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
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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.
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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
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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.
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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
~-
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Albert Pinheiro, Mayor
J(/kL
Rho da Pellin, City Clerk
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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)