Ordinance 2012-15ORDINANCE NO. 2012-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING APPLICATION Z 12 -04 AND
THEREBY AMENDING THE PLANNED UNIT
DEVELOPMENT ADOPTED BY ORDINANCE 96 -5 TO
INCLUDE SPECIFIC BUILDING DESIGNS FOR THE
HOUSES WITHIN THE AREA COVERED BY THE PUD.
THE PUD IS LOCATED ON THE WEST SIDE OF RANCHO
HILLS DRIVE BETWEEN SUNRISE AND LONGMEADOW
DRIVES
WHEREAS, DeNova Homes (the "Applicant ") submitted application Z 12 -04 to amend
the Planned Unit Development (PUD) adopted by Ordinance 96 -5 to define specific building
designs, landscaping, dedication of open space and creation of open space easements for a
portion of the area covered by the PUD, located on the west side of Rancho Hills Drive between
Sunrise and Longmeadow Drives; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November
1, 2012, at which time the Planning Commission considered the public testimony, the staff report
dated November 1, 2012 ( "Staff Report") and all other documentation related to application Z
12 -04, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on November 19, 2012
at which time the City Council considered the public testimony, the Staff Report, a supplemental
staff report dated November 19, 2012 and all other documentation related to application Z 12 -04;
and
WHEREAS, Section 26 of the Zoning Ordinance requires that all PUDs provide a higher
standard of amenities than conventional development and the applicant proposes the dedication
of public open space areas, a water reservoir site and the recordation of open space easements to
satisfy this amenity requirement; and
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WHEREAS, Section 50.50 of the Zoning Ordinance provides that all aspects of a PUD,
including landscaping and building design be approved prior to issuance of building permits;
and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), an
expanded Initial Study was prepared for the subdivision of this property under Tentative Map
TM 05 -01 and that a Mitigated Negative Declaration was approved by the City Council in
December 2006 and included a Mitigation Monitoring Program in order to avoid the potentially
significant effects resulting from development of the project, to a point where no significant
impacts will occur; and
WHEREAS, the location and custodian of the documents or other materials that
constitute the record of proceedings upon which this project approval is based in the office of the
City Clerk; and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL FINDS
THAT:
SECTION I
A. The proposed rezoning conforms to the Gilroy General Plan as it proposes the
development of single - family homes and a recreation facility in conformance with City
Standards.
B. The single family development and associated open space proposed by the rezoning will
fill a specific need of the surrounding area because it will help the City meet Housing
Element goals and the proposed open space and public trail will meet the recreational
needs of the surrounding residents.
C. Urban services are currently available at this site and therefore the development proposed
by the rezoning will not require urban services beyond those that are currently available;
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102912-04706089 ORDINANCE NO. 2012-15
D. The single family development and associated open space proposed by the rezoning
would provide a harmonious, integrated plan and provide a higher standard of amenities
than would be provided without the planned unit development;
E. The development proposed by the rezoning will complete the planned unit development
of this area and thereby reflect an economical and efficient pattern of land use;
F. The development proposed by the rezoning will leave most of this 70.59+ acre site as
undeveloped open space and dedicate and improve a public trail providing access to a
city park, thereby providing a greater provision for landscaping and open space than
would generally be required;
G. The homes proposed by the rezoning would be attractive and utilize designs and
materials that would blend with the character of surrounding areas;
H. The environmental assessment and mitigated negative declaration for the subdivision
found that, with the implementation of mitigation measures, the development would not
create traffic congestion, noise, odor or other adverse effects on surrounding areas; and
I. The development proposed by the rezoning would provide adequate and appropriate
vehicular and pedestrian access and circulation, would provide parking, trash and storage
areas that meets or exceeds city standards and would provide landscaping of all front yard
areas.
SECTION II
Application Z 12 -04, amending Ordinance 96 -5 to establish plans and standards for
development of the subject property and in compliance with the conditions of Resolution 2012 -
51 approving those standards is hereby approved.
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102912-04706089 ORDINANCE NO. 2012-15
vote:
PASSED AND ADOPTED this 3`d day of December, 2012, by the following roll call
AYES: COUNCILMEMBERS: ARELLANO, BRACCO,
DILLON, LEROE- MUNOZ, TUCKER, WOODWARD and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
Albert Pinheiro, Mayor
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102912-04706089 ORDINANCE NO. 2012-15
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2012 -15 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 3rd day of December, 2012, 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 10th day of December, 2012.
Ahawna Fret C
City Clerk of City of Gilroy
(Seal)