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Resolution 2015-09RESOLUTION NO. 2015-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DENYING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF ZONING APPLICATION Z 13-09, AN APPLICATION TO AMEND THE R3, MEDIUM DENSITY RESIDENTIAL ZONING OF NINE PARCELS LOCATED ON THE SOUTH SIDE OF ROYAL WAY BY ADDING THE PUD, PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT, APNS 799 -44 -093, 094, 095, 096, 097, 098,101,109 & 110 WHEREAS, Gilroy Construction, Inc. submitted an application requesting amendment of the R3, Medium Density Residential zoning of the subject property to add the PUD, Planned Unit Development overlay district, thereby allowing for the creation of a 23 -lot residential subdivision which includes private streets, a private park and residential lot sizes and setbacks that do not meet City minimum standards ( "the Project "); and WHEREAS, the subject property is located on the south side of Royal Way in the R3, Medium Density Residential zoning district; WHEREAS, said Zoning 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 Z 13 -09 in accordance with the Gilroy General Plan, the Gilroy Zoning Ordinance and other applicable standard and regulations; and WHEREAS, the Planning Commission found the Zoning 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 Z 13 -09; and 48YS-IM 40980 RESOLUTION NO. 2015 -09 LACW470M 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 Z 13 -09 and the Project at a duly noticed public hearing. 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 Zoning application Z 13 -09, and denies Zoning Application Z13 -09 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. AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WOODWARD ABSTAIN: COUNCILMEMBERS: VELASCO ATTEST: I eels, City APPROVED: Donald Gage, Mayor 4826- 1986- 4098v1 RESOLUTION NO. 2015-09 LAC104706038 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2015 -09 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 6t' 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 7´┐Żay of April, 2015. vna Freels, MMC Clerk of the City of Gilroy (Seal)