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Resolution 2008-06 RESOLUTION NO. 2008-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S-PUD 07-34, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT TO CONSTRUCT TWO COMMERCIAL BUILDINGS, ON APPROXIMATELY 2.93 ACRES LOCATED AT 770 AND 776 FIRST STREET, APN. 808-12-011. WHEREAS, Glen Lorna Group submitted application A/S-PUD 07-34, requesting architectural and site approval of a Planned Unit Development to construct two commercial buildings on approximately 2.93 acres ("the Project"), at 770 and 776 First Street, APN. 808- 12-011; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), CEQA 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 January 3,2008, at which time the Planning Commission considered the public testimony, the staff report dated November 30, 2007 ("Staff Report"), and all other documentation related to application A/S- PUD 07-34, and recommended that the City Council approve said application; and WHEREAS, the City Council at its duly noticed meeting on January 22, 2008 continued this item to February 25, 2008 at which time the Council considered the public testimony, the Staff Report dated November 30,2007, the supplemental staff reports dated January 7,2008 and February 12,2008, and all other documentation related to application A/S-PUD 07-34; and WHEREAS, the City Council determined that the conditions of approval set forth in the Staff Report and recommended by the Planning Commission should be incorporated into the Project, along with a new condition relating to Emergency Vehicle Access and a condition -1- ILLEZOTTEI750651.2 022608-04706089 Resolution No. 2008-06 volunteered by the Applicant to maintain the common wall; 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 ofthe 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 for a Planned Unit Development and the new buildings are constructed to compliment the existing Phase I development. 2. This Project will fill a specific need of the surrounding area. This undeveloped lot will be developed with the same quality buildings as currently provided in Phase I of the development. 3. The Project does not require urban services beyond those that are currently available at the Project site. 4. The Project meets the requirements and intent of the Planned Unit Development ordinance and commercial proj ects in general. There are no exceptions being requested. 5. The Project is an economical and efficient use of the property because it is an infill development, completely surrounded by existing residential and commercial uses. 6. The Project exceeds minimum City requirements for landscaping and open -2- ILLEZOTTEI750651.2 022608-04706089 Resolution No. 2008-06 space. There is a generous front landscape area which will be landscaped in a manner similar to adjacent development. 7. The proposed project utilizes aesthetic design principles to create attractive buildings and open space areas and will be compatible with the character of the surrounding areas. The project compliments the existing retail/office already on the site developed in Phase I. 8. The Project will not create traffic congestion, noise, odor or other adverse effects on surrounding areas, as First Street is well designed for this type of traffic. 9. The Project provides appropriate access, parking, landscaping, trash areas and storage pursuant to City standards. B. Application NS-PUD 07-34 should be and hereby is approved subject to the conditions of approval set forth in the Staff Report dated November 30, 2007 and two additional conditions described above, set forth in Exhibit "A" attached hereto. PASSED AND ADOPTED this 3rd day of March, 2008 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, GARTMAN, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: P Dheiro, Mayor -3- ILLEZOTTE\750651.2 022608-04706089 Resolution No. 2008-06 City of Gilroy Community Development Department Planning Division 7351 Rosanna St. Gilroy, CA (408) 846-0440 Architectural & Site Review (PUD) November 30, 2007 FILE NUMBER: APPLICANT: LOCATION: AlS 07-34 PUD (07070040) Glen Lorna Group / Craig Felice (408-847-4224 x107) 770 and 776 First Street STAFF PLANNER: Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us REQUESTED ACTION: Architectural and Site Review PUD approval to construct a Walgreens store (14,469 square feet) and other retail building (6,105 square feet) east of Blockbuster Video at the corner of Wren Avenue and First Street. This completes the retail component on this stretch of First Street DESCRIPTION OF PROPERTY Parcel Number: Parcel Size: Flood Zone: 808-12-011 127,897 square feet (2.93 Acres) "X", Panel #060340 OOOID Revised: 8/17/98 STATUS OF PROPERTY: Existin2 Land Use Commercial General Plan Desi2nation General Services Zonin2 C3-PUD STATUS OF SURROUNDING PROPERTIES: Existin2 Land Use General Plan Desi2nation Zonin2 North: Commercial General Services C3 East: Mission Park Apts. High Density Residential R3 South: Oak Commons High Density Residential C3-PUD West: Office/Commercial General Services C3-PUD A/S 07-34 2 11/30/07 RELATED DOCUMENTATION: V 96-08 Planned Unit Development Architectural & Site Review approval of an Intero Real Estate office adjoining Blockbuster Video. Planned Unit Development Architectural and Site Review of a 6,000 square foot commercial building located at the southeast corner of Wren Avenue and First Street. Phase II was conditioned to be approved by Staff if it maintained a similar architectural style and the same footprint. Approval of a request to allow an increase in the maximum permitted sign area for Blockbuster Video. AlS 02-32-(PUD) AlS 96-19 (PUD) ENVIRONMENTAL IMPACTS: CATEGORICAL EXEMPTION: The California Environmental Quality Act (CEQA) provides a categorical exemption that applies to this request: Class 32, Section 15332; "In-Fill Development Projects. " CONFORMANCE WITH THE GENERAL PLAN The proposed project conforms to the land use designation on the General Plan map and is generally consistent with the intent of the General Plan document for commercial uses. ANALYSIS OF REQUEST: Architectural and Site Review approval to construct two buildings for a total of 20,574 square feet at the southeast corner of Wren Avenue and First Street, just