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