Resolution No. 2019-04 | Architectural and Site Review (AS 18-27) for Speculative Industrial Building at 8885 Forest St | Adopted 04/04/2019RESOLUTION NO. 2019-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING ARCHITECTURAL AND SITE REVIEW AS18-27 FOR
CONSTRUCTION OF A 11,769 SPECULATIVE INDUSTRIAL BUILDING AT
8885 FOREST STREET (APN: 835-31-026), FILED BY JAMES VERGARA.
WHEREAS, on October 16, 2018, James Vergara submitted an application
requesting architectural and site review a one-story speculative industrial building on a
0.93 acres vacant in -fill site located within the M1 Limited Industrial, Murray -Las Animas
Avenue Overlay Combining zoning district (APN: 835-31-026); and
WHEREAS, on February 4, 2019, the application resubmittal was submitted and
accepted as complete for processing on March 6, 2018; and
WHEREAS, the project has been determined to be exempt from environmental
review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section
15332 (Class 32) which applies to urban in -fill development on sites less than five acres,
served by existing facilities and utilities, consistent with the general plan and zoning, and
that have no other environmental concerns; and
WHEREAS, the project plans have been referred to various city departments,
including the Technical Advisory Committee, for recommendations and plan revisions or
conditions have been incorporated into the project to ensure compliance with City
standards; and
WHEREAS, on April 4, 2019, at a duly noticed public hearing the planning
commission of the city of Gilroy considered the project environmental determination in
accordance with the Gilroy Zoning Ordinance and applicable Industrial and Murray Avenue
design policies; and
WHEREAS, the planning commission of the city of Gilroy has considered the project
staff report dated April 4, 2019 along with testimony received at the duly -noticed public
hearing and other materials; and
WHEREAS, the Planning Commission finds that the application conforms to the
City's General Plan Industrial Park land use designation which anticipated industrial
development of the site, and all applicable elements and policies thereof, and all applicable
requirements of the Gilroy City Code including the M1 zoning site and building standards
and the requirements of Gilroy City Code Section 30.50.43 (Scope of Review) for
architectural and site review permit approval, as follows:
i) The project conforms to the Gilroy General Plan in terms of general
location and standards of development given that the site is designated
Industrial Park and Zoned M1 which is intended for industrial land uses.
The project would comply with all applicable policies as noted in the
General Plan consistency table and standards as noted in the zoning
AS 18-27
Resolution No. 2019-04
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compliance analysis in staffs report.
ii) The project provides the type of development that will fill a specific need of
the surrounding area given that the speculative industrial building is
consistent with the M1 Limited Industrial zoning and will provide
opportunities for employment and business growth within the City in
compliance with City goals, policies and standards as noted in the
consistency tables of staffs report, which includes review and
determination of consistency with all applicable Industrial Design and
Murray Avenue design policies.
iii) The project will not require urban services beyond those that are currently
available given that the property is within an existing improved industrial
subdivision development that has adequate services and utilities for
development of the site. Further, the project will pay development impact
fees at time of building permit to fund its fair share cost toward
improvements required to accommodate buildout under the City general
plan.
iv) The project provides a harmonious, integrated plan that justifies
exceptions, if such are required, to the normal requirements of this
ordinance given that the project does not propose any exceptions.
v) The project reflects an economical and efficient pattern of land uses given
that the project proposes industrial development as anticipated for the site
and in compliance with the applicable development standards, as
discussed above.
vi) The project includes greater provisions for landscaping and open space
than would generally be required given that the project exceeds the
minimum front landscaping depth requirement of 21 feet and maximum
allowed paving of 50 percent. A total of 23 to 41 feet of landscaping are
proposed along the frontage, and 63 percent of the site frontage
landscaped.
vii) The project utilizes aesthetic design principles to create attractive buildings
and open space areas that blend with the character of surrounding areas
given that the building design includes a variety of materials and high
quality factory applied finishes that satisfies the applicable Industrial and
Murray Avenue design criteria and which is in character with development
in the area.
viii) The project will not create traffic congestion, noise, odor or other adverse
effects on surrounding areas given that the speculative industrial building
is consistent with the use anticipated for the property and would not create
any undue traffic, noise, odor or other effects.
