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Resolution 2004- 97 RESOLUTION NO. 2004-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 04-29, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROV AL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR AN APPROXIMATELY 118,000 SQUARE FOOT RETAIL CENTER (GILROY COMMONS) ON APPROXIMATELY 10.18 ACRES, LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 152 AND CAMINO ARROYO, APNS 841-70-027, 028, 029, 030 WHEREAS, Land Capital Group, the Applicant, submitted A/S 04-29, an application for architectural and site approval of a Planned Unit Development ("PUD") and signage program for an approximately 118,000 square foot retail center (Gilroy Commons) on approximately 10.18 acres, located at the southeast comer of Highway 152 and Camino Arroyo, APNs 841-70-027, 028, 029,030; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Final Environmental Impact Report ("Final EIR") was prepared for this project and was certified in accordance with CEQA by the City Council by Resolution No. 2002-85 on December 18, 2002, therein making all necessary findings regarding the significant effects of the project, adopting mitigation measures and a statement of overriding considerations as to unavoidable impacts, and adopting a mitigation/monitoring program; and WHEREAS, the City of Gilroy has reviewed the Final ErR in conjunction with application A/S 04-29 and finds that A/S 04-29 is substantially consistent with all prior environmental documentation, and therefore determines that this project is covered by the Final EIR; and WHEREAS, the Planning Commission held a duly noticed public meeting on October 7, 2004, at which time the Planning Commission considered any public testimony, the staff report IG801639611.2 01-110904-04706089 -1- Resolution No. 2004-97 dated September 29, 2004 ("Staff Report"), and all other documentation related to application AlS 04-29, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public meeting on October 18, 2004, at which time the City Council considered any public testimony, the Staff Report, and all other documentation related to application AlS 04-29; and WHEREAS, the City Council determined to modify proposed condition 5 regarding signs, allowing two pylon signs, one up to a height of 75 feet and another up to 40 feet, and allowing two monument signs, and also determined to delete proposed condition 15, which would have required the applicant to provide the signal design for Camino Arroyo and Holloway Road; 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: A. The City Council hereby adopts the findings as required by Zoning Ordinance section 50.55 (a) through (i) based upon substantial evidence in the entire record, as set forth below: The project conforms to the Gilroy General Plan in terms of general location and standards of development. The proposed development fulfills a specific need of the surrounding area because its location near the intersection of two major highways will allow it to serve commuters and other pass-by travelers. IGB01639611.2 01-110904-04706089 -2- Resolution No. 2004-97 The project does not require urban services beyond those which are available at the project site. The project plan is coherent, attractive, and harmonious, and blends with the previous approval within this Planned Unit Development. The project reflects an economical and efficient use of this property because it is part of a planned shopping center, and therefore will serve commuters and other pass-by travelers rather than generating traffic solely to this site. The project includes landscaping of 14 percent of the site rather than 8 percent required by the Zoning Ordinance, which meets the intent of the Planned Unit Development ordinance. The proposed building utilizes aesthetic design principles to create an attractive project that blends with the character of the surrounding area while exceeding minimum City design standards. The project will not create traffic congestion, noise, odor or other adverse effects on the surrounding areas beyond those evaluated by the Final EIR prepared for the Gilroy Crossing project, and a traffic analysis indicates that the existing road infrastructure can accommodate traffic generated by this project. The project provides adequate access, parking, landscaping, trash areas and storage, as necessary. The project does not require urban services beyond those that are available at the project site. B. AlS 04-29 should be and hereby is approved subject to the final conditions of approval, attached hereto as Exhibit A and incorporated herein by this reference, and subject to \GBO\639611.2 01-110904-04706089 -3- Resolution No. 2004-97 the mitigation measures and mitigation monitoring program set forth in CEQA Res. No. 2002- 85. PASSED AND ADOPTED this 151 day of November, 2004 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~. ATTEST: ~~, Rhonda Pellin, City Clerk IG801639611.2 01-110904-04706089 -4- Resolution No. 2004-97 LAND CAPITAL GROUP (A/S 04-29) FINAL CONDITIONS OF APPROVAL Plannim~ (contact Melissa Durkin at 846-0440) 1. Mitigation Measures 1 through 57 contained within the Environmental Impact Report for this project shall be applied to the approval of the project. This shall be subject to the review and approval of the Planning Division. 