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Resolution 2001-39 ICDS1519127.1 03.()60704706002 -1- RESOLUTION NO, 2001-39 RESOLUTION NO, 2001-39 A RESOLUTION OF THE CITY OF GILROY APPROVING A/S 01-12, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 2.86 ACRES, APNs 790-39-033 AND 790-39-034. WHEREAS, Vanni Properties, ("Applicant") submitted AlS 01-12, an application for architectural and site approval of a Planned Unit Development ("PUD") to construct a 50,000 square foot office complex on a vacant lot on approximately 2.86 acres, located on the east side of Santa Teresa Blvd., north of First Street; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration, dated January 25, 1993, was adopted in conjunction with a prior architectural and site review approved by Resolution 93-19, and this project is substantially consistent with that prior environmental review; and WHEREAS, the Planning Commission held a dilly noticed public meeting on May 3, 2001, at which time the Planning Commission considered public testimony, the Staff Report dated April 20, 2001, and all other documentation related to A/S 01-12 and recommended that the City Council approve A/S 01-12; and WHEREAS, the City Council held a duly noticed public meeting on June 4, 2001, at which time the City Council considered the public testimony, the Staff Report dated "Revised May 15, 2001" ("Staff Report") and all other documentation related to application A/S 01-12; 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. ICDS\519127.1 03.{)60704706002 -2- RESOLUTION NO. 2001-39 NOW, THEREFORE, BE IT RESOLVED THAT: 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. NS 01-12 should be and hereby is approved subject to: I. The nine (9) conditions attached hereto as Exhibit A and incorporated herein by this reference, which includes a revised condition 8c regarding sidewalk facilities. 2. The 15 mitigation measures set forth in the Negative Declaration, attached hereto as Exhibit B and incorporated herein by this reference, along with the mitigation Imonitoring program for this project. PASSED AND ADOPTED this 18th day ofJune, 2001, by the following vote: AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SPRINGER NONE NOES: COUCILMEMBERS: ABSENT: COUNCILMEMBERS: SUDOL, VELASCO APPROVED: ~~~ Thomas W. Springer, MaY) r ~/ EXHIBIT A A/S 01-12, Vanni CONDITIONS 1. Mitigation measures #1 through #15, contained within the revised Negative Declaratioo dated January 25, 1993, including the proposed project, shall be incorporated with the approval of this Planned Unit Development (Vanni Properties, NS 01-12) in order to reduce and/or eliminate all potential significant impacts to a level of insignificanee, as required tu1der the California Environmental Quality Act (CEQA). 2. Landscaping: Landscape plans including specifications for an irrigation system shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to issuanee of a building permit. The landseaping shall be continuously maintained in an orderly, live, healthy, and relatively weed-free eondition, in aecordanee with the adopted Coosolidated Landseape Poliey, and the approved specifie landscape plan. 3. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. This is subject to the review and approval by the Planning Division. 4. Meehanical Appurtenances: Mechanieal equipment to be located on the roof of the building shall be sereened by an architectural feature of the building such that it cannot be seen from the ground level at the far side of the adjacent public right-of-way, whenever possible. This is subject to the review and approval by the Planning Division. 5. Expiration: This Architectural and Site Review approval is valid for one (]) year from the date of notification of approval. If any development for which this 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. 6. The applicant shall meet the following conditions subject to the review and approval of the Planning Division: a. Building colors shall be earth tones, eonsistent with the colors of the adjacent bank building. Colors and materials must be indicated on the building plans for review b. The existing 15-foot wide landscape strip along Santa Teresa Boulevard must be replenished, repaired and maintained as necessary for consistency with any new landscaping on the site. c. A separate trash enclosure for the proposed property shall be constructed of six-foot high solid masonry walls with a separate walk-in access, concrete apron and solid, self-closing gate pursuant to City Standards. d. A separate sign permit shall be obtained from the Planning Division prior to the installation of any new signs. e. Any modifications to the square footage allocation for uses must be consistent with the amount of parking provided on site and the thresholds established for the warranting of signalization at Kelton Drive and First Streets. b. The applicant shall obtain all necessary permits for the construction of the building and improvements. The building plans shall include the project address on all pages and a data sheet showing the occupancy, type of construction, area and height, number of stories and area separation walls. 