Ordinance 2016-14ORDINANCE NO. 2016 -14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING ZONE CHANGE Z 15 -09, ESTABLISHING A PLANNED
DEVELOPMENT ZONING OVERLAY FOR THE KROEGER PROJECT, APNS
810-42 -001 and 810 -72 -036, FILED BY GLEN LOMA GROUP
WHEREAS, Glen Loma Group ( "Developer "), submitted an application requesting a
Planned Development zoning amendment for the Kroeger subdivision, a six -lot single - family
residential development ( "Project'); and
WHEREAS, the Project is located adjacent to the Eagle Ridge development and is
requesting to develop in accordance with the Planned Development standards of the Eagle Ridge
development approved via Council Resolution No. 96 -57 for Planned Development Architectural
and Site Review application A/S 96 -17 ( "A/S 96 -17 "); and
WHEREAS, A/S 96 -17 established minimum 7,000 square foot lot size standards; and
WHEREAS, A/S 96 -17 established the following minimum setback standards: Front Yard:
10 feet to the street right -of -way; Front Entry Garages: 18 feet to the street right of way; Side Entry
Garages: eight (8) feet to the street right -of -way; Side Yard: five (5) feet to the property with and an
aggregate distance of 12 feet between buildings; Rear Yard: an average of 15 feet to the rear property
line, and a minimum of 10 feet to the rear property line; and
WHEREAS, A/S 96 -17 permits a staff -level architectural and site review of all residential
projects within the Eagle Ridge Planned Development; and
WHEREAS, approval of Zone Change Z 15 -09 will allow the Project to develop in
accordance with A/S 96 -17; and
WHEREAS, the architectural and site review of homes within the Project will occur at a
staff level with approval of Zone Change Z 15 -09 ( "Z 15 -09 "); and
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WHEREAS, the Developer provided Planned Development amenities for the overall Eagle
Ridge project, which include parks, a swimming pool, tennis courts and a golf course.
WHEREAS, the Project is planned to be annexed into the Eagle Ridge development and the
Developer will dedicate a 0.12 -acre parcel to the Eagle Ridge HOA to expand the private park
adjacent to the Kroeger property; and
WHEREAS, the Planning Commission considered Z 15 -09 in accordance with the Gilroy
Zoning Code and other applicable standards and regulations; and
WHEREAS, on June 2, 2016, the Planning Commission considered the Staff Report dated
June 2, 2016, along with testimony received at the duly- noticed public hearing and other materials
regarding application Z 15 -09, and recommended that the City Council approve Z 15 -09 subject to
the Planned Development standards established by A/S 96 -17; and
WHEREAS, an initial study and mitigated negative declaration was prepared for this Project;
and
WHEREAS, no significant adverse effects are expected to result from the Project, and the
City Council can make the necessary findings to adopt the mitigated negative declaration; and
WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with
the mitigated negative declaration; and
WHEREAS, on July 5, 2016, the City Council has considered the Staff Reports dated June 2,
and July 5, 2016, along with testimony received at the duly noticed public hearing and other
materials.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY
ORDAIN AS FOLLOW:
ORDINANCE NO. 2016-14
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SECTION I
The rezoning for APNS 810 -42 -001 and 810 -72 -036 from RH (Residential Hillside) to RH/PD
(Residential Hillside/Planned Development) is hereby approved subject to the Planned Development
standards established by A/S 96 -17 and the mitigation and monitoring and reporting plan.
SECTION II
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 any one or more sections, subsections,
subdivisions, sentences, clauses or phrases be declared unconstitutional.
SECTION III
Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force and
effect thirty (30) days from and after the date it is adopted.
PASSED AND ADOPTED this l" day of August, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: BRACCO, HARNEY, LEROE- MUNOZ, TUCKER,
VELASCO and WOODWARD
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: AULMAN
Shawna Freels, City
ORDINANCE NO. 2016-14
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2016 -14 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 st day of August, 2016, 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 4h day of August, 2016.
Clerk of the City of Gilroy
(Seal)