Resolution No. 2022-87 | Tentative Map TM 21-04; Royal Way Townhomes Project | Adopted 11/21/2022RESOLUTION NO. 2022-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A VESTING TENTATIVE MAP
TO APPROVE A 45-UNIT TOWNHOME PLANNED
DEVELOPMENT ON 3.37 ACRES AT ROYAL WAY, APN
799-44-93, 94, 95, 96, 97, 98, 101, 109 & 110, GILROY, CA 95020
(FILE NUMBER TM 21-04)
WHEREAS, on October 4, 2021, Michael Cady, Third Millennium Partners and, property
owner Paul Sanders, TMP Royal Way, LLC filed applications requesting architectural and site
review, tentative map, and planned unit development rezoning to permit a 45-unit townhome
project on the subject 3.37 acre vacant in-fill site located on Royal Way and the Uvas Creek Trail;
and
WHEREAS, on July 29, 2022, the application submittal was accepted as complete; and
WHEREAS, pursuant to Gilroy City Code Chapter 21 Subdivisions, the Planning
Commission must recommend and City Council must approve a vesting tentative map application;
and
WHEREAS, the Planning Commission of the City of Gilroy has reviewed PUD zoning
amendment Z 21-05 and the related architectural and site review permit AS 21-17 by separate
resolutions, which are required to allow for the townhome development to proceed as proposed;
and
WHEREAS, on October 6, 2022, the Planning Commission of the City of Gilroy held a
duly noticed public hearing on the project, independently considered the environmental
determination and the zoning and land use entitlements in accordance with the Gilroy Zoning
Ordinance, considered the staff report, and all evidence received including written and oral public
testimony and recommended approval of the project to the City Council with conditions; and
WHEREAS, the City Council held a duly noticed public meeting on November 21, 2022,
at which time the City Council received and considered the staff report as well as well as all
evidence, including written and oral public testimony related to the Tentative Parcel Map TM 21-
04; and
WHEREAS, the City Council of the City of Gilroy has determined that the project
qualifies for an infill exemption under the California Environmental Quality Act, pursuant to
section 15332 of the CEQA Guidelines, and no further environmental analysis is required; 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 located at the
City Clerk’s Office.
NOW, THEREFORE, BE IT RESOLVED THAT in order to recommend denial of the
proposed Tentative Parcel Map, the City Council would have to make one of the seven listed
findings described in Government Code Section 66474 based upon substantial evidence in the
record. The seven findings are listed below, along with an explanation for each one as to why the
Council cannot make the finding:
Resolution No. 2022-87
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 2 of 7
1. That the proposed subdivision is not consistent with applicable general and specific
plans as specified in Gov. Code Section 65451.
This finding for denial cannot be made. The proposed map is consistent with the general
plan medium-density land use designation and general plan policies that require
attached housing in the medium-density residential land use designation and promote
home ownership options.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
This finding for denial cannot be made. The design or improvement of the proposed
subdivision is generally consistent with the goals of the Gilroy 2040 General Plan and
no Specific Plan applies to this property or proposed development. The design of the
proposed subdivision is also consistent with the Gilroy Mixed-use Residential and
Multi-family Residential Objective Design Standards Policy.
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 as it consists of a flatland area that is not in a flood-prone location, does
not have any unique physical or environmental constraints, and is designated for
medium-density land use at and the project is within the 8 to 20 unit per acre density.
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 the proposed
density because the proposed development has been designed in conformance with the
Gilroy 2040 General Plan density allowance and the City’s Zoning Ordinance,
Subdivision Ordinance, and Land Development Code.
5. That the design of the proposed subdivision 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 or the proposed
improvements are unlikely to cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat as the site has no creeks, streams,
wetlands or any other physical or environmental constraints and qualifies for an infill
exemption pursuant to section 15332 of the California environmental quality act.
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 or type of
improvements is not likely to cause serious public health problems given that the
utilities for the development are immediately adjacent along the Royal Way frontage
and will be extended into the site under valid grading and encroachment permits.
