dated June 2, 2000, and Mitigation Monitoring Program have been prepared and posted for a 30-day period. There is no substantial evidence that the proposed project may have a significant effect on the environment. Page 2 Z. 00-01, AlS 00-07 . . June 27,2000 Revised July 11,2000 BACKGROUND: On February 21, 1995, the City Council approved a Tentative Map application (TM 92-03) and approval for Planned Unit Development Architectural and Site Review (AJS 93-05) to construct the Garlic Farm Truck Stop on the adjacent parcel to the north. The development included a mini-martltruck lounge, a car' wash and fuel island canopy, a Jack-in-the-Box fast food restaurant, a sit-down restaurant, a hotel, a motel, and a mini-storage facility. The applicant, Howard Vierra, is now requesting a Zone Change from Ml to MI-PUD and Planned Unit Development Architectural Site Review for conceptual approval on the adjacent parcel to the south to develop the second phase of the Garlic Farm Truck Stop project. At a public hearing held on July 6, 2000, the Planning Commission reviewed the project and voted 6-0-01 to recommend approval of the Zone Amendment and Planned Unit Development Architectural and Site Review request. Page 3 Z 00-01, AJS 00-07 . . Jun~ 27,2000 Revised July 11, 2000 ZONING AMENDMENT ANALYSIS: The zone amendment request is to rezone the project site from Ml to MI-PUD to establish a conceptual Planned Unit Development zoning overlay for the development of Phase II of the Garlic Farm Truck Stop facility. The proposed expansion for the truck stop development includes four components: 1 & 2) two fast-food restaurants, 3) a recreational vehicle park; and 4) a truck/RV parking, maintenance and washing facility. There are two issues related to the proposed zoning amendment: CD Compatibilitv: Adjacent uses include the existing Garlic Farm Truck Stop with a fast food restaurant, service station, mixed-use convenience retail, motel, hotel, a truck re- fueling station, truck scales and parking that are located to the north of the proposed development. Additional uses include: Southern Pacific Railroad spurs, large scale industrial manufacturing, and transfer facilities to the east; a vacant restaurant, agricultural fields, a few small apartments and a single family residence to the south and Highway 101 to the west. The orooosed rezone reQuest is in keeoinl! with Phase I of the Garlic Farm Truck Stoo and with the industrial and hil!hwav-oriented nature of the uses in the area. ::;p Consistency: The proposed project conforms to the land use designation on the General Plan map and is generally consistent with the intent of the General Plan document for industrial park uses. Policy 4 of the General Plan directs that development should occur in an orderly, contiguous manner where municipal services and capacity are available. Utility services are available in the area and there is sufficient capacity to accommodate the project's needs. Therefore. the proposed development meets this policy. The developer will also be constructing on-site and off-site improvements to meet the needs of the project. The applicant will also be dedicating right-of-way for additional off-site improvements to mitigate any potential impacts as outlined in the Initial Study completed for this project. The proposed uses are consistent with the underlying zoning district of MI (General Industrial). This district allows each of the individual uses proposed, subject to an approved Conditional Use Permit from the Planning Commission. Staff Recommendation StafJrecommends appruvaJ of Zone Amendment Z 00-01 for the following reasons: ~ The proposed development concept is consistent with the intent of the goals and policies of the City's General Plan document; ~ Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity along Monterey Road; and ~ There will be no significant environmental impacts as a result of this project due to the required mitigation measures applied to the project. Page 4 Z 00-0 I, AJS 00-07 . . June 27,2000 Revised July 11,2000 ARCHITECTURAL AND SITE REVIEW ANALYSIS: Approval of the requested Planned Unit Development will allow conceptual site design and proposed uses for the development of Phase II of the Garlic Farm Truck Stop facility on an 18.95 acre parcel zoned MI-PUD (Industrial Park-Planned Unit Development). Specific architectural design is not provided at this time. However, each of the proposed uses will require approval of a Conditional Use Permit for specific site review, prior to any building permit issuance. Staff is recommending that specific Architectural and Site Review Planned Unit Development procedures be combined into one application process with the Conditional Use Permit, subject to Planning Commission review and approval and the finding that the proposal is generally consistent with this conceptual site design review. Proposed Uses: The applicant proposes to subdivide the project site into four separate parcels to accommodate the following uses: u) Two fast-food restaurants approximately 2,600 square feet in size each will be located at the front of the project site along