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Resolution No. 2020-09 | Architectural and Site Review AS 20-06 Exterior Changes to Building in Historic Neighborhood Overlay District | Adopted 07/09/2020RESOLUTION NO.2020-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY APPROVING ARCHITECTURAL AND SITE REVIEW AS20-06 FOR EXTERIOR CHANGES TO A BUILDING IN AN HISTORIC NEIGHBORHOOD OVERLAY DISTRICT LOCATED AT 7511 MONTEREY ROAD, GILROY, CA 95020 WHEREAS, on November 17, 2019, Jose Segura submitted an application requesting architectural and site review for renovations made to the exterior of a commercial building within the DHD/ND overlay district (APN: 799-06-054); and WHEREAS, the project qualifies exemption from further environmental review pursuant to Section 15302 and Section 15331 of the California Environmental Quality Act which applies to projects involving replacement of structures and which would not cause a substantial adverse change in the significance of an historic resource; and WHEREAS, on June 17, 2020 the Historic Heritage Committee of the City of Gilroy considered the project in accordance with the requirements of the zoning code and by unanimous vote of 4-0 (1 absence) recommended approval of the project to the Planning Commission; and WHEREAS, on July 9, 2020, the Planning Commission of the City of Gilroy considered the staff report along with recommendation of the Historic Heritage Committee; and WHEREAS, the Planning Commission has concluded that the application conforms to all applicable requirements of the Gilroy City Code, including the findings of Gilroy City Code Chapter 30.27 and Chapter 30.50 for approval to changes of a building within an historic district. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby find as follows: 1. The project has been reviewed by the City of Gilroy's Historic Heritage Committee, who provided a recommendation of approval, finding that the project was consistent with Chapter 30.27 (Historic Site and Neighborhood Combining Districts). 2. The project, when considered with adjacent development, the character of the neighborhood, and existing and projected public improvements, would not jeopardize the neighborhood's architectural or historical value given that the renovations made to this building would: a. Promote re -use and occupancy of the structure b. Would not detract from the district or adjacent historic buildings c. Maintains the form, storefront glazing and the false front commercial style parapet d. Be updated using quality materials, and e. The new contemporary look of the stone wainscot would be improved to better match surrounding styles by completing grouting of the wainscot. 4840-0863-19300 RESOLUTION NO. 2020-09 JH104706089 3. The environmental impacts of the project would not be in conflict with CEQA, in particular, would not cause a substantial adverse change in the significance of a historical resource given that the HHC has reviewed and recommended that renovation of this commercial structure, as proposed and conditioned, satisfies all applicable historic review criteria and the building form and construction techniques will assure consistency is maintained with the character of the district. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Gilroy hereby approves Architectural and Site Review AS 20-06, subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED this 9t' day of July 2020 by the following vote: AYES: Lerner, Estorga, Morales, Doyle, Kim, Fischer NOES: None ABSENT: Fleming ATTEST: � A ��� - aren L. Garner, Secretary APPROVED: 0-0863-19 JH104706089 30v1 RESOLUTION NO. 2020-09 EXHIBIT A STANDARD CONDITIONS OF APPROVAL GILROY LAND USE PERMITS 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. In the context of these Conditions of Approval, the term "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. 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. APPROVED PROJECT: The approval for Architectural and Site Review Application AS20-06 (#20030015) to modify an existing building located at 7511 Monterey Street, as shown on approved plans. 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) 2. FULFILLMENT OF CONDITIONS REQUIRED: This Permit shall become null and void if the required conditions are not satisfied within 30 days of occupancy, or an alternative time period approved by the Community Development Director or designee. (PL, G-3) 3. INDEMNIFICATION: 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, 0 6930v1 JH10470106089 RESOLUTION NO. 2020-09 JH108 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-4) 4. APPEAL PROCEDURES: Anyone so desiring may appeal the decision of the Planning Commission by written request to the City Council and payment of the appeal fee within twenty (20) days of the Planning Commission's determination. 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. No building permits may be issued or occupancy authorized during this appeal period. (CA, G-6) 5. PERMIT EXPIRATION: The expiration date of this approval is one year from the decision date, July 29, 2021. If any development for which architectural and site approval has been granted has not obtained building permits within one (1) year from the date of notification of approval, the approval shall be deemed automatically revoked. Upon application, an extension of time may be granted by the Community Development Director or designee. 