Ordinance 2018-10ORDINANCE NO. 2018-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING ZONING APPLICATION Z 18 -01 FOR A PROPERTY
LOCATED WITHIN THE HECKER PASS NORTH RESIDENTIAL
CLUSTER AREA TO ALLOW FOR A PLANNED UNIT DEVELOPMENT
ZONING AMENDMENT, FILED BY HECKER PASS NORTH LLC, C/O
SKIP SPIERING (APN 783 -04 -023)
WHEREAS, on January 16, 2018, Hecker Pass North LLC submitted an application
requesting a Planned Unit Development zoning amendment to approve the specific design and
layout of Hecker Pass North Residential Cluster project; and
WHEREAS, in accordance with the California Environmental Quality Act, an addendum
to the certified Hecker Pass Specific Plan/South Valley Community Church Environmental
Impact Report (EIR) has been prepared for this project; and
WHEREAS, the addendum analyzed the proposed development of the Hecker Pass North
Residential Cluster and determined the project 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, on June 7, 2018, the Planning Commission of the City of Gilroy held a duly
noticed public hearing at which time the Planning Commission considered the public testimony,
the staff report dated June 7, 2018, and all other documentation related to zone change request
(Z18 -01) filed by Hecker Pass North LLC in accordance with the Gilroy Zoning Ordinance and
other applicable standards and regulations and recommended City Council approval of Z 18 -01
with all of the following amenities:
• Substantial open space for aesthetic and passive use
• A 1.4 acre neighborhood park
• Creation, upkeep and ongoing maintenance of private streets
• Creation of a homeowners association for ongoing management and maintenance of
all required amenities and compliance with project conditions
4833-9040-80450
JHk04706089
ORDINANCE NO. 2018 -10
JH1047
• Preserved topography for enhanced view corridors
• Sewer and gas connections to the City of Gilroy
• Decorative treatments at crosswalks to the satisfaction of the Planning and
Engineering Divisions of the City for safety and aesthetic purposes
• A payment of $175,000 to the City of Gilroy to offset impacts, both financial and
operational, to the golf course while the offsite improvements are being constructed
WHEREAS, the City Council held a duly noticed public hearing on August 6, 2018 at
which time the City Council considered the public testimony, the staff report dated August 6,
2018 and all other documentation, and received and reviewed written and oral comments related
to Z 18 -01; and
WHEREAS, the City Council finds that Z 18 -01 is consistent with the General Plan, the
Hecker Pass Specific Plan, and the City Zoning Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The City Council finds that in accordance with Gilroy City Code Section 30.50.50(d):
i) The project conforms to the Gilroy General Plan in terms of general location and
standards of development.
ii) The project provides the type of development that will fill a specific need of the
surrounding area.
iii) The project will not require urban services beyond those that are currently available.
iv) The project provides a harmonious, integrated plan that justifies exceptions, if such are
required, to the normal requirements of this ordinance.
v) The project reflects an economical and efficient pattern of land uses.
vi) The project includes greater provisions for landscaping and open space than would
generally be required.
vii) The project utilizes aesthetic design principles to create attractive buildings and open
space areas that blend with the character of surrounding areas.
viii) The project will not create traffic congestion, noise, odor or other adverse effects on
surrounding areas.
ix) The project provides adequate access, parking, landscaping, trash areas and storage, as
necessary.
SECTION II
4833-9040-80450
JH\04706089 ORDINANCE NO. 2018 -10
JH1047
Z 18 -01 is hereby approved with all of the following amenities:
• Substantial open space for aesthetic and passive use
• A 1.4 acre neighborhood park
• Creation, upkeep and ongoing maintenance of private streets
• Creation of a homeowners association for ongoing management and maintenance of all
required amenities and compliance with project conditions
• Preserved topography for enhanced view corridors
• Sewer and gas connections to the City of Gilroy
• Decorative treatments at crosswalks to the satisfaction of the Planning and Engineering
Divisions of the City for safety and aesthetic purposes
• A payment of $175,000 to the City of Gilroy to offset impacts, both financial and
operational, to the golf course while the offsite improvements are being constructed.
SECTION III
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any
reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION IV
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force
and effect thirty (30) days from and after the date of its adoption.
PASSED AND ADOPTED this 20`x' day of August, 2018 by the following roll call vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY,
LEROE- MUNOZ, TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
4833-9040-80450
JH\04706089 ORDINANCE NO. 2018 -10
JH1047
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2018 -10 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 20d' day of August, 2018, 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 23rd day of August, 2018.
City Clerk of the City of Gilroy
(Seal)