Resolution 2007-40
RESOLUTION NO. 2007-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AlS 06-38 (PUD), AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROV AL OF A
PLANNED UNIT DEVELOPMENT FOR THE ADDITION AND
RENOVATION OF AN EXISTING CAR WASH, ON
APPROXIMATELY 0.46 ACRES LOCATED AT 951 FIRST
STREET, APN 790-21-008.
WHEREAS, EI Estero Car Wash clo John Logan, submitted application AlS 06-38 -
(PUD), requesting architectural and site approval for the addition and renovation of an existing
car wash on approximately 0.46 acres ("the Project"), at 951 First Street APN 790-21-008; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for replacement or reconstruction projects pursuant to CEQA Guidelines Section
15302, which applies to this Project; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 1,
2007, at which time the Planning Commission considered the public testimony, the staff report
dated February 16, 2007 ("Staff Report"), and all other documentation related to application
AlS-PUD 06-38, and recommended that the City Council approve said application; and
WHEREAS, the City Council at its duly noticed meetings on April 3, 2007 and April 16,
2007 considered the public testimony, the Staff Report, the supplemental staff reports dated
March 2,2007 and April 10, 2007, and all other documentation related to application AlS-06-38
(PUD); and
WHEREAS, the City Council determined that the conditions of approval set forth in the
Staff Reports and recommended by the Planning Commission should be incorporated into the
Project; and
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Resolution No. 2007- 40
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 based upon substantial evidence in the entire record as summarized below:
1. The Project conforms to the Gilroy General Plan in terms of general
location and standards of development.
2. This Project does not change in any material way the operation of the
property.
3. The Project does not require additional urban services beyond those that
are currently available at the Project site.
4. The Project provides a harmonious, integrated plan that will substantially
improve the site, with its new services and architectural features.
5. The Project is an economical and efficient use of the property because it is
an addition to and renovation of an existing facility.
6. The Project site will be improved with new landscaping which exceeds
City requirements.
7. The Project will not create traffic congestion, noise, odor or other adverse
effects on surrounding areas, as it is consistent with the City's Commercial permitted
uses, site, and building requirements.
8. The Project provides appropriate access, parking, landscaping, trash areas
and storage. As explained in the Staff Report, the site conditions are in compliance with
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Resolution No. 2007- 40
City standards and the proposed addition and renovation do not require additional
parking.
B. Application A/S 06-38 (PUD) should be and hereby is approved subject to the filing of a
revised plan set reflecting the changes proposed by the applicant, as well as the conditions of
approval set forth in Exhibit "A" attached hereto and entitled "A/S 06-38 (PUD) FINAL
CONDITIONS OF APPROVAL".
PASSED AND ADOPTED this 7th day of May, 2007 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~~.
. 11: Pinheiro, May:r
ATffiS} . . .
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Rh nda Pelhn, CIty Clerk
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Resolution No. 2007- 40
A1S 06-38
Final Conditions of Approval
1
4/16/07
A/S 06-38
FINAL CONDITIONS OF APPRO V AL
Planninl! Division (contact Kellv Felice 408-846-0440)
These conditions are subject to the review and approval of the Planning Division.
1. 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
Landscape Policy, and the approved specific landscape plan.
2. Existing Oak Trees to remain.
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. Mechanical Appurtenances: Mechanical equipment to be located on the roof of the building shall be
screened 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 (1) 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. Building colors and materials shall be compatible with the natural landscape and must be indicated
on building plans prior to building permit issuance.
7. All retaining walls shall be masonry (modular block similar to Keystone type recommended).
8. A separate sign permit will be required for the proposed monument sign replacement prior to
installation.
Fire Marshal (contact.T. Bretschneider at 846-0430)
These conditions are subject to the review and approval of the Fire Marshal.
9. 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.
Obtain a building permit to bring existing building to commercial standards.
10. All solid wastes, hazardous wastes, and industrial waste water shall be handled and disposed of in
accordance with applicable laws and regulations. Contact Jonathon Crick for more information
EXHIBIT A
A/S 06-38
Final Conditions of Approval
2
4/16/07
Entrlneerine (contact John Brice at 846-0430)
11. Must obtain Caltrans Encroachment permit prior to issuance of Building Permit
City Council Added Conditions:
12. The developer shall add 63 square feet of landscaping.
13. The developer shall remove landscape fencing.
14. The developer shall add stone veneer at the store front windows adjacent to First Street.
15. The developer shall add decorative lighting to the building.
EXHIBIT A
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2007-40 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
7th day of May, 2007, 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 I st day of June, 2007.
/( u?~~.
Clerk of the City of Gilroy
(Seal)