Resolution No. 2021-09 | Architectural and Site Review 21-09 to Allow Construction of Accessory Structure APN 808-13-014 | Adopted 08/19/20211
RESOLUTION NO. 2021-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING ARCHITECTURAL AND SITE REVIEW APPLICATION
AS 21-09 (#21060002) TO ALLOW CONSTRUCTION OF A 364 SQUARE FOOT,
13’-4” TALL ACCESSORY STRUCTURE IN THE SINGLE FAMILY
RESIDENTIAL (R1) ZONING DISTRICT LOCATED AT 7811 MILLER
AVENUE, ASSESSOR’S PARCEL NUMBER 808-13-014. FILE BY MANUEL
MACIAS, 7811 MILLER AVE. GILROY, CA 95020.
WHEREAS, on June 1, 2021, Manuel Macias submitted a Architectural and Site Review
application AS 21-09 requesting approval to construct a 364 square foot, 13’-4” tall accessory
structure; and
WHEREAS, the application submittal was accepted as complete on June 21, 2021; and
WHEREAS, the project qualifies for an exemption from further environmental review
pursuant to Section 15303(e) of the California Environmental Quality Act, which applies new
construction of accessory structures; and
WHEREAS, Gilroy City Code Section 30.39.30(i) allows the Planning Commission, during a
public hearing, to approve accessory structures that exceed 12’ in height; and
WHEREAS, the Planning Commission held a duly noticed public meeting on August 19,
2021, at which time the Planning Commission received and considered the staff report as well as all
evidence received including written and oral public testimony related to the project AS 21-09; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based is the Community Development
Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby find as follows:
FINDINGS
A. The proposed development/use is permitted in conformance with the Gilroy Zoning Ordinance
and other adopted policies of the City of Gilroy, given that R1 zoning district allows accessory
structures beyond 12’ with approval of an Architectural and Site Review application and the
proposed cabana meets all R1 district standards.
B. The proposed development/use would be consistent with all applicable goals and policies of the
Gilroy General Plan given that the proposed accessory structure is of a size and scale that is
appropriate for the Low Density Residential land use area and upholds orderly development.
Resolution No. 2021-09
Page 2
C. The proposed development/use would not impair the integrity and character of the area
surrounding and in the vicinity of the subject property, given that the proposed accessory
structure will not be visible from the right of way or neighboring parcels.
D. The subject site would be served by streets and highways adequate in width and structure to carry
the kind and quantity of traffic such use will generate given that the proposed accessory structure
will not generate or intensify traffic.
E. The subject site would be provided with adequate sewerage, water, fire protection and storm
drainage facilities given that the subject site is currently served by these utilities and the proposed
accessory structure will not intensify the need for these.
F. The proposed development/use will not adversely affect or be materially detrimental to the
adjacent uses, buildings or structure or to the public health, safety or general welfare, given that
the proposed accessory structure shall be designed to comply with all fire, building, police and
engineering requirements established protection and preservation of public health, safety welfare.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Gilroy hereby approves application AS 21-09, subject to the Conditions of approval attached
hereto as Exhibit A.
PASSED AND ADOPTED this 19th day of August, 2021 by the following roll call vote:
AYES: Bhandal, Lewis, Ridley, Fischer and Moreno
NOES: None
ABSTAIN: None
ABSENT: Doyle
ATTEST: APPROVED:
_________________________________ __________________________________
Karen L. Garner, Director Tom Fischer, Chairperson
K Tambornini for:Tom Fischer (Jan 20, 2022 15:18 PST)
Resolution No. 2021-09
Page 3
EXHIBIT A
CONDITIONS OF APPROVAL
AS 21-09
PLANNING CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: The approval for Architectural and Site Review
application AS 21-09 is granted to construct a 264 square foot, 13’-4” accessory
structure on Assessor Parcel No. 808-13-014,as shown on Project Plans dated as
received by the Planning Division on June 1, 2021.
Build-out of the project shall conform to the plans, except as otherwise specified in
these conditions. Any future adjustment or modification to the plans, including any
changes made at time of building permit submittal, shall be considered by the
Community Development Director or designee, may require separate
discretionary approval, and shall conform to all City, State, and Federal
requirements, including subsequent City Code requirements or policies adopted
by City Council.
2. PERMIT EXPIRATION: The expiration date of this approval is one year from the
decision date. If any development for which architectural and site approval has
been granted has not obtained building permits within one (1) year from the date
of notification of approval, the approval shall be deemed automatically revoked.
Upon application, an extension of time may be granted by the Community
Development Director or designee. Should Developer intend to request an
extension to the permit expiration date, Developer must submit to the Planning
Division a written application with applicable fees prior to the expiration date. Only
timely requests may be considered pursuant to the City Code.