Monterey Road on two parcels approximately 32,000 square feet each. Both restaurants will include drive-in and sit-down service. The two restaurant sites will be separated by a private street off Monterey Road providing internal access to and from the existing Garlic Farm Truck Stop facilities to the nonh. No access to these sites will be provided directly from Monterey Road. :%l A recreational vehicle park will be located to the south and the east of the proposed restaurants. The 8.7-acre parcel will accommodate approximately 162 over-night recreational vehicle parking spaces and amenities including a recreation center, office, barbecue area, and shower/laundry facilities. Access to the park will be from the private street off Monterey Road with an emergency vehicle access provided from future Southside Drive. @ A truck/recreational vehicle parking, maintenance and washing facility is proposed on 8.18 acres located on the eastern ponion of the project site. This facility will provide 155 rental parking spaces for trucks and RV's, four maintenance bays, 3 washing bays, and an 8,000 square foot office/retail sales building. The hours of operation will be approximately 6:00 arn. to 11:00 p.rn. with two shifts of employees operating the facility. Access to this facility will be available internally from the existing truck parking area to the north and through the recreational vehicle park to the west. An emergency vehicle access will be provided from future Southside Drive. Prior to the development of these uses, it will be necessary for the applicant, or SUL:cessor in interest to obtain an appruved Conditional Use Permit from the Planning Commission to review the specifu: architectural and site design layouts for each individual use. Page 5 Z 00-01, AJS 00-07 . . June 27,2000 Revised July'n, 20(10 Traffic/Circulation: The primary access to the project will be from a private road off Monterey Road looping into Phase I of the Garlic Farm Truck Stop. Both restaurants and the recreational vehicle park will have their main access off this private road. The truck/RV maintenance and parking facility in the eastern portion of the development will be accessed internally through the existing truck parking area in Phase 1. To accommodate the internal circulation, the applicant is providing reciprocal access agreements for both these areas. Strong efforts have been made to ensure that the majority of traffic will be internal between the two phases to reduce the amount of truck traffic exiting onto public streets to access other portions of the truck stop facility. The only access to or from the extension of Souths ide Drive adjacent to the property on the south will be for emergency vehicle access (EVA) only to the recreational vehicle park and maintenance facility. A traffic analysis was prepared for the specific project by Higgins Associates evaluating any impacts on levels of service and circulation adequacy. Based on the proposed uses, the project is expected to operate at a Level of Service (LOS) B or better. Required Findings In order to grant Planned Unit Development Design Review approval, the Planning Commission and City council must find that the proposed general site design 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 surrounding area; C. Not require urban services beyond those which are currently available; D. Provide a harmonious, integrated plan which justifies exceptions, if such are required, to the normal requirements of this Ordinance; E. Reflect an economical and efficient pattern of land uses; F. Include greater provisions for landscaping and open space than would generally be required; G. Utilize aesthetic design principals to create attractive buildings and open areas which blend with the character of surrounding areas; H. Not create traffic congestion, noise, odor, or other adverse effects on surrounding areas; and 1. Provide adequate access, parking, landscaping, trash areas and storage, as necessary. Page 6 Z 00-0 I, AJS 00-07 . . June 27,2000 Revised July 11, 2000 Staff Recommendation Staff recommends approval of Planned Unit Development Architectural and Site Review AlS 00-07 with 8 conditions for the following reasons: ~ The proposed development concept is consistent with the intent of the goals and policies of the City's General Plan document; ~ Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity along Monterey Road; ~ There will be no significant environmental impacts as a result of this project due to the required mitigation measures applied to the project: and ~ As submitted, the proposed development is consistent with the necessary PUD findings A through I, as stated under Zoning Ordinance Section 50.55. Conditions In addition, staff recommends that the following conditions be placed on the approval of this request: I. ivllTIGATION MEASURES #1 through #15 contained within the Negative Declaration dated 6/2/00 for Z 00-01 for the subject project, shall be applied to the approval of this Planned Unit Development Architectural and Site Review in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). 