Resolution 2015-16RESOLUTION NO. 2015-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY DENYING Z 14-06, A PLANNED UNIT
DEVELOPMENT FOR A FOUR -LOT TOWNHOUSE
RESIDENTIAL PROJECT, BROADWAY STREET, APN'S
790 -32 -052, 053, 054, AND 055; APPLICANT MICHAEL I.
OSHAN
WHEREAS, Michael Oshan submitted an application requesting a Planned Unit
Development (PUD) zoning amendment to allow deviations from the zoning development
standards of the R3 district for the Broadway Street townhouse project, an existing small lot
subdivision that has four lots; and
WHEREAS, the Broadway Street townhouse Planned Unit Development design sets
forth the subdivision and architectural design for property located at 620, 622, 624, and 626
Broadway Street, and previously had PUD zoning and architectural and site approvals, but
allowed those approvals to expire; and
WHEREAS, the design standards required for PUDs as set forth in the findings required
for approval of a PUD, Sec.30.50.50 of the Gilroy City Code, must be strictly enforced so that
the tenants and buyers of homes in these development sites have amenities, including open space
for their enjoyment onsite or close by due to small lots, and building design that reflects good
architectural design, in exchange for the developers obtaining relaxed standards such as private,
smaller streets, and smaller lots; and
WHEREAS, this Planned Unit Development design requests building setback and wall
setback deviations and includes a shared driveway and parking spaces, but does not create a
Homeowners' Association ( HOA) to govern the use of the property; and
WHEREAS, the City Council on April 6, 2015 held a duly noticed public hearing, took
testimony and considered the zone change request (Z 14 -06), in accordance with the Gilroy
Zoning Ordinance, and other applicable standards and regulations, and the City Staff reports
48444763 -M A RESOLUTION NO. 2015-16
LAC1047OW89
dated March 5, 2015 April 6, 2015 and a recommendation of the Planning Commission for
approval; and
WHEREAS, the City Council has determined that this proposed Planned Unit
Development design cannot meet all the required Planned Unit Development findings as set forth
in the Gilroy City Code, but believes that another design may be able to do so, and so desires that
its denial of this project is without prejudice, and the developer may reapply.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
hereby denies without prejudice application Z 14 -06 for a Planned Unit Development zoning
amendment.
PASSED AND ADOPTED this 20`x' day of April, 2015 by the following roll call vote:
AYES: COUNCILMEMBERS:
WOODWARD and GAGE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
48444763-08830
Lac\04706089
AULMAN, TUCKER, V ELASCO,
BRACCO, LEROE -MUNOZ
NONE
APPROVED:
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RESOLUTION NO. 2015-16
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2015 -16 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 20`h 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 Cyilroy this 20th dqy �f April, 2015.
City Clerk of the City of Gilroy
(Seal)