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)