Resolution No. 2021-11 | Tentative Map 20-03 Property Located at 450 E Ninth Street APN 841-66-010, 011, 014, and 015 | Adopted 09/02/2021RESOLUTION NO. 2021-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A
VESTING TENTATIVE MAP FOR PROPERTY LOCATED AT 450 E NINTH
STREET, CHESTNUT STREET, 401 AND 411 E TENTH STREET/AUTOMALL
PARKWAY, APN: 841-66-010, 011, 014 AND 015. FILE NUMBER TM 20-03
(20070020)
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 vesting tentative parcel map to re -
subdivide 6.8 acres of property in six commercial lots, as part of a planned commercial shopping
center and hotel development, for the 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 planned development rezoning
from the C3 and CM zoning districts to a C3 PUD zoning district Z 20-04 (20070021) 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 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 staff report as well as all evidence received
including written and oral public testimony related to the project; 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 find as follows:
FINDINGS
1. The proposed vesting tentative map is consistent with the underlying General Services
Commercial land use designation and the commercial planned development C3/PUD zoning
district.
2. The design and improvement of the subdivision is consistent with the applicable general plan
in that it will include all necessary roadway and frontage improvements required to comply
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with the City traffic and pedestrian circulation plans, and can be adequately served by police,
fire, water, sewer and drainage systems.
3. The site is physically sited for the proposed development intensity as the project has adequate
roadway access and the development intensity is within the floor area ratios anticipated for
commercial development of the 6.84-acre site.
4. The design of the subdivision and proposed improvements would not cause any substantial
environmental damage or injury to wildlife or habitat given that the project includes
appropriate stormwater drainage including on -site detention, finish grade elevations of the
buildings would be raised up to 1.5 feet to 173 feet elevation to comply with flood elevation
minimum requirements, the site does not have any unique environmental features, and a
habitat permit is required in compliance with the Santa Clara Valley Habitat Plan to mitigate
the nitrogen deposition resulting from the increased vehicle emissions associated with
development of the site.
5. The design of the subdivision or improvements will not cause serious public health problems
given that the site will be designed to comply with City standards for vehicular and pedestrian
access and circulation, and the site does not have any hazardous materials or uses associated
with the project.
6. The subdivision will not conflict with any public easements.
7. The site is not subject to unusual flooding or other hazardous conditions that would preclude
development of the property as proposed.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Gilroy hereby recommends to the City Council approval of TM 20-03, subject to the adoption
of the concurrent zoning ordinance amendment request Z 20-04 and a planned unit development plan
approval AS 20-14, or any subsequent amendments.
PASSED AND ADOPTED this 2nd day of September by the following roll call vote:
AYES: Bhandal, Doyle, Lewis, Ridley, Jezabel Moreno, Fischer
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
aren L. Garner, Secretary
APPROVED:
homas Fische''\Chairper
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RESOLUTION NO. 2021-11