HomeMy WebLinkAboutResolution No. 2026-27 | Tentative Map 95 Howson Street (APN 790-36-012) | Adopted 05/04/2026
RESOLUTION NO. 2026-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A TENATIVE MAP TO
SUBDIVIDE UP TO 42 TOWNHOMES ON A 1.99-ACRE
PROPERTY LOCATED AT 95 HOWSON STREET, APN:
APN 790-36-012 (FILE NUMBER TM 24-01)
WHEREAS, on March 26, 2024, Bebek Development Company submitted an application
for approval of a vesting tentative map to subdivide property at 95 Howson Street, within the
Downtown Gateway District, for the development of 42 townhome units; 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, for review and comment. No service issues or changes have been identified or
required as a result of this review; and
WHEREAS, on February 3, 2026, the application submittal was accepted as complete;
and
WHEREAS, the Gilroy City staff conducted a full analysis of the project to ensure
compliance with the City’s General Plan, Zoning Ordinance, Engineering Design requirements
and all other applicable laws, regulations and standards, as further explained in detail in the city
staff report to the Planning Commission and City Council; and
WHEREAS, the Project has been determined to be categorically exempt from
environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines
Section 15332 (Class 32) which applies to in-fill development that is consistent with the applicable
general plan designation and all applicable general plan policies as well as with applicable zoning
designation and regulations, located within the City limits and of a size of no more than five acres,
substantially surrounded by urban uses, within an area that has no value as habitat for endangered,
rare or threatened species, and would not result in any significant effects relating to traffic, noise,
air quality, or water quality, and can adequately be served by all required utilities and publi c
services; and
WHEREAS, on April 2, 2026, the Planning Commission held a duly noticed public
meeting, at which time the Planning Commission received the staff report and considered all
evidence, including written and oral public testimony; and
WHEREAS, on April 2, 2026, the Planning Commission recommended that the City
Council approve Tentative Map TM 24-07 with the findings and conditions as specified within
draft resolution; and
WHEREAS, on May 4, 2026, the City Council held a duly noticed public meeting at which
time the Council; received the staff report and considered all evidence, including written and oral
public testimony related to the project; and
WHEREAS, the City may deny a tentative map only if, based on substantial evidence in
the record, it makes one or more of the seven findings for denial as prescribed by Government
Code Section 66474. Staff has reviewed these findings and determined that denial is not supported;
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Resolution No. 2026-27
TM 24-01 95 Howson Street
City Council Regular Meeting | May 4, 2026
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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 City Council of Gilroy hereby
approves Tentative Map TM 24-07, pursuant to Gilroy City Code Chapter 21 and subject to all
conditions for filing of a final map as identified in Exhibit A to this resolution, based on the fact
that the findings required for denial of the map pursuant to Government Code Section 66474 are
not made, as follows:
A. That the proposed subdivision is not consistent with the applicable general and
specific plan as specified in Gov. Code Section 65451.
This finding does not support denial. The proposed map is consistent with the
General Plan polices as it will promote connectivity, provide adequate access, and
provide a needed housing type.
B. That the design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans.
This finding does not support denial. The subdivision is consistent with the
Downtown Specific Plan by promoting residential development in a contemporary
architectural style with three story structures that form a pleasant looking arrival to
Downtown.
C. That the site is not physically suitable for the type of development.
This finding does not support denial. The site is physically suitable for the
townhome development give that it has adequate layout, lot sizes accommodate the
proposed buildings, and will have all needed improvements, dedications, and
easements.
D. That the site is not physically suitable for the proposed density development.
This finding does not support denial. The site is physically suitable for the proposed
density given that it abides by the Downtown Specific Plan, 2040 General Plan, and
Gilroy City Code.
E. That the design of the proposed subdivision or the proposed improvements are
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
This finding does not support denial. The subdivision or improvements are unlikely
to cause substantial environmental damage because the site is currently developed,
there is no sensitive habitat on or near the property, and the project qualifies for an
infill exemption pursuant to section 15332 of the California Environmental Quality
Act.
