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Resolution 2001-45 ICDS\520777.1 02-062604706002 -1- Resolution No, 2001-45 RESOLUTION NO. 2001-45 A RESOLUTION OF THE CITY COUNCIL OF GILROY APPROVING A/S 01-07, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 2.6 ACRES, APN 841-75-009. WHEREAS, Guaranty RV Sales ("Applicant") submitted A/S 01-07, an application for architectural and site approval of a Planned Unit Development ("PUD") to construct a permanent recreational vehicles sales office and display area on approximately 2.6 acres, located at 5970 Travel Park Circle; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration was adopted in conjunction with General Plan Amendment 94-02, adopted January 17, 1995, and this project is substantially consistent with that prior environmental review; and WHEREAS, the Planning Commission held a duly noticed public meeting on June 7, 2001, at which time the Planning Commission considered the public testimony and all documentation related to A/S 01-07 and recommended that the City Council approve A/S 01- 07; and WHEREAS, the City Council held a duly noticed public meeting on June 18, 2001, at which time the City Council considered the public testimony, the Staff Report dated June 12, 2001 ("Staff Report") and all other documentation related to application A/S 01-07; 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: APPROVED: -----n: 0t/ 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 fmds that there is no substantial evidence in the record that this project will have a significant impact on the environment. C. AlS 01-07 should be and hereby is approved subject to: 1. The fourteen (14) conditions attached hereto as Exhibit A and incorporated herein by this reference. 2. The twenty-three (23) 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 2nd day of July, 2001, by the following vote: AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, SUDOL, VELASCO, and SPRINGER NONE NOES: COUCILMEMBERS: ABSENT: COUNCILMEMBERS: PINHEIRO , ./ i" ." : / . /i 7JU7t~~A' Thomas W. Springer, Mayor ICDS\520777.1 02<)62604706002 -2- Resolution No. 2001-45 EXHIBIT A AlS 01-07 (PUD) 6 6/12/01 Planninl! Division (contact Gregg Polubinsky 408-846-0440) Subject to review and approval of the Planning Division. I. Expiration: This Architectural and Site Review approval is valid for one (I) year from the date of Planoing Commission approval. If any development for which this approval has been granted is not established within this period, the approval shall expire. The Planning Division Manager may grant an extension of one additional year on an application if the request is received prior to expiration. 2. 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 planting design will show that 25% ofthe plant material exceed the minimum size requirements, i.e trees at 24" box, shrubs at 5 gallon and perennials at I gallon. 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. 3. Prior to building plan approval the applicant will show canvas awnings above the entry porch and over all the windows. Wall elevations ofthe sales structure where there is little or no architectural detailing will have a permanent architectural metal trellising attached to the building to support vines. 4. Mechanical Appurtenances: Mechanical equipment iflocated on the roof ofa building shall be screened by an architeclural feature of the building, such that it caonot be seen from ground level at the fur side of the adjacent public right-of-way. 5. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. 6. All proposed signage shall be subject to review and approval by the Planning Division. 7. Prior to occupying the building emergency contact information will be provide to the City of Gilroy's Emergency Operations Center. EOldneerinl! Division (contact Kristi Abrams 408-846-0450) Subject to review and approval of the Engineering Division. 8. Cross-access agreement is required along the entry drive to accommodate the property on the western side. 9. Prior to issuance of a building permit cross-access agreements for tractor-trailer parking between the Garlic Farm Truck Stop and the Garlic Farm Annex must be completed and recorded. 10. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120. AlS 01-07 (PUD) 6/12/01 7 II. 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 shall meet with the approval by the City Engineer. Grading plans shall show grades of all adjacent properties. 13. Prior to issuance of the Building Permit a Map showing the revised floodway easement must be recorded per the review and approval of the City Engineer. Building, Life and Environmental Safety (contact Alan Low at 846-0430) Subject to review and approval of the BLES Division. 14. Applicant must comply with the attached 15 conditions dated April 18, 2001. ~ William Faus Planning Division Manager April 18, 2001 City of Gilroy Community Development Department BLES Division - Building 408846-0430 - Fax: 408 846-0429 Owner: Garlic Farm Project address: XXXX Travel Park Circle Scope of Work: Proposed RV Sales Planning #: 010200007 Plan checker: Alan Low 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 permit submittal: CONDITIONS: 1. DESIGN PROFESSIONAL -This project will require a State of California 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 recommendations 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 may be in a flood zone and must meet the City of Gilroy "Floodplain Management Ordinance" #98-16. 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. [:\Projects\GuarantyRV\O \020007 AS 0 1.JJ7 .xxxx Travel Park CR ProJXIscd trailer saksA.DOC 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 CBC section 170 I. Please contact the Building Division at the time of plan submittal to obtain an application for special inspections. 8. STRUCTURAL CALCULATIONS - Provide Structural Calculations verilYing 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. DEMOLITION - Demolition permits will be issued in accordance with City Ordinance. Prior to permit issuance: Submit a plot clearly showing the location and the portion of building or the building to be demolished, a completed application for Demolition, a Bay Area Air Quality Management District "]" number, and obtain approval from the Building Official for the scope of work. The forms necessary are available at the Building Counter. 10. 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. II. NOTICE OF EXCAVATION - Prior to excavation, adjoining landowners shall be given n6tice of the date, location, and extent of excavation in conformity with Section 832 ofthe Civil Code and copies shall be provided to the Building Official prior to issuance of grading permit. 12. Bathroom facilities must meet the number of fixtures required by State and Federal regulations. Assembly fucilities and buildings are required to provide higher number of fixtures in women's bathrooms. 13. T-24 ACCESSIBILITY/COMMERCIAL - The developer shall comply with all applicable provisions of Chapter II of the California Building Code (Title 24) for Disabled Access_ . Accessible parking spaces are required to meet the CBC. ll29B . Accessible parking should be located at the shortest route oftravel to the accessible entrance. ll29Bl . Provide accessible parking spaces to meet Table lIB-7. . Where single spaces are provided, the unloading access aisle must be placed on the passenger side. l129B.4.l . One in every eight accessible spaces, but not less than one, shall be designed for van accessibility. lI29B.4.2 . The disabled cannot go behind other parked cars. l129B4.3 . Show the slope of the accessible parking space and unloading area to meet I I 29B.4.4. . Provide signage to meet I I 29B.5 . All entrances and exterior ground-floor exit doors to buildings shall be made accessible to persons with disabilities. . Provide an accessible path oftravel between accessible parking and all tenant spaces. . Provide an accessible path oftravel between buildings on the same site. . Provide an accessible path oftravel to the public right of way including the nearest bus stop. I :\Projects\GuarantyR Vi[) 1 020007 AS 0 l-07 XXXX Travel Park CR Proposed trailer salesADOC . 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.). 14. Provide proper address for proposed project on each page of plans prior to submission of plans for initial building plan check. 15. 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 and construction staff. The City will be represented by departments having conditions of approval on the project. l:\Projects\GuarantyRV\OI020007 AS 01-07 XXXX Travel Park CR Proposed trailer salesADOC Planning Department NEGATIVE DECLARATION EXHIBIT B City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 { REVISED} CITY FILE NUMBERS: GPA 94-02. Z 92-07. TM 92-03. PUD A/S 93-05 PROJECT DESCRIPTION: Name of project: Nature of project: MVW Properties Truck stop center General plan Amendment, Zone change, Tentative Map, and planned unit Development (PUD) approvals to allow the proposed development of a truck stop complex. PROJECT LOCATION: Location: Approximately 15 acres on the west side of Bolsa Road, adjacent to the Highway 101 / Monterey Street interchange. Assessor's Parcel Numbers: 841-14-067 En~itv or Person/s) undertakinq proiect: Name: MVW Partners (c/o Howard Vierra) Address: 22650 McKean Road, San Jose CA 95120 INITIAL STUDY: An expanded Initial Study for this project was' undertaken and prepared for the purpose of ascertaining 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 Street, 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 Truck stop Center, under the provisions of a 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; C. The granting of the General plan Amendment, Zone Change, Tentative Map, and planned Unit Development (PUD) approvals will not adversely affect or impact adjacent parcels of land or developed industrial, commercial , or agricultural properties in the vicinity; and D. The potential significant effects identified within the Initial Study can be mitigated to reduce them to an insignificant level of i~pact. ------------ NEG.DEC. MVW TRUCK STOP 2 12/16/94 REVISED 1. The project shall be designed in accordance with earthquake design regulations of the Uniform Building Code, subject to the review and approval by the city Building, Life & Environmental safety Department. 