Resolution 2001-28
\CDS\517972.1
02-052904706003
-1-
RESOLUTION NO. 2001-028
RESOLUTION NO. 2001-028
A RESOLUTION OF THE CITY OF GILROY APPROVING NS
01-21, AN APPLICATION FOR ARCHITECTURAL AND SITE
APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD)
ON APPROXIMA TEL Y 0.75 ACRES, SUBDNIDED PARCEL 2
OF APN 841-14-076.
WHEREAS, Carl's Jr. ("Applicant") submitted NS 01-21, an application for
architectural and site approval of a Planned Unit Development ("PUD") for a fast food style
restaurant with a drive through lane, involving approximately 0.75 acres located at 5880
Monterey Road; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative
Declaration, dated June 2, 2000, and a Mitigation Monitoring Program were adopted 10
conjunction with ZOO-Ol and AlS 00-07, which were applications related to this one; and
WHEREAS, the Planning Commission held a duly noticed public meeting on May 10,
2001, at which time the Planning Commission considered public testimony, the Staff Report
dated "Revised May 15, 2001" ("Staff Report"), and all other documentation related to AJS 01-
21 and recommended that the City Council approve NS 01-21; and
WHEREAS, the City Council held a duly noticed public meeting on May 21,2001, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application AJS 01-21; 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:
ICDS1517972.1
02-052904706003
-2-
RESOLUTION NO. 2001-028
A. The City Council hereby adopts the findings as required by Zoning Ordinance
section 50.55, set forth at pages 4 and 5 of the Staff Report along with the facts
supporting these findings, and based upon substantial evidence in the record.
B. The City Council hereby also finds that there is no substantial evidence in the
record that this project will have a significant impact on the environment.
C. A/S 01-21 should be and hereby is approved subject to:
1. The fifteen (15) conditions set forth at pages 6 and 7 of the Staff Report,
and those 13 conditions in the memo from the Community Development
Department dated February 21,2001 in the Staff Report, which is attached hereto
as Exhibit A and incorporated herein by this reference; and
2. The 15 mitigation measures set forth in the Negative Declaration, attached
hereto as Exhibit B and incorporated herein by this reference.
3. The Mitigation Monitoring Program which was adopted in conjunction
with the Negative Declaration for applications Z 00-01 and A/S 00-07.
PASSED AND ADOPTED this 4th day of June, 2001, by the following vote:
AYES:
COUNCILMEMBERS:
PINHEIRO, G. ARELLANO,
P. ARELLANO, MORALES, SUDOL,
VELASCO,SPRINGER
NONE
NONE
NOES:
ABSENT:
COUCILMEMBERS:
COUNCILMEMBERS:
APPROVED:
-71:~ V7~'
Thomas W. Springer, Mayor
4. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved
by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to
issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live,
healthy, and relatively weed-free condition, in accordance with the adopted Consolidated
Landscaping Policy and the approved specific landscape plan.
)
EXHIBIT A
CUP 01-02 and NS 01-21 (PUD)
6
REVISED
5/15/01
Planninl! Division (contact Gregg Polubinsky 408-846-0440)
Subject to review and approval by the Planning Division.
1. Expiration: This Conditional Use Permit (CUP) and PUD Architectural and Site Review approval is
valid for one (1) year from the date of Planning Commission approval. Ifany development for
which this CUP has been granted is not established within this period, the approval shall expire.
The Planning Division Manager may grant an extension for up to one additional year on an
application request received prior to expiration. )
2. This CUP will be valid if and only if the City Council subsequently approves the Architectural and
Site Review application (NS 01-21) for this restaurant site.
3. Findings of the Planned Unit Development require that all projects "Include greater provisions for
landscaping and open space than would generally be required." This project will be reviewed to insure
that the landscape design will have ample plant material and of a more mature size than minimum
requirements.
In addition, the Planning Commission recommended the following langUllge be added to
Condition 4:
:rhe aDnlicant shall uDl!rade 25% oCthe landscaninl! to more mature vel!etation oftrees to
74" box. sIJrubs to 5 l!alloD. nereDn!!!1s to 1 I!allon.
5. 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 leyel at
the fur side of the adjacent public right-of-way wheBe\'er lIossilJle.
6. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site
toward any residential use or public right-of-way.
