Resolution 2015-11RESOLUTION NO. 2015-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY DENYING AN APPEAL OF THE PLANNING
COMMISSION'S DENIAL OF ARCHITECTURAL AND
SITE REVIEW AS 13 -14, FOR APPROVAL OF BUILDING,
LANDSCAPE AND SITE DESIGN FOR A PROPOSED 23-
LOT SINGLE - FAMILY RESIDENTIAL PROJECT
LOCATED ON THE SOUTH SIDE OF ROYAL WAY, APNS
79944 -093, 094, 095, 096, 097, 098,101,109 & 110
WHEREAS, Gilroy Construction, Inc. submitted application A/S 13 -14 requesting
Architectural and Site Review approval of building, landscape and site design plans for a 23 -lot
single family residential project; and
WHEREAS, the subject property is located on the south side of Royal Way in the R3,
Medium Density Residential zoning district; and
WHEREAS, said Architectural and Site Review application was referred to various
public utility companies, City departments, including the Technical Advisory Committee for
recommendations; and
WHEREAS, on February 5, 2015, the Planning Commission of the City of Gilroy held a
duly noticed public hearing and reviewed the staff report dated February 5, 2015 and considered
A/S 13 -14 in accordance with the Gilroy General Plan, the Gilroy Zoning Ordinance and other
applicable standard and regulations; and
WHEREAS, the Planning Commission found the Architectural and Site application to be
inconsistent with some of the findings required for a PUD zoning including those set forth in
Section 30.50.50 (d) of the Gilroy City Code, as described and set forth in the February 5, 2015
staff report, and denied application A/S 13 -14; and
WHEREAS, the applicant filed an appeal of the Planning Commission's denial to the
City Council; and
WHEREAS, the City Council on March 16, 2015 considered the staff reports dated
February 5, 2015 and March 16, 2015, took public comments, and reviewed all other
documentation related to application A/S 13 -14 and the Project at a duly noticed public hearing.
WHEREAS, the City Council finds the project is not consistent with the Gilroy Zoning
Ordinance or the required findings of Section 30.50.50 (d) of the Gilroy City Code as described
in the February 5, 2015 staff report, which must be made in order for a planned unit development
to be approved.
LAC104 06038 vl RESOLUTION NO.2015 -11
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
hereby denies the appeal of the Planning Commission's denial of Architectural and Site A/S 13-
14, and denies A/S 13 -14 due to its inconsistency with the required findings of the Gilroy City
Zoning ordinance, including Section 30.50.50 (d) of the Gilroy City Code.
PASSED AND ADOPTED this 6u' day of April, 2015 by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, and
GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: WOODWARD
ABSTAIN: COUNCILMEMBERS: VELASCO
APPROVED:
10�lvv -
Donald Gage, Mayor
ATTEST:
i
r
Ii
ha Freels, City Clerk
4845- 73%7842vl RESOLUTION NO. 2015 -11
LAQ04706038
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2015 -11 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 the 6d' day of April, 2015 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 7h day of -April, 2015.
Shawnaff ee-Is, MMC " -
City Clerk of the City of Gilroy
(Seal)