2. Expiration: This Planned Unit Development (PT..JD) Architectural and Site Review approval is valid for one (1) year from the date of City Council approval. If any development for which this (PUD) Architectural and Site Review has been granted is not established within this period, the approval shall expire. The Planning Division Manager may grant an extension upon an application request received prior to expiration. 3, Planned Unit Development Architectural and Site Review of specific improvement plans for both restaurant sites shall be reviewed simultaneously with a required Conditional Use Permit under the City's Conditional Use Permit procedures as defined in Section 50.30 of the City's Zoning Ordinance, subject to Planning Conunission review and approval. This review shall include, but not be limited to architectural design, parking, circulation, access, landscaping and a finding that the proposal is generally consistent with this conceptual site design review as reviewed and approved by the Planning Commission and City Council. 4. Planned Unit Development Architectural and Site Review of specific improvement plans for the recreational vehicle site sball be reviewed simultaneously with a required Conditional Use Permit under the City's Conditional Use Permit procedures as defined in Section 50.30 of the City's Zoning Ordinance, subject to Planning Commission review and approval. This review shall include, but not be limited to architectural design, parking, circulation, access, landscaping and a finding that the proposal is generally consistent with this conceptual site design review as reviewed and approved by the Planning Commission and City Council. Page 7 Z .00-01, AlS 00-07 . . June 27,2000 Revised JulY 11, 2000 5. Planned Unit Development Architectural and Site Review of specific improvement plans for the truck/RV parking and maintenance site shall be reviewed simultaneously with a required Conditional Use Permit under the City's Conditional Use Permit procedures as defined in Section 50.30 of the City's Zoning Ordinance, subject to Planning Commission review and approval. This review shall include, but not be limited to architectural design, parking, circulation, access, landscaping and a finding that the proposal is generally consistent with this conceptual site design review as reviewed and approved by the Planning Commission and City CounciL 6. The applicant shall develop a comprehensive sign program for all project signage, subject to review and approval by the Planning Division. 7. Building colors shall be consistent with Phase I of the Garlic Farm Truck Stop facilities, subject to review and approval by the Planning Division. 8. The location, type, and color of all fencing material shall be indicated on the final construction plans. All proposed fencing shall be constructed in accordance with Zoning Ordinance Section 34, subject to review and approval by the Planning Division. Respectfully, ~ William Faus Planning Division Manager Attachments: 1. Vicinity Map 2. Zone Map 3. Parcel Map 4. Conceptual Site PIan 5. Surrounding Land Use 6. Negative Declaration Page 8 te\\iOr\\fe Man . . sunnse Orw9 en ~ g; a} ~ ~ ~ (Jl o o iD < ~ a. LonomeildOW Drive -- ::; ~ , ? ~ , o ~ first SHeet -.-..-" " " " " " " " " Avenue ".--.-.-...... '0 ~ ~ . ~ E ~ ;:: ^ Project Szte " " " " \ \ s;}. "l> "-.~ " ""~ '-~~, . ~./..~ \ \ ~ Source: California Automobile Association and EMC Planning Group Inc. Scale: I" = 2,200' ~ A Laad Use Planning and Design Finn Garlic Farm Annex InitialStudy Project Vicinity Figure 2 ATTACHMENT 1 . . Garlic Farm Annex Z 00-01, A1S 00-07 \. 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EMCPIanNng Group lnc. No Sca1~ ':tl~~ A lAnd Ut~ P1anning and Design Finn Garlic Farm Annex Initial Study Surrounding Land Use Figure 6 ATTACHMENT 5 1.1.,.......,.<..1.11.1..... .................................-"" . '~ .~ Community Development Department Planning Division Negative Declaration City File Number: Z 00-01, AlS 00-07 City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 Proiect Description Name of Project: Nature of Project: Gilroy Garlic Farm Annex (by Howard Vierra) A zone change from M-I to M-I (POO) and an architectural site rmew to develop an 18.95 acre parcel with two fast-food restaurants with building foot prints of approximately 2,600 square feet each; a recreational vehicle (RV) park consisting of 162 spaces, a recreation center, office, barbecue area, and showerllaundry facilities; and a truck/R V parking, maintenance and washing facility with parlci.ng spaces for 155 trucksIR V's,' four mainteoance bays, three washing bays and an 8,000 square foot retail/maintenance office area. Proiect Location Location: East side of Balsa RoadIMonterey Street and Highway 101, south of and adjacent to the Garlic Farm Truck Stop. 841-14-076 Assessor's Parcel #: Entity or Person!s) Undertakio2 Proiect Name: Address: Mr. Howard Vierra 5920 Travel Park Cirele, Gilroy, CA 95020 Initial Studv 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. Findw2s & Reasons The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. The following reasons will support these fmdings: I . ' The proposal is a logical component of the existing land use of this area. 2. Identified adverse impacts will be mitigated through preparation of special studies, as well as through construction of off- and on-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the Gilroy General Plan. 4. The Initial Study was reviewed by City staff; and this Negative Declaration reflects the independent judgement ofthe City of Gilroy. t. -- 1', ".....~ ''. .1'.......'-:- , ,\; 1 ,:':'. ':.J .I"', ."; ~.~ . ",; \ ~ " ,..' ~cW:: B O{/~~/L~~a ~~.~O "+UO0"+ OU"'4::l ........., ....., ""'...~,...., ............,.,.... . --- .--- , Draft N egstive DeclaratiOll file: Z OO-OI,AlS 00-07 2 612/00 Mitigation I Each use on the project shall submit a detail plan for all exterior lights. The lighting plan. shall incorporate design elements that will minimize the potential for light and glare impacts on adjacent residential properties. The lighting plan shall be subject to the review and approval by the City Planning Division, prior to issuance of a Conditional Use Permit. Control measures shall be incorporated into any pennits with development of the project site, subject to the review and approval by the,City of Gilroy Building, Life & Environmental Safety Division and the City of Gilroy Engineering Division. Measures shall be implemented during grading and construction activities, as needed to control dust. 2. a) Water all active construction areas at least twice daily. b) , Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. c) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parl<ing areas and staging areas at construction sites. d) Sweep daily (with water sweepers) all paved access roads, parking and staging areas at construction sites. e) Sweep street daily (with water SWeepeIS) if visible soil materials are carried onto adjacclt public streets. f) Hydroseed or apply non-toxic soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). g) Enclose:, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.). h) Limit traffic speeds on Wlpaved roads to 15 mpg. i) Install sandbags or other erosion control measures to prevent silt runoff to public roadways. j) Replant vegetation in disturbed areas as quickly as possible, 3. Due to the possibility that significant buried cultural teSources might be found during construction, the following language shall be included in all permits issued for the project site, including but not limited to building pencits for the future development, pursuant to the review and approval of the City Planning Division: "If archaeological resources or human remains are discovered during conStnlction, work shall be halted al a minimum of 200 feet from the fmd and the area shall be staked off. The project developer shall notify the coroner or the Director of the Archaeological Regional Research Center. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. >> 4. In the event of an accidental discov"')' or recognition of any human remains in any location other than a dedicated cemetety, the following language shall be included in all permits issued for the project site in acCordance with CEQA Guidelines fi15064.5 (e), including. but not limited to building permits for future development pursuant to review and approval of the City Planning Division: , ''If human remains are found during construction, there shall be no further excavation or disturbance of the site or any nearby...- reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to detennine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identifY the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner of the peIlIon responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the Oi/~~/~OOO ~~.~O "'~OO~CO""':I '-'.,\,. I I l.K" U"\"~Ul .....LJ.I.WIU rH>,;;it:.. u"+ . --" . ~ Draft Negative Declaralion File: Z 00-01, AlS 00-07 3 612/00 human remains and associated grave goods as provided in Public Resources Code 95097.98, The landowner or his authorized representative shall rebury the Native American human remains and associatod grave goods with appropriate dignity on the property in a; location nOl subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendcnt or the most likely descendent failed to make a recouunendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner Ot his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 5. The project shall be designed in accordance with earthquake design regulations of the Unifonn Building Code, subject to the review and approval of the City Building, Life and Environmental Safety Division. 6. The following language shall be included in grading permits for the proposed project, pursuant to the review and approval of the City Engineering Division; a) Protect down slope drainage courses, streams, and storm drains with hay bales or temporary drainage swales; b) Use check dams or ditches to divert runoff around excavations; c) Cover stockpiles and excavated soil with secured tarps or plastic sheeting; and d) Schedule excavation and grading work for dry weather. 