7. All proposed signage shall be subject to review and approval by the Planning Division.
8. A trash enclosure shall be located and constructed to City Standards. The enclosure will be relocated
away from Monterey Road or provide superior architectural and landscape detailing including an arbor
and berming of the trash enclosure,
CUP 01-02 and NS 01-21 (PUD)
7
REVISED
5/15/01
In addition, the Planning Commission recommended the following language be added to the
wording at the end of Condition 8:
....subiect to t~e review and annroval ofthe DenuO' Fire MarsIJal and Flanninl! l!ivisj~Jl.
Eneineerine Division (contact Kristi Abrams 408-846-0450)
\ Subject to review and approval by the Engineering Division.
,
9. Cross access agreement is required at all entrances and exits to the restaurant onto thcr private
streets.
10. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal
Code Section 21.120.
11. All improvements are to be done per City of Gilroy Standards.
12. All grading operations and soil compaction activities.shall be per the approved soils report and sbaII
meet with the approval by the City Engineer. Grading plans shall show grades of all adjacent
properties.
. Fire Department (contact Rodger Maggio at 846-0430)
I
13. Fire sprinklers shall be required, subject to the review and approval ofthe Deputy FireMarsbaIL
In addition, the Planning Commission recommended the addition of a fourteenth condition to the
conditions setforth under the Planning Division section of the staffreport:
14. If. and onJx if, the adiacent RV nark is occuniecl bv natrons t1efore tbe constmction of
Carl's Jr,is linishe<l. then construction hours will b~ Iill}jted to tbe f$lJlowinl! hours MondU
tbroul!b Fridav. 7Al'f t07P1YI. Saturdav and Bolidavs 9Al\1-7PM and no constmction OD
Sunday.
Buildinl!, Life aDd Environmental Safety (contact Alan Low at 846-0430)
15. Applicant must comply with the attached 13 conditions dated February 21,2001.
FallS
Planning Division Manager
~
Plan checker: Alan Low
)
City of Gilroy
Community Development Department
BLES Division - Building
408 846-0430 - Fax: 408 846-0429
February 21,2001
Owner: Carls Jr.
Project address: XXXX Travel Park Circle
Scope of Work: New Restaurant
Planning #: CUP 01-0201020009
The Building Division has performed a cursory review of preliminary plans submitted to the
Planning Division for the application noted above. The plans will require compliance with the
following informational items and conditions of approval at the time of building pennit
submittal:
OTHER AGENCIES:
Note: Submit 3 sets of Plan Check building plans to tbe Santa Clara County, Environmental
Health Department for approval.
CONDITIONS:
I. DESIGN PROFESSIONAL -This project will require a State ofCalifomia registered design
professional to design, stamp and wet sign the construction plans.
2. BUILDING CODES - All construction shall comply with Building, Mechanical, Plumbing,
Electrical, T-24 Energy and Accessibility, and City codes in effect at the time of issuance of the
building permits resulting in actual construction.
. Distance to property lines?
. Type of Construction?
. Occupancy?
. Show the location of all entrances and exits.
3. SOILS REPORT - A soils report shall be submitted containing design recommendations for
footings, retaining walls, and make provisions for anticipated differential settlement.
4. FOUNDATIONS -All mitigation measures and design reconnnendations identified in the
soils report approved by the Building Official, MUST be reviewed by the soils engineer of
record for conformance. Structural foundation design plans must also be reviewed by the soils
Engineer of record for conformance to recommendations contained within the soils report.
5. FEMA - This project is in a flood zone and must meet the City of Gilroy "F1oodplain
Management Ordinance" #98-16.
f:\ProjectslCarl's JuniorlCUP 01-02 01020009 XXXXTraveI Pad< Circle Carls Jr.IXJC
11. Bathroom facilities must meet the number of fixtures required by State and Federal
regulations. Assembly facilities and buildings are required to provide higher number offixtures
in women's bathrooms.
6. FOUNDATION INSPECTIONS - Prior to requesting a Building Department foundation
inspection, the soils engineer shall inspect and approve the mitigation measures and the
foundation excavations. The soils engineer shall submit documentation to the Building Division
which verifies compliance with the recommendations specified in the soils report.
7. SPECIAL INSPECTIONS -In addition to the inspections by CBC Sec. 108, the owner or
the engineer or architect of record acting as the owners agent shall employ one or more special
inspectors who shall provide special inspections when required by CBe section 1701. Please
contact the Building Division at the time of plan submittal to obtain an application for special
inspections.