Resolution No. 2019-04
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ix) The project provides adequate access, parking, landscaping, trash areas
and storage, as necessary given that the building provides suitable areas
for trash collection, access to loading areas, and 34 parking spaces at the
required rate of 1 space per 350 square feet of industrial area. No
outdoor storage or uses are proposed or approved with this action.
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby recommends to the City Council the approval of architectural and site review
application AS17-25 subject to the following conditions:
CONDITIONS OF APPROVAL AS18-27
Note: The following abbreviations identify the City department or division responsible for determining compliance
with these conditions. The first group listed has responsibility for compliance at plan check, the second
confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate
of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from
initial review through compliance verification. An internal condition reference number is located at the end of
each condition (e.g. G-1 or MND-S2).
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL
Building Division/Inspectors
PK
Parks/Landscape Design
CA
City Attorney
PL
Planning Division
CC
Chemical Control Agency
PW
Public Works/Engineering
FP
Fire Prevention
TR
Traffic Division
PD
Police Department
WW
Wastewater/Source Control
GENERAL PROJECT CONDITIONS
1. Approval of AS18-27 (18100043) (hereinafter "this permit") is granted for approved
plans stamped as "Approved on April 4, 2019" ("the plans") On file with the
Planning Division consisting of a new 11,087 square foot metal building with two-
color prefinished metal siding, 32 on -site parking spaces (at 1 space per 350
square feet) and related site improvements for speculative industrial tenant uses on
a 0.93 acre rectangular corner parcel in the M1 Industrial — Murray -Las Animas Ave
overlay combining district. Build -out of the project shall conform to the plans, except
as otherwise specified in these conditions. Any future adjustment or modification to
the plans shall be considered by the Community Development Director or
designee, may require separate discretionary approval, and shall conform to all
City, State, and Federal requirements, including subsequent City Code
requirements or policies adopted by City Council. (PL, G-1)
Resolution No. 2019-04
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2. Developer means permit applicant, property owner, operator, permittee, lessee,
and/or tenants using the space(s) for the intended use(s). Developer shall comply
with project conditions for the life of the project. (CA, G-2)
3. Developer agrees, as a condition of permit approval, at Developer's own expense,
to defend, indemnify, and hold harmless the City of Gilroy ("the City") and its
officers, contractors, consultants, attorneys, employees and agents from any and
all claim(s), action(s) or proceeding(s) brought against the 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. (CA, G-3)
4. Failure to appeal this decision in a timely manner, or commencement of any activity
related to the project, is understood to clarify 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. (CA, G-4)
5. The expiration date of this approval is April 4, 2020. 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. (PL, G-5)
6. Developer shall obtain building permits for the plans prior to the approval expiration
date, which is within one (1) year from the date of this permit approval. If such
buildings permits are not received within the time frame, this permit shall
automatically become null and void. (PL, G-13)
7. 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 Community Development
Director or designee. (PL, G-9)
8. Prior to issuance of building permits, Developer shall correct all violations of the
City Code, if any, existing on the project property for which the City has open
cases. (PL/CE, G-6)
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 or
enforcement actions pursuant to the City Code. All costs associated with any such
actions shall be the responsibility of Developer, owner or tenant. (CA, G-7)
10. Prior to occupancy, Developer shall complete all required offsite and onsite
improvements related to the project, including structures, paving, and landscaping,
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unless otherwise allowed by the Community Development Director, or stated in
these conditions. (BL, G-8)
11. Developer acknowledges that because of water limitations placed on the City by its
water providers, approval of this permit does not guarantee that the city will issue
building permits. Issuance of building permits may be delayed and subject to
implementation and/or compliance with mandated water conservation or allocation
plans that could be required during drought emergencies pursuant to the Gilroy City
Code Chapter 27.98. (PL/PW, G-10)
12. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project
property shall be consistent with the terms of this permit and the City Code. If there
is a conflict between the CC&Rs and the City Code or this permit, the City Code or
this permit shall prevail. (PL/CA, G-11)
PLANNING DIVISION STANDARD CONDITIONS
13. The site is identified on the Santa Clara Valley Habitat Plan (SCVHP) map as
Private Development Area 4 and would disturb less than 2 acres. Therefore, prior
to an application for a grading permit, the Developer shall complete and submit the
