Resolution No. 2019-09 | Granting an Appeal (M 19-13) by Tan Troung Custom Home on the Residential Hillside (RH) | Adopted 10/03/2019Resolution No. 2019-09
Resolution No. 2019-09
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF GILROY GRANTING AN APPEAL (M 19-13)
BY TAN TRUONG, APPEALING THE PLANNING
DIVISION'S DETERMINATION TO WITHHOLD FINAL
SIGNOFF OF A CUSTOM HOME ON THE RESIDENTIAL
HILLSIDE (RH) ZONING DISTRICT, LOCATED AT 2261
MANTELLI DR. APN 783-72-067, PRIOR TO
COMPLETION OF THE CUSTOM HOME AS APPROVED
IN ARCHITECTURAL AND SITE REVIEW APPLICATION
(AS) 16-26.
WHEREAS, on July 11, 2016, Tan Truong submitted application for Architectural
and Site Review Application (AS) 16-26 requesting approval of a 3,410 square foot
custom home in the Residential Hillside (RH) zoning district located at 2261 Mantelli Dr.
APN 783-72-067; and
WHEREAS, on January 27, 2017, the Planning Division approved AS 16-26 with the
condition, amongst others, that the custom home be built as depicted on the approved
plans on file with the Planning Division; and
WHEREAS, the plans on file with the Planning Division depict stone veneer and
window trim, to some degree, on all elevations of the proposed custom home; and
WHEREAS, on August 8, 2019, upon request Planning Staff conducted a
compliance inspection where it was noted that the custom home was constructed
without the stone veneer or window trim; and
WHEREAS, Planning Staff was unable to give final signoff until all conditions of
approval were met, including the addition of stone veneer as depicted on the approved
plans on file with the Planning Division; and
WHEREAS, on August 26, 2019, Tan Truong submitted a letter appealing, to the
Planning Commission, Planning Staffs determination; and
WHEREAS, no further environmental analysis is required by the California
Environmental Quality Act (CEQA) pursuant to Section 1506.b.3 (Common Sense
Exemption) of the CEQA Guidelines; and
WHEREAS, on October 3, 2019, the City of Gilroy Planning Commission held a duly
noticed public hearing where the application materials, staff report, and public testimony
were considered; and
WHEREAS, the location and custodian of the documents and other material which
constitute the record of proceedings upon which this Project approval is based is the
official of the Community Development Department; and
M 19-13
Resolution No. 2019-09
WHEREAS, the Planning Commission of the City of Gilroy has considered
Appeal M 19-13, in accordance with the Gilroy Zoning Ordinance, and other applicable
standards and regulations; and
WHEREAS, the Planning Commission, after due study, deliberation and public
hearing, granted the appeal M 19-13.
NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby approves appeal M 19-13:
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
GILROY, this 3rd day of October, 2019, by the following vote:
AYES:
COMMISSIONERS:
Armendariz, Fleming, Rudeen, Estorga, Kim
NOES:
COMMISSIONERS:
Fischer
ABSENT:
COMMISSIONERS:
Rodriguez
ATTEST:
Juli Wyrick, Plannil Manager
APPRnvF=n•
Ya
M 19-13