2. Landscaping: Landscaping plans including specifications for an inigation 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. 3. All landscaped areas adjacent to parking and/or paved areas shall be separated by a raised protective curbing to meet minimum City standards, subject to review and approval ofthe Planning Division. 4. Street frontage landscaping along Camino Arroyo shall be bermed in order to provide additional screening of the parking areas. Such berming shall be delineated on required landscaping plans, and shall be subject to Planning Division approval. 5. The Gilroy Crossing Master Sign Program shall be modified as follows: Pvlon Siens The maximum number of pylon signs allowed shall be two. The first sign shall be allowed a maximum height of75 feet and a maximum area of 525 square feet, and the second sign shall be allowed a maximum height of 40 feet and a maximum area of 525 square feet. The second sign shall be located adjacent to Camino Arroyo, between the first and second group of buildings, subject to staff review and approval. Monument Siens The maximum number of monument signs allowed shall be two. Each monument sign shall be limited to a maximum height of 14 feet and a maximum area of200 square feet. 6. All signage shall be installed in accordance with the approved Gilroy Commons Master Sign age Program. EXHIBIT A A/S 04-29-Final Conditions of Approval 2 11/08/04 7. Trash Enclosures: All trash enclosures shall consist of visually solid fences and gates, six (6) feet in height, in accordance with the adopted City of Gilroy standard trash enclosure design plan, or a similar design approved by the Planning Division. All trash enclosures shall be located in accordance with the approved site plan and Uniform Fire Code. In addition, recycling areas must be provided within the trash enclosures, in accordance with the following regulations: A. Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project. B. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project. C. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area. 8. This developer shall place arbors on any trash enclosures visible from the public right-of-way, in order to screen the trash enclosure, subject to the review and approval ofthe Planning Division. 9. 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 of the Planning Division. 10. 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 level at the far side ofthe adjacent public right-of-way, whenever possible. This is subject to the review and approval of the Planning Division. This condition shall be included as a note on the building plans. 11. Building colors shall be earth tones subject to Planning Division approval. En1?;ineerin1?; (contact Kristi Abrams or Don Dey at 846-0450) 12. Submit an underground electrical plan. All transformers and switch gear shall be underground. This condition shall be included as a note on the building plans and improvement plans. 13. Provide an erosion control plan. 14. Additional on-site stop controls may be required, subject to determination by the Engineering Division. 15. Erosion control must be placed during construction 16. Off-site construction and on-site construction requiring inspection by Engineering Staff shall be limited to the hours of8:00 a.m. to 5:00 p.m., Monday through Friday. Construction can be allowed outside these hours with prior written approval of the City Engineer and the additional payment for overtime wages expended by the City to accommodate inspection outside the 8 - 5 Monday through AlS 04-29-Final Conditions of Approval 3 11/08/04 Friday time period. 17. Provide concrete truck wash area on the erosion control plan. 18. Show all utilities on the street and profile the storm and sewer on-site. 19. Provide a separate landscape meter. 20. Provide an on-site lighting plan. 21. Locate catch basins at rear of property out side of easement. 22. Certification of Erosion Control Plan is needed prior to October 15th. 23. Certification of grades and compaction required prior to paving (add to general notes on the title sheet of plans). 24. Certification of improvements on site plan required prior to Building final (add to general notes on the title sheet of plans). 