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Resolution No. 2023-10 | Approve Tentative Map; 6955 Camino Arroyo | Adopted 02/27/2023RESOLUTION NO. 2023-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO APPROVE A TENTATIVE MAP TO SUBDIVIDE PROPERTY INTO TWO PARCELS, LOCATED AT 6955 CAMINO ARROYO, APN: 841-70-045 (FILE NUMBER TM 22- 05) WHEREAS, On October 10, 2022 an application was filed by Joseph Tichar representing Joule Crossing Owner, LLC proposing the subdivision of a parcel at 6955 Camino Arroyo within the C3/HC/M2-PUD, Commercial/Industrial Planned Unit Overlay zone district; and WHEREAS, the application submittal was accepted as complete on November 9, 2022; and WHEREAS, the proposed subdivision qualifies as exempt from further environmental review and qualifies for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions, because the proposed subdivision results in less than four parcels, is in conformance with the City’s General Plan and Zoning, seeks no exceptions or variances, and all services and access to the resulting parcels is available; and WHEREAS, the Planning Commission held a duly noticed public meeting on January 19, 2023 at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the project and voted unanimously to recommend approval of the project; and WHEREAS, the City may deny a tentative map only if, based upon substantial evidence in the record, it makes one or more of seven listed findings for denial prescribed by Government Code Section 66474. Staff has reviewed the findings and concluded that project denial based on these findings would not be supported, and alternatively, that each of the seven findings may be made to support approval of the project; and WHEREAS, the City Council held a duly noticed public meeting on February 27, 2023 at which time the Council received and considered the staff report as well as all evidence received including written and oral public testimony related to the project; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the Community Development Department, Planning Division. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby finds as follows: 1. The proposed Tentative Map is consistent with the goals and policies of the City's General Plan and the General Services Commercial land use designation given that the commercial lot split would not require or result in any physical changes to t he site use or improvements. Further, the site is not covered by a specific plan as specified in Government Code Section 65451. Resolution No. 2023-10 Approve Tentative Map; 6955 Camino Arroyo City Council Regular Meeting | February 27, 2023 Page 2 of 5 2. The design or improvement of the proposed subdivision is consistent with the applicable general plan given that the parcel split does not involve any changes to existing land uses, and the lot size, shape and location complies with the 2040 General Plan General Services Commercial land use designation. 3. The site is physically suitable for the type of development given that the property is already developed with commercial uses in compliance with all codes and standards, does not require any modified improvements or restrictions, does not have unique physical constraints, the size and geometry of the property comply with all applicable codes and ordinances, and there are no exceptions requested or proposed to the site development standards. 4. The site is physically suitable for the proposed density of development, given that the resulting lots would accommodate existing buildings and parking required for the sites after subdivision, consistent with the City Zoning Ordinance and the 2040 General Plan commercial land use designation. 5. The design of the proposed subdivision TM 22-05 or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat given that the site is already developed and would not require any new or modified improvements, and is not in or adjacent to any sensitive habitat areas. No significant environmental impacts would occur as a result of this project. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems given that public utilities and infrastructure improvements to serve the proposed parcels are currently in place as evidenced by the existing development on the site. Further, the project is consistent with the City’s Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act in that the proposed subdivision does not alter the existing uses or result in parcel or development condition that would conflict with City regulations. 7. The design of the proposed subdivision or the type of improvements will not conflict with easements, acquired by the public at l arge, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by the judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. 8. The project proposal qualifies for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions, because the proposed subdivision results in less than four Resolution No. 2023-10 Approve Tentative Map; 6955 Camino Arroyo City Council Regular Meeting | February 27, 2023 Page 3 of 5 parcels, is in conformance the City’s General Plan and Zoning, seeks no exceptions or variances, and all services and access to the resulting parcels are available. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Gilroy hereby approves Tentative Map Application No. TM 22-05, subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED this 27th day of February 2023 the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE, HILTON, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk Marie Blankley (Mar 1, 2023 10:17 PST) Marie Blankley Resolution No. 2023-10 Approve Tentative Map; 6955 Camino Arroyo City Council Regular Meeting | February 27, 2023 Page 4 of 5 EXHIBIT A TENTATIVE MAP CONDITIONS OF APPROVAL GILROY CROSSING LOT SPLIT TM 22-05 PLANNING DIVISION CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1. APPROVED PROJECT: Tentative Parcel Map TM 22-05 approval is granted to subdivide 11.26 acres into two (2) commercial parcels as shown on the proposed map prepared by Kimley Horn, designated KHA project 197422005, with the title “Sheet TM 1, Gilroy Grossing, 6975 Camino Arroyo”, with preparation date 09/08/2022. Any future adjustment or modification to the plans, including any changes made at time of building permit submittal, 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. 2. 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. 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, 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. The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or other deadline as specified in the condition. 4. TENTATIVE MAP: An approved tentative parcel map, which shall expire twenty- Resolution No. 2023-10 Approve Tentative Map; 6955 Camino Arroyo City Council Regular Meeting | February 27, 2023 Page 5 of 5 four (24) months from the approval date, may be extended pursuant to the provisions of the Map Act. 5. COVENANTS, CONDITIONS, AND RESTRICTIONS: 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 ther e is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. PUBLIC WORKS CONDITIONS OF APPROVAL The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or if another deadline is specified in a condition, at that time. 6. DRIVEWAY ACCESS EASEMENT: The applicant or owner shall dedicate reciprocal driveway ingress and egress easements. Said easements shall be approved by both affected property owners. The easements shall be approved by the City Engineer, recorded with the County Recorder’s Office, and a recorded copy of the document returned to the City prior to any City permits. The easement may also be designated on any associated parcel or subdivision map. (PUBLIC WORKS) 7. PARCEL MAP: It shall be the applicant's responsibility to have a parcel map, prepared by a person authorized to practice land surveying in Cali fornia, delineating all parcels created or deleted and all changes in lot lines in conformance with the Gilroy Municipal Code. The parcel map shall be approved by the Department of Public Works and recorded with the County Recorder’s Office prior to the issuance of any City permits. A parcel map guarantee shall be submitted to the City, by the applicant’s title company, prior to release of the parcel map to the title company for recordation. Prior to the City’s release of the parcel map to the title company, the applicant may, at the discretion of the City Engineer, be required to submit to the City an electronic copy of the map in the AutoCAD Version being used by the City at the time of recordation. It is the applicant's responsibility to check with their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after City approval. (PUBLIC WORKS) CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that th e attached Resolution No. 2023-10 is an original resolution, or true and correct copy of a city R esolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, February 27, 2023, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, February 27, 2023. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy