Resolution 2011-37
RESOLUTION NO. 2011-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY OVERTURNING THE PLANNING COMMISSION'S
DENIAL OF VARIANCE Vll-01 AND GRANTING SAID
VARIANCE, 2280 HECKER PASS HIGHWAY, APNS 810-21-001,
810-20-005
WHEREAS, Syngenta Flowers, ("Applicant") submitted a request for
approval ofV11-01 for a variance from Zoning Ordinance section 29.30 relating
to setbacks required in the Hecker Pass Specific Plan to place a fence within 115
feet of the centerline of Hecker Pass Highway on property located at 2280 Hecker
Pass Highway, APNS 810-21-001 and 810-20-005; and
WHEREAS, the California Environmental Quality Act ("CEQA")
provides a categorical exemption for "Minor Alterations in Land Use Limitations"
(CEQA Guidelines section 15305), which applies to this request; and
WHEREAS, the Planning Commission held a duly noticed public hearing
on May 5, 2011, at which time the Planning Commission considered the public
testimony, the staff report dated May 5, 2011 ("Staff Report"), and all other
documentation related to VI1-01, and denied the application; and
WHEREAS, following the Planning Commission's denial of Variance
VII-0l, the Applicant timely filed an appeal to the City Council; and
WHEREAS, the City Council held a du1y noticed public hearing on June
6,2011, and considered public testimony, the Staff Report, the supplemental staff
report dated June 6, 2011, and all other documentation relating to V -11-01; and
WHEREAS, the Staff Reports provided facts for the making of two (2)
findings required to grant VII-0l and the Applicant presented facts to support the
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findings required for the variance in the letter to the Mayor and City Council
dated June 2, 2011, and in testimony at the public hearings; and
WHEREAS, the location and custodian of the documents or other
materials which constitute the record of proceedings upon which this project
approval is based is the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds that the facts set forth in the record
support the findings required by Section 50.21 of the Gilroy Zoning Ordinance as
follows:
(1) There are exceptional or extraordinary circumstances applying to
the property and the proposed use. The use of the property is unique in this
Specific Plan area, for research and development, and may be the only property
that needs to secure its agricultural fields. The applicant cannot relocate the
research fields because the undeveloped portion of the property is designated as a
residential use and is not suitable for an agricu1tural use because it was formerly
used as a concrete plant.
(2) Because of such exceptional or extraordinary circumstances, the
literal enforcement of this setback provision on this property specified in the
Zoning Ordinance as to the Hecker Pass Specific Plan would result in practical
difficulty or unnecessary hardship such as to deprive the Applicant of a
substantial property right. The Applicant would suffer practical difficu1ties
without the variance because they would not be able to utilize a portion of their
research fields, resu1ting in a loss of research of up to 25,000 plants per year. It is
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believed that other properties will not need such a variance for their full use and
enjoyment.
(3) Allowing the variance will not, under the circumstances of this
particular case, be materially detrimental to the public welfare or materially
injurious to persons or property in the vicinity because as set forth in the Syngenta
letter, the fence will help to protect persons from the risk of harm due to the
proximity of the public to potentially dangerous agricultural equipment and
operations. Although the fence may be visible from Hecker Pass Highway, it
would be at least as visible or more visible if it were located on the 115-foot
setback line, and in any case, the allowance of this variance cannot be deemed to
result in "material detriment or material injury to others."
(4) Allowing the variance will be in harmony with the general intent
of the Zoning Ordinance in view of the fact that the Ordinance for the Hecker
Pass Specific Plan also places importance on the protection and enhancement of
agricu1tural uses, and the Specific Plan section 5.2.1.1 recognizes the need for
balance between visibility and security, explaining that public access may need to
be restricted to prevent destruction and theft of crops and to ensure safety during
harvesting activities.
(5) Allowing the variance will not constitute the granting of a special
privilege greater than that provided by the standard provisions of the Zoning
Ordinance for other properties in the vicinity and in the same zoning district
because this property has a unique set of circumstances related to its research use.
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B. The Planning Commission's denial of Variance V11-01 is hereby
overturned, the appeal by the Applicant of said denial is granted and Variance
VII-0l is hereby approved subject to the following conditions of approval:
Final Conditions of Approval
1. This Variance approval is valid for one (1) year from the date of this
approval resolution. If the applicant does not construct the fence
within one year of this approval, the approval of this variance shall
automatically expire and have no further force and effect. The
Planning Division Manager may grant a one-year extension for good
cause if the applicant submits the request prior to the date of the
Variance expiration.
2. This Variance is approved only for the setback exceptions shown on
plans dated June 6, 2011, titled "Security Fencing-Variance Appeal,"
prepared by Weston Miles Architects. The architectural design of the
fence shall be subject to review and decision by the Planning Division
through a separate architectural and site review application.
3. The applicant shall defend, with legal counsel satisfactory to City,
indemnify, and hold harmless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim, action,
or proceeding against the City or its City Council, Planning
Commission, agents, officers, and employees to attack, set aside, void,
or annul an approval of the City, City Council, Planning Commission,
or other board, advisory agency, or legislative body concerning this
vanance.
Planning Division (contact Melissa Durkin at 846-0440,
Melissa.Durkin@ci.gilroy.ca.us)
PASSED AND ADOPTED this 18th day of July, 2011, by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, BRACCO, DILLON,
LEROE-MuNOZ, TUCKER and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
WOODWARD
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APPROVED:
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RESOLUTION NO. 2011-37
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2011-37 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a special meeting of said Council
held on the 18th day of July, 2011, 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 20th day of July, 2011.
(Seal)