Resolution 2008-04
RESOLUTION NO. 2008-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S 07-46, AN APPLICATION FOR
DEMOLITION OF AN UNREINFORCED MASONRY
BUILDING AND ARCHITECTURAL AND SITE APPROVAL
FOR A SIMILAR ARCHITECTURALLY STYLED BUILDING
IN THE DOWNTOWN HISTORIC DISTRICT (DHD-HN), ON
APPROXIMATELY 0.06 ACRES LOCATED AT 7511
MONTEREY STREET, NORTH OF THE FIFTH STREET
INTERSECTION, APN 799-06-054.
WHEREAS, Joseph and Dorothy Rizzuto submitted application A/S 07-46, requesting
demolition of an Unreinforced Masonry (URM) building and architectural and site approval for a
new building of similar size, height, materials and architectural style, on approximately 0.06
acres ("the Project"), located in the Downtown Historic District at 7511 Monterey Street, north
of the Fifth Street intersection, APN 799-06-054; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), CEQA
Guidelines Section 15332 ("CEQA"), 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 January 3, 2008,
at which time the Planning Commission considered the public testimony, the staff report dated
December 21,2007 ("Staff Report"), and all other documentation related to application A/S 07-
46, and recommended that the City Council approve said application; and
WHEREAS, the City Council at its duly noticed meeting on January 7,2008 considered
the public testimony, the Staff Report, the supplemental staff report dated January 7, 2008, and
all other documentation related to application A/S 07-46; and
WHEREAS, the City Council determined that the conditions of approval set forth in the
Staff Report and an additional condition requiring research of the building's history and photo
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documentation prior to demolition as recommended by the Planning Commission, as well as an
additional condition added by the City Council, all as noted in the attached conditions of
approval, should be incorporated into the Project; and
WHEREAS, Section 27.50 of the Zoning Code reqUIres that all applications for
demolition of a building in an Historic Neighborhood Combining District (HN) be reviewed by
the Historic Heritage Committee, which recommended approval of the Project with two
additional conditions, one of which the Council included in the Project conditions (See condition
one); and
WHEREAS, the Project lies within the old Downtown Parking District; however the
building's size will not increase because of this reconstruction and is therefore exempt from
providing additional parking or requiring a parking waiver; 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 as required by Zoning
Ordinance Section 27.51 based upon substantial evidence in the entire record as summarized
below:
1. Demolition of the 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 the structure as having any significant architectural
features although it does recognize that the structure helps to define the commercial
aesthetic of the downtown. The Project will reconstruct as nearly identical as possible a
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Resolution No. 2008-04
new building which will not detract or change the existing commercial fabric of the
downtown.
2. The structure proposed for demolition is obviously not restorable. This
structure is an URM building, which is extremely expensive to attempt to restore and to
make safe. The architectural quality of the existing structure does not warrant the
significant expense of attempted restoration.
B. Application A/S 07-46 should be and hereby is approved subject to the conditions
of approval set forth in Exhibit "A" attached hereto and entitled "CONDITIONS: A/S 07-46".
PASSED AND ADOPTED this 4th day of February, 2008, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, GARTMAN,
TUCKER, and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS: WOODWARD
APPROVED:
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Resolution No. 2008-04
Exhibit A
AS 07-46 Dorothy and Joseph Rizzuto
1. Prior to demolition the Applicant shall hire a qualified historic consultant acceptable to the
Planning Division Manager to research and document the building's history and to photograph and
create measured drawings of the existing building.
2. All window and door fenestration framing shall be wood or wood veneer, or aluminum to match
the framing in the original structure, to the satisfaction ofthe Planning Manager.
3. 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.
4. This Architectural & Site Review approval is valid for one year from the date of its approval. For
good cause shown, the Planning Manager may approve a one year extension upon written request
filed prior to the approval's expiration date.
5. This project shall comply with the Zoning Ordinance Section 41, Performance Standards.
6. 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.
7. Building colors shall be pre-approved at time of building permit submittal.
8. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the
site toward any residential use or public right-of-way.
9. All proposed signage shall be by separate application and subject to review and approval.
10. All construction activity is restricted to the following hours: 7 AM to 7PM weekdays, 9AM to 7PM
Saturdays and no construction activity is allowed on Sundays or City holidays.
