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
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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. (PL, PL-85)
PLANNING DIVISION SPECIAL CONDITIONS
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JN10470604705089 RESOLUTION NO.2020-09
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