Resolution No. 2022-87
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 3 of 7
7. That the design of the 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 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.
This finding for denial cannot be made. The design of the subdivision or the type of
improvements as proposed and conditioned will not conflict with easements, acquired
by the public at large, for access through or use of, property within the proposed
subdivision.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Gilroy hereby finds that the project meets the findings for approval, and approves application TM
21-04, subject to the conditions included as Attachment A.
PASSED AND ADOPTED this 21st day of November 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, LEROE-
MUÑOZ, MARQUES, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILTON
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (Nov 22, 2022 11:21 PST)
Marie Blankley
Resolution No. 2022-87
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 4 of 7
ATTACHMENT A
STANDARD CONDITIONS OF APPROVAL
TM 21-04
PLANNING DIVISION
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP,
or other deadlines as specified in the condition.
1. RELATED ENTITLEMENTS: Approval and development of TM 21-04 for a 45 unit
townhome development shall be subject to conformance with the related PUD rezoning Z
21-05 and PUD development plan AS 21-17.
2. TENTATIVE MAP: An approved tentative map or vesting tentative map shall expire
twenty-four (24) months from the approval date and may be extended pursuant to the
provisions of the Map Act, if the final map is not approved prior to expiration.
3. HOMEOWNERS’ ASSOCIATION: Developer shall establish a Homeowners’
Association (HOA) for the development. The HOA shall be responsible for the
maintenance and enforcement of parking, private streets, landscaping, recreation and other
interior areas held in common by the HOA. Such responsibilities shall be provided within
the Covenants, Conditions, and Restrictions (CC&Rs) for the development. The City shall
review all CC&Rs prior to recordation.
4. 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.
PUBLIC WORKS DEPARTMENT
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.
5. 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
Resolution No. 2022-87
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 5 of 7
their title company and the County Recorder’s Office to determine the time necessary to
have the map recorded after City approval. (PUBLIC WORKS)
6. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a
public improvement agreement with the City per Gov. Code Section 66462(a) and shall
arrange to provide Payment and Performance bonds each for 100% of the cost of public
infrastructure improvements to be constructed in the public right-of-way. These
improvements shall include, but not be limited to, roadway construction, sidewalk, curb and
gutter, water lines, storm lines, sewer lines, street lights, and signal equipment. City
Standard insurance shall be provided per the terms of the agreement. The agreement will
be forwarded to the City Council for approval with project (parcel or final) map. The PIA
shall be approved by the City Council prior to the issuance of the project building permit.
(PUBLIC WORKS)
7. MONUMENTS: The applicant shall arrange for the engineer to have all monuments set
per the recorded final map. A certificate letter by the Surveyor or Engineer will be
provided to the City Engineer. (PUBLIC WORKS)
8. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall
prepare project Covenants, Conditions and Restrictions (CC&R) for the project. The
CC&Rs shall be submitted with the project map for review and approval of the City
Engineer, the City Attorney, and the Planning Manager. The CC&Rs shall include relevant
project Conditions of Approval and shall include language that restricts the Homeowner’s
Association from making changes to the CC&Rs without first obtaining approval from the
City. The CC&Rs shall be reviewed and approved prior to the Cit y Council approval of the
project map. (PUBLIC WORKS)
9. RECORD DRAWINGS: The applicant shall submit one full set of original record
drawings and construction specifications for all off-site improvements to the Department of
Public Works. All underground facilities shall be shown on the record drawings as
constructed in the field. The applicant shall also provide the City with an electronic copy of
the record drawings in the AutoCAD Version being used by the City at the time of
completion of the work. The applicant shall also submit an AutoCAD drawing file of all
consultants composite basemap linework showing all public improvements and utility
layouts. This condition shall be met prior to the release of utilities, final inspection, or
issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)
10. PAVEMENT RESTORATION: Due to the proposed development making pavement cuts
into the existing roadway, additional construction traffic, existing pavement condition, and
additional future traffic all reducing the City Pavement Condition Index, the developer shall
grind and pave Royal Way, from curb to curb, along the project frontage (full roadway
