Resolution No. 2021-10 | Chestnut and Tenth Commercial Project Zone Change Request APN 841-66-010, 011, 014, and 015 | Adopted 09/02/2021RESOLUTION NO. 2021-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A
MITIGATED NEGATIVE DECLARATION FOR THE CHESTNUT AND
TENTH COMMERCIAL PROJECT (SCH# 2021060521), AND; APPROVAL
OF THE PROJECT ZONE CHANGE REQUEST, PURSUANT TO ARTICLE
XXVI OF THE GILROY CITY CODE, TO COMMERCIAL PLANNED
DEVLOPMENT 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 July 20, 2020, 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. submitted an application 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); and
WHEREAS, on May 6, 2021, the application submittal was accepted as complete; and
WHEREAS, an initial study/mitigated negative declaration and mitigation monitoring
and reporting program has been prepared and recommended for adoption as the environmental
document for the project, in compliance with the California Environmental Quality Act; and
WHEREAS, on June 17, 2021, environmental mitigation measures were agreed to by the
applicant as contained in a draft mitigated negative declaration (MND) environmental document
prepared for the project, and in compliance with the requirements of CEQA the MND was
published, noticed and circulated for a 30-day public review period from June 25, 2021 through
July 26, 2021; and
WHEREAS, minor comments on the MND were received during the public review
period, and responses to the comments received on the MND environmental document were
prepared that resulted in no changes being made to the analysis, conclusions and determinations
of the MND; and
WHEREAS, on August 19, 2021 at a duly noticed meeting the Planning Commission
continued the project to September 2, 2021 and 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,
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RESOLUTION NO. 2021-10
and all evidence received including written and oral public testimony related to the MND and
project; and
WHEREAS, the Planning Commission finds that 1) incorporation of the mitigation
measures identified in the Mitigated Negative Declaration prepared for the project would or
mitigate the effects to a point where clearly no significant effect on the environmental would
occur, and 2) there is no substantial evidence in light of the whole record before the Planning
Commission that the project, as proposed together with project conditions and mitigation
measures, may have a significant effect on the environment; 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 Community
Development Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby recommends to the City Council approval of the Planned Unit Development Zone
Amendment Z 20-04 as shown on the attached Zoning Change Exhibit "A" based on the
following findings 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):
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.
PASSED AND ADOPTED this 2nd day of September 2021 by the following roll call vote:
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RESOLUTION NO. 2021-10
AYES: Bhandal, Doyle, Lewis, Ridley, Jezabel Moreno, Fischer
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
e(4
aren L Garner, Director
om Fischer, Chairpe
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