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City Council Regular Meeting | May 4, 2026
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F. That the design of the subdivision or type of improvements is likely to cause
serious public health problems.
This finding cannot be made. The subdivision and improvements are unlikely to
cause serious public health problems given that the project will address an open soil
contamination case prior to occupancy, provide all needed utilities, and avoids any
operational.
G. 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. In this connection, the governing
body may approve a map if it finds that alternate easements, for access or for
use, will be provided, and that these will be substantially equivalent to ones
previously acquired by the public. This subsection shall apply only to
easements of record or to easements established by the 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.
This finding does not support denial. The subdivision or improvements will not
conflict with easements given that all required easements and dedications are being
provided.
PASSED AND ADOPTED this 4th day of May 2026 by the following roll call vote:
AYES: COUNCIL MEMBERS: BRACCO, CLINE, FUGAZZI, HILTON,
MARQUES, RAMIREZ, BOZZO
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:
Kim Mancera, City Clerk
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Resolution No. 2026-27
TM 24-01 95 Howson Street
City Council Regular Meeting | May 4, 2026
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EXHIBIT A
TM 24-01
95 Howson Street
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. RELATED ENTITLEMENTS: This permit is subject to the plans, findings, and
conditions of approval for AS 24-07 (Resolution No. 2026-02) and V 26-01
(Resolution No. 2026-01) (i.e. related and/or concurrent entitlement requests).
2. TENTATIVE MAP: An approved tentative map or vesting tentative map shall expire
twenty-four (24) months from the approval date and may be extended pursuant to
the provisions of the Map Act, if the final map is not approved prior to expiration.
The following conditions shall be met prior to the approval of the FINAL MAP or
PARCEL MAP, or other deadline as specified in the condition.
3. HOMEOWNERS’ ASSOCATION: Developer shall establish a Homeowners’
Association (HOA) for the development prior to final occupancy. The HOA shall be
responsible for the maintenance and enforcement of parking, private streets,
landscaping, recreation and other interior areas held in common by the HOA. Such
responsibilities shall be provided within the Covenants, Conditions, and Restri ctions
(CC&Rs) for the development. The City shall review all CC&Rs prior to recordation.
4. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions,
and restrictions (CC&Rs) applicable to the project property shall be consistent with
the terms of this permit and the City Code. If there is a conflict between the CC&Rs
and the City Code or this permit, the City Code or this permit shall prevail. The
following project specific conditions should be incorporated into the CC&R’s:
• Refuse Containers. The HOA shall provide a map to all residents identifying
the location for individual unit’s placement of refuse containers to be serviced
by Recology. Refuse containers may not be stored on private streets for
longer than 24 hours. Storage of containers shall not be visible from the public
right of way and must be stored in a concealed location.
• Driveways. Driveway approaches for the individual units shall not be used for
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Resolution No. 2026-27
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City Council Regular Meeting | May 4, 2026
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vehicle parking.
5. STREET NAMES. Prior to approval of Final Map, the project’s street names shall be
reviewed and approved by the Street Naming Task Force.
PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions shall be met prior to the approval of the FINAL MAP or
PARCEL MAP, or if another deadline is specified in a condition, at that time.
6. DEDICATIONS: The owner shall make all right of way dedications as shown per
the approved entitlement plans. (PUBLIC WORKS).
