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HomeMy WebLinkAboutResolution No. 2023-40 | Gilroy Square Project - Tentative Map | Adopted 06/05/2023 RESOLUTION NO. 2023-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A 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 project mitigated negative declaration and the project zoning applications, and voted 6-0-1 to recommend that the City Council adopt the mitigated negative declaration and approve the zoning entitlements for the project; and WHEREAS, on June 5, 2023, the City Council held a duly noticed public meeting, at which time the Council 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 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 office of the City Clerk. Resolution No. 2023-40 Gilroy Square Project – Tentative Map City Council Regular Meeting | June 5, 2023 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby approves 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: 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 mea sures 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 Resolution No. 2023-40 Gilroy Square Project – Tentative Map City Council Regular Meeting | June 5, 2023 Page 3 of 3 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. PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 5th day of June 2023 by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE, HILTON, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk Marie Blankley (Jun 7, 2023 10:01 PDT) Marie Blankley CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2023-40 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 held on Council held Monday, June 5, 2023, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, June 5, 2023. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal)