Ordinance No. 2021-04 | Amending Zoning Map | Adopted 10/04/2021ORDINANCE NO. 2021-04
AN ORDINANCE OF THE GILROY CITY COUNCIL
AMENDING THE CITY OF GILROY ZONING MAP AND
ADOPTING A PLANNED UNIT DEVELOPMENT
OVERLAY PURSUANT TO ARTICLE XXVI OF THE
GILROY CITY CODE, TO ESTABLISH A COMMERCIAL
PLANNED DEVELOPMENT C3/PUD ZONING DISTRICT
FOR COMMERCIAL SHOPPING CENTER AND HOTEL
DEVELOPMENT LOCATED AT TENTH AND CHESTNUT
STREETS (APN's: 841-66-010, 011, 014 AND 015), FILED BY
EVERGREEN DEVELOPMENT COMPANY INC. FILE
NUMBER Z 20-04, (20070021)
WHEREAS, on May 6, 2021, an application filed on behalf and with the consent of the
property owner Donald J. Triolo (Trustee for "The Triolo Revocable Living Trust" and agent for
450 East LLC), Evergreen Development Company Inc. was accepted as complete, requesting a
planned development rezoning from the C3 and CM zoning districts to a C3 PUD zoning district
for 6.8 acres of property located at 401 and 411 East Tenth Street (aka, Automall Parkway) and
450 East Ninth Street, between Chestnut Street and Hwy 101 Offramp; and
WHEREAS, the project includes concurrent applications for vesting tentative map TM 20-
03 (20070020) and architectural and site review AS 20-14 (20070017) which shall establish the
project PUD development plan; and
WHEREAS, an initial study/mitigated negative declaration and mitigation monitoring and
reporting program have been prepared, with mitigation measures agreed to by the applicant made
a part of the project, and recommended for adoption as the environmental document for the project
in compliance with the California Environmental Quality Act; and
WHEREAS, on September 2, 2021 the Planning Commission held a duly noticed public
hearing at which time the Planning Commission received and considered the MND environmental
document prepared for the project, together with the zone change request and related entitlements,
the staff report, and all evidence received including written and oral public testimony related to
the MND and project; and
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ORDINANCE NO. 2021-04
WHEREAS, the City Council received and considered a staff report pertaining to Zoning
Text Amendment file number Z 20-04; and
WHEREAS, the City Council held a duly noticed public hearing on September 20, 2021,
at which time the City Council took and considered written and oral public testimony, the staff
report, and all other documentation related to application Z 20-04; and
WHEREAS, the location and custodian of the documents or other materials that constitute
the record of proceedings upon which Z 20-04 approval is based is the office of the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The City Council finds pursuant to Gilroy Code Article XXVI (Planned Development Overlay),
Article LII (Amendment to the Zoning Ordinance) and Section 30.50.50 (Planned Unit
Development Approval) that:
1. The proposed Zoning Ordinance Amendment is consistent with the intent of the goals and
policies of the City of Gilroy's General Plan in that it would promote a cohesive
redevelopment of property with a planned commercial development that includes a mix of
desirable uses and promoting the General Services land use designation and relevant City
policies;
2. The proposed Zoning Ordinance Amendment will not create any adverse environmental
impacts in that the project site does not have any unique physical or environmental
constraints that would preclude development as proposed and as anticipated by the City
General Plan and zoning documents;
3. The proposed Zoning Ordinance Amendment will not be detrimental to the public peace,
health, safety, morals, or welfare given that the property would be required to develop in
accordance with an approved PUD development plan adopted pursuant to City Code
Section 30.50.50, which has been requested and processed concurrently with this C3 PUD
zoning amendment, that would assure all applicable codes and regulations are adhered to
at time of development; and
4. The proposed Zoning Ordinance Amendment will not be detrimental to persons or property
in the City given that the amendment would continue to allow commercial development of
the site which is compatible with the surrounding shopping center commercial, commercial
industrial and public facility uses adjacent to the site.
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ORDINANCE NO. 2021-04
SECTION II
Zoning Ordinance Text Amendment file number Z 20-04 is hereby approved as shown on
the attached Zoning Change Exhibit "A" and subject to adoption of the Planned Unit Development
Permit AS 20-14, which may be amended from time to time in accordance with the City Code.
SECTION III
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION IV
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
PASSED AND ADOPTED this 4th day of October, 2021 by the following roll call vote:
AYES: COUNCILMEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUNOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
AT EST:
eAnn McPhill s, In'•rim City Clerk
APPROVED:
arie Blankley, Mayor
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ORDINANCE NO. 2021-04
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I, LeeAnn McPhillips, Interim City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2021-04 is an original ordinance, or true and correct copy of a city
Ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the 4'h day of October, 2021, 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 14" day of October, 2021.
eAnn McPhil
Interim City Clerk of the - of Gilroy
(Seal)