2. A soils investigation shall be prepared for the project site by a qualified soils engineer. .The recommendations of the soils investigation shall be incorporated into the final improvement plans and shall be reviewed and approved by the City Department of public Works'prior to approval of the final map. The purposes of the soils investigation are to determine the exact soils characteristics and limitations on the project site, specifically the shrink-swell potential of the soils, and to recommend appropriate engineering specifications for the proposed project. 3. The deve~oper 'shall construct f~nished floor elevatio~s at least o~e foot above the lOO-year flood elevation as delineated on the 1994 preliminary FIRM amp on file with the city of Gilroy. To accomplish this, the preliminary grading plan shall be revised to reflect the following changes: A. Raise the first floor of the motel elevation 186'; and B. Raise the first floor of the mini-storage buildings to elevation 187'. 4. The design of all storm drainage improvements serving the project site shall be provided by the developer, subject to review and approval by the city Department of Public Works. These design plans shall include, but not be limited to: A. calculations verifying that at least 1.5 acre-feet of water detention storage will be provided at the project site; B. The water detention storage shall be lined. It shall have an appropriate inlet and outlet for releasinq water from the detention pond into a watercourse thrcuqh a storm drain system with adequate capacity to convey releases from the detention pODd~ 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 facilities within the storm drain detention facilities; and E. provisions for periodic sweeping for roadways, driveways, and parking areas on the project site. 5. Developers shall pay the appropriate storm drain development fees, subject to review by the City Department of Public Works prior to issuance of a building permit. 6. The project proponent shall be required to obtain a National pollution Discharge Elimination Systems Program (NPDES) General construction Permit, required under the Federal Clean Water Act, from the Regional Water Quality control Board, prior to issuance of a building permit. The NPDES construction permit requires implementing both construction and post- construction phase storm water pollution best management practices. Additionally, the proposed project shall implement provisions of the NPDES construction permit which requires preparing and complying with a storm Water Pollution Prevention Plan. NEG. DEC, MVW TRUCK STOP 3 12/16/94 REVISED 7. The project proponent shall conduct a velocity study to design slope protection for the railroad ballast. The study shall address the scouring' effect of the floodway and the measures that will be needed to be undertaken to protect the railroad tracks, ballast, and slopes. This study and design shall be subject to review and approval by the City Public Works Department. S. The developer shall pay the appropriate traffic impact fee, subject to approval of the City Department of Public Works, prior to issuance of a building permit. 9. The developer shall signalize the Monterey street/southbound Highway 101 ramps intersection. 10. The developer shall prepare a traffic facilities improvement plan to include the installation of the following improvements: A. Provide a sidewalk along the entire project Monterey Street frontage; B. Provide bus turnouts along the project frontage as directed by the santa clara County Transportation Agency; C. Provide two through lanes. as well as a left-turn lane on the northbound Bolsa Road approach at the project driveway. This will be needed to accommodate long-term traffic growth; D. Provide two left-turn lanes, 'a through lane, and a right-turn lane on the northbound Highway 101 off-ramp. The.left-turn lanes should provide a minimum of 300 feet of vehicular storage. The right-turn lane should provide a minimum of 200 feet of vehicular storage. This will be needed to accommodate long-term traffic conditions; E. Signalize the Monterey street/Northbound Highway 101 ramps, project driveway intersection;' F, Dedicate right-of-way and provide frontage improvements along the project frontage on Bolsa Road to accommodate a four-lane divided arterial; G. Provide verification that the vertical alignment of the project driveway can accommodate a25 mile per hour design speed. This includes sight distance across Monterey Street. Currently Monterey street if banked to the west with a 4 percent super elevation. The on- site driveway drops off to the east at a 5.5 percent grade. This is about a 10 percent change in gradient across the intersection, The ability for vehicles to maintain lane alignment east bound and west bound across the intersection must be maintained through the intersection; H. Provide a driveway on the easterly side of Parcel 2 to allow vehicle easier and clearer entry from an exit to the main project driveway. An east bound left-hand turn lane will need to be provided on the main project entrance to accommodate the inbound movement. The high turnover sit-down restaurant on Parcel 2 is currently proposed to be served by only a single driveway at the back side of the parcel; I. Install stop signs on the three exiting movements at the main project driveway intersection with the first on-site north/south cross aisle between Parcels 1 and 5; and NEG. DEC. MVW TRUCK STOP 4 12/16/94 REVISED J. Provide for additional Monterey Road per city width required to allow for bike standards and specifications. lanes on Traffic facility improvement plans shall be sub~ect to the review and approval by the city public Works Department, prior to approval of the final map and final improvement plans. 11, The developers shall be responsible for submitting a dust and pollution control plan subject to review and approval by the City Building, Life & Environmental Safety Department, consistent with existing city policies and codes prior to issuance of a building permit. This plan may include the following measures: A. Re';;ard engine timing on diesel-powered equipment to reduce NOx emissions. Maintain existing gasoline-powered equipment in tune per manufacturer's instructions. B. substitute electric-powered equipment for internal combustion-powered equipment, where feasible. c. substitute gasoline-powered equipment (preferably, with catalytic converters installed) for diesel-powered equipment, where feasible. D. Develop a comprehensive construction activity management plan 'to minimize the pieces of construction equipment operating and the extent of the site area worked during any given time period. E. Use water trucks or sprinkler systems to prevent airborne dust from leaving the site. Require increased watering frequency whenever wind speeds exceed 15 mph. F, Lay building pads and pave roadways area, sidewalks, parking lots, etc. as soon as possible. G. Limit the speed for all construction equipment to 15 mph on any unpaved surface. B. schedule as many construction truck trips as possible during non-peak hours to reduce peak-hour emissions. . I. water or securely cover all excavated material transported off-site. 12. Noise-generating construction activities shall be restricted to normal daytime hours (7:00 am to 10:00 pm). Construction equipment shall be properly muffled and maintained. The contractor work specifications for all construction activities shall reflect these measures subject to the review and approval of the City Building, Life & Environmental Safety Department prior to issuance of a building permit. 13. A noise analysis shall be conducted to determine anticipated on-site noise levels generated by the proposed project. The analysis information shall be used to determine the need for any noise attenuation structures or special building design considerations for both the restaurant and the motel. The noise analysis shall be conducted subject to review and approval by the city Building, Life & Environmental safety Department prior to issuance of a building permit. NEG.DEC. MVW TRUCK STOP 5 12/16/94 REVISED 14. The developer shall provide design guidelines for the entire site which should include, but not limited to, the following components: A, Landscaping (paying special attention to the southern and western borders of the site, as well as between the truck parking area and the motel and restaurant). Development of the site shall conform to the city of Gilroy's Consolidated Landscaping Policy; and B. Architectural design (to ensure internal design compatibility and design which is compatible with southern Gilroy). These design guidelines shall be subject to the review and approval by the City Planning Department prior to approval of the final map and shall be addressed fully within the city of Gilroy's Planned unit'Development procedures via Architectural & site Review. 15. The developer shall construct all utilities to, through, and on the site underground s~bject to the review and approval by the city Department of Public Works. 16, Prior to development of the site, the developer shall pay required City of Gilroy Public Safety impact fees. 17. The design of all water infrastructure improvements serving the project site shall be provided by the developer, subject to the review and approval by the City Department of Public Works. The proposed project shall provide a looped 12 inch water system ~rom the existing line in Monterey Street to the existing stub located in Souths ide Drive east of the railroad tracks. This will require a fully dedicated utility easement through the private properties the line traverses. A bore & jack, separate from the one required for the sewer extension, will be required under the railroad tracks. 18. Developers shall pay the appropriate water development fees, subject to review by the city Department of Public Works prior to the issuance of a building permit. 19. All existing on-site wells shall be permanently capped in compliance with the standards set forth by the Santa clara valley Water District and the City Department of Public Works prior to the issuance of a building permit, 20. The design of all sewer infrastructure improvements serving the project site shall be provided by the developer subject to review and approval by the city Department of Public Works. Sewer lines shall be a minimum of 12 inches. 21. Developers shall pay the appropriate sewer development fees subject to review by the City Department of Public Works prior to issuance of a building permit. 22. Prior to development of the site, the developer must obtain sufficient sewer allocation to serve the proposed project and will be required to pay City of Gilroy sanitary sewer connection fees, NEG.DEC. MVW TRUCK STOP 6 12/16/94 REVISED . 23. Due to the possibility that significant buried cultural resources might be found during construction, language shall be printed on construction drawings to protect these resources, pursuant to the review by and approval of the City Planning Department. such language might read as follows: "If archaeological resources or human remains are discovered during construction, work shall be halted within SO meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. If' the find is detennined to be significant, appropriate mitigation measures shall be fonnulated and implemented." Date Prepared: october 21, 1994 End of Review Period: December 9, 1994 Approved by City council: Michael Dorn, Director of Planning . Attaclunent B MITIGATION MONITORING PROGRAM CHECKLIST MVW Properties Truck Stop Center Expanded Initial Study Prior to issuance of a Building Permit, the following mitigations shall be implemented: Party Mitigation Responsible for Party Responsible for Number Nature of Mitil!'ation Implementation Monitorine: 1 Development designed in aeeordanee with earthquake Developer Building Department design regulations 5 Pay storm drain development Developer Department of Public Works fees 6 Obtain NPDES oermit Developer Department of Public Works 8 Pay traffie impact fee Developer Department of Publie Works 9 Design and install Monterey Developer Publie Works Department Street/Southbound Highway 101 ramps intersection 11 Submit dust and pollution Developer Building Department eontro!Jl!an 12 Restrict eonstruetion activities to Developer Building Department normal daytime hours (7:00 am to 10:00 pm) 13 Conduct noise analysis Develooer Buildin~ Deoartment 15 Construct all utilities to, Developer Building Department through, and on the site underground 16 Pay required Publie Safety Developer Planning Department impact fees 18 Pay the appropriate water Developer Department of Public Works development fees 19 Permanently eap existing on-site Developer Department of Publie Works wells Santa Clara Valley Water District 21 Pay the appropriate sewer Developer Department of Pub lie Works development fees 22 Obtain suffieient sewer Developer Department of Publie Works alloeation to serve the proposed project and pay City of Gilroy sanitary sewer eonnection fees 23 Protect any future Developer City Planning Department arehaeologiea1lhistorieal resourees diseovered on-site I I I Attachment A . I I MITIGATION MONITORING PROGRAM CHECKLIST I MVW Properties Truck Stop Center Expanded Initial Study I Prior to approval of the Final Subdivision Map, the following mitigations shall be implemented: I Party Mitigation Responsible for Party Responsible for Number Nature of Mitigation Implementation Monitoring 2 Prepared detailed soils Developer Publie Works Department investit!atinn 3 Revise preliminary grading plan Developer Building Department to reflect eonstruction of finished floor elevations at least one foot above the laO-year flood elevation 4 Revise storm drain improvement Developer Publie Works Department plans 7 Conduct veloeity study; design Developer Public Works Department slope proteetion for railroad ballast 10 Prepare traffic facilities Developer Public Works Department imnrovement Dlan 14 Provide arehiteetural and Developer Planning Department landseane desiom ruidelines 17 Provide design of all water Developer Department of Pub lie Works infrastructure improvement.s servint! the project site 20 Provide design of all sewer Developer Publie Works Department infrastructure improvements servint! the Droiect site I I I I I I I I I I I I I I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2001-45 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day ofJuly, 2001, at which meeting a quorum was present. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 18th day ofJuly, 2001. ~, (Seal)