Ordinance No. 2023-06 | PUD Zoning Amendment | Adopted 06/19/2023
ORDINANCE NO. 2023-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING GILROY CROSSINGS PHASE II
COMMERCIAL/INDUSTRIAL PLANNED UNIT
DEVELOPMENT (C3-HC-M2 PUD) ZONE DISTRICT FOR
THE GILROY SQUARE PROJECT CONSISTING OF 10.18
ACRES OF PROPERTY LOCATED AT 6970 CAMINO
ARROYO, APN: APN 841-70-049 (FILE NUMBER Z 22-02)
WHEREAS, on July 29, 2021, Bhagirath Desai, Temple Gilroy LLC submitted an
application requesting the adoption of a planned unit amendment and establishing the
development plan for Phase II of the Gilroy Crossings C3-HC-M2 PUD for the Gilroy
Square development project consisting of a drive-through restaurant, vehicle fueling
station with a convenience store and carwash, two 4 story hotels with 200 rooms, and two
speculative industrial buildings; and
WHEREAS, on May 4, 2023, the Planning Commission held a duly noticed public
hearing, considered written and oral public testimony, made affirmative findings that the
zoning amendment implements the purposes and intent of the zoning code and the
general plan goals and policies, and by a 6-0-1 vote recommended that the City Council
approve the zoning amendment; and
WHEREAS, on June 5, 2023, the City Council held a duly noticed public hearing,
considered written and oral public testimony, the staff report, and all other documentation
related to the zoning amendment; and
WHEREAS, an initial study/mitigated negative declaration (MND) and mitigation
monitoring and reporting program (MMRP) were adopted for the project by separate
resolution, which incorporates mitigation measures identified to reduce project potential
environmental impacts to less than significant, in compliance with the California
Environmental Quality Act; and
WHEREAS, the location and custodian of the documents or other materials that
constitute the record of proceedings upon which Z 22-02 approval is based in the office
of the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
Ordinance No. 2023-06
PUD Zoning Amendment
City Council Regular Meeting | June 19, 2023
Page 2 of 3
SECTION I
The City Council finds that:
A. The planned unit development zoning amendment to Z 02-06 for the subject Gilroy
Crossings Phase II Planned Unit Development (PUD) overlay zone requires approval of
a planned unit development permit prior to site development, subject to Gilroy City Code
Section 30.50.50(d) findings. The Gilroy Square project includes a concurrent
development plan permit application AS 21-13, which is incorporated herein by reference
and including any subsequent amendments that may be approved in compliance with the
PUD overlay district regulations.
B. The project conforms to the Gilroy General Plan in terms of general location and
standards of development given that the project is consistent with the General Services
and General Industrial land use designations as it consists of industrial and retail
development as anticipated for the site, has been reviewed for compliance with the
General Plan goals, and would substantially implement all applicable policies of the
General Plan.
C. The project provides the type of development that would fill a specific ne ed of the
surrounding area. The PUD is required to implement development for this site pursuant
to the original PUD and development plan approval AS 02-22 planning commission
resolution 2003-3. As proposed the general purposes and intent of the zoning code are
satisfied, including the general intent of Section 30.1.10 and the intent of Section 30.26.10
(Planned Unit Development), by proposing a planned development amendment to
support the types of commercial and industrial development anticipated for the si te and
which would benefit Gilroy residents and visitors.
D. The project will not require urban services beyond those that are currently available. All
utilities needed to serve the project are located adjacent to the property. No increase in
capacity or extension of services is required to serve buildout of the site .
E. The project reflects an economical and efficient pattern of land uses by developing the
full potential of the site intensity with commercial and industrial land uses, and promotes
an orderly pattern of development by following the existing pattern of development,
utilizing approved access points from rights of way, and providing adequate internal and
cross lot access.
SECTION II
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.
Ordinance No. 2023-06
PUD Zoning Amendment
City Council Regular Meeting | June 19, 2023
Page 3 of 3
SECTION III
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 .
PASSED AND ADOPTED this 19th day of June 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE,
MARQUES, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILTON
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (Jun 20, 2023 10:19 PDT)
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. 2023-06 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, June 19, 2023, 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, June 19, 2023.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)