Ordinance No. 2022-14 | Planning Unit Development Zoning Amendment Z 21-05; Royal Way Townhomes Project | Adopted 12/05/2022
ORDINANCE NO. 2022-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A PLANNED UNIT
DEVELOPMENT OVERLAY ZONING AMENDMENT FOR
PROPERTY LOCATED ON ROYAL WAY APN: 790-44-93,
94, 95, 96, 97, 98, 101, 109 & 110, GILROY, CA 95020 (FILE
NUMBER Z 21-05)
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, the project has been reviewed and determined to qualify 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, as follows:
i) The project is consistent with the applicable general plan medium density land
use designation, all applicable general plan policies that promote attached
medium density development of the site as proposed, and CEQA Guidelines
Section 15183 that states the no additional environmental review is for a project
consistent with the general plan where there are no particular project -specific
significant effects.
ii) The project is substantially consistent with the base R3 zoning designation and
regulations, with the flexibility to the zoning standards that have been
considered and approved through the PUD overlay process in order to permit
attached townhome development consistent with the General Plan.
iii) The proposed development occurs within city limits on a project site of no more
than five acres which is substantially surrounded by urban uses.
iv) The site has no value as a habitat for endangered, rare, or threatened species.
v) Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality and proposes development anticipated
by the General Plan and General Plan EIR.
vi) The site can be adequately served by all required utilities and public services
which ae available at the street frontage.
vii) There are no significant effects peculiar to this site which is a vacant infill site
that was previously approved for residential development and has no unique
constraints or habitat conditions.
Ordinance No. 2022-14
Planned Unit Development Zoning Amendment Z 21-05; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 2 of 4
WHEREAS, pursuant to Gilroy City Code Section 30.26.50 and Section 30.50.50, the
Planning Commission and City Council must approve the planned unit development (PUD)
rezoning request and a planned development permit prior to development under the PUD overlay;
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, considered the Planned Unit Development request (Z 21-05) and related
entitlements in accordance with the Gilroy Zoning Ordinance, staff report, and all evidence
received including written and oral public testimony and recommended approval of the project to
the City Council; and
WHEREAS, the Planning Commission concurrently reviewed and recommended to the
City Council approval of Architectural and Site Plan Review application AS 21-17, which serves
as the approved PUD development plan, to assure that quality design elements and public
amenities are included as required for development within the PUD overlay; and
WHEREAS, the Planning Commission concurrently reviewed and recommended to the
City Council approval of the Vesting Tentative Map application TM 21-04, as necessary to
subdivide the property into individual townhome lots for sale consistent with the PUD rezoning
and development plan approvals; and
WHEREAS, the Planning Commission of the City of Gilroy determined that the proposed
Planned Unit Development Zoning Map Amendment (Z 21-05) meets the findings for approval
and recommended that the City Council approve application Z 21-05, subject to Conditions of
approval.
WHEREAS, the City Council held a duly noticed public hearing on November 21, 2022,
at which time the City Council received and considered the staff report, as well as all evidence,
received including written and oral public testimony related to the project Z 21-05 and related
entitlements; 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 City Clerk’s
Office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The City Council finds pursuant to Gilroy Municipal Code Chapter 30.26 and Article LII that:
A. The R3PUD overlay conforms to the applicable Gilroy General Plan in that it
promotes attached medium-density residential development at 13.35 units per
acre, consistent with the Medium Density Residential land use density of 8 to
20 units per acre.
Ordinance No. 2022-14
Planned Unit Development Zoning Amendment Z 21-05; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 3 of 4
B. The PUD overlay amendment is necessary in order to carry out the applicable
general plan goals and policies in that it would provide an attached housing
ownership option that complies with applicable multi-family objective design
standards, provides a type of development that would integrate well within the
existing neighborhood which contains a mixture of multi-family and single-
family development, and meets the medium density general plan land use
density established for the site.
C. The PUD overlay amendment is necessary in order to carry out the general
purpose of the Zoning Ordinance in that it would promote the development of
high quality, medium density, ownership housing options within the City.
D. As required by the overlay combining district, Architectural and Site Review
Permit AS 21-17 has been submitted and considered concurrently to establish
the PUD development plan for this PUD overlay zoning amendment, and
findings have been provided to support the amendment and development plan
as required pursuant Section 30.50.50.
SECTION II
The Planned Unit Development Overlay Zoning Amendment (Z 21-05) for property
located on Royal Way, Assessor Parcel No’s 799-44-93, 94, 95, 96, 97, 98, 101, 109 and 110,
within the City of Gilroy R3 Medium Density Residential zoning district is hereby approved
subject to the following conditions:
1. The development approval shall be implemented consistent with the plans and
materials submitted for concurrent applications AS 21-17 and TM 21-04.
Should these related entitlements expire, the property may otherwise develop
under the R3 base zoning regulations.
2. The approval is subject to all, restrictions and requirements established in
Gilroy City Code Section 30.50.26 and 30.50.50 which address modifications,
time limits, violations and revocations, and revisions.
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.
Ordinance No. 2022-14
Planned Unit Development Zoning Amendment Z 21-05; Royal Way Townhomes Project
City Council Regular Meeting | November 21, 2022
Page 4 of 4
INTRODUCED the 21st day of November, PASSED AND ADOPTED this 5th day of
December 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUÑOZ, 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 (Dec 6, 2022 10:02 PST)
Marie Blankley
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2022-14 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 held on Council
held Monday, December 5, 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, December 5, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)