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Resolution No. 2022-84 | Approval of TM 22-04; 778 First Street | Adopted 11/07/2022RESOLUTION NO. 2022-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP TO SUBDIVIDE THE PROPERTY LOCATED AT 778 FIRST STREET INTO TWO PARCELS, APNS: 808-12-035 & 808-12- 036 (FILE NUMBER TM 22-04) WHEREAS, On July 25, 2022, an application was filed by Craig Filice representing Castlewood Corner LLC proposing the subdivision of a parcel at 778 First Street within the C-3, Shopping Center Commercial zone district; and WHEREAS, the application submittal was deemed complete on September 19, 2022; and WHEREAS, the proposed subdivision is 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 are available; and WHEREAS, the Planning Commission held a duly noticed public meeting on October 6, 2022, 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 whereas and by unanimous vote of the members present recommended to the City Council approval of project TM 22-04; and WHEREAS, the City Council held a duly noticed public meeting on November 7, 2022, received and considered the staff report, as well as all evidence, received including written and oral public testimony related to the project TM 22-04; 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 are at the City Clerk’s Office. NOW, THEREFORE, BE IT RESOLVED that in order to deny the map, the City Council of the City of Gilroy would have to make one of the seven listed findings described in Government Code Section 66474 based upon substantial evidence in the record. The findings are listed below, along with an explanation for each one as to why the Council cannot make the finding: 1. The proposed subdivision is not consistent with applicable general and specific plans as specified in 65451. This finding for denial cannot be made. The proposed Tentative Map to subdivide an approximately 75,482 square foot lot into two (2) new commercial lots is consistent with the intent of the goals and policies of the City's General Plan and the uses anticipated within the General Plan Mixed Use Land designation and City’s Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act in that the Resolution No. 2022-84 Approval of TM 22-04; 778 First Street City Council Regular Meeting | November 7, 2022 Page 2 of 5 proposed subdivision does not alter the existing mix of uses or make prohibitive a mix of commercial uses on the resulting parcels. 2. That the design or improvement of the proposed subdivision is not consistent with the applicable general plan. This finding for denial cannot be made. The site development complies with all applicable codes and ordinances and the 2040 General Plan Mixed Use land use designation. 3. That the site is not physically suitable for the type of development. This finding for denial cannot be made. The site is physically suitable for the type of development given that it is a level site that is not in a flood-prone location does not have unique physical constraints and the size and geometry of the property comply with all applicable codes and ordinances and there are no exceptions to the site development standards of the C-3 Zone District. 4. That the site is not physically suitable for the proposed density of development. This finding for denial cannot be made. The site is physically suitable for this type of development because the resulting lot is proposed to accommodate existing development that is consistent with the City Zoning Ordinance and the 2040 General Plan Mixed Use land use designation. 5. That the design of the proposed subdivision TM 22-01 or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. This finding for denial cannot be made. The design of the subdivision and the proposed improvements will not cause substantial environmental damage, or substantially injure fish or wildlife because the site is located within a developed urban context and is not in or adjacent to any sensitive habitat areas. There will be no significant environmental impacts as a result of this project, which 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 the City’s General Plan and Zoning, seeks no exceptions or variances, and all services and access to the resulting parcels are available. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems. This finding for denial cannot be made. The design of the subdivision is not likely to cause serious public health problems given that public utilities and infrastructure improvements to serve the proposed parcels are in place as evidenced by the existing development on the site and the construction that is taking place. Resolution No. 2022-84 Approval of TM 22-04; 778 First Street City Council Regular Meeting | November 7, 2022 Page 3 of 5 7. That the design of the proposed subdivision or the type of improvements will conflict with easements, acquired by the public at large, 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 authori ty 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. This finding for denial cannot be made. The design of the subdivision and existing improvements will not and do not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Gilroy hereby approves Tentative Map Application No. TM 22-04, subject to the conditions attached hereto as Attachment A. PASSED AND ADOPTED this 7th day of November by the following roll call vote: AYES: COUNCIL MEMBERS: BRACCO, HILTON, LEROE-MUÑOZ, MARQUES, BLANKLEY NOES: COUNCIL MEMBERS: TOVAR ABSTAIN: COUNCIL MEMBERS: ARMENDARIZ ABSENT: COUNCIL MEMBERS: NONE APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk Marie Blankley (Nov 9, 2022 10:47 PST) Marie Blankley Resolution No. 2022-84 Approval of TM 22-04; 778 First Street City Council Regular Meeting | November 7, 2022 Page 4 of 5 ATTACHMENT A TENTATIVE MAP CONDITIONS OF APPROVAL 778 FIRST STREET, TM 22-04 PLANNING DIVISION CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1. APPROVED PROJECT: The approval for Tentative Parcel Map TM 22-04 is granted to subdivide a 75,482 square foot site into two (2) commercial parcels, located at 778 First Street (APN’s: 808-12-035 & 808-12-036) within the City of Gilroy C-3, Shopping Center Commercial, zoning district as shown on the Tentative Parcel Map prepared by Hanna and Brunetti, Civil Engineers and Land Surveyors for Castlewood Corner LLC, consisting of two (2) sheets, dated June 2022 and received by the Planning Division on July 25, 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. Resolution No. 2022-84 Approval of TM 22-04; 778 First Street City Council Regular Meeting | November 7, 2022 Page 5 of 5 4. TENTATIVE MAP: An approved tentative parcel map, which shall expire twenty-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 there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. ENGINEERING CONDITIONS 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. 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 California, 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. CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2022-84 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, November 7, 2022, 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, November 7, 2022. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal)