Resolution No. 2015-21 | Architectural and Site Review (AS 14-26) Modification of two URM Buildings in Downtown Historic District | Adopted 05/07/2015RESOLUTION NO. 2015 - 21
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY RECOMMENDING APPROVAL OF
ARCHITECTURAL & SITE REVIEW APPLICATION 14-26, FOR THE MODIFICATION
OF TWO URM BUILDINGS LOCATED WITHIN THE DOWNTOWN HISTORIC
DISTRICT, APN 799-06-069, REED LERNER, APPLICANT
WHEREAS, Reed Lerner, submitted an application requesting Architectural &
Site Review for the modification of 2 URM buildings and associated improvements; and
WHEREAS, the subject property is located within the Downtown Historic District
at 7525 and 7517 Monterey Street; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
Architectural & Site Review application AS 14-26 in accordance with the Gilroy Zoning
Ordinance, and other applicable standards and regulations; and
WHEREAS, said Architectural & Site Review application was referred to the
Technical Advisory Committee for recommendations; and
WHEREAS, on April 22, 2015 said Architectural & Site Review application was
referred to and considered by the Historical Heritage Committee (HHC) for a
recommendation to the Planning Commission; and
WHEREAS, on April 22, 2015 the HHC made a recommendation of approval on
a 4-0 vote to the Planning Commission; and
WHEREAS, the Planning Commission finds the Architectural & Site Review
application conforms to the City's General Plan and elements thereof; and
WHEREAS, no further environmental analysis is required by the California
Environmental Quality Act; and
WHEREAS, the Planning Commission finds, after due study, deliberation and
public hearing, the following circumstances exist:
A. The development/use is permitted is in conformance with the Gilroy
Zoning Ordinance and other adopted policies of the City of Gilroy.
B. The development/use would be consistent with all applicable goals and
policies of the Gilroy General Plan and Downtown Specific Plan.
C. The development/use would not impair the integrity and character of the
area surrounding and in the vicinity of the subject property.
D. The subject site is served by streets and highways adequate in width and
structure to carry the kind and quantity of traffic such use will generate.
E. The subject site would be provided with adequate sewerage, water, fire
protection and storm drainage facilities.
WHEREAS, the Planning Commission finds that the applicant agrees with the
necessity of and accepts all elements, requirements, and conditions of this resolution as
being a reasonable manner of preserving, protecting, providing for, and fostering the
health, safety, and welfare of the citizenry in general and the persons who work, visit or
live in this subdivision in particular.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Gilroy hereby recommends to the City council the approval of the Architectural &
Site Review application, subject to the following conditions:
PLANNING DIVISION STANDARD CONDITITIONS
This permit is granted for the property described in the application on file with the
Planning Division, and may not be transferred from one property to another,
unless a request is requested and granted by the Planning Manager, pursuant to
the City Code.
2. This permit is granted for approved plans ("the plans") on file with the Planning
Division. The project shall conform to the plans, except as otherwise specified in
these conditions. Any subsequent modification or deviation to the approved plans
shall be considered by the Planning Manager, may require separate discretionary
approval and shall conform to City Code requirements or policies adopted by City
Council.
3. Developer means permit applicant, property owner, and/or tenants using the
space(s) for the intended use(s). Compliance with project conditions is expected
for the life of the project.
4. This approval shall be deemed automatically revoked if the requested
development described herein is not established within one (1) year of the date
of determination, unless an extension of time has been granted prior to such
automatic revocation.
5. Should Developer intend to request an extension to the permit expiration date,
Developer must submit to the Planning Division a written application with
applicable fees prior to the expiration date. Only timely requests may be
considered pursuant to the City Code.
Failure to appeal this decision in a timely manner or commencement of any
activity related to the project is understood to clarify the Developer's acceptance
of all conditions and obligations imposed by this permit and waiving any
challenge to the validity of the conditions and obligations stated therein.
Developer agrees, as a condition of adoption of this resolution, at Developer's
own expense, to defend, indemnify, and hold harmless the City of Gilroy and its
officers, contractors, consultants, attorneys, employees and agents from any and
all claim(s), action(s) or proceeding(s) brought against City or its officers,
contractors, consultants, attorneys, employees, or agents to challenge, attack,
set aside, void or annul the approval of this resolution or any condition attached
thereto or any proceedings, acts or determinations taken, including actions taken
under the California Environmental Quality Act of 1970, as amended, done or
made prior to the approval of such resolution that were part of the approval
process.
