Resolution No. 2023-07 | Tentative Map (TM 21-02) Gilroy Square Project | Adopted 05/04/2023RESOLUTION NO. 2023-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
TENTATIVE MAP FOR THE GILROY SQUARE PROJECT 10.18 ACRE
PROPERTY LOCATED AT 6970 CAMINO ARROYO, APN: APN 841-70-049
(FILE NUMBER TM 21-02)
WHEREAS, on July 29, 2021, Bhagirath Desai, Temple Gilroy LLC submitted an
application for the Gilroy Square project requesting planned unit development zone change for
the Gilroy Crossings C3-HC-M2 PUD phase II, architectural and site review for the PUD
amendment, and tentative map to create six parcels for proposed development 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, in compliance with the Subdivision Map Act the tentative map was referred
to all utility and service providers for review and comment, including PG&E, Spectrum,
Verizon, and local agencies, and no service issues or changes have been identified or required as
a result of this review; 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, 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 City Council approval of Tentative Map TM 21-02, pursuant to Gilroy
City Code Chapter 21 and subject to all conditions for filing of a final map as identified in Exhibit
A of the related entitlement AS 21-13, based on the fact that the findings required for denial of the
map pursuant to Government Code Section 66474 are not made, as follows:
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A. Finding that the subdivision is not consistent with applicable general and specific
plans as specified in 65451 cannot be made given the fact that the project
implements the general plan commercial services and general industrial land use
designations;
B. Finding that the design or improvement of the subdivision is not consistent with
applicable general and specific plans cannot be made based on the fact that the
project has been reviewed by all city departments and service providers, which have
confirmed existing capacity exists for serve site buildout as proposed and
conditioned, and that the existing and proposed improvements meet City standards
for the project and as anticipated for development within the PUD overlay district;
C. Finding that the site is not physically suitable for the type of development cannot
be made. The site is physically suitable for this type of development because it is
generally consistent with the City’s Zoning Ordinance, Subdivision and Land
Development Code;
D. Finding that the site is not physically suitable for the proposed density of
development cannot be made as the project does not include any residential density
and the commercial and industrial development are within the allowable floor area
ratios;
E. Finding that the design of the subdivision or the proposed improvements are likely
to cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat cannot be made. Environmental review has been
prepared that includes mitigation measures to avoid any such impacts, the site is
within a developed urban area and is not in or adjacent unique sensitive habitat
areas, and the project shall pay habitat permit impact fees applicable to the project
pursuant to the Santa Clara Valley Habitat Plan which is adopted to mitigate
impacts of development on local flora and fauna;
F. Finding that the design of the subdivision or type of improvements are likely to
cause serious public health problems cannot be made given that the site is located
within an urban context and has access to urban services including sewer and water;
and
G. Finding that the design of the subdivision or the type of improvements will conflict
with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision cannot be made given that there are no
existing access easements encumbering this property. Easements for pedestrian
access will be provided. This subsection shall apply only to easements of record or
to easements established by judgment of a court of competent jurisdiction and no
authority is hereby granted to a legislative body to determine that the public at large
has acquired easements for access through or use of property within the proposed
subdivision.
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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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