Santa Clara Valley Habitat Plan Application for Nitrogen Deposition -Only Projects
from the SCVHP website: http://scv-habitatagency.org/250/Private-Applicant. The
grading permit will be issued only after payment of assessed fees. (PL, PL-9)
14. Developer shall obtain necessary permits prior to initiating any new construction or
modifications authorized under this approval, including but not limited to temporary
construction trailers, temporary staging areas, model home sales offices,
advertising signs of any kind, exterior and interior modifications. Developer shall
pay all requisite fees in effect at the time of plan submittal and/or issuance, as
applicable. (PLBL, PL-1)
15. Developer shall submit plans for building permit applications that include all exterior
building materials and colors, including product and finish manufacturer name,
color name and number, and surface finish type (e.g. stucco with sand finish,
plaster with smooth finish) to be used in construction. (PL, PL-2)
16. Developer shall submit plans for building permit applications that include, on all
sets, a reproduction of all conditions of approval of this permit, as adopted by the
decision -maker. (PL, PL-3)
17. The site is approved for speculative warehouse occupancy based on 1 space per
350 square feet of building area. Future uses of the building shall comply with the
city parking demand tables and shall be reviewed by Community Development
Director or designee to determine that Developer has provided the parking required
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by the City Code for subsequent tenant uses. Such determination may require an
adjustment or modification to this permit approval. (PL, PL-5)
18. Prior to issuance of grading permits, Developer shall submit a combined landscape
and lighting plan to verify all project onsite lighting shall be of a type and in a
location that does not constitute a hazard to vehicular traffic, either on private
property or on public property, including streets. Such lighting shall not conflict with
drainage plans, landscape plans, tree locations, parking spaces, or any other such
land use concerns. (PL, PL-6)
19. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is
directed downward only, minimizing glare and light pollution, and shall not cast light
on any adjacent property or roadway. Developer shall recess or conceal any under -
canopy lighting elements so they are not directly visible from any public area. Prior
to issuance of building permits, Developer shall submit a lighting plan with details of
the proposed fixtures and locations to the satisfaction of the Community
Development Director or designee. (PL, PL-7)
20. Developer agrees, as a permit condition of approval, that no sign advertising the
development project or components thereof, including individual tenants or
subdivisions, shall be installed or maintained onsite or offsite except as allowed and
in conformance with an approved sign permit. (PL, PL-8)
21. To minimize potential construction -related impacts to noise, Developer shall include
the following language on any grading, site work, and construction plans issued for
the subject site (PLIBL, PL-11)
"During earth -moving, grading, and construction activities, Developer shall
implement the following measures at the construction site:
(A) Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and
on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited
on Sundays and City -observed holidays;
(B) Locate stationary noise -generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project
area;
(C) Construct sound walls or other noise reduction measures prior to developing
the project site;
(D) Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment;
(E) Prohibit all unnecessary idling of internal combustion engines;
(F) Utilize "quiet" models of air compressors and other stationary noise sources
where technology exists; and
(G)Designate a "disturbance coordinator' who would be responsible for responding
to any complaints about construction noise. The disturbance coordinator will
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determine the cause of the noise complaint (e.g. bad muffler, etc.) and will
require that reasonable measures be implemented to correct the problem."
22. To minimize potential construction -related impacts to air quality, Developer shall
include the following language on any grading, site work, and construction plans
issued for the project site (PL/BL, PL-12):
"During earth -moving, grading, and construction activities, Developer shall
implement the following basic control measures at the construction site:
(A) All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day;
(B) All haul trucks transporting soil, sand, or other loose material onsite or offsite
shall be covered;
(C)AII visible mud or dirt tracked out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited;
(D)AII vehicle speeds on unpaved roads or pathways shall be limited to 15 miles
per hour;
(E) All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used;
(F) Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points;
(G)AII construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
by a certified visible emissions evaluator; and
(H) Post a publicly visible sign with the telephone number and person to contact at
the lead agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be
visible to ensure compliance with applicable regulations."