8. Developer shall complete the "Notice of Land Use Restrictions and Conditions"
form, using the form provided by the City, for recording with the Santa Clara
County Recorder. Before the City issues building permits, Developer shall submit
the original completed, signed and notarized document to the Planning Manager.
9. If Developer, owner or tenant fails to comply with any of the conditions of this
permit, the Developer, owner or tenant shall be subject to permit revocation
pursuant to the City Code.
10.Applicant shall design and install landscaping and irrigation plans in accordance
with the adopted Consolidated Landscaping Policy and the Landscaping
Requirements of the City Code (Chapter 30, Section 38).
11.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 Director. All trash
enclosures shall be located in accordance with the approved site plan and the
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.
Should a common trash and recycling enclosure be constructed for the subject
and neighboring buildings, and should the subject building owners have an
agreement to use such common enclosure, then the Planning Manager my,
through an administrative modification of this application, approve the deletion of
the on -site trash and recycling enclosure from the project site, subject to the
Planning Manager's discretion.
12. No unobstructed beam of exterior lighting shall be directed outward from the site
toward any residential use or public right-of-way, except for the lighting under the
Monterey Street awnings and the low -wattage accent lighting shown on the two
story building. Any other lighting directed towards the public right of way must
specifically be approved by the Planning Manager. Prior to the issuance of
building permits, the applicant shall demonstrate that any alcove or recessed
entry has at a minimum of 5.0 foot candles.
13. No outdoor storage is permitted on -site.
14.Any exterior backflow devices shall be painted to blend with their surroundings,
and may be required to be landscaped or screened, subject to the discretion of
the Planning Manager at the building permit stage.
15. Signage will be processed separately for the subject permit and will require a
separate permit from Planning. However, the proposed display case on the north
side of the one-story building is expected to include future signage for the
building tenants, and the display case itself is approved as part of this permit and
can be installed through the building permit associated with this approval. Prior
to issuance of the building permit, the applicant shall identify materials,
dimensions, colors, and other details of the display case, approval of which will
be subject to the discretion of the Planning Manager. The display case and all
signage must comply with applicable building and accessibility codes.
16. Along the north property line near the Gourmet Alley frontage, the black metal
fence shall be 3 feet in height (not 4 feet, as shown on the plans) and shall
include a decorative cap or other adornment to enhance the aesthetic, subject to
the discretion of the Planning Manager and prior to issuance of the building
permit.
17. An alternative tree species shall be selected for the two trees proposed at the
rear of the site. The tree species shall provide greater canopy spread and shade
than the Crepe Myrtle tree, or the applicant shall demonstrate that the variety of
Crepe Myrtle selected will provide adequate vertical pedestrian clearance and
sufficient shade benefits, subject to the discretion of the Planning Manager.
Minimum tree size at time of installation shall be 15-gallon.
18. Framing of the windows and doorway on the one-story storefront shall be wood.
ENGINEERING CONDITITIONS
19. FEES. The developer shall pay all city and other related fees that the property is
subject to. These fees shall be based on the current comprehensive fee schedule
in effect at the time of fee payment, consistent with city policy.
20. WORKING HOURS. Construction activity shall be restricted to the period
between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to
7:00 p.m. unless otherwise approved in writing by the City Engineer for general
construction activity. No work shall be done on Sundays and City Holidays. The
City Engineer will apply additional construction period restrictions, as necessary,
to accommodate standard commute traffic along arterial roadways and along
school commute routes.
21.ACCEPTANCE OF IMPROVEMENTS. Until such time as the Improvements are
accepted by the City, the Developer shall be responsible for and bear the risk of
loss to any of the Improvements constructed or installed. Until such time as
individual improvements are fully completed and accepted by the City, the
Developer will be responsible for the care, maintenance of, and any damage to
such Improvements. The City shall not, nor shall any officer or employee thereof,
be liable or responsible for any accident, loss or damage, regardless of cause,
happening or occurring to the work or Improvements specified prior to the
completion and acceptance of the work or Improvements. All such risks shall be
the responsibility of and are hereby assumed by the Developer.
22.START OF CONSTRUCTION. The City shall be notified at least two (2) working
days prior to the start of any construction work and at that time the contractor
shall provide a project schedule and a 24-hour emergency telephone number list.
23. ENCROACHMENT PERMIT. The developer shall be required to obtain a City of
Gilroy encroachment permit for all work (i.e. sidewalk, curb, gutter, driveway,
roadway, alley, etc.) in the City right of way.
24. UTILITIES. No utility boxes are allowed to be constructed in the sidewalk without
prior written approval by the City Engineer.
25. PRIVATE UTILITIES. Storm and sewer lines in private areas shall be privately
maintained unless approved by the City Engineer in writing.
