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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 u+cw4706089 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)