7, The project developer shall submit a soils investigation prepared for the project by a qualified soils engineer. The purpose of the soils investigation is to determine the exact soil characteristics and limitation on the site, and to recorrunend appropriate engineering specifications for development of the site. 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 commencement of construction. 8. The project proponent, and any future users of the project site, are required to operate in accordance with the regulation of the City of Gilroy Chemical Control Division and the City of Gilroy Fire Departmcnt. Prior to commencing operations, the property operator is required to submit infonnation on all hazardous chemicals to be stored and all processes to be conducted at the project site to the City of Gilroy Chemical Control Division, for review and approval. Both the Chemical Control Division and the City of Gilroy Fire Department are responsible for inspections and enforcement Hazaidous waste ' transport, recycling, processing and storage facilities must, comply with the Santa Clara Hazardous waste Management Plan. The storage of more than 55 gallons of any on hazardous material listed in the City's adopted Hazardous Materials Storage Ordinance shall require issuance of a conditional uSe permit. Such conditional use pennit shall be valid for no more than one year at a time, but may be renewed on an annual basis by the Planning Division Manager. If the Planning Division Manager detennines that there have been no known problems in relation to the storage of hazardous materials on the site, the renewal may be granted. If the Planning Division Manager determines that there have been such problems, the use pennit shall be come void until or unless the detennination is successfully appealed or a new conditional use permit is obtained. No quantity greater than 55 gallons of any material listed in the City's adopted Hazardous Materials Storage Ordinance shall be stored within 400 feet of any residential zoning district of water well or water )Veil of the City of Gilroy. ~(/~~/L~~~ ~O;OO '+~OO'+OO'+L~ l.~ I Y lk U~Lt'(UY I.,UUMU r-I-\~ t;JO . . '-'"' Draft Negative Declaration Pile: Z 00-01. NS 00-07 4 6/2/00 9. The applicant shall submit a Notice of Intent (NOl) and detailed engineering designs to the Central Coast Regional W 81t:r Quality Control Board. This permit shall require development and implementation of a Storm Water Prevention Plan that uses storm water "Best Ma.nagcment Practices" to control runoff; erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall Inclu.de practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to commencement of construction. 10. The project proponent shall pay the appropriate storm drain d~lopment fees, subject to review by the City Department of Public Works, prior to issuance ofa building permit. II. The project proponent shall be required to obtain a NPDES General Constrnction Permit, prior to issuance of a building permit. 12. The design of all storm di-ainage improvements serving the project site shall be provided by the developer. subject to review and approval by the City Engineering Division prior to the issuance of a Conditional Use Permit. These design plans shall include, but not be limited to: a) Calculations verifying that at least 1.9 acre-feet of water detention storage will be provided at the project site; b) The water detention storage shall be lined; 0) Applicable storm water source and treatment-based best management practices, applied and maintained, as recommended in the Cajifomia Stann Water Best Management Practice Handbook; d) Sediment and pollution control facilities within the storm drainage detention facilities; e) Provisions for periodic sweeping of roadways, driveways, and parking areas on the project site; and f) The preliminary grading plan, site plans and building designs shall be consistent with the , Binkley Study and comply with the City of Gilroy Flood Plain Control Ordinance and shall not impede the flow of floodwaters. 13. The following language shall be included on any pennits issued for the proposed project, including. but not limited to, building pencits for 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 constrnction is allowed 00 Sundays." 14. The project applicant shall prepare an on-site improvement plan for review and approval by City of Gilroy Engineering Division prior to approval of the final improvement plans. This plan shall address, at a 'minimum: a) VerilY the adequacy of the new project driveway/main internal circulation roadway to ensure that it can be easily and safely negotiated by recreational vehicles and trucks. b) Provide negotiable access for two-way truck circulation between project parking, retail parts sales, maintenance and washing, and existing truck stop facility. 0) Verify adequacy of parking space and aisle dimensions in new truck parking area, especially for semi-trailer combinations. V,,~./~~VV .