Loading...
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 ---' EXHIBIT B' ---- 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. --- ~ . 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 ) "-' ....... 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 "'''''DO'''DU'''''~ ......6.11 '-'" .....6.'-',"". '-H.'......... ."'""-- ...... --. '-" 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.