Ordinance 2015-06ORDINANCE NO. 2015-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING ZONE CHANGE Z 15 -04, A PLANNED UNIT DEVELOPMENT
ZONING AMENDMENT TO APPROVE THE HEARTLANDS ESTATES PHASE
I PROJECT, FILED BY MERITAGE HOMES C/O SCOTT KRAMER, FOR
PROPERTY LOCATED AT THE SOUTHERN PORTIONS OF 1690 AND 1750
HECKER PASS ROAD (APN 810 -21 -008)
WHEREAS, Meritage Homes submitted an application requesting a Planned Unit
Development zoning amendment to approve the specific design of The Heartlands Estates Phase
I project; and
WHEREAS, The Heartlands Estates Phase I Planned Unit Development sets forth the
architectural standards for property located at the southern portions of 1690 and 1750 Hecker Pass
Road (APN 810 -21 -008); and
WHEREAS, the Planned Unit Development design requests a side yard building setback
deviation for lot 9; and
WHEREAS, the proposed deviation is necessary to allow development of an ADA ramp; 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 -04) in accordance with the existing General Plan and GPA 14 -02, the Staff Report
4830 - 7902 -21150 ORDINANCE NO. 2015 -06
LAC104706089
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
WHEREAS, the Gilroy City Council adopted an addendum to the certified Hecker Pass
Specific Plan EIR in 2009 (City Council Resolution 2009 -32) that analyzed development of this site
with 15 homes; and
WHEREAS, no further environmental analysis is required for the development of Phase I;
and
WHEREAS, on April 2, 2015, the Planning Commission of the City of Gilroy considered the
Staff Report dated April 2, 2015, along with testimony received at the duly- noticed public hearing
and other materials and 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, along with the public testimony.
NOW, THEREFORE, BE IT RESOLVED THAT:
The City Council finds as follows:
Z 15 -04 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 1 S` 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:
•
on d Gage, ayor
ATTEST4, i
Sha Freels, City
4830- 7902 -21150
LACV04706089
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2015 -06 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 1 S` 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.
l'
Sfffwna Freels, MMC'
City Clerk of the City of Gilroy
(Seal)