Resolution 2015-10RESOLUTION NO. 2015-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY DENYING AN APPEAL OF THE PLANNING
COMMISSION'S DENIAL OF TENTATIVE MAP TM 13 -07,
AN APPLICATION TO CREATE 23 SINGLE - FAMILY
RESIDENTIAL LOTS, 3 PARCELS TO BE USED FOR
STORM DRAINAGE RETENTION, 2 PARCELS TO BE
USED AS PRIVATE CUL -DE -SACS AND 1 PARCEL TO BE
USED AS A PRIVATE PARK, ON A 3.36 -ACRE SITE
LOCATED ON THE SOUTH SIDE OF ROYAL WAY, APNS
79944-093,094,095,096,097,098,101,109 &110
WHEREAS, Gilroy Construction, Inc. submitted an application requesting a Tentative
Map to subdivide a 3.36 -acre site into 23 single - family residential lots, 3 parcels for storm water
detention, 2 parcels for private cul -de -sacs and 1 parcel to be used as a private park; 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 Tentative Map 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
TM 13 -07 in accordance with the Gilroy General Plan, the Gilroy Zoning Ordinance and other
applicable standards and regulations; and
WHEREAS, the Planning Commission and the City Council denied the zoning
application to apply a PUD (Planned Unit Development) zoning overlay on the site, and
therefore cannot approve exceptions to the minimum standards of the existing zoning district;
WHEREAS, the Planning Commission found the Tentative Map application to be
inconsistent with the Zoning Ordinance and the existing zoning of R3, Medium Density
Residential, and therefore denied application TM 13 -07; 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 TM 13 -07 at a duly noticed public hearing.
LAC sosz-MsY�
�nc�oa7oane RESOLUTION NO. 2015-10
WHEREAS, the City Council finds the project as designed inconsistent with the
minimum lot sizes and other standards set forth in the Gilroy Zoning ordinance for R3, Medium
Density Residential subdivisions.
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 Tentative Map application TM
13 -07, and denies TM 13 -07 due to its inconsistency with the Gilroy City Code.
PASSED AND ADOPTED this 6th day of April, 2015 by the following vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, and
GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: WOODWARD
ABSTAIN: COUNCILMEMBERS: VELASCO
Shawna Freels,
APPROVED:
Donald Gage, Mayor
LAM0 70603lavl RESOLUTION NO. 2015 -10
LAC104706038
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2015 -10 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 7t' da"f April, 2015.
SfilUih�Freels, MMC 'Yj
City Clerk of the City of Gilroy
(Seal)