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-7) 6. EXISTING VIOLATIONS: 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-9) 7. COMPLIANCE WITH CONDITIONS: 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- 10) 8. ON- AND OFF -SITE IMPROVEMENTS: Prior to occupancy, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. (BL, PW) 9. NOTICE OF LAND USE RESTRICTIONS AND CONDITIONS: 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) 4840-0863-19300 RESOLUTION NO. 2020-09 JH104706089 PLANNING DIVISION STANDARD CONDITIONS 10. PROJECT APPROVAL: Application AS20-06 (20030015) for Vines and Pints Project building renovations shall be completed in accordance with this approval and a valid building permit. Build -out of the project shall conform to the approved materials and exhibits, except as otherwise specified in these conditions. Any future adjustment or modification to the plans or conditions of approval shall be considered by the Community Development Director or designee, and may require separate discretionary approval. (PL, PL-21) 11. COLORS AND MATERIALS: 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-22) 12. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior to initiating any new construction or modifications authorized under this approval, including but not limited to exterior and interior modifications. Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable. (PL/BL, PL-23) 13. PLANNING INSPECTION: Inspection(s) by the Planning Division shall be required for application of exterior materials, and final completion to ensure that the construction matches the approved plans. (PL, PL-26) 14. LIGHTING PLAN: Developer shall submit a lighting plan with the application for building permit. This plan should include manufacturer's specifications on the fixtures, and mounting heights. The lighting plan must be approved by the Community Development Director or designee. (PL, PL-27) 15. WINDOWS: Prior to issuance of building permits, the manufacturer type, design, material, and installation details for all windows within the project shall be specified in the construction drawings for review and approval by the Community Development Director or designee. (PL, PL-44) 16. SECRETARY OF THE INTERIOR STANDARDS: All construction activities, including maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of the historical resource, shall be conducted in the manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. (Weeks and Grimmer, 1995) (PL, PL-51) 17. TRASH ENCLOSURE: Prior to building permit issuance, details for a refuse and recycling container shall be shown on the construction drawings and approved by the Community Development Director or designee. If located outside, the trash enclosure shall comply with the requirements of the Building and Fire Departments, and shall be 4840-0863-19300 RESOLUTION NO. 2020-09 JH104706089 constructed with an opaque material that matches the architectural design, color, and materials of the primary structure. (PL, PL-59) 18. ROOFTOP EQUIPMENT: Prior to issuance of building permits, Developer shall ensure rooftop mechanical equipment, including but not limited to heating and cooling systems, plumbing vents, ducts, antennas 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. Details of the roof equipment and roof screens shall be included in the building permit drawings and approved by the Community Development Director or designee. (PL, PL-75) 19. ROOF AND BUILDING DRAINPIPES: Developer shall install all roof and building drainpipes and downspouts inside building elements. To the extent feasible, these items shall not be visible on any exterior building elevations. (PL, PL-76) 20. SCREENING OF EQUIPMENT: Prior to issuance of building permits, Developer shall show on construction documents screening of any exterior utility meters, 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 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 shall be to the satisfaction of the Community Development Director or designee. (PL, PL-77) 21. SIGNS: No signs are approved as part of this application. 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. (PLBL, PL-79) 22. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall remove all construction materials, debris, and vehicles from the subject property. (PL/BL, PL-82) 23. GROUND FLOOR TRANSPARENCY: The storefront must maintain transparency along the ground floor of the building(s) at all times. No signage, window tinting/treatment, permanent/affixed furniture, or sunshades which permanently block the windows/storefronts are permitted. Sunshades which maximize transparency while providing UV light screening for building occupants may be permitted, subject to review and approval by the Community Development Director or designee. 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