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HomeMy WebLinkAboutResolution No. 2023-57 | Approval of TM 23-01 | Adopted 10/02/2023 RESOLUTION NO. 2023-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO APPROVE A TENTATIVE PARCEL MAP TO SUBDIVIDE PROPERTY INTO SEVEN PARCELS, LOCATED AT 6955 CAMINO ARROYO, APN: 841-70-036 and 841-70- 045 (FILE NUMBER TM 23-01) WHEREAS, On May 15, 2023, an application was filed by Elan Sippel-Feldman representing Joule Crossing Owner, LLC proposing the subdivision of two parcels at 6955 Camino Arroyo within the C3/HC/M2-PUD, Commercial/Industrial Planned Unit Overlay zone district; and WHEREAS, the application submittal was accepted as complete on August 8, 2023; and WHEREAS, the proposed subdivision qualifies as exempt from further environmental review and qualifies for the State CEQA Guidelines section 15061 (b), the “common sense” exemption, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment since the proposed subdivision will not result in new development; is in conformance with the City’s General Plan and Zoning; does not seek exceptions or variances; and all services and access to the resulting parcels are in place; and WHEREAS, the Planning Commission held a duly noticed public meeting on September 7, 2023, at which time the Planning Commission received and considered the staff report as well as all evidence received, including written and oral public testimony related to the project; and WHEREAS, the City may deny a tentative map only if, based upon substantial evidence in the record, it makes one or more of the seven listed findings for denial prescribed by Government Code Section 66474. Staff has reviewed the findings and concluded that project denial based on these findings would not be supported, and alternatively, that each of the seven findings may be made to support approval of the project; and WHEREAS, the City Council held a duly noticed public meeting on October 2, 2023 at which time the Council received and considered the staff report as well as all evidence received including written and oral public testimony related to the project; 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 the City of Gilroy hereby finds as follows: In order to deny the map, the City Council would have to make one or more of seven listed findings prescribed by Government Code Section 66474 based upon substantial Resolution No. 2023-57 TM 23-01 City Council Regular Meeting | October 2, 2023 Page 2 of 5 evidence in the record. The seven findings are listed below, along with an explanation for each one as to why the City Council cannot make the finding: 1. The proposed subdivision TM 23-01 is not consistent with applicable general and specific plans as specified in 65451. This Finding cannot be made. The proposed subdivision TM 23-01 is generally consistent with the goals and policies of the City’s General Plan. 2. That the design or improvement of the proposed subdivision TM 23-01 is not consistent with the applicable general and specific plans. This Finding cannot be made. The proposed subdivision TM 23-01 is generally consistent with the goals and policies of the City’s General Plan. 3. That the site is not physically suitable for the type of development. This Finding 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. 4. That the site is not physically suitable for the proposed density of development. This Finding cannot be made. The site is physically suitable for this density of development because it is generally consistent with the City’s Zoning Ordinance. 5. That the design of the proposed subdivision TM 23-01 or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. This Finding cannot be made. The design of the subdivision and the proposed improvements will not cause substantial environmental damage, or substantially injure fish or wildlife because the site is located within a developed urban context and is not in or adjacent to any sensitive habitat areas. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems. This Finding cannot be made. The design of the proposed subdivision TM 23-01 will not cause serious public health problem s because the site is located within an urban context and has access to urban services including sewer and water. Resolution No. 2023-57 TM 23-01 City Council Regular Meeting | October 2, 2023 Page 3 of 5 7. That the design of the proposed subdivision TM 23-01 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 equ ivalent to ones previously acquired by the public. 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. This Finding cannot be made. The design of the proposed subdivision TM 23-01 will not conflict with existing access easements. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Gilroy hereby approves Tentative Map Application No. TM 23-01, subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 2nd day of October 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 (Oct 4, 2023 15:05 PDT) Marie Blankley Resolution No. 2023-57 TM 23-01 City Council Regular Meeting | October 2, 2023 Page 4 of 5 EXHIBIT A TENTATIVE MAP CONDITIONS OF APPROVAL GILROY CROSSING TENTATIVE PARCEL MAP TM 23-01 PLANNING DIVISION CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1. APPROVED PROJECT: Tentative Parcel Map TM 23-01 approval is granted to subdivide two developed commercial parcels totaling 21.36+/- acres into seven commercial parcels as shown on the proposed map prepared by Kimley Horn, designated KHA project 197422005, with the title “Sheet Number TM-1, Gilroy Grossing, Camino Arroyo and HWY 152”, with preparation date 07//2023. Any future adjustment or modification to the plans, including any changes made at time of building permit submittal, shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council. 2. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant. 3. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. 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. Resolution No. 2023-57 TM 23-01 City Council Regular Meeting | October 2, 2023 Page 5 of 5 4. TENTATIVE MAP: An approved tentative parcel map, which shall expire twenty- four (24) months from the approval date, may be extended pursuant to the provisions of the Map Act. 5. 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. 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. PARCEL MAP: It shall be the applicant's responsibility to have a parcel 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 parcel map shall be approved by the Department of Public Works and recorded with the County Recorder’s Office prior to the issuance of any City permits. A parcel map guarantee shall be submitted to the City, by the applicant’s title company, prior to release of the pa rcel map to the title company for recordation. Prior to the City’s releas e 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. (PUBLIC WORKS) 7. EASEMENTS: This parcel map shall establish all necessary Public Service Easement for all existing public facilities within the map boundaries. (PUBLIC WORKS) 8. TRASH ENCLOSURES: All existing shared trash enclosures shall have access rights established with this parcel map. (PUBLIC WORKS)  CERTIFICATE OF THE CLERK  I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2023-57 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, October 2, 2023, 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, October 4, 2023. ____________________________________ Thai Nam Pham, MMC, CPMC City Clerk of the City of Gilroy (Seal)