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.
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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
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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.
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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.
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