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Resolution No. 2015-05 | Tentative Map (TM 13-05) Gilroy Construction, Inc. | Adopted 02/05/2015RESOLUTION NO. 2015-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY DENYING TENTATIVE MAP TM 13- 07, CREATING 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, LOCATED ON THE SOUTH SIDE OF ROYAL WAY, APNS 799-44-093, 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 was referred to various public utility companies, City departments, including the Technical Advisory Committee for recommendations; and WHEREAS, the Planning Commission on February 5, 2015 considered the staff report dated February 5, 2015 ("Staff Report"), public comment, and all other documentation related to application TM 13-07 at a duly noticed public hearing; and WHEREAS, the tentative map has been found to be exempt from further environmental review by Section 15332 of the California Environmental Quality Act (CEQA) Guidelines as an "In -Fill Development Projects which less than 5 acres in size and has no value as habitat for endangered, rare or threatened species or result in damage to historic resources; and WHEREAS, the Planning Commission of the City of Gilroy has considered Tentative Map 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 finds the project, comprised of Tentative Map 13-07, Architectural and Site Review AS 13-14 and Zoning Z 13-09, is not consistent with the required findings of Section 30.50.50 (d) of the Gilroy City Code as described in the February 5, 2015 staff report, and therefore cannot approve exceptions to the minimum standards of the R3 Medium Density Residential zoning district; and Planning Commission Resolution 2015-05 Page 2 of 2 WHEREAS, because the findings of Section 30.50.50 (d) of the Gilroy City Code cannot be made, Tentative Map TM 13-07 is inconsistent with minimum lot size of the R3 Medium Density Residential zoning district. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby denies approval of Tentative Map TM 13-07 due to its inconsistency with the required findings of Section 30.50.50 (d) of the Gilroy City Code and inconsistency with the minimum lot size standard of the R3 Medium Density Residential zoning district. PASSED AND ADOPTED this 5th day of February, 2015 by the following roll call vote: AYES: COMMISSIONERS: Fischer, Gullen, Kloecker, Lai, Rodriguez, Sanford NOES: COMMISSIONERS: Ashford ABSENT: COMMISSIONERS: none ATTEST: Susan L. Martin, Secretary APPROVED: EM10AIMOMM ME