east of Blockbuster Video. The architectural style of this building matches the existing Blockbuster Video and Intero architectural style and compliments the existing commercial centers along First Street. The exterior materials will consist of stucco walls with decorative aluminum accents, numerous windows with awnings and a wainscot-like treatment at the foundation line. The roof design is complex, and consists variously of hip roofs and parapets. The applicant is proposing several enhancements to provide architectural interest to the building, including arches, stucco-foam trim and alternating protruded and recessed fascia elements. Staff felt that the rear and loading dock sides of the building, facing residential uses, were too plain. The Applicant responded by creating facades that now have some architectural differentiation and color changes. The new construction meets the required 30 foot front yard setback along First Street and all other setback requirements. There are 135 parking spaces for all buildings (existing and new) which exceeds the zoning code requirement for retail uses of one space per 250 square feet of building area. There should be no parking impacts off-site. A/S 07-34 3 11/30/07 Findim!s: In order to approve a Planned Unit Development, Zoning Ordinance Section 50.55 requires the Planning Commission and City Council to find that the proposed Planned Unit Development will: A. Conform to the Gilroy General Plan in terms of general location and standards of development; This project conforms to the Gilroy General Plan in terms of general location and the standard of development requires that the new buildings will be constructed to compliment the existing Blockbuster Video and Intero offices. B. Provide the type of development which will fill a specific need of the surrounding area; This is a vacant commercial property surrounded by development. The undeveloped land needs a project of the same quality as the first phase. C. Not require urban services beyond those which are currently available; All urban services are currently in place on First Street. D. Provide a harmonious, integrated plan which justifies exceptions, if such are required, to the normal requirements of this ordinance; There are no exceptions proposed and the Applicant has worked with Staff to propose a quality development that is consistent with the constraints of the property and City standards and policies. E. Reflect an economical and efficient pattern of land uses; This project is an infill development in an area completely surrounded by existing residential and commercial uses. F. Include greater provisions for landscaping and open space than would generally be required; There is a generous front landscape area which will be landscape in a manner similar to Nob Hill across the street and Blockbuster Video to the west. G. Utilize aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas; The project has been reviewed to insure that it compliments the existing retail/office already on the site. H. Not create traffic congestion, noise, odor or other adverse effects on surrounding areas; and First Street is well designed to handle a project of this type. The project will not create anything but a normal commercial development that would be expected in this location. I. Provide adequate access, parking, landscaping, trash areas and storage, as necessary. The provision of these items have been reviewed and they meet the City's standards. RECOMMENDATION Staff recommends that the Planning Commission send a recommendation of APPROVAL to the City Council for this Architectural and Site Review pun request, subject to the following conditions: Plannin2 Division (William Faus 408-846-0440) These conditions are subject to the review and approval of the Planning Division. 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. A/S 07-34 4 11/30/07 2. This Architectural & Site Review application is valid for one year from the date of approval for good cause shown. The Planning Division Manager 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. 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 construction activity is restricted to the following hours: 7AM to 7PM weekdays, 9AM to 7PM Saturdays and City holidays, no construction activity is allowed on Sundays. 7. Building colors shall match existing and surrounding architectural elements. 8. 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 Landscaping Policy and the approved specific landscape plan. Communitv Services Department (contact Todd Barreras 408-846-0460. todd.barreras@ci.2i1rov.ca.us) These conditions are subject to the review and approval of the Community Services Department. 9. Street trees shall be required according to the City's Consolidated Landscape Policy. Contact the Community Services department for requirements on placement, species and maintenance. A street tree permit shall be obtained prior to obtaining a building permit. 10. Property will have a shopping cart locking system installed per Municipal Code. En2ineerim! Division (contact John Brice 408-846-0450. iohn.brice@ci.2i1rov.ca.us) These conditions are subject to the review and approval of the Engineering Division. 11. Provide sidewalk along project frontage; identify and dimension. 12. Maintain 4 feet minimum sidewalk clearance/path of travel from all street furniture; identify and dimension. 13. East project driveway: a 30-foot wide radius-design driveway will be acceptable (R = 10' - 15'). 14. Label all driveway radii. 15. Provide ADA access from sidewalk across driveways. 16. Show where existing streetlight will be relocated from middle of proposed driveway. 17. Provide detail for angled parking stall (i.e. angle, width, depth, etc.). A/S 07-34 5 11/30/07 18. Any damaged curb, gutter, sidewalk, and driveway approaches along project frontage shall be replaced with current City standards and conform to existing adjacent properties. 19. All services shall be underground. 20. Grade transition from streets to driveways shall not exceed 2 %. Other grade transitions shall not exceed 10 % or be such that 30 ft fire apparatus shall not bottom out. 21. 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. 22. 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. 