8. STRUCTURAL CALCULATIONS - Provide Structural Calculations verifYing compliance
with all applicable provisions of the Uniform Building code Chapter 16. Prior to request for
final inspection, written verification by the engineer of record indicating conformance with the
structural design shall be submitted to the Gilroy Building Division.
9. GRADING AND SHORING - A site development permit shall be required for all grading
and shoring work. Shoring plans, calculations, etc., must be reviewed and approved by Building
Division.
10. NOTICE OF EXCAVATION - Prior to excavation, adjoining landowners shall be given
notice of the date, location, and extent of excavation in confonnity with Section 832 of the Civil
Code and copies shall be provided to the Building Official prior to issuance of grading pennit.
12. T -24 ACCESSIBIUTY /COMMERCIAL - The developer shall comply with all applicable
provisions of Chapter 11 of the California Building Code (Title 24) for Disabled Access.
. Accessible parking spaces are required to meet the CBC. 1129B
. Accessible parking should be located at the shortest route of travel to the accessible
entrance. 1129Bl
. One.in every eight accessible spaces, but not less than one, shall be designed for van
accessibility. 1129B.4.2
. The disabled cannot go behind other parked cars. 1129B4.3
. Show the slope of the accessible parking space and unloading area to meet 1129B.4.4.
. Provide signage to meet 1129B.5
. All entrances and exterior ground-floor exit doors to buildings shall be made
accessible to persons with disabilities.
. Provide an accessible path of travel to the public right of way including the nearest
bus stop.
. Any walking surfaces with a slope greater than I :20 will be considered a ramp and
designed as such.
. Pedestrian walkways must conform to requirements for accessibility (path of travel,
slopes of ramps and walkways, etc.).
13. PRE-CONSTRUCTION CONFERENCE - A pre-construction conference shall be held at a
time and location agreed upon by the City and applicant for the purpose of review and approval
of construction procedures. The building owner/developer shall be represented by. his designer
I:IPrqectsICufs Junior\CUP 01~2 01020009 XXXXT..vc1 Pork Cirde Carls JrDOC
)
and construction staff. The City will be represented by departments having conditions of
approval on the project.
1:\ProjectslCarl~ JuniorlCUPOI-ll2 01020009 XXXXTravel Park Circle Carls Jr.DOC
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EXHIBIT B'
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Community Development Department
Planning Division
Negative Declaration City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
\ City File Number: Z 00-01, AJS 00-07 (408) 848-0440
Proiect DescrlptloD
Name of Project:
Nature of Project:
Gilroy Garlic Farm ADDa: (by Boward Vierra)
A ~onechangefrom M-I to M-I (PUD) and an archileCluJal site review to develop an 18.95
acre parcel with two fast-food restaurants with building foot prints of approximately 2,600
square feel each; a recreational vehicle (RV) park. consisting of 162 spaces, a recJelltiou
center, office, barbecue area, and shower/laundry facilities; and a truckIR V parking,
maintenance and washing facility with parking spaces for 155 trucksIR. V's,' four maiDtcuance
bays, three washing bays and an 8,000 square foot retaillmaintenance office area.
Proiect Location
Location:
East side of Bolsa RoadIMOJItl!Jey Street and Highway 101, south of aod aOJ8cent to the Garlic
Farm Truck Stop.
841-14-676
)
Assessor's Parcel #:
Entity or PersoD(s) UDdertakiDI! Proiect
Name:
Address:
Mr. Howard Vierra
5920 Travel Parle Circle, Gilroy, CA 95020
Initial Studv
An Initial Study of this project was undertaken and prepared for the purpose of ascertaining whether this projeet might have
a significant effect on the environment. A copy of this study is on fde at the City of Gilroy Planning Division, 7351 Rosanna
Street, Gi1roy, CA 95020.
FiDdinn & ReasoDS
The Initial Studx 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 eff'ects will OCCI\I'. Thm is no
. su bstantiai evidence the project may have a significant effect on the eavironment
The following reasons will support these fmdlnp:
1.' The proposal is a logical component nfthe existing I8nd nse nfthis &rea.
2. Idcntif!ed adverse impacts 'will be mitigated through preparation of special stUdies, Il5 weD Il5 through construction of
off- and on-site improvements. _
3. . The proposed projeet is consistent with the adopted goals and poli~ oflbe Gilroy General Plan. ~
4. The Initial Study was reviewed by City s~ and this Negative DeclllJation reflects the independent judgement of the
City of Gilroy.
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. Draft Ncglllivc Declaration
File: Z 00-01, AIS 00-07
Mitigation
I.
2.
2
6/2/00
Each use on the project shall submit a detail plan for all exterior lights. The lighting plan shall
incorporate des ign 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 permits with development of the project site, subject
to die review and approval by the.City of Gilroy Building, Life &. Environmental Safety pivision and
the City of Gilroy Engineering Division. Measures shall be implemented during grading and
construction activities, as needed to control dust.
a)
b)
Water all active construction areas at least twice daily.
. Cover all trucks hauling soil, sand, and other loose materials or require aU trucks to maintain
at least two feet of freeboard.
Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access
. roads, parking areas and staging areas at construction sites,
Sweep daily (with water sweepers) aU paved access roads, parking and staging areas at
construction sites. .
SWl:ql street daily (with watc:r sweepen) if visible soil materials are carried onto adjaant pub1k:
streets.
Hydroseed or apply non-toxic soil stabilizers to inactive construction areas (~ously gnded
areas inactive for ten days or more).
Enclose, cover, water twice daily or apply non-toxic soil binden to exposed stoclcpiles (dirt,
sand, etc.).
Limit traffic speeds on unpaved roads to IS mpg.
Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
Replant vegetation in disturbed areas as quickly as possible.
e}
d)
e}
f)
g)
h)
i)
j}
3. Due to the possibility that significant buried cultural resources might be found during construction, the
following language shall be included in all permits issued for lbe project site, including but not limited
to building permits for the future development, pursuant to the review and approval of the Cily P1auning
Division:
"If archaeological resoun:es or human remains are discovered during construction, WOIk shall be halted
at a minimum of 200 feel from the fmd and the area shall be staked off. The project developer sball
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 fonnulated and implanc:nted. "
4. In the ~t of an accidental disc:ovCl)' or recognition of any buman remains in any location other than
a dedicated ccmeteIy, the following language shaD be included in all permits issued for the project site
in aci:ordance with CEQA Guidelines ~ 15064.5 (e), including, but not limited to building permits for
future development pursll!\llt 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 area reasonably suspected to overlie adjacent human remains until the cororier
of Santa Clara County is contacted to determine that no investigation of1he 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 Amo:ric:an Heritage Commission sbaII
identify the person Dr persons it believes to be the most likely descendent from the deceased Native
American. ThC most likely descendent may then make RalTJlmendations to the landowner of the pelSllI\
. responsible for the excavation worle, for means of treating or disposing of, with appropriate dignity, the
)
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.......
Draft Negative Declaration
FUe: Z. 00-0 1, AIS 00-07
3
6/2100
human remains and associated grave goods as provided in Public Resources Code fi5097.98. The
landowner or his authorized representative shall rebury the Native American human remains and
associated grave goods with appropriate dignity on the property in a; location not subject to further
distUrbance if: a) the Native American Heritage Commission is unable to identify a most likely
descendent or the most likely descendent failed to make a recommendation within 24 houn after being
notified by the commission; b) the descendent identified fails to make a recommendation; or c) the
landowner or his authorized representative rejects the recomIl!endation of the descendent, and the
mediation by the Native American Heritage Commission fails to provide measures accqnable to the
landowner.
"
)
s.
The project shaD be designed in accordance with earthquake design reguJIIIions 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 conrses, streams, and stOlID drains with hay bales or temporary
drainage swales;
b) Use check dams or ditches to divert runoffaro1llld 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 shaD 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 recommend appropriate engineering specifications for developlllCllt of the
site. The recommendations of the soils investigation sbalIbe incorporated into the final building plens
. and sball 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 aCCOIdance with
the regulation of the City of Gilroy Chemical Control Division and the City of Gilroy Fire Department.
Prior to commencing operations, the property operator is required to submit information on aD
hazardous chemicals to be stored and all processes to be conducted at the project site to the City of
Gilroy Chrmical Control Division, for review and approva\. Both the Chemical Control Division and
the City of Gilroy F ire Department are responsible for inspections 8IId enforcement. Haaidous waste .
transport, recycling, processing and storage facilities must. comply with the SaDta Clara Hazardous
waste Management Plan. The stnrage of more than 5S gallons of any on hawclous material listed in
the CitY's adopted Hazardous Materials Storage Ordinance shil!l require issuance oC a conditional use
permit. Such conditional use pennit sball be valid for no 1IlOR than one year at a time, but may be
renewed C!ll an annual basis by the Planning Division Manager. If the PlanniDg DivisiOD Manager
determines that there have been no known problernsin relation to the storage of hazardous materials
on the site, the renewal may be granted. If the Planning Division Manager detemlines that there have
been such problerns, the use permit shall be come yold until or unless the detC:nninatiOD is succesafully
appealed or a new conditional use permit is obtained. No. quantity greater than S5 gallons of any .
material listed in the City's adopted Hazardous Materials Storage Ordinance shaD be stored within 400
feet of any residential zoning district of water weD or water ",ell of the City of Oilroy.
