Loading...
Ordinance 2018-10ORDINANCE NO. 2018-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ZONING APPLICATION Z 18 -01 FOR A PROPERTY LOCATED WITHIN THE HECKER PASS NORTH RESIDENTIAL CLUSTER AREA TO ALLOW FOR A PLANNED UNIT DEVELOPMENT ZONING AMENDMENT, FILED BY HECKER PASS NORTH LLC, C/O SKIP SPIERING (APN 783 -04 -023) WHEREAS, on January 16, 2018, Hecker Pass North LLC submitted an application requesting a Planned Unit Development zoning amendment to approve the specific design and layout of Hecker Pass North Residential Cluster project; and WHEREAS, in accordance with the California Environmental Quality Act, an addendum to the certified Hecker Pass Specific Plan/South Valley Community Church Environmental Impact Report (EIR) has been prepared for this project; and WHEREAS, the addendum analyzed the proposed development of the Hecker Pass North Residential Cluster and determined the project 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, on June 7, 2018, the Planning Commission of the City of Gilroy held a duly noticed public hearing at which time the Planning Commission considered the public testimony, the staff report dated June 7, 2018, and all other documentation related to zone change request (Z18 -01) filed by Hecker Pass North LLC in accordance with the Gilroy Zoning Ordinance and other applicable standards and regulations and recommended City Council approval of Z 18 -01 with all of the following amenities: • Substantial open space for aesthetic and passive use • A 1.4 acre neighborhood park • Creation, upkeep and ongoing maintenance of private streets • Creation of a homeowners association for ongoing management and maintenance of all required amenities and compliance with project conditions 4833-9040-80450 JHk04706089 ORDINANCE NO. 2018 -10 JH1047 • Preserved topography for enhanced view corridors • Sewer and gas connections to the City of Gilroy • Decorative treatments at crosswalks to the satisfaction of the Planning and Engineering Divisions of the City for safety and aesthetic purposes • A payment of $175,000 to the City of Gilroy to offset impacts, both financial and operational, to the golf course while the offsite improvements are being constructed WHEREAS, the City Council held a duly noticed public hearing on August 6, 2018 at which time the City Council considered the public testimony, the staff report dated August 6, 2018 and all other documentation, and received and reviewed written and oral comments related to Z 18 -01; and WHEREAS, the City Council finds that Z 18 -01 is consistent with the General Plan, the Hecker Pass Specific Plan, and the City Zoning Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The City Council finds that in accordance with Gilroy City Code Section 30.50.50(d): i) The project conforms to the Gilroy General Plan in terms of general location and standards of development. ii) The project provides the type of development that will fill a specific need of the surrounding area. iii) The project will not require urban services beyond those that are currently available. iv) The project provides a harmonious, integrated plan that justifies exceptions, if such are required, to the normal requirements of this ordinance. v) The project reflects an economical and efficient pattern of land uses. vi) The project includes greater provisions for landscaping and open space than would generally be required. vii) The project utilizes aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas. viii) The project will not create traffic congestion, noise, odor or other adverse effects on surrounding areas. ix) The project provides adequate access, parking, landscaping, trash areas and storage, as necessary. SECTION II 4833-9040-80450 JH\04706089 ORDINANCE NO. 2018 -10 JH1047 Z 18 -01 is hereby approved with all of the following amenities: • Substantial open space for aesthetic and passive use • A 1.4 acre neighborhood park • Creation, upkeep and ongoing maintenance of private streets • Creation of a homeowners association for ongoing management and maintenance of all required amenities and compliance with project conditions • Preserved topography for enhanced view corridors • Sewer and gas connections to the City of Gilroy • Decorative treatments at crosswalks to the satisfaction of the Planning and Engineering Divisions of the City for safety and aesthetic purposes • A payment of $175,000 to the City of Gilroy to offset impacts, both financial and operational, to the golf course while the offsite improvements are being constructed. 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, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION IV 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 of its adoption. PASSED AND ADOPTED this 20`x' day of August, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, LEROE- MUNOZ, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 4833-9040-80450 JH\04706089 ORDINANCE NO. 2018 -10 JH1047 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2018 -10 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 20d' day of August, 2018, 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 23rd day of August, 2018. City Clerk of the City of Gilroy (Seal)