11. Any damaged curb, gutter, sidewalk, etc. along project frontage shall be replaced with current
Downtown Streetscape standards and conform to existing adjacent properties.
12. Water and sewer allocation agreement is required at building permit.
13. Services shall be underground.
14. Transformers, switches, and splice boxes shall be underground.
15. Applicant shall be required to obtain a City of Gilroy encroachment permit for all work (i.e.
sidewalk, curb, gutter, driveway, roadway, alley, etc.) in City right of way, including alleys.
16. 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.
17. Traffic control plans shall be prepared in accordance with latest edition ofthe California Manual
on Uniform Traffic Control Devices (CA MUTCD).
18. Traffic control plan shall be prepared by a California-licensed Professional Engineer with
experience in preparing traffic control plans.
19. Traffic control plan shall be designed to address specific site/project conditions.
20. 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.
21. 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.
22. The foundation design, based on soils tests, shall be reviewed and approved by the Community
Development Department.
Exhibit A AS 07-46
2
1/22/2008
23. 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.
24. A storm flow dissipater may be required, subj ect to the review and approval of the Engineering
Division.
25. 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.
26. Infrastructure shall be in place prior to the issuance of building permit.
27. Replace and/or repair any damaged curb, gutter and sidewalk.
28. Water pressure reducing valve or backflow preventer may be required.
29. 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.
30. Building to be protected by a fire sprinkler system meeting NFP A 13, residential areas may be
protected by NFP A 13 R.
31. 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.
32. A low profile brass finish, wall Fire Department Connection (FDC) which is to be located on the
Monterey Street side of the building.
33. Show the nearest Street Hydrant to the building.
34. One hour construction is required for buildings 3 or more stories.
35. 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.
36. Elevator shall provide minimum interior dimension of 80" x 65" and be side opening, 3500 lb
elevator .
37. 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.
38. Building Division has attached "Pre-submittal" information dated 12/6/2007.
Exhibit A AS 07-46
3
1/2212008
Date:
12-6-2007
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:
1. CONDITIONS FOR SITE AND BUILDING PERMIT
In order to review, please provide the following:
. Roof Drains/Rainwater Leaders to be hard piped to storm drain system unless
otherwise approved in writing.
. Grading, Drainage and Erosion Control require a separate plan and permit.
. Detached Trash Enclosures require a separate plan and permit.
. Fire Sprinklers, Alarms and Hydrants require separate plans and permit.
. Generators require a separate plan and permit.
. Signs require a separate plan and permit.
. Movable Cases, Counters, Storage Racks and Partitions over 5' Foot 9" inches
require separate plans and permit.
. Fence, Columns, Gates &. Electric Control Devices require separate plan and permit.
2. DESIGN PROFESSIONAL - This project will require a State of California registered design
professional to design, stamp and wet sign the construction plans.
Provide a statement on the coversheet of the building plan review submittal plans
stating the following:
a. "I hereby acknowledge that my building plan review submittal documents are in
conformance with the Arch and Site approval. 1 understand that if my submittal is
different from my Arch and Site approval, it will take longer to review my building plan
review and additional fees may apply."
b. Provide a signature of the architect of record agreeing to the statement
Deferred submittals and Special inspection requirements shall be located on the
Title Page of the plans. In order to review, please provide the following:
Integrate Design Elements:
. Provide proper Occupancy type, occupancies types for this structure are M, S &.
B
Please revise.
. Show Location/Installation of Fire Riser.
. Show Location and Types of Construction/Occupancy of Existing Buildings on
either side of this proposed structure.
. Provide Accessible water closet at second floor office. CPC 2902.3 and CBC
Chapter 11-A.
Exhibit A AS 07-46
4
112212008
. Distance between structures.
. Construction of exterior walls, openings and setbacks shall comply with 2001 CBC
Chapter 5 and Table 5-A.
. Show slope and grade with a minimum 2% slope away from the proposed building for a
minimum of 5 feet.
. Locate all utilities on site plan with underground locations per City of Gilroy Engineer.
. Provide Class 'A' fire retardant roofing.
. Fire Protection Class: 4.