7. The applicant shall meet the following conditions subject to the review and approval of the Deputy Fire Marshal: a. The building shall be equipped with automatic fire sprinklers. Fire sprinkler systems shall meet NFP A and are subject to review and approval by Fire Prevention b. For lots with buildings 150 feet or more from the street, a yardfire hydrant(s) shall be installed so that there is a hydrant within 150 feet of buildings or combustible storage or hazardous operations. Hydrant location to be reviewed and approved by Fire Prevention. c. All buildings shall have fire engine access within 150' of any portion of the building. Fire access to be reviewed and approved by Fire Prevention. 8. The applicant shall meet the following conditions subject to the review and approval of the Engineering Division: a. All utilities must be installed or relocated underground b. Provide all improvements necessary for a right-turn channel on First Street to the bank driveway. c. For the necessary offsite dedications to the City of Gilray, the developer shall pay all costs of any land purchase for the required frontage/sidewalk improvements and easements on the adjacent vacant parcel (APN 790-39-025), located on the northwest corner of Kelton Avenue and First Street. If the developer has not acquired the property within a reasonable period of time, then the City may undertake eminent domain proceedings at the developer's sole cost and expense. The developer shall, within 21 days after City Council approval, place a deposit for all costs associated for First Street right-aI-way and easement acquisition. All acquisition costs shall be paid by the developer. The developer shall post a bond to cover all costs for frontage/sidewalk improvements.. d. All utility improvements in the publie right-aI-way shall COliform to City standards. e. A parcel merger shall be completedfor both parcels 33 and 34. .f The reciprocal access easements shall remain in effectfor the life of the uses on rhe property. 9. The applicant shall meet the following conditions subject to the review and approval of the Building, Life and Environmental Safety Division: a. Accessible parking shall meet minimum City standards. Accessible parking should be located at the shartest route of travel to the accessible entrance. Distribute the accessible parking stalls equally between tenant spaces. Where single spaces are provided, provide van accessible space nine-foot parking area and a ftve-foot loading and unloading access aisle on the passenger side. c. Show the slope of parking space to meet the requirements of I 129B.4.4 of the Uniform Building Code. Provide level landings at exit doors to meet Section 1004.9a of the Uniform Building Code. .... .e:an.....1; .lit: _Ja~t:n~ NEGATIVE DECLARATION Ci ty of Gilroy 7351 Rosanna St. Gilroy. CA 95020 (408) 848-0440 REVISED CITY FILE NUMBER: A/S 92-26 PROJECT DESCRIPTION: Name of Project: Nature of Project: South Valley National Bank planned unit Development (PUD) approval for the proposed construction of professional offic~ and _ __commercial_ cettter:-on-a-~i>2!::---acr-e---parcel-;;------ PROJECT LOCATION: Location: Northeast corner of Santa Teresa Boulevard and First street. Assessor's Parcel Number: 790-39-027 Entitv'or PerSOD(S) undertakinq proiect: Name: Address: South'Valley National Bank (c/o Brad Smith) 500 Tennant station Way, Morgan Bill, CA 95037 INITIAl. STUDY: An expanded Initial Study for this project was undertaken and prepared for the purpose of ascertainino whether the project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Department, 7351 Rosanna Stree~t, Gilroy, california. FINDINGS & REASONS: The Initial study identified potentially significant effects on the environment. However, the applicant has agreed to specific revisions in the project and/or the project has been revised. See the following list of MITIGATION MEASURES, which avoid or mitigate potential effects to a point where no significant effects will occur. There is no substantial evidence that the project, as revised, may have a significant effect on the environment. The following reasons will support these findings: A. The proposed commercial Planned unit Development is consistent with the city's General plan-land use map; B. The proposed planned Unit Development is substantially consistent with the adopted goals and policies of the City's General Plan document; _J c. The'granting of the Planned Unit Development request will not adversely affect or impact adjacent parcels of land or developed commercial and residential properties in the vicinity; and D. The potential significant effects identified wichin the Initial Study can be mitigated to reduce them to an insignificant level of impact. rlP~1~fr ~-.... ~~I~~~ ~ ~~t.!:!i!:::~!S:i't. B ft- ---------==:---- - /. ~ ~ ~ Neq~'CJ.ve uec.Lara'CJ.on: .AfS 92- 2 U~I ~"'/::J"" . MITIGATION MEASURES: 1. prior to building permit issuance, the developer'sball submit a preliminary soils investigation report prepared by a geotechnical firm specializing in foundation and soils analysis. The recommendations of the preliminary soils investigation shall be incorporated into the final improvement plans, subject to the review and approval by the city's Building and Public Works Departments_ 2. Prior to the development of the site, the developer shall pay the required City-wide Traffic Impact Fee, subject ~o the review and approval by the city Department of Public Works. 