Resolution No. 2015-06 | Zoning Application (Z 13-09) Gilroy Construction, Inc. | Adopted 02/05/2015RESOLUTION NO. 2015-06
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY DENYING 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 and 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; 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 Zoning application 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 Z 13-09 at a duly noticed public hearing; and
WHEREAS, the Zoning application 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 the
Zoning application Z 13-09 in accordance with the Gilroy General Plan, the Gilroy
Zoning Ordinance, and other applicable standards and regulations; and
WHEREAS, the Planning Commission finds the Zoning application to be
inconsistent with the findings of Section 30.50.50 (d) of the Gilroy City Code, as
described in the February 5, 2015 staff report; and
WHEREAS, the findings contained in Section 30.50.50 (d) of the Gilroy City
Code must be made in order for a planned unit development to be approved.
Planning Commission Resolution 2015-06
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Gilroy hereby denies Zoning application Z 13-09 due to its inconsistency with the
required findings of Section 30.50.50 (d) of the Gilroy City Code.
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:
Thomas Fischer,