23. In the event of an accidental discovery of archaeological resources during grading
or construction activities, Developer shall include the following language on any
grading, site work, and construction plans issued for the project site (BL/PL, PLA 3):
"If archaeological or cultural resources are discovered during earth -moving,
grading, or construction activities, all work shall be halted within at least 50 meters
(165 feet) of the find and the area shall be staked off immediately. The monitoring
professional archaeologist, if one is onsite, shall be notified and evaluate the find. If
a monitoring professional archaeologist is not onsite, the City shall be notified
immediately and a qualified professional archaeologist shall be retained (at
Developer's expense) to evaluate the find and report to the City. If the find is
Resolution No. 2019-04
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determined to be significant, appropriate mitigation measures shall be formulated
by the professional archaeologist and implemented by the responsible party."
24. In the event of an accidental discovery or recognition of any human remains,
Developer shall include the following language in all grading, site work, and
construction plans (BL/PL, PL-14):
"If human remains are found during earth -moving, grading, or construction
activities, there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until the
coroner of Santa Clara County is contacted to determine that no investigation of the
cause of death is required. If the coroner determines the remains to be Native
American the coroner shall contact the Native American Heritage Commission
within 24 hours. The Native American Heritage Commission shall identify the
person or persons it believes to be the most likely descendent (MLD) from the
deceased Native American. The MLD may then make recommendations to the
landowner or the person responsible for the excavation work, for means of treating
or disposing of, with appropriate dignity, the human remains and associated grave
goods as provided in Public Resources Code Section 5097.98. The landowner or
his authorized representative shall rebury the Native American human remains and
associated grave goods with appropriate dignity on the property in a location not
subject to further disturbance if: a) the Native American Heritage Commission is
unable to identify a MLD or the MLD failed to make a recommendation within 24
hours after being notified by the commission; b) the descendent identified fails to
make a recommendation; or c) the landowner or his authorized representative
rejects the recommendation of the descendent, and the mediation by the Native
American Heritage Commission fails to provide measures acceptable to the
landowner."
25. Prior to issuance of building permits, Developer shall locate rooftop mechanical
equipment, including but not limited to heating and cooling systems, plumbing
vents, ducts and other appurtenances protruding from the roof are recessed or
otherwise screened so that they will not be visible from the front of the property or
other major public vantage points. (PL, PL-29)
26. Developer shall install all roof and building drainpipes and downspouts inside
building elements. These items shall not be visible on any exterior building
elevations. (PL, PL-30)
27. Prior to issuance of building permits, Developer shall provide architectural
screening for any exterior utility meters. The final placement and design shall be to
the satisfaction of the Community Development Director or designee. (PL, PL-31)
28. Prior to issuance of building permits, Developer shall provide screening of all
ground -level mechanical equipment, post indicator valves, backflow prevention
devices etc. All ground mounted utility appurtenances such as transformers shall
not be visible from any public right-of-way and shall be adequately screened
Resolution No. 2019-04
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through the use or combination of concrete or masonry walls, berms, and
landscaping. In addition to the above, backflow preventers shall be painted dark
green, except the fire connection which shall be painted yellow. The final placement
and design of these items shall be to the satisfaction of the Community
Development Director or designee. (PL, PL-32)
29. Prior to issuance of a sign permit for this site, Developer shall propose well -
designed, quality signs that comply with the allowances of the City Code, and are to
the satisfaction of the Community Development Director or designee. Cabinet or
box -style signs will not be permitted onsite. (PUBL, PL-34)
30. Prior to issuance of building permit, Developer shall identify the location and design
of bicycle storage onsite. The placement and design shall be to the satisfaction of
the Community Development Director or designee. (PL, PL-35)
31. Prior to issuance of building permit, Developer shall stripe all loading zones,
whether situated outside or inside a structure, for loading and unloading activities
only and shall post a sign prohibiting storage or other non -loading activity within the
designated loading zone. (PUBL, PL-36)
32. Prior to issuance of a certificate of occupancy, Developer shall remove all
construction materials, debris, and vehicles from the subject property. (PUBL, PL-
