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
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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
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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�ay of April, 2015.
vna Freels, MMC
Clerk of the City of Gilroy
(Seal)