3_ The design of all street improvements serving the project site shall be provided by the developer, subject to the r~yiew and approval by the city Department of Public Works. These improvem~nts shall include; but not limited to, sufficient right-of-way for a second southbound left-turn lane on Santa Teresa Boulevard to First street. 4_ The development of~he site shall include the improvement of a bicycle lane adjacent to the project site along Santa Teresa Boulevard, subject to the review and approval by the city Department of Public Works. -5~ ~he-~eYe~eper-3ha~1-eeft~r~5u~e-~e-e8y-fteee55ary-8~~flalie8~ieft-!er-~he Fi~~~-6~ree~-~-Kel~eft-9riYe-~ft~er~ee~ieft7-sae;e~~-~e-the-~e~ieW-aft8 appreval-hy-~he-p~hl~e-Werks-gepar~e~~T--Fer-PHASB-r-ef-~fte-prepese~ prejeee7-~h~5-een~riea~ieft-9ha~1-ifte;~ae-~aymeft~-e~-eft-appreprie~e-!ee-aRs ~he-ae9i~ft-e!-~fte-signa~-~m~~eVeMeft~~~--Fer-PHASE-r%-ef-~he-p~epeaea ~rejee~T-~his-eeAerib~~ie~-9hall-iAele~e-~he-iA9~alla~ieA-eE-~he-9i9~al~ 5. The proposed signal at First street and Kelton Drive iD~ersection is currently being reviewed for inclusion into~he city's circulation Element. This signal, if warranted, shall be constructed by the developer in phase II. 6. Proposed street improvements ~hall include the relocation of the existing Santa clara County Transit bus turnout adjacent to the project site, subject to the review and approval by Santa Clara County Transportation and the city of Gilroy Public works Department. 7. Facilities encouraging bicycle use shall be provided, subject to the review and appr?val by the City planning Department. 8. The developer shall construct all utilities to, through, and on the site underground, subject to the review and approval by the City Department of Public Works. 9. The development of the site, to include design layouts and specific site considerations, shall be addressed through ~he city's Plannedun~~ Development approval process, via Architectu~al & Site Review procedures. APR.-lA-'93 WED 16: 12 ID: ~.9ative Decluliltion. A/S 52-26 3. U:L NU. . ~..JClIr~ 03/24/93 10. The devolopment of the site shall cOflforlll to the city of Gilroy's coneolidated Landscaping Policy, .ubject to the review and approval by the city planning Department. Ll. The d....igfl of all ..torm drainage improve.ents ..erving the project eit. shall be provid..d by the developer, subject to the review and approval by the city Depart~ent of Public worka. l2_ Tho development of the .ite shall conform to the Uniform Building. plumbing. Mechanical, and the National Electrical Codes, and the handicap and energy regulations in Title 24 of the california Building code, .ubject to the review and approval by the City public worke and Building Depart2nents. 13. prior to the d..velopment of the ..ite, the developer must obtain sufficient sewer allocation to aerve the proposed project, and will, be required to pay city of Gilroy aanitary aeWer con~ction fees_ L4_ The de..ign of all .ewer line improvements~arviD9 the project ..ite shall be provided by the developer, subject to the review and approval by the city Department of public works. 15. The l"ft turn ooly lane iato the eite from Saota Tere..a Boulevard i. an iater!. meaeure which .ill be done .ith iflter1. atripiog by the d4l....1aper~ >ate preparod. Janusry 25. 1993 ~nd of Rovie~ Period: H&r~h 01, 1993 ~pproved by city Council: Michael Dom, Director of Planning Attachment MITIGATION MONITORING PROGRAM CHECKLIST South Valley National Bank Initial Study (A/S 92.26) Prior to issuance of a Building Permit, the following mitigations shall be implemented: Party Mitigation Nature of Mitilmtion Responsible for Party Responsible for Number Implementation Monitorinlr 1 Prepare a preliminary soils Developer City Building Department investi"ation 2 Pay citywide traffie impaet fee Developer City Department of Publie Works 3 Design street improvements Developer City Department of Public Works 4 Provide a bieyele lane adjaeent to Developer City Department of Publie projeet site along Santa Teresa Works Blvd 5 Contribute to signalization at Developer City Department of Publie First Street and Kelton Drive, if Works warranted 6 Move loeation of bus turnout Developer City Department of Publie Works 7 Provide faeilities eneouraging Developer City Planning Department biCYcle use 8 Construct all utilities Developer City Department of Publie underf'l'ound Works 9 Address development through Developer City Planning Department Architectural & Site Review 10 Conform with Consolidated Developer City Planning Department Landscaping Poliey to inelude , nroteetion of existin!! trees 11 Provide design of all storm Developer City Department of Publie draina"e imnrovements Works 12 Conform with Uniform Building, Developer City Department of Publie Plumbing, Mechanical, and Works and City Building National Eleetrieal Codes, and Department the California Buildin!! Code 13 Obtain sewer alloeation and pay Developer City Department of Publie sanitarv sewer eonnection fees Works 14 Provide design of sewer line Developer City Department of Public imorovements Works 15 Eliminate left turn lane into the Developer City Department of Pub lie site from Santa Teresa Blvd. at Works the time the Welburn AvenuelSanta Teresa Boulevard si!!I1al is installed ~. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2001-39 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of June, 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. (Seal)