25. If the project has excess cut or fill that will be on- or off-hauled to a site within the city limits of Gilroy, an additional permit is required (add to general notes). 26. Section 21.120 Undergrounding required with new streets. All overhead utility facilities within newly constructed public streets shall be placed underground. No utility undergrounding fee shall be required for any frontage of a development project which is adjacent to a street which will be improved, including utility undergrounding, as a condition of such project (Ord. #89-17, & 2, 10-16-89). 27. Installation of underground utility lines, etc.: exceptions. New and existing utility lines, appurtenances and associated equipment, including, but not limited to, electrical transmission, street lighting, and cable television shall be required to be placed underground as required in Article V of this chapter starting with section 21.111 (Ord. #81-11, & 1,3-16-81; Ord. #89-17, & 1, 10-16-89). 28. Make up the difference in the curb line at the property line in the driveway on Holloway Road. Remove the existing curb to the property line to accommodate this change. Fire Department (contact Jackie Bretschneider at 846-0430) Fire Prevention Conditions (contact Jackie Bretschneider at 846-0430): 29. Any building 3,000 square feet or more shall have a fire sprinkler system installed. Fire sprinkler systems shall meet NFP A and are subject to review and approval by Fire Prevention. Interior risers required, and there shall be an exterior door within 20 ft of each riser. Each building shall have its own fire main and Fire Department Connection (FDC). FDC shall be located at the street near a driveway. AlS 04-29-Final Conditions of Approval 4 11/08/04 30. Fire 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. Private fire mains that are looped on a site with multiple property lines shall have CCR's that provide for all property owners to be responsible for the maintenance of the system. 31. All buildings shall have fire engine access within 150' of any portion of the building. Roads shall be all weather and capable of supporting a 40,000 lb apparatus and provide an inside turn radius of 32 and outside radius of 39'. Fire access to be reviewed and approved by Fire Prevention. 32. Hydrants, FDC and PIV to be at locations approved by the Fire Marshal. Sprinkler Risers shall be inside. Fire Department Connection shall be within 40 ft of a public hydrant and hydrant to be on the same side of the fire access road as the FDC. A double detector check shall isolate the Fire Protection system from the public main. Any variation shall be made on an application for a review and approval by the Fire Chief. 33. All Buildings and uses shall comply with the California Building Code, California Fire Code, as amended by the City of Gilroy, and the Uniform Mechanical, Electrical, and Plumbing Codes. Hazardous Materials Standard Comments (contact Jackie Bretschneider at 846-0430): 34. Shell-Only (Spec) Buildings: Tenants with hazardous materials shall provide a complete Hazardous Materials Business Plan prior to occupancy. Industrial Waste/Pretreatment (contact Jackie Bretschneider at 846-0430): 35. All new industrial buildings shall have a sewer test manhole installed on the property (see City Specifications) and in an area that can be readily accessed by an inspector, (minimum of one for each building). For tenants with industrial waste treatment systems, a separate sewer test manhole shall be required. 36. Kitchens/Cooking facilities: All cooking facilities shall be provided with a grease trap or clarifier, sized for the anticipated flows. No garbage disposals are allowed. Fast food, stand-alone restaurants and restaurants with seating of 100 or more (approx 1500 sq ft) shall have an exterior, in-ground, 1500 gallon interceptor. Smaller restaurants shall have interceptors as indicated in the Chemical Control Interceptor Policy. 37. Trash areas, including compactors for food handling or serving facilities shall be provided with a means to be cleaned without discharge to the storm drains. Community Services (contact Carla Ruigh at 846-0460) 38. Backflow devices must be provided, subject to the review and approval of the Water Division. 39. The developer shall be required to install street trees according to the Consolidated Landscaping Policy. The developer will be required to obtain a Street Tree Permit prior to installation of the AlS 04-29-Final Conditions of Approval 5 11/08/04 trees. This shall be subject to the review and approval of the Community Services Division. '\ I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-97 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of November, 2004, 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 4th day of November, 2004. . /J//, · :J ~-!f11.ff-~ O~U~~' City Clerk of the City of Gilroy (Seal)