Resolution 2007-89
RESOLUTION NO. 2007-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S 07-23, AN APPLICATION FOR
DEMOLITION OF AN UNREINFORCED MASONRY
BUILDING AND ARCHITECTURAL AND SITE APPROVAL
FOR A FOUR-STORY MIXED-USE BUILDING IN THE
DOWNTOWN HISTORIC DISTRICT (DHD-HN) LOCATED AT
7529 MONTEREY STREET, APN 799-06-050.
WHEREAS, Raul and Maria Yanez submitted application A/S 07-23, requesting
demolition of an Unreinforced Masonry (URM) building and architectural and site approval for
six (6) residential units in a four-story mixed use building, on approximately 0.06 acres ("the
Project"), located in the Downtown Historic District at 7529 Monterey Street, north of the Fifth
Street intersection, APN 799-06-050; and
WHEREAS, pursuant to the California Environmental Quality Act Guidelines Section
15332, this Project is categorically exempt from further environmental review as an in-fill
development; and
WHEREAS, the Planning Commission held a duly noticed meeting on October 4, 2007,
at which time the Planning Commission considered the public testimony, the staff report dated
September 5, 2007 ("Staff Report"), and all other documentation related to application A/S 07-
23, and recommended that the City Council approve said application; and
WHEREAS, the City Council at its duly noticed meeting on November 19, 2007
considered the public testimony, the Staff Report, the supplemental staff report dated November
2,2007, and all other documentation related to application A/S 07-23; and
WHEREAS, the City Council determined that the conditions of approval set forth in the
Staff Report and recommended by the Planning Commission and Historic Heritage Committee
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should be incorporated into the Project, and modified said conditions to require that the trash
enclosure be covered and that the door and windows of the fa9ade be framed in wood, (see
Conditions 46 and 47 of Exhibit "A" attached hereto); and
WHEREAS, Section 27.50 of the Zoning Code reqUIres that all applications for
demolition be reviewed by the Historic Heritage Committee, which recommended approval of
the Project with the condition that the structure be documented in an appropriate historical
context prior to demolition, (see Condition 48 of Exhibit "A"); and
WHEREAS, the Project lies within the parking reduction area and qualifies for a total
parking reduction of 100% as described in the Staff Report; 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 following findings based upon substantial
evidence in the entire record as summarized below:
As required by Zoning Ordinance Section 27.50:
1. Demolition of this URM Building which IS listed on the Historic
Resources Inventory will not have a significant impact on the historic character of the
neighborhood. The inventory does not recognize this structure as having any significant
architectural features, and the architectural detailing of the proposed building will
strengthen the sense of place in the downtown historic core.
2.
The URM structure is not feasibly restorable, and the architectural quality
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affect the health, safety, or general welfare of the public.
B. Application A/S 07-23 should be and hereby is approved subject to the 48
conditions of approval set forth in Exhibit "A" attached hereto and entitled "CONDITIONS OF
APPROVAL - A/S 07-23".
PASSED AND ADOPTED this 3rd day of December, 2007, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~~
ert Pmheiro, Mayor
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City of Gilroy
Community Development Department
Planning Division
7351 Rosanna St.
Gilroy, CA
(408) 846-0440
Architectural & Site Review
FILE NUMBER:
APPLICANT:
LOCATION:
A/S 07-23 (07060006)
Raul and Maria Yanez c/o Phan Architects (408) 242-8350
7529 Monterey Street, north of Fifth Street intersection
1. At the time of Building Permit submittal all of the following Conditions of this Staff Report will
be listed on the construction drawings in a prominent place at the front of the drawing set.
2. This Architectural & Site Review application is valid for one year from the date of approval for
good cause shown. The Planning Director may approve a one year extension upon written request
prior to expiration.
3. This project shall comply with the Zoning Ordinance Section 41, Performance Standards.
4. 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 of the adjacent public right-of-way, whenever possible.
5. Building colors shall be pre-approved at time of building permit submittal.
6. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the
site toward any residential use or public right-of-way.
7. All proposed signage shall be by separate application and subject to review and approval.
8. Trash enclosures shall be constructed to City Standards.
9. All construction activity is restricted to the following hours: 7AM to 7PM weekdays, 9AM to 7PM
Saturdays and no construction activity is allowed on Sundays or City holidays.
10. Design and landscaping plans for the patio shall be approved prior to building permit approval,
including specifications for an irrigation system.
11. Project must also receive approval for residential units existing in the Downtown category.
12. Site plan shall be prepared by California-registered Civil Engineer if civil work is required and
shall include license number and stamped plans (seal).
