Resolution No. 2018-16 | Mitigated Negative Declaration and Zone Amendment (Z 18-05) to Approve the Development Plan for Construction at First Street and Kelton Drive | Adopted 11/01/2018RESOLUTION NO.2018-16
A RESOLUTION OF THE PLANNING COMNIISSION OF THE CITY OF GILROY
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A MITIGATED
NEGATIVE DECLARATION AND APPROVAL OF ZONE CHANGE Z 18-05, A
PLANNED UNIT DEVELOPMENT ZONING AMENDMENT, TO APPROVE THE
DEVELOPMENT PLAN FOR CONSTRUCTION OF A 12,000 SQUARE FOOT
COMMERCIAL DEVELOPMENT PROJECT AT FIRST STREET AND KELTON
DRIVE, FILED BY DONALD VANNI LAND COMPANY, 8080 SANTA TERESA
BLVD SUITE 210, GILROY, CA 95020.
WHEREAS, on July 28, 2017, Donald Vanni Land Company, LLC submitted an
application requesting architectural and site review for a 12,000 square foot commercial
development project on a 1.42 acre vacant in -fill site located at the northwest intersection of
Kelton Drive and First Street (aka, the Patio), within the C3-PUD zoning district (APN: 790-39-
025); and
WHEREAS, on December 2, 2017, the application submittal was accepted as complete
and environmental review was initiated for preparation of a mitigated negative declaration in
compliance with the California Environmental Quality Act; and
WHEREAS, pursuant to Gilroy City Code Section 30.26.50 and Section 30.50.50, the
Planning Commission and City Council must approve a planned unit development design permit
for the property. The planned unit development design permit must be processed as a zone change
before construction of the vacant property within the planned unit development overlay district.
Therefore, application Z 18-05 would amend the planned unit development overlay district by
establishing the planned unit development design requirements for the project; and
WHEREAS, on July 30, 2018, environmental mitigation measures were agreed to by the
applicant as contained in a draft mitigated negative declaration (MND) environmental document
prepared for the project, which was published on August 8, 2018 and circulated for a 30-day
public review from August 10, 2018 through September 11, 2018; and
WHEREAS, minor comments on the MND were received during the public review period,
and responses to the comments received on the MND environmental document were prepared that
resulted in no changes being made to the analysis, conclusions and determinations of the MND;
and
WHEREAS, the Mitigated Negative Declaration prepared for the First and Kelton
Commercial project determined that while the proposed project would result in less than significant
effects on the environment, the project has been mitigated to a point where no significant effects will
occur; and
WHEREAS, the First and Kelton Commercial Project Mitigated Negative Declaration has
Resolution No. 2018-16
Page 2
been considered by the planning commission together with the project applications; and
WHEREAS, the planning commission of the city of Gilroy has considered the concurrent
architectural and site plan review application AS 17-25 by separate resolution, making all necessary
findings and including conditions of approval to assure that the quality design elements and public
amenities are included as required for development within the PUD overlay zoning, and in accordance
with all requirements of the City of Gilroy Zoning Ordinance; and
WHEREAS, onNovember 1, 2018, at a duly noticed public hearing theplanning commission
of the city of Gilroy has considered the project including the MND and zone change request (Z 18-
05), in accordance with the Gilroy Zoning Ordinance Section 30.50.50, that requires adoption of the
development plan prior to concurrent with architectural and site review; and
WHEREAS, the planning commission of the city of Gilroy has considered the project staff
report dated November 1, 2018 along with testimony received at the duly -noticed public hearing and
other materials; and
WHEREAS, the Planning Commission finds the proposed Planned Unit Development design
complies with all required Planned Unit Development findings, as stated in the accompanying
resolution for approval of AS 17-25, which are incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby recommends to the City Council the approval of the Planned Unit Development Zone
Amendment.
PASSED AND ADOPTED this I" day of November 2018 by the following roll call vote:
AYES: Kim, Armendariz, Ashford, Estorga, Rodriguez, Fisher
NOES:
ABSENT: Scheel
ATTEST:
Susan L. O'Strander, Deputy Director
APPROVED:
POD Z18-05