7. DEDICATION OF EASEMENT: The applicant shall dedicate all necessary Public
Utility Easements per City Standard. (PUBLIC WORKS)
8. DRIVEWAY ACCESS EASEMENT: The applicant or owner shall dedicate reciprocal
driveway ingress and egress easements, as delineated on the approved plans. Said
easements shall be approved by both affected property owners. The easements
shall be approved by the City Engineer, recorded with the County Recorder’s Office,
and a recorded copy of the document returned to the City prior to the release of the
first building permit. The easement may also be designated on any associated parcel
or subdivision map. (PUBLIC WORKS)
9. SUBDIVISION (FINAL) MAP: The applicant shall have a subdivision map, prepared
by a person authorized to practice land surveying in California, delineating all parcels
created or deleted and all changes in lot lines in conformance with the Gilroy
Municipal Code. The Final Subdivision Map shall be approved by the Department of
Public Works and recorded by the County Recorder’s Office prior to (occupancy) or
(the issuance of the first building permit). A map guarantee shall be submitted to the
City, by the applicant’s title company, prior to release of the map to the title company
for recordation. Prior to the City’s release of the parcel map to the title company, the
applicant may, at the discretion of the City Engineer, be required to submit to the City
an electronic copy of the map in the AutoCAD Version being used by the City at the
time of recordation. It is the applicant's responsibility to check with their title company
and the County Recorder’s Office to determine the time necessary to have the map
recorded after City approval.
The Subdivision (Final) Map shall be presented to the City Council for review and
action. The City Council meeting will be scheduled approximately fifty (50) days
after the Subdivision (Final) Map is deemed technically correct, and Improvement
Plans with supporting documents, reports and agreements are approved by the
City. Executed Subdivision (Final) Map shall be returned to the City Public Works
Department if Subdivision (Final) Map has not been filed in the County Recorder’s
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City Council Regular Meeting | May 4, 2026
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Office within ninety (90) days from the date of City Council’s approval. (Note: This
item to also be added for condominium projects.) (PUBLIC WORKS)
10. PROPERTY IMPROVEMENT AGREEMENT (PIA): The applicant shall enter into a
public improvement agreement with the City per Gov. Code Section 66462(a), and
shall arrange to provide Payment and Performance bonds each for 100% of the cost
of public infrastructure improvements to be constructed in th e public right-of-way.
These improvements shall include, but not be limited to, roadway construction,
sidewalk, curb and gutter, water lines, storm lines, sewer lines, street lights, and
signal equipment. City Standard insurance shall be provided per the terms of the
agreement. The agreement will be forwarded to the City Council for approval with
project (parcel or final) map. The PIA shall be approved by the City Council prior to
the issuance of the project building permit. (PUBLIC WORKS)
11. MONUMENTS: The applicant shall arrange for the engineer to have all monuments
set per the recorded final map. A certificate letter by the Surveyor or Engineer will
be provided to the City Engineer. (PUBLIC WORKS)
12. COVANANTS, CONDITIONS & RESTRICTIONS (CC&R): The applicant shall
prepare project Covenants, Conditions and Restrictions (CC&R) for the project. The
CC&Rs shall be submitted with the project map for review and approval of the City
Engineer, the City Attorney, and the Planning Manager. The CC&Rs s hall include
relevant project Conditions of Approval and shall include language that restricts the
Homeowner’s Association from making changes to the CC&Rs without first obtaining
approval from the City. The CC&Rs shall be reviewed and approved prior to final
occupancy. (PUBLIC WORKS)
13. RECORD DRAWINGS: The applicant shall submit one full set of original record
drawings and construction specifications for all off -site improvements to the
Department of Public Works. All underground facilities shall be shown on the record
drawings as constructed in the field. The applicant shall also provide the City with
an electronic copy of the record drawings in the AutoCAD Version being used by the
City at the time of completion of the work. The applicant shall also submit an
AutoCAD drawing file of all consultants composite basemap linework showing all
public improvements and utility layouts. This condition shall be met prior to the
release of utilities, final inspection, or issuance of a certificate of occupancy,
whichever occurs first. (PUBLIC WORKS)
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Resolution No. 2026-27
TM 24-01 95 Howson Street
City Council Regular Meeting | May 4, 2026
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CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2026-27 is an original resolution, or true and correct copy of a City Resolution,
duly adopted by the Council of the City of Gilroy at a Regular Meeting of said Council held on
Monday, May 4, 2026, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this Wednesday, May 6, 2026.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
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