width) with a minimum 3” hot mix AC with pavement section dig-out repairs where
needed. The extent of the pavement section dig-out repairs to be determined by the
developer’s geotechnical engineer and to be confirmed by the City Engineer. Identify this
item on the first building submittal. (PUBLIC WORKS)
Resolution No. 2022-87
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 6 of 7
11. STREET RESURFACING PRIOR TO ACCEPTANCE: Streets in the public right of
way shall be striped in paint as a final condition prior to the beginning of the one-year
warranty period. Prior to final acceptance, the applicant shall apply a Type II
slurry/microsufacing to all streets, and apply final street markings, per the approved plans,
in thermoplastic to Caltrans Standards. All Type II slurry/microsurfacing and final striping
shall be to the approval of the City Engineer. (PUBLIC WORKS)
12. STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT:
The applicant shall execute a Stormwater Management Facilities Maintenance Agreement
with the City Engineer as specified in Chapter 7.39.210-230 of the Stormwater
Management and Discharge Control ordinance. The agreement shall outline the operation
and maintenance (O&M) plan for the permanent storm water treatment facilities. The City-
Standard Stormwater BMP Operation and Maintenance Agreement will be provided by
Public Works Engineering. The agreement shall include the following:
a. This Agreement shall also provide that in the event that maintenance or repair is
neglected, or the stormwater management facility becomes a danger to public health
or safety, the city shall have the authority to perform maintenance and/or repair
work and to recover the costs from the owner.
b. All on-site stormwater management facilities shall be operated and maintained in
good condition and promptly repaired/replaced by the property owner(s) or other
legal entity approved by the City.
c. Any repairs or restoration/replacement and maintenance shall be in accordance with
City-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of any
stormwater management facility and shall describe the maintenance to be
completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the approved
Stormwater Runoff Management Plan.
This agreement shall be executed prior to the first occupancy of the building. (PUBLIC
WORKS)
13. STORMWATER MANAGEMENT FACILITIES INSPECTION: The Stormwater
Management Facilities Maintenance Agreement work shall require inspections be
performed which shall adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit, the
applicant shall secure a QSD or QSP to maintain all erosion control and BMP
measures during construction. The applicant’s QSD or QSP shall provide the City
weekly inspection reports to the approval of the City Engineer.
b. Stormwater facility inspections shall be done at least twice per year, once in Fall by
October 1st, in preparation for the wet season, and once in Winter by March
15th. Written records shall be kept of all inspections and shall include, at minimum,
the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
Resolution No. 2022-87
Tentative Map TM 21-04; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 7 of 7
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re-inspection.
c. Upon completion of each inspection, an inspection report shall be submitted to
Public Works Engineering no later than October 1st for the Fall report, and no later
than March 15th of the following year for the Winter report.
d. Before commencing any grading or construction activities, the applicant shall obtain
a National Pollutant Discharge Elimination System (NPDES) permit and provide
evidence of filing of a Notice of Intent (NOI) with the State Water Resources
Control Board.
e. The applicant is responsible for ensuring that all contractors are aware of all storm
water quality measures and implement such measures. Failure to comply with the
approved construction BMPs will result in the issuance of correction notices,
citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/
retention basins, drain rock, etc.) shall be done toward final phases of project to
prevent silting of facilities and reduce the intended use of the facilities.
g. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or
QSD to meet the minimum design infiltration rate. All tests shall be made at on 20
ft x 20ft grid pattern over the surface of the completed stormwater facility unless
otherwise approved by the City Engineer.
All soil and infiltration properties for all stormwater facilities shall be evaluated by the
geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing with
appropriate safety factors) at horizontal and vertical (at the depth of the stormwater facility)
shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the
calculated percolation test and shall be used as the basis for design (the design percolation
rate). The geotechnical report shall include a section designated for stormwater design,
including percolation results and design parameters. (PUBLIC WORKS)
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2022-87 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 21, 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 21, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)