26. NOTICING. At least one week prior to commencement of work, the developer
shall post the site and mail to owners of property within (300') three hundred feet
of the exterior boundary of the project site, to the homeowner associations of
nearby residential projects and to the Engineering Department, a notice that
construction work will commence on or around the stated date. The notice shall
include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall be included.
The list shall be current at all times and shall consist of persons with authority to
initiate corrective action in their area of responsibility. The names of individuals
responsible for dust, noise and litter control shall be expressly identified in the
notice. This condition may be modified or deleted as determined by the Director
of Public Works at the encroachment permit.
27. FENCING. The developer shall provide security fencing, to the satisfaction of the
City Engineer around the site during construction of the project.
28. GENERAL. All public improvements shall be made according to the latest
adopted City Standard Drawings and the City Standard Specifications. All work
shall conform to the applicable City ordinances. The adjacent public right-of-way
shall be kept clear of all job related dirt and debris at the end of the day. Dirt and
debris shall not be washed into storm drainage facilities. The storing of goods
and materials on the sidewalk and/or the street will not be allowed unless a
special permit is issued. The developer's representative in charge shall be at the
job site during all working hours. Failure to maintain the public right-of-way
according to this condition may result in the City performing the required
maintenance at the developer's expense.
29. DUST CONTROL. All public streets soiled or littered due to this construction
activity shall be cleaned and swept on a daily basis during the workweek to the
satisfaction of the City. Demolition or earthwork activities shall be halted when
wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand,
or other loose debris shall be covered.
30. SILT AND MUD. It is the responsibility of contractor and property owner to make
sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis.
Mud, silt, concrete and other construction debris shall not be washed into the
City's storm drains.
31. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or
replace all existing improvements not designated for removal that are damaged
or removed because of developer's operations. Improvements such as, but not
limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised
pavement markers, thermoplastic pavement markings, etc. shall be repaired and
replaced to a condition equal to or better than the original condition. Existing
improvement to be repaired or replaced shall be at the direction of the
Engineering Construction Inspector, and shall comply with all Title 24 Disabled
Access provisions. Developer shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing
conditions.
32. SIDEWALK REPAIR. The developer shall repair and replace to existing City
standards any sidewalk damaged now or during construction of this project.
Sidewalk repair shall match existing color, texture and design, and shall be
constructed per City Standard Details. The limits of sidewalk repair will be
determined by the Engineering Construction Inspector during the construction
phase of the project.
33. CURB AND GUTTER. The developer shall repair and replace to existing City
standards any curb and gutter damaged now or during construction of this
project. New curb and gutter shall be constructed per City Standard Details. The
limits of curb and gutter repair will be determined by the Engineering
Construction Inspector during the construction phase of the project.
34. WATER SEWER ALLOCATION: A signed and recorded water sewer allocation
may be required depending on the use of each commercial suite. At the time of
building issuance the applicant shall provide projected use for water and sewage
to the Engineering Department for review and approval.
FIRE CONDITIONS
35.The applicant shall ensure that the buildings have a fire sprinkler system
installed. The system shall meet NFPA 13 for commercial and 13R for
residential areas. The design is subject to review and approval by Fire
Prevention. Fire Flow shall be annunciated with horns in dwelling unit. A
supervised smoke detector and emergency lighting shall be provided in the stair
well to the 2"d floor residential units. Prior to final the applicant shall schedule
and inspection with the Fire Department.
36. For buildings in the Downtown Specific Plan area and the Fire system back flow
(DDCA) shall be interior or in an approved enclosure if on the back of the
building. The location is subject to review and approval by the Fire Department.
The applicant shall ensure that a brass, low profile wall FDC shall be provided on
the main street side of the building.
37.The applicant shall ensure that all windows on bedrooms meet the current code
for rescue window dimensions.
POLICE CONDITIONS
38.The applicant shall ensure that PD Knox box is installed for apartments on the
second story. Prior to final of building permits the applicant shall have PD Knox
Boxes installed subject to the review of the Police Department.
39. Prior to issuance of building permits, that applicant shall demonstrate that rear
ground floor windows have security lamination to avoid breakage.
40. The applicant shall ensure that 2Id floor walls and window must have sound
deadening measures installed on the Monterey Street side.
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 7th day of May, 2015, by the following vote:
YES: (Sanford, Rodriguez, Gullen, Kloecker, Fischer)
NO:
ABSTAIN: (Ashford)
ABSENT: (Lai)
ATTEST: APPROVED:
Susan L. Martin, Secretary
s
Richard Gullen, Chairperson