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Resolution No. 2022-17 | TM 22-04 Property Located 778 First Street into Two Parcels | Adopted 10/06/20221 RESOLUTION NO. 2022-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING APPROVAL TO THE GILROY CITY COUNCIL OF A TENTATIVE MAP FOR PROPERTY LOCATED AT 778 FIRST STREET INTO TWO PARCELS, APN’S: 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, 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 the City’s General Plan and Zoning, seeks no exceptions or variances, and all services and access to the resulting parcels is 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, 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 finds as follows: FINDINGS 1. The proposed Tentative Map to subdivide an approximately 1.73 acre site 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 and the City's Subdivision and Land Development Code, and the State Subdivision Map Act in that the proposed subdivision does not alter the existing mix of uses or make prohibitive a mix of commercial uses on the resulting parcels. 2. The site is physically suitable for the type of development given that it is a level site that is not in flood prone location does not have unique physical constraints and the size and geometry of the property complies with all applicable codes and ordinances and there are no exceptions to the site development standards of the C-3 Zone District. DocuSign Envelope ID: A8ACBF75-3616-4098-B6D7-FDADEB6F2C82 Resolution No. 2022-17 Page 2 3. 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 is available. 4. 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. 5. 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 Planning Commission of the City of Gilroy hereby recommends to the Gilroy City Council approval of Tentative Map Application No. TM 22-04, subject to the conditions attached hereto as Attachment A. PASSED AND ADOPTED this 6th day of October by the following roll call vote: AYES: Elle, Kushner, Leongardt, Lewis, Moreno NOES: None ABSENT: Bhandal ATTEST: APPROVED: _________________________________ __________________________________ Sharon Goei, Secretary Annedore Kushner, Vice Chair DocuSign Envelope ID: A8ACBF75-3616-4098-B6D7-FDADEB6F2C82 Resolution No. 2022-17 Page 3 ATTACMENT A 778 FIRST STREET, TM 22-04 TENTATIVE MAP CONDITIONS OF APPROVAL 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. DocuSign Envelope ID: A8ACBF75-3616-4098-B6D7-FDADEB6F2C82 Resolution No. 2022-17 Page 4 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 DIVISION 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. DocuSign Envelope ID: A8ACBF75-3616-4098-B6D7-FDADEB6F2C82