. Seismic Zone: 4.
. Storm Water Roof Drainage: 1.5 inches/hour.
. Wind Speed: 70.
. Wind Exposure: C (If using "B" calculations must be justified).
. Sound Transmission Control shall be provided per 2001 CBC Appendix Chapter 12.
3. 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. Put the version used for the design on
the plans. All work shall conform to Local Ordinances, Resolutions, Policies &. the
following:
. 2001 California Building Code.
. 2001 California Fire Code.
. 2004 California Electrical Code.
. 2001 California Mechanical Code.
. 2001 California Plumbing Code.
. 2005 California Energy Code.
4. FIRE PROTECTION - Fire Sprinkler Systems:
Regardless of area or occupancy separation walls, an automatic fire sprinkler system shall be required for the
following:
. Any new commercial, industrial, or residential building 1,000 square feet or greater.
. Additions to existing buildings: this section shall apply to all existing Buildings if the
entire building area, including the addition exceeds the area permitted by the current
Building Code or this section, then the entire building shall be sprinklered.
. Exception: Additions of less than 1000 square feet (either one time or cumulative after the adoption of this
ordinance, need not be sprinklered unless otherwise required.
5. PLAN SUBMITTAL. SITE WORK, DEMOLITION AND CONSTRUCTION - Prior to new
or remodel olan aoorovals. A separate site plan must be submitted for approval
containing the following items:
. Protection of Pedestrians during Construction or Demolition.
. Temporary Blockage of Streets, Sidewalks & Alleys requires written approval of the
City of Gilroy Engineer.
. Protection of Utilities.
. Walkways.
. Pedestrian Protection, Railings, Fences and Canopies.
Exhibit A AS 07-46 5 112212008
. Maintenance and Removal of Protective Devices.
DEMOLITION-Demolition permits will be issued in accordance Local Ordinances,
Resolutions & Policies.
Prior to permit issuance: Submit a plot plan clearly showing the location and the
portion of building or the buildings to be demolished, a complete application for Demolition,
a Bay Area Air Quality Management District "J" number, and obtain approval from the
Building Official for the scope of work. The forms necessary are available at the Building
Counter.
Anv BuildinG over 50 years old may also require Historic Heritage Committee
approval prior to demolition. Check with the Planning Division for any additional
requirements.
. Priorto demolition permit issuance a letter of Utilities Disconnect from PG&E must be
submitted to the Building Department.
. Priorto demolition, a pre-site inspection is required by the Building Department to verify
the utilities, water and sewer lines have been capped-off within (5) five foot of the
property line.
. Priorto demolition a site plan shall be submitted to the Building Department showing the
location of any water pumps, wells, septic tanks, leech lines or structures on site.
SUBMITTIALS
. New Commercial & Industrial 5 sets of plans, 2 of the 5 wet stamped and signed for all
submittals except the first.
. Tenant Improvements 4 sets of plans, 2 of the 4 wet stamped and signed for all
submittals except the first.
. Energy and Structural Calculations 2 sets, wet stamped and signed.
. Soils reports 2 sets, wet stamped and signed.
. Trusses 2 sets, wet stamped and signed.
. Environmental Health 2 sets of plans wet stamped, signed with Environmental Health
Dept. approvals.
As-Built Plans
Commercial, Industrial and Dwellings three (3) or more stories in height, Townhouses
and Condo Projects must be submitted in digital format before Certificate of Occupancy.
6. SOILS REPORT - A soils report shall be submitted containing design recommendations for footings,
retaining walls, and make provisions for anticipated differential settlement.
7. FEMA- This project may be in a flood zone and must meet the City of Gilroy "Floodplain Management
Ordinance" #98-16.
8. 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.
Exhibit A AS 07-46 6 1/22/2008
9. 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.
10. SPECIAL INSPECTIONS - In addition to the inspections by CBC Sec. 108, the owner or
the engineer or architect of record acting as the owner's agent shall employ one or more
special inspectors who shall provide special inspections when required by CBC section 1701.
Please contact the Building Division at the time of plan submittal to obtain an
application for special inspections.
11. STRUCTURAL CALCULATIONS - Provide Structural Calculations verifying compliance
with all applicable provisions of the adopted State Codes. 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.
12. 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.
13. NOTICE OF EXCAVATION- Prior to excavation, adjoining landowners shall be given notice
of the date, location, and extent of the excavation in conformity with Section 832 of the Civil
Code and copies shall be provided to the Building Official prior to the issuance of the grading
permit.
14. EROSION CONTROL - The applicant shall submit an Interim Erosion and Sediment Control Plan.
This can be incorporated on the Grading Plan.
15. DUST AND MUD CONTROL MEASURES.
Contractors performing grading operations within the City where dry conditions are encountered shall
adequately control dust or mud from spreading off-site or into existing structures on-site. Prior to
commencement of the grading operations, contractor shall furnish details of proposed dust or mud
control measures to the Building Official for approval. Failure to control dust or mud from
grading operations shall result in suspension of grading operations until adequate measures are
in place to allow continuance.
16. T-24 ACCESSIBILITY- The developer shall comply with all applicable provisions of
Chapter 11 of the California Building Code (Title 24) for Disabled Access.
. Provide compliance with the following CBC Chapter 11 code sections 1103B, 1105B,
1110B, 1114B1.1 and 1107B.
. Provide disabled signage.
Exhibit A AS 07-46 7 112212008
. All entrances and exterior ground-floor exit doors to buildings shall be made accessible to
persons with disabilities.
. Any walking surfaces with a slope greater than 1:20 will be considered a ramp and
designed as such.
17. BUILDING SECURITY - Provide details to show how the conditions of the Building Security
Ordinance # 85-17 will be met.
Provide address signage at the front and rear of the Commercial Buildings for identification.
. The numerals shall be at least 4 inches in height and shall be of contrasting color to the
background to which they are attached.
. The numerals and a light source shall be contained within a single weather resistant
fixture located in a prominent location on the street side of the structure in such a
position that the number is easily visible to approaching emergency vehicles.
Frames, Jambs, Strikes:
. Doorjambs shall have solid backing with no voids between the strike side of the jamb and
the frame opening for a vertical distance of 6 inches.
. In wood framing, horizontal blocking shall be placed between studs at door lock height
for 3 stud spaces at each side of the door opening.
. Door stops on wooden jambs for in-swinging doors shall be of one-piece construction
with the jamb.
Louvered windows:
. Shall not be used when portion of the window is 12 feet vertically or 6 feet horizontally
from an accessible surface or any adjoining roof, balcony, landing, stair tread, platform or
similar structure.
. All garage-type wood doors-rolling overhead, solid overhead, swing, sliding, or
accordion-shall have panels a minimum 5/16 inch thick with the locking hardware being
attached to the supporting framing.
All exterior swinging doors shall have the following:
. All wood doors shall be solid-core construction with a minimum thickness of 1-3/4 inch or
with panels not less than 9/16 inches thick.
. Doors shall be equipped with a single cylinder dead bolt lock. The bolt shall have a
minimum projection of 1 inch and be constructed to repel cutting attack. The deadbolt
shall have a minimum embedment of 3/4-inches into the strike. The cylinder shall have a
cylinder guard, a minimum of 5 pin tumblers, and shall be connected to the inner portion
of the lock by connecting screws of at least 1/4-inch diameter.
. The inactive leaf of double doors shall be equipped with metal flush bolts having a
minimum embedment of 5/8 inch into the head and threshold of the door frame.
Exhibit A AS 07-46 8
Refer to the City Ordinance 85-17 for other provisions that are not on this list.
1/2212008
18. ADDRESS - Provide proper address and Assessors Parcel Number on each page of plans prior to submission of
plans for initial building plan check for proposed project.
19. CONSTRUCTION RESTRICTIONS -All construction shall be restricted to the following hours:
. Weekdays (Monday thru Friday) 7:00 am to 7:00 pm
. Saturdays 9:00 am to 7:00 pm
. Sundays and City Holidays No Construction Activity Allowed.
20. 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.
21. NOTE: This is not a plan review approval.
When building permit application is made, additional comments may be added due to
incomplete plans, plan changes from this Architecture and Site application, mistakes, errors
or omissions.
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2008-04 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 4th day of February, 2008, 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 8th day of February, 2008.
(Seal)