23. The foundation design, based on soils tests, shall be reviewed and approved by the Community Development Department. 24. 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. 25. A sewer backflow preventer may be required, subject to the review and approval of the Engineering Division. 26. A storm flow dissipater may be required, subject to the review and approval of the Engineering Division. 27. 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. 28. Infrastructure shall be in place prior to the issuance of building permit. 29. Replace and/or repair any damaged curb, gutter and sidewalk. 30. All overhead utility facilities within newly constructed public streets shall be placed underground. 31. 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. 32. All commercial and industrial driveways shall be 35-foot wide minimum unless otherwise approved by the City Engineer. 33. Lot size and easements are to correspond with the tract map and need to be shown on the plan. 34. Any retaining wall in excess of 48 inches tall (from the bottom of the footing to the top of the wall or supporting a surcharge) will need to have a building permit and engineering calculations (submitted to the Building Department). 35. Water pressure reducing valve or backflow preventer may be required. 36. All previous Engineering Division review comments shall apply unless otherwise specified in writing. NS 07-34 6 11/30107 37. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes, errors or omISSIons. 38. Relocation of the parcel line requires a lot line adjustment. Fire Marshal (contact.T. Bretschneider at 846-0430. .TacQueline.bretschneider(@ci.2i1rov.ca.us) These conditions are subject to the review and approval of the Deputy Fire Marshall. 39. Buildings shall have a fire sprinkler system installed. Fire sprinkler systems shall meet NFPA 13 and are subject to review and approval by Fire Prevention. Fire Sprinkler systems shall have a design density of 0.18/3,000 gpm/square Foot. 40. Fire Alarm systems at a minimum shall provide waterflow monitoring for each floor level, a tamper switch at the DDC and PIV (if one is present), a pull station and smoke detector at the riser location. A separate permit is required for the Fire Alarm System. Other fire alarm system components will be added pursuant to the Fire and Building Code for the occupancy classification of the building. 41. Private Fire Water Supply shall consist of an aboveground DDC with integrated FDC at the property line, near a driveway, is the preferred arrangement. Other configurations are subject to approval by the Fire Marshal. 42. A street / public hydrant shall be within 50 feet of the FDC unless otherwise approved. 43. Each building shall have its own FDC and for multiple building projects a DDC for each building is recommended 44. All buildings and uses shall have fire engine access within 150 feet of any portion of the building or use. Roads shall provide an inside turn radius of32' and and outside radius of39'. 45. The following standards shall apply to lighting, address identification and parking areas: a. The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than six (6) inches in height and be of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway or parking lot shall also display the same numbers on the rear of the building. b. All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one footcandle of light. All exterior bulbs shall be protected by weather-and vandalism-resistant cover(s). c. Open parking lots, and access thereto, providing more than ten (10) parking spaces and for use by the general public, shall be provided with a maintained minimum of one foot-candle of light on the parking surface from dusk until the termination of business every operating day. d. Only one street address number per building shall be used. All suites shall be identified with a 3 digit number, with the first number the same and the floor level of the unit. 46. Buildings to support adequate public safety radio coverage. Any building or structure with over ten thousand (10,000) square feet, which fails to support adequate radio coverage for the city's public safety communication systems, shall include an amplification system to provide for voice and data communications for police and fire division personnel. A/S 07-34 7 11/30/07 47. 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. Industrial Waste/Pretreatment: 48. All new commercial and 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. 49. 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. See Chemical Control Grease Interceptor Policy Documents for sizing and type. PD Nei2hborhood Services (contact Kurt Ashlev at 846-0310. kurt.ashlev@ci.2i1rov.ca.us) These conditions are subject to the review and approval of the Police Department. 50. Comply with all building security requirements as set forth in Gilroy Municipal Code Section 6.13 through 6.34. 51. Video surveillance cameras will be placed on all four sides of the Walgreens building. Two additional video surveillance units will be placed to the rear of the building, viewing the entrance and exit for the drive- through window. All video cameras will be operations and video will be retrievable. 52. Boundary wall on the south and eastern project boundary will be landscaped with a climbing vine to mitigate graffiti impacts and require owner/manager to remove graffiti within 24 hours. 53. Security lighting will be reviewed at time of Building Permit submittal. 54. Adequate security lighting will be provided on south side of building. 55. Provide video surveillance of parking areas. 56. The ancillary building will be allowed to stay as currently designed and the previous conditions are removed. Buildine:. Life and Environmental Safety (contact Alan Low at 846-0430) These conditions are subject to the review and approval of the BLES Division. 57. BLES has attached Important Information dated August 23,2007. Respectfully, William Faus Planning Division Manager bfaus@ci.gilroy.ca.us I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2008-06 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 3rd day of March, 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 13th day of March, 2008. a Freels, C Clerk of the City of Gilroy (Seal)