Resolution No. 2022-08 | Z 21-04 Zoning Amendmnet on Gurries Drive | Adopted 07/07/2022 RESOLUTION NO. 2022-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A
PLANNED UNIT DEVELOPMENT ZONING AMENDMENT (Z 21-04) FOR
PROPERTY LOCATED ON GURRIES DRIVE (APN: 790-35-038, 039, & 054)
WHEREAS, on July 22, 2021 an application was resubmitted by El Encanto III LLC
proposing subdivision of an 8,256 square foot site into four lots, located on Gurries Drive (APN:
790-35-038, 039, & 054) within the City of Gilroy R3 Medium Density Residential zoning district
(“Project”); and
WHEREAS, the application was resubmitted on May 11, 2022 and accepted as complete on
May 11, 2022; and
WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040
General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all
of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines
as well as all sections required to be included in an EIR; and
WHEREAS, the project has been determined to be exempt from the California
Environmental Quality Act (CEQA) under a Statutory Exemption pursuant to Public Resources Code
section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General Plan,
Community Plan or Zoning). Public Resources Code Section 21083.3 allows a lead agency to avoid
repeating analyses that were already provided in a certified General Plan EIR and where projects are
zoned to accommodate a particular density of development; and
WHEREAS, the Planning Commission held a duly noticed public meeting on July 7, 2022, 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 Z 21-04; 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.
WHEREAS, the Planning Commission of the City of Gilroy has determined that the
proposed Planned Unit Development design complies with all required Planned Unit Development
findings, presented below:
A. “The project conforms to the Gilroy General Plan in terms of general location and
standards of development.”: The proposed density is consistent with the Medium Density
General Plan land use designation and R-3 zoning designation. This designation is
intended primarily for multi-family attached structures (townhomes, condominiums,
apartment buildings). Per the General plan, buildings are typically two to three stories tall.
“The project provides the type of development that will fill a specific need of the
surrounding area.”: The townhome project is consistent with Housing Element Goal H-1
(Housing Production) that strives to provide adequate residential sites to accommodate
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Resolution No. 2022-08
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projected housing needs and encourage the production of a variety of housing types.
Smaller lots accommodate smaller units, such as the 1,576 square foot units being
proposed, which is typically a more affordable housing option than the typical detached
single-family housing that is predominate in Gilroy.
B. “The project will not require urban services beyond those that are currently available.”:
All utilities needed to serve the project are located adjacent to the property.
C. “The project provides a harmonious, integrated plan that justifies exceptions, if such are
required, to the normal requirements of this ordinance.”: The proposed development
proposes reduced setbacks in order to achieve the allowable density and still provide a
reasonable unit size (1,576 square feet). The site layout and building design is compatible
with the surrounding townhome units. The townhome project is consistent with Housing
Element Goal H-1 (Housing Production) to provide adequate residential sites to
accommodate projected housing needs and encourage the production of a variety of
housing types.
D. “The project reflects an economical and efficient pattern of land uses.”: The project
proposes an economical and efficient pattern of land uses by developing the full potential
of the allowed density of the medium density land use designation.
E. “The project includes greater provisions for landscaping and open space than would
generally be required.”: The private rear yards area are a minimum 230 square feet in
area, exceeding the minimum 150 square foot area for R3 properties (City Code section
30.7.5).
F. “The project utilizes aesthetic design principles to create attractive buildings and open
space areas that blend with the character of surrounding areas.”: In keeping with the
existing surrounding development, the units have been designed with multiple wall
planes, varying roof lines, and two (2) different exterior materials (lap siding and board
and batt). Entry porches are stepped back from the façade of the building.
G. “Not create traffic congestion, noise, odor, or other adverse effect on surrounding
areas.”: The infill project is designed in a consistent manner with the surrounding
properties so as not to create any traffic congestion, noise, odor, or other adverse effect on
surrounding areas.
H. “The project provides adequate access, parking, landscaping, trash areas and storage,
as necessary.”: The project provides adequate access from Gurries Drive and each unit
provides a 2-car garage in addition to driveway parking. The property shares guest
parking (lot to the west) with the development to the north and east, consistent with City
Code. The applicant has requested a “Will Serve” letter from Recology, the City’s waste
hauler.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby recommends to the City Council approval of application Z 21-04 for a Planned Unit
Development Zoning Amendment.
PASSED AND ADOPTED this 7th day of July, 2022 by the following roll call vote:
AYES: Bhandal, Doyle, Elle, Kushner, Leongardt, Moreno
NOES: None
ABSENT: None
ABSTAIN: Lewis
_________________________________ __________________________________
Jon Biggs, Secretary Many Bandhal, Chairperson
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7/14/20227/14/2022