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Ordinance 2005-02 ORDINANCE NO. 2005-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY ZONING ORDINANCE TO ADD SECTION 29, HECKER PASS SPECIAL USE DISTRICT, IMPLEMENTING PROVISIONS OF THE HECKER PASS SPECIFIC PLAN AND TO AMEND THE ZONING MAP ON PROPERTY LOCATED ON HECKER PASS HIGHWAY, WEST OF SANTA TERESA BOULEVARD FROM RH, Al AND HC TO HECKER PASS SPECIAL USE DISTRICT/PUD WHEREAS, the Hecker Pass Property Owners submitted application Z 04-04 to amend the text of the Gilroy Zoning Ordinance to establish the Hecker Pass Special Use District and to change the zoning designation on approximately four-hundred-twenty- three (423) acres located on Hecker Pass Highway, west of Santa Teresa Boulevard, from RH, Al and HC to Hecker Pass Special Use District/PUD; and WHEREAS, the zone change request Z 04-04 applies to property identified as APNs 810-20-003, 004-009, 011-013; 810-21-001, 002-005; 783-04-011, 018; 783-03- 002,003,070; 783-20-004, 009, 010, 020, 026, 030-033; and WHEREAS, the City Council on December 20, 2004, certified the Final Environmental Impact Report (Final EIR), in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, pursuant to CEQA, the City Council on January 18, 2005, by Resolution No. 2005-02, made findings for each significant environmental impact and adopted a Statement of Overriding Considerations in connection with this project regarding the unavoidable impacts and the anticipated benefits of the project, and adopted the mitigation measures in the Final EIR; and IGBO\645763.1 01-010305-04706031 -1- Ordinance No. 2005-02 WHEREAS, the City Council, also by Resolution No. 2005-03, and pursuant to CEQA, adopted a Mitigation Monitoring Program for the mitigation measures required by the Final EIR; and WHEREAS, the City Council on January 18, 2005, then adopted Resolution No. 2005-_ adopting the Hecker Pass Specific Plan for the same area included III application Z 04-04, and approving associated General Plan text amendments; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 2, 2004, followed by study sessions on September 9, 2004, and October 14, 2004, and a duly noticed public meeting on November 4, 2004, at which time the Planning Commission considered the public testimony, the Staff Reports, and all other documentation related to application Z04-04, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing at a special meeting on November 8, 2004, followed by study sessions on November 22, 2004, and November 29, 2004, and additional duly noticed public hearings on December 6, 2004, and December 20, 2004, at which time the City Council considered the public testimony, the Staff Reports, a follow-up staff report dated December 13, 2004 ("Follow-Up Report"), and all other documentation related to application Z04-04; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The City Council hereby finds: A. The project provides consistency of the City's Zoning Ordinance and map with the City's General Plan document and land use map. IGBO\6457631 01-010305-04706031 -2- Ordinance No. 2005-02 B. The project is consistent with the intent of the goals and policies of the General Plan. C. Public utilities and infrastructure improvements needed III order to serve the proposed project are in close proximity. D. To the extent feasible, the project will mitigate significant environmental impacts. The City Council adopted a Statement of Overriding Considerations pursuant to CEQA regarding unavoidable environmental impacts. E. The proposed Zoning amendments implement the Hecker Pass Specific Plan by establishing specific use controls and development guidelines that allow for limited development while encouraging open space preservation, view protection, and enhancement of features that give the area its special character. SECTION II Based on the above findings, zoning application Z 04-04 is hereby approved, amending the Gilroy Zoning Ordinance as follows: A. The text of the Zoning Ordinance is hereby amended to add Section 29, Hecker Pass Special Use District, to read as follows: SECTION 29 HECKER PASS SPECIAL USE DISTRICT Section 29.10 Statement ofIntent The Hecker Pass Special Use District intends to protect and enhance the Hecker Pass area's rural character, open space, and agricultural uses, as well as to create a logical, coherent pattern of rural-style uses as part of the western gateway to Gilroy. The average residential density is intended to create consistency with the densities described in the Land Use chapter of the Hecker Pass Specific Plan document. The land llses permitted in this zone are intended to allow IGBOl6457631 01-010305-04706031 -3- Ordinance No. 2005-02 economically viable land uses and capitalize on the area's unique potential as a year-round tourist draw, while simultaneously preserving Hecker Pass's rural character. Section 29.20 Pern1itted Uses and Conditional Uses Land in the Hecker Pass Special Use District may be used as provided in the Hecker Pass Specific Plan's "Agricultural Use Table" (table 3-2) and "Residential Uses Table" (table 3-4). Conditional uses may be permitted with a Conditional Use Permit issued by the Planning Commission in accordance with the regulation included in Section 50.30 of this ordinance. Section 29.30 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Hecker Pass Special Use District shall be as established in the Hecker Pass Specific Plan's "Minimum Residential Site and Building Requirements Table" (table 7-1) and the "Minimum Agri-tourist, Agricultural Commercial, and Community Facility Site and Building Requirements Table" (table 7-2). Section 29.40 Density The maximum density in the Hecker Pass Special Use District shall be consistent with the densities described in the Hecker Pass Specific Plan "Land Use" chapter (chapter 3). Section 29.50 Site Design Requirements Projects within the Hecker Pass Special Use District shall be designed in accordance with the Hecker Pass Specific Plan's "Community Design" chapter (chapter 7). B. The Gilroy Zoning Map is hereby amended to change the ZOnIng designation from RH, Al and HC to Hecker Pass Special Use District/PUD on approximately four-hundred-twenty-three (423) acres located on Hecker Highway, west of Santa Teresa Boulevard, APNs 810-20-003, 004-009, 011-013; 810-21-001, 002-005; 783-04-011,018; 783-03-002,003, 070; 783-20-004,009,010,020,026,030-033. IGB01645763.1 01-010305-04706031 -4- Ordinance No. 2005-02 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, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION IV This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 7th day of February, 2005, by the following vote: AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~- ~ Albert Pinheiro, Mayor J(/kL Rho da Pellin, City Clerk IGBOl6457631 01-010305-04706031 -5- Ordinance No. 2005-02 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2005-02 is an original ordinance, or a 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 7th day of February, 2005, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 14th day of February, 2005. L (Seal)