~.ww e---- e_ Draft Negative Declarabon File: Z 00-0 I, AfS 00-07 5 6/2100 15_ The project applicant shall prepare an off-site improvement plan for review and approval by the City of Gilroy Engineering Division prior to approval of.the final improvement plans. This plan shall address, at a minimum: a) Dedicate right-of-way and provide frontage improvements along the proje:t frontage on Bolsa Road to accommodate a four-lane divided arterial with channelization. b) Dedicate right-of-way for the entire portion of Southside Drive and establish a bond for financing the future improvements of half the width of Southside Drive as per City design standards for an arterial road. c) Align the new proje:t driveway and the Chevron south driveway. d) Provide a curbed street-type entrance serving the exiting Jack-in-the-Box restaurant to reduce the potential of queues blocking MontereylBoJsaINorth Highway 101 Ramps-Travel Park Circle intersection. The addition of southbound and northbound left turn lanes at the Bolsa Road/South Chevron Driveway and Garlic Farms R V Park driveway intersection is recommended but not required under existing plus approved plus project conditions. A southbound left turn lane will be walTanted for General Plan conditions as indicated in section VII, ES, b and c of the traffic report prepared for this project (II). A northbound left turn lane will nearly be WlllTallted and is recommended, as this would only require additional Jane painting. Date Prepared: June 2, 2000 End of Review Period: July 6, 2000 Date Approved By City Council: .,.----? 1/;gA?? //it/' William Faus, , Planning Division Manager . . '-'. ,"- dl( ORDINANCE NO. 98-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING SECTION 42 (RECREATIONAL VEHICLE PARK REGULATIONS) TO THE CITY OF GILROY ZONING ORDINANCE, Z98-03 WHEREAS, the City of Gilroy bas submitted application Z98-03 requesting approval of an addition to the City of Gilroy Zoning Ordinance, in particular, Section 42 (Recreational Vehicle Park Regulations), a,; fully described in the Staff Report dated May 28, 1998, revised July 14, 1998; and WHEREAS, said addition would establish specific 1ength-of-stay requirements and development criteria applicable to the unique characteristics ofRecrea.tional Vehicle Parks; and WHEREAS, the PlanIling Commission reviewed application Z98-03 at its duly noticed public h~ on July 1, 1998 and recommended that the City Council approve application Z98-03; and WHEREAS, the City Council reviewed application Z98-03 and all documents relating thereto and took oral and written testimony at its duly noticed public hearing on July 20, 1998. NOW, THEREFORE, THE CITY COUNCIL OF THE CTIY OF Gll.ROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 42 is hereby added to the City of Gilroy Zoning Ordinance to read as follows: City of GlIroy ZONING ORDINANCE SEcnON 42 RECREATIQNAL VEHICLE PARK REGULATIONS 'l<HMI411l267.01 82-ll72404706002 -1- ORDINANCE 98-18 f)Mlb~ c . ... '.' .....,~ ... ':.. . . Section 4210 Statement of Intent The intent of the Recreational Vehicle (RV) Psrk development regulations is to enable the orderly, safe, and nuisance-he development and use ofR V parks, It is the intent of these regulations to preserve the integrity and attractiveness of the City and to mo;~in its orderly appearance, Section 42.20 Permitted Zones for Recreational Vehicle Parks Recreational vehicl~ parks as regulated herein are conditionally permitted within. the Highway Commercial, Limited Industrial, and General Industrial zoning districts. Conditional Use Permit approval shall be required for all new or expanding RV parks. Applications for Conditional Use Permits shall be reviewed by the Plonn;ng Division for compliance with these guidelines, Section 42.30 Compatibility with Surrounding Land Uses The Plam1ing Commission may grant Conditional Use Permit approval for a new or expanding RV park if it is determined that the project would substantially benefit the City, and would not create significant negative impacts to persons or properties surrounding the project site. The plonning Commission shall al~o consider the foUowing elements in determining whether to grant a Conditional Use: Permit: (a) The types of existing land uses surrounding the project site and their operational characteristics including, but not limited to, noise and/or odor generation, hours of operations, use and/or storage of hazardous materials, driveway locations. and tnlffi.c generation; (b) The potential incompatibilities betWeen the R V psrk and the existing land uses surrounding the project site; and ( c) The types of potential land uses surrollllliing the project site and the potential incompatibilities between those: potential land uses and the R V park. Section 42.40 Guidelines The following guidelines shall be used when reviewing appIica1ions for new or expanding RV psrk devclopmen1 proposals. Alternatives to each guideline may be accepUIble if the pUIpose of the guideline is achieved, and ifreviewed and approved by the Planning Commission. (a) Minimum Soacinsz: AIl RV psrk shall provide spaces to accommodate various types of RVs, The minimnm distance to be provided between each RV space shall be tell (10) feet from Side-to-side, eight (8) feet fi:Qlll side-to-rear, and six (6) feet from rear-to-rear or fron1-to-rear. A minimum offive (5) feet shall be provided betWeen RV patios and \KHW18267.o1 82.072<<l47D6OO2 -2- ORDINANCE 98-18 \,;':'J.i U.t \:r.1L.t\.Ui ......... I",.L.L.L .