Resolution No. 2023-05 | Planned Unit Development Amendment to Gilroy Crossings Phase II | Adopted 05/04/2023RESOLUTION NO. 2023-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A
PLANNED UNIT DEVELOPMENT AMENDMENT TO GILROY CROSSINGS
PHASE II C3-HC-M2 PUD ZONE DISTRICT, FOR THE GILROY SQUARE
PROJECT ON 10.18 ACRES OF PROPERTY LOCATED AT 6970 CAMINO
ARROYO, APN: APN 841-70-049 (FILE NUMBER Z 22-01)
WHEREAS, on July 29, 2021, Bhagirath Desai, Temple Gilroy LLC submitted an
application requesting planned development zone change for property designated for
development as phase II of an existing C3-HC-M2 PUD overlay district known as Gilroy
Crossing, originally approved by Ordinance 2003-01, City File Z 02-06; and
WHEREAS, in accordance with the PUD overlay requirements the rezoning request
includes an architectural and site review application request for approval of the project site plan
and design, along with a tentative parcel map to create six separate lots for proposed
development with 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, an initial study/mitigated negative declaration (MND) and mitigation
monitoring and reporting program (MMRP) has been adopted for the project by separate
resolution, and the mitigation monitoring and reporting program shall apply to approve of project
zoning entitlements, which incorporates the mitigation measures identified in the MND to reduce
the project potential environmental impacts to less than significant, in compliance with the
California Environmental Quality Act; 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 zoning
amendment and related entitlements; and
WHEREAS, in accordance with City of Gilroy Zoning Code Section’s 30.52.40 and
Section 30.52.60, the Planning Commission finds that the proposed Zoning Ordinance Planned
Unit Development Amendment is necessary to implement the general purposes and intent of the
zoning code, including Section 30.1.10 and Section 30.26.10, and the goals and policies of the
2040 General Plan, by proposing a planned development amendment to support the types of
commercial and industrial development anticipated for the site and which would benefit Gilroy
residents and visitors; and
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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 to the City Council the approval of Zoning Amendments Z22-01 as
identified in Exhibit A to this Resolution,
PASSED AND ADOPTED this 4th day of May 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, Chairperson
Community Development Director
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Exhibit A
ORDINANCE NO. 2023-XX
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 22-01)
WHEREAS, on July 29, 2021, Bhagirath Desai, Temple Gilroy LLC submitted an
application requesting adoption of a planned unit amendment and establish 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
WEREAS, 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 _____ vote recommended that the City Council approve the zoning amendment;
and
WHEREAS, on June __, 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 22-01 approval is based is the office of the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
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 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
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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 need 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 site 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.
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
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PASSED AND ADOPTED this __ day of ____ , 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
_____________________________
Marie Blankley, Mayor
ATTEST:
_____________________________
Thai Pham, City Clerk
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