37)
33. This permit approval does not include approval for any outdoor storage or uses as
part of the development and/or operation. Any future consideration of outdoor uses
onsite shall only be considered as allowed by the City Code, including any
subsequent permitting for such outdoor use. (PL, PL-39)
PLANNING LANDSCAPING CONDITIONS
34. Prior to issuance of building permits, Developer shall identify landscaping or other
screening method to protect glare from headlights on the subject property
extending offsite. At the time of planting, such screening shall be maintained at or
below three (3) feet if located in a required street frontage or front yard. Details of
required screening shall be to the satisfaction of the Community Development
Director or designee. (PL, PL-41)
35. Prior to issuance of building permits, Developer shall (as part of the irrigation
system) include sensors that suspend or alter irrigation operation during
unfavorable weather conditions (e.g. automatic rain shut-off devices). (PL, PL-42)
36. Prior to issuance of building permits or initiation of the proposed use, whichever
comes first, Developer shall submit a completed Landscape Documentation
Package, including a soil analysis/management report along with appropriate
application review fees, to the Community Development Department, including
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required documentation for compliance verification, and obtain approval of such
plans. (PL, PL-43)
37. As part of the Landscape Plan submittal, Developer shall not include any invasive
plant species, such as those listed by the California Invasive Plant Council. (PL,
PL-44)
38. As part of the Landscape Plan submittal, Developer shall clarify a minimum three
(3) inch layer of mulch to be applied on all exposed soil surfaces, as required by the
State MWELO. (PL, PL-45)
39. Prior to occupancy or initiation of the proposed use, whichever comes first,
Developer shall submit a signed Certificate of Completion, along with all necessary
supporting documentation and payment to the Community Development
Department, for compliance verification of the landscape installation. (PL, PL-47)
40. Prior to issuance of certificate of occupancy or building permit final sign -off,
Developer shall complete installation of all landscaping and irrigation in accordance
with the approved plans. (PL/ PL-48)
41. Developer is required under MWELO to provide a copy of the approved Certificate
of Completion to the property owner or his or her designee. Prior to completion of
each build -out phase of development, Developer shall provide the Community
Development Director or designee a summary of each lot in that phase and timing
of compliance with this requirement. (PL, PL-49)
42. For the life of the project, Developer shall maintain landscaping and irrigation in
accordance with the approved plans, except as otherwise permitted or required by
law. Significant changes to the number, placement, and selection of plant species
may require a modification to this approval, to be determined by the Community
Development Director or designee. (PL, PL-50)
PLANNING DIVISION SPECIAL CONDITIONS
43. Plans for building permit shall be revised to include a landscape trellis along the
east elevation of the building to soften the blank wall elevation facing the Forest
Street frontage.
ENGINEERING CONDITIONS
44. Plans for building permit will need to address the City standards including the
following to the satisfaction of the City Engineer: bio-retention plan details, erosion
control measures, utility connections, provision for sidewalks, and connection of
trash enclosure to the sanitary sewer.
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FIRE CONDITIONS
45. Fire Access Roadways and Fire Water Supply shall be shown on the Civil Plans
and comply with Chapter 5 of the IFC/CFC as amended by the City of Gilroy.
46. All new buildings shall have a fire sprinkler system installed. Fire protection
systems (e.g. fire sprinklers, fire alarms, etc.) require a separate installation Permit
from the Fire Marshal and are subject to the appropriate NFPA standards. Contact
the Fire Marshal's office for Fire Protection system questions.
47. Any building with a specific occupant and use shall submit plans and information
regarding Fire Code Permit Operations (Fire Code Chapter 105.6), including but not
limited to high piled storage, rack storage, storage of combustible commodity,
refrigeration systems, hazardous materials and any processes regulated by the Fire
Code as adopted by the City of Gilroy.
48. For Shell Only (Spec) Buildings and multi -tenant sites, tenants shall obtain Fire
Permits and a Business License prior to occupancy by that tenant. The tenant shall
submit plans, as needed, by the Fire and Building Official, to verify Occupancy
Classification and occupant load factor/exiting requirements as well as compliance
with the various codes and standards for that use. In some cases a change of use
or tenant improvement permits will be required.
PASSED AND ADOPTED this 4t' day of April 2019 by the following roll call vote:
AYES: Armendariz, Fleming, Estorga, Kim, Rodriguez, Rudeen, Fischer
NOES:
ABSENT:
ATTEST:
Susan L. O'Strander, Deputy Director