Resolution 2001-39
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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
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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.
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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.
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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)