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Resolution No. 2023-04 | Gilroy Square MND | Adopted 05/04/2023MND SCH2023010472 RESOLUTION NO. 2023-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR GILROY SQUARE PROJECT, INCLUDING ZONE CHANGE, PLANNED UNIT DEVELOPMENT ZONING AMENDMENT, ARCHITECTURAL AND SITE REVIEW AND TENTATIVE MAP ENTITLEMENTS FOR DEVELOPMENT OF 10.18 ACRES OF PROPERTY WITHIN GILROY CROSSINGS PHASE II, C3-HC-M2 PUD OVERLAY ZONE DISTRICT, LOCATED AT 6970 CAMINO ARROYO, APN 841-70-049 (SCH 2023010472) WHEREAS, on July 29, 2021, Bhagirath Desai, Temple Gilroy LLC submitted an application requesting planned development zone change, architectural and site review and tentative map zoning entitlements 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, all of which would be on separate new parcels; and WHEREAS, on July 7, 2022, the application submittal was accepted as complete; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) environmental review was required to identify, evaluate and disclose the potential environmental effects of the project before the City could consider the project merits. In accordance with CEQA Section 15070 of the California Code of Regulations, the City of Gilroy Planning Division prepared an Initial Study and determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent; and WHEREAS, the draft mitigated negative declaration was published and circulated for a 30-day public review from January 27, 2023 through February 27, 2023; and WHEREAS, minor comments on the draft mitigated negative declaration were received during the public review period, and responses to the comments were prepared that resulted in no changes being made to the analysis, conclusions and determinations of the environmental document; and WHEREAS, on May 4, 2023 the Planning Commission held a duly noticed public meeting, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony on the Gilroy Square project mitigated negative declaration and the project zoning applications; and DocuSign Envelope ID: CE62B8CC-304C-4508-AC02-7EC86BB19360 Resolution No. 2023-04 Page 2 MND -- Gilroy Square WHEREAS, the Planning Commission based on its independent judgement and analysis of the whole record before it, including the initial study, mitigated negative declaration together with comments received during the public review period, has determined that the mitigated negative declaration has adequately evaluated the potential impacts of the Gilroy Square project and that there is no substantial evidence that the project will have a significant effect on the environment with the mitigation measures included; 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 the City Council adopt the mitigated negative declaration and mitigation monitoring and reporting program prepared by the City of Gilroy environmental consultant, EMC Planning Group January 2023 and revisions dated March 7, 2023 to analyze the proposed Gilroy Square project. PASSED AND ADOPTED this 4th day of May, 2023 by the following roll call vote: AYES: Commissioner Elle, Lewis, Montez, Ramirez, Vice Chair Kushner, and Chair Bhandal NOES: None ABSENT: Commissioner Leongardt ATTEST: APPROVED: _________________________________ __________________________________ Sharon Goei, Secretary Manny Bhandal, Community Development Director Chairperson Attachments: Mitigated Negative Declaration - Revised Mitigation Monitoring and Reporting Program DocuSign Envelope ID: CE62B8CC-304C-4508-AC02-7EC86BB19360