~.I..Ll OJ /;W~O~ Uil! lts; lb rAA "iUb 040c U;>,UU (e) 1J(If,M11l267.01 82.m:14047061Xl2 . . any adjacent R V space. A minimum of six feet shall be provided between the appurtenant structures attached to an R V and any adjacent RV space. No restroom shall be closer than 25 feet to, nor further than 400 feet from, a RV space, Other permanent buildings shall be set back at !east 10 feet from any RV space, (b) Landscacinl!Msual Screecing: The public street frontage shall be landscaped a minirnUIn of 10 feet to minimi7(" views of the development from the public right-of- way, All areas not specifically used for driveways, walkways, patios, or simi1ar purposes shalJ be 1andscaped in accordance with Section 38 (LANDSCAPING) of the Zoning Ordinance. The area between RV spaces shall be landscaped. Landscaping materials shall meet City standards and shall be protected from wheeled traflic by berms, curning, fencing posts, or other means where feasible. (c) &;g:eation F.dlities: Recreational facilities include indoor fOOlXlS with table games, as well as pools, clubhouses, common barbecue/picnic areas, and ballfields and playgrounds with swings, slides, sandboxes, and the like. A variety of recreational facilities shall be provided lit a minimnm of 100 square feet per RV space. Perimeter landscaping and landscaping between R V spaces shall not be counted as a recreational amenity. Cd) SOUlld Attenuation Devices: Sound attenuation devices shall be suflicient height and density to reduce merior noise levels on the RV park to commercial standards. Sound attenuation devices shall also be required if noise form the RV park may intrude onto an adjacent property. All such sound atteDllwon devices shall be 1.ndsr.aped and constructed with aesthetit:ally attractive materials. I ..nrlocaping berms at least two (2) feet in heigh! shall be provided where sound attenuation devices are vistble from the public right-of-way. fMkigg: A minimum of one guest parking space (10' wide by 20' deep) shall be provided for every ten, RV spaces, One parking space shall be provided for each shift employee and shall be conspicuously labeled as such, In addition, one covered parking space shall be provided for a caretaker's residence, where applicable. Every R V must JllIlintain the ability to be pulled or moved at all times. (f) LightinlZ: T iglrting shall be subject to Zoning Orrlin.n.... Section 50.45. In addition, post or index liglrting sball be provided to indicate the location of each RV parking space, so that the number is clearly visible at night. Low-level exterior ligbting and adequate interior Iign;;ng shall also be provided for all restroom and shower filcilities. All flladways and walkways within the park shall be lighted. Such lighting shall be subject to review by the PI.nning Division .. -3- ORDINANCE 98-18 "t!:J\,oV" 07/20/00 TBU lti:1Y ~.AA 4U~ 040 U~VV \"J.J.J. ur 1,1.,L.L.hV.,L ............. ............. ............ "*'"' .....~- " . . . Section 42.50 Length of Stay The owner and operator of the R V park shall limit the stay of users at any such facility to no more than 30 clays during any l20-4ay period. Section 42.51 Compliance Hearings The owner of a new or cq>anding RV park shall submit an annual report to the Planning Commission outlining its compliance, or noncompliance, with length-of-stay and operational requirements. The owner and op<Jl1ltion of a new or eocpanding R V park shall be subject to periodic compliance hearings before the PlanDing Commission. Following issuance of a Conditional Use Permit, the Planning Coxnmissicln may periOdically review the operation of an RV park in order to determine its compliance with length-of.stay and operational requirements. The RV owner shan submit to the City complete and accurate users records, as well as reasonable additional information requested by the plRnniT1g Division or Planning Commission. The park owner shall pay all costs associated with the compliance hearings inc1ucliag a compliance audit, staff time, and other costs incurred by the City as a result of compliance review. Section 42,60 NOD-ConfOrmance to Criteria Recreational vehicle parks shall continuously conforin to the criteria set forth in this Ordinance and to the conditions of the Use Permit. Any RV park which fails to conform to these criteria or conditions shall be subject to review and possible amendment or revocation of the Conditional Use Permit. PASSED AND ADOPTED this 8th day of September, 1998 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLlSON, SPRINGER, SUDOL, Gn.ROY NOES: COUNCll..MEMBERS: NONE ABSENT: COUNCll.MEMBERS: NONE APPROVED: lal K. A. MIKE GILROY K A Mike Gilroy, Mayor ATTEST: Is/ RHONDA PELLIN Rhonda Pellin, City Clerk .. 1Ktt.M18267,Q1 e2~404706002 -4- ORDINANCE 98-18 . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No, 2000-58 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of September, 2000, 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 4th day of October, 2000, ~xie^-~ City Clerk of the- City of Gilroy (Seal)