13. Identify and dimension all vacant areas adjacent to project.
14. Clearly identify project/property on location map.
15. Clearly identify and dimension easements and indicate if existing or proposed; ifnone, indicate so.
16. Provide and show proposed project lighting (i.e. building frontage, courtyard/alley entrance).
17. Dimension trash pad/enclosure.
18. Provide information on logistics of trash pick-up.
19. Water and sewer allocation agreement is required at building permit.
20. Applicant shall be required to obtain a City of Gilroy encroachment permit for all work in City
right of way (i.e. sidewalk, curb, gutter, driveway, roadway, alley, etc.).
21. When submitting for building permit, encroachment permit, etc., improvement plans shall include
a traffic control plan for activities performed within City right-of-way (including alleyways).
22. Traffic control plans shall be prepared in accordance with latest edition of the Manual on Uniform
Traffic Control Devices (MUTCD) 2003 Edition and MUTCD 2003 California (CA) Supplement.
23. Traffic control plan shall be prepared by a California-licensed Professional Engineer with
experience in preparing traffic control plans.
AS 07-23 2 9/5/07
24. Grading, Erosion Control, and Drainage plans are required and shall be subject to the review and
approval of the Engineering Division prior to building permit issuance.
25. Site preparation and fill construction shall be conducted under the observation of, and tested by, a
licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that
all site preparation and fill construction meets the requirements of the geotechnical investigation.
This shall be subject to review and approval by the Engineering Division.
26. The foundation design, based on soils tests, shall be reviewed and approved by the Community
Development Department.
27. All retaining walls shall be masonry and shall be a modular system, subject to the review and
approval of the Planning, Building, and Engineering Divisions.
28. A storm flow dissipater may be required, subject to the review and approval ofthe Engineering
Division.
29. Any work in the public right-of-way shall require a Traffic Control Plan prepared by a licensed
professional engineer with experience in Traffic Control preparation.
30. Infrastructure shall be in place prior to the issuance of building permit.
31. Replace and/or repair any damaged curb, gutter and sidewalk.
32. Water pressure reducing valve or backflow preventer may be required.
33. All previous Engineering Division review comments shall apply unless otherwise specified in
writing. Additional comments may be added at any time due to incomplete plans, plan changes
and mistakes, errors or omissions.
34. Condition: Building to be protected by a fire sprinkler system meeting NFPA 13, residential
areas may be protected by NFP A 13 R.
35. Condition: Fire Line, DDCA and fire riser shall not be visible from the front of the building and
shall be located inside a room with an exterior door within 10ft of the riser. The Fire Line cannot
travel under any building foundations and the Riser shall come up from under the foundation
within 18 inches of the perimeter wall.
36. Condition: A low profile brass finish, wall Fire Department Connection (FDC) which is to be
located on the Monterey Street side of the building.
37. Show the nearest Street Hydrant to the building.
38. Condition: One hour construction is required for buildings 3 or more stories.
39. Condition: A wet standpipe will be installed with the fire sprinkler system. Hose outlets shall be
provided on the second, third, fourth, and roof floors in the stairwell or hallway. Stairwell
landings may need to be sized to accommodate the riser and hose outlets.
40. Condition: Elevator shall provide minimum interior dimension of 80" x 65" and be side opening,
3500 lb elevator.
41. Condition: Stairs shall be one hour protected and shall have smoke/fire doors at each level.
42. Condition: The fire sprinkler system is required and is to be monitored by a central station. Each
floor and garage shall be provided with separate annunciation for water flow. All units shall have
a horn to sound upon waterflow. A separate plan and permit is required. Smoke detectors shall be
provided in the stair well and first floor cooridor, and each shall be supervised as separate signal
address.
43. Condition: Locked Stairwells, Commercial tenant spaces, Fire Sprinkler Riser Room, and
Electrical Rooms shall have an approved KNOX box installed to provide Fire Department key
access. All Locked gates shall be provided with KNOX access.
44. Condition: 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.
45. Building Division has attached "Pre-submittal" information.
AS 07-23 3 9/5/07
46. The trash enclosure shall be covered, provided with a compacter and sealed, or otherwise
constructed in some manner that trash is not visible, overflows the containment and/or odiferous to
either the users of the patio or the occupants of the rear apartments.
47. The store front framing of the doorway and windows, otherwise know as a commercial storefront
shall be framed in wood and not in any aluminum or frame of other materials.
48. Prior to building demolition the property owner will photograph and document the building's
history to standards acceptable by the Historic Heritage Committee. The City will be notified 10
days in advance of the start of demolition so that the Historic Consultant can observe and
photograph the demolition.
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2007-89 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 3Td day of December, 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 19th day of December, 2007.
(Seal)
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2007-89 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 3Td day of December, 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 19th day of December, 2007.
(Seal)