Ordinance 2015-05ORDINANCE NO. 2015-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING ZONE CHANGE Z 15 -02, A PLANNED UNIT DEVELOPMENT
ZONING AMENDMENT TO APPROVE THE HEARTLANDS ESTATES PHASE
H PROJECT, FILED BY MERITAGE HOMES C/O SCOTT KRAMER, FOR
PROPERTY LOCATED ON THE NORTHERN PORTIONS OF 1690 AND 1750
HECKER PASS ROAD (APN 810 -21 -009)
WHEREAS, Meritage Homes submitted an application requesting a Planned Unit
Development zoning amendment to approve The Heartlands Estates Phase 11 project; and
WHEREAS, The Heartlands Estates Phase R Planned Unit Development sets forth the
architectural standards for property located on the northern portions of 1690 and 1750 Hecker Pass
Road (APN 810 -21 -009); and
WHEREAS, the Planned Unit Development design conforms to all setbacks set forth in the
Hecker Pass Specific Plan; and
WHEREAS, the Planned Unit Development design establishes a new front porch setback
of 11 feet to the right -of -way; setbacks for porches are not identified in the specific plan, and this
standard is specific to the Heartland Estates subdivision only; and
WHEREAS, the developer will contribute to providing the following amenities, required
both by the Hecker Pass Specific Plan development agreement and this Planned Unit Development
approval:
1. Two million dollars ($2,000,000) for a "Public Benefit Fee ";
2. Improve and dedicate a three -acre neighborhood park at no cost to the city;
3. Improve and dedicate a trail and other improvements along the portion of the De Bell Uvas
Creek Park Preserve that lies within the boundaries of the Specific Plan area at no cost to the city;
4. Provide a wireless computer communication system for city employees in the Specific Plan
Area;
5. Reconstruct approximately 1,000 feet of a sewer main that traverses the Specific Plan
area; and construct a Class I trail south of SR 152; and
WHEREAS, the Planning Commission of the City of Gilroy considered the zone change
request (Z 15 -02) in accordance with the existing General Plan and GPA 14 -02, the Staff Report
dated April 2, 2015, the testimony in the Public Hearing duly held on April 2, 2015, and the Gilroy
Zoning Ordinance and other applicable standards and regulations; and
4839 -W -76670 ORDINANCE NO. 2015-05
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WHEREAS, an addendum to the certified Hecker Pass Specific Plan/South Valley
Community Church EIR has been prepared for this project, entitled HECKER PASS SPECIFIC
PLANAMENDMENT 43 (GPA 14 -02) AND RESIDENTIAL SUBDIVISION (TM 14-04); Addendum
to the Hecker Pass Specific PlanlSouth Valley Community Church EIR (SCH #2003012119) ; and
WHEREAS, the addendum analyzed the proposed Hecker Pass Specific Plan text
amendments and development of The Heartlands Estates Phase H and determined the proposed
amendments to the specific plan would not create new significant environmental effects, intensify
previously identified effects or take place in a context where new information is available that would
alter conclusions in the Hecker Pass Specific Plan/South Valley Community Church EIR concerning
potential environmental effects; and
WHEREAS, the Planning Commission of the City of Gilroy recommended approval of the
zone change to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on May 4, 2015, and
reviewed the staff reports from April 2, 2015, and May 4, 2015.
NOW, THEREFORE, BE IT RESOLVED THAT:
The City Council finds as follows:
Z 15 -02 is consistent with the General Plan and General Plan Amendment 14 -02 and the City
Zoning Ordinance.
This ordinance shall become effective thirty (30) days from the date of its adoption, so long
as General Plan Amendment 14 -02 is in full force and effect on that date.
PASSED AND ADOPTED this I" day of June, 2015 by the following roll call vote:
AYES: COUNCILMEMBERS: BRACCO, LEROE- MUNOZ, TUCKER, VELASCO,
WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: AULMAN
APPROVED:
ATTEST:
r
Shawna Freels, City C %rk
4839 - 8387- 7667vl
LAC104706089
4 awd 1.
Donald Gage, Mayor
�i 77.1 L i i �►� I T I li
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2015 -05 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 1St day of June, 2015, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 2nd day of June, 2015.
Shawna Freels, MMC
City Clerk of the City of Gilroy
(Seal)