10.
The project proponent shall pay the appropriate stonn drain development fees, subject to review by the
City Department of Public Works, prior to issuance ofa building permit
)
~"~~/LUUU ~~.~D
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......6.11 '-'" .....6.'-',"". '-H.'.........
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Draft Negative Declaration
File: Z 00-01, AJS 00-07
4
6/2100
9. The applicant shall submit a Notice oflntent (NO)) and detailed engineering designs to the Central
Coast Regional Water Quality Control Board. This permit sball require development and
implementation of a Storm Water Prevention Plan that uses sto:rm water "Best Management 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 incIu.de practices that require lRatment.
The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval
prior to commencement of construction.
II. The project proponent shall be required to obtain a NPDES General Construction Permit, prior to
issuance of a building permit.
12. The design of all storm ckainage improvements serving the project site sball be provided by the
developer, subject to review and approval by the City Engineering Division prior to the issuance of a
Conditional Use Pennit These design plans shall include, but not be limited to:
a) Calculations verifying that at least 1.9 acre-feet of Water detentiOll storage will be provided at
the Pr!ljcct site;
b) The water detention storage shall be lined;
c) Applicable storm water source and treatment-based best management practices, applied and-
maintained, as recommended in the California Storm Water' Best Management Practice
Handbook;
d) Sediment and pollution control facilitles within the storm drainage detention facillties;
e) Provisions for periodic sweeping of roadways, dri\'eWa)'$, and parking areas on the project sim; )
and .
1) The preliminary grading plan, site plans and building designs sball be consistent with the
. Binkley Study and comply with the City of Gilroy Flood Plain Control Ordinance and shall not
impede the flow of f1oodwaicn.
13. The following language sball be included on any pennits issued for the proposed project, including, but
not limited to, building pennits for future development
~ All noise generating construction activities shall be limited to weeIcda}'ll between 7 AM lIDIl 7 PM, to
Saturdays and City holidays between 9 AM and 7 PM. No construction is allowed on Sundays."
14. Tbe 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 addrelss,
lit a'minimum:
a) Veri1Y the adequacy of the new project driveway/main internal circulation roadway to ensUR
that it can be easily and safely negotiated by recreational vehicles and trucks.
b) Provide negotiable access for two-way truck c:in:ulation between project parlcing, retaiJ parts
sales, maintenance and washing, and existing truck stop fac:ility.
c) Verify adequacy of parking space and aisle dimensions in new truck parking area, especial1y
for semi-traiJer combinations.
Draft Neglrtivc Declaration
File: Z 00-0 I, AIS 00-07
s
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:
b)
Dedicate right-of-way and provide frontage improvements along the project frontage on Bolsa
Road to accommodate a four-lane divided aneriaI With channelization.
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 Souths ide Drive as per citY design
standards for an arterial road.
Align the new project driveway and the Chevron south driveway.
Provide a curbed street-type entrance SCl'Ving the eJliting Jac:k-in-the-Box restaurant to reduce
the potential of queues blocldng MontereylllolsaINorth Highway 1 01 Ramps-Travel Park
Circle intersection.
a)
\
c)
d)
The addition of southbound and northbound \eft turn lanes at Ibe Bolsa RoadISouth Chevron Driveway
and Garlic Farms R V Park driveway intersection is recormnended but not required under exmg plus
approved plus project conditions. A southbound left turn lane will be WIlTSIIted for General Plan
conditions as indicated in section vn, ES, b and t of the tnffic report prepared for this project (11). A
northbound left turn lane will nearly be warranted and is recommended, as this would only require
additiODallane painting.
DQEPRp~: June 2, 2000
. Ead of Review Period: July 6, 20QO
Date Approved By Cil)' Countil:
~ /?
'~~/H? f7i5;
William Faus, . '
Planning Division MII/IllF
(Seal)
I, RHONDAPELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2001-28 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 4th day ofJune, 2001, 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 25th day of June, 200 I.