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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