Resolution No. 2018-10 | Variance (V18-01) Allowing Exceptions to Front and Back Yard Setbacks Required by the Hecker Pass Specific Plan | Adopted 06/07/2018RESOLUTION NO. 2018-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY APPROVING VARIANCE APPLICATION V 18-01, ALLOWING
EXCEPTIONS TO FRONT AND BACK YARD SETBACKS REQUIRED BY
THE HECKER PASS SPECIFIC PLAN FOR THE 9-LOT, HEARTLAND
TRIANGLE RESIDENTIAL PROJECT LOCATED WITHIN THE HECKER
PASS SPECIFIC PLAN, NORTHEAST OF THIRD STREET, WEST OF THE
HEARTLAND SUBDIVISION, AND SOUTH OF SYNGENTA FLOWERS,
INC. (PORTION OF ASSESSOR'S PARCEL NUMBERS 810-20-020). FILED
BY MERITAGE HOMES, 2603 CAMINO RAMON, SUITE 140, SAN RAMON,
CA 94583.
WHEREAS, Mark Currington representing Meritage Homes submitted a request for
variance to Gilroy City Code section 30.29.30 and the Hecker Pass Specific Plan site and
building requirements to permit a reductions in front yard setbacks for lots between 3,500
and 6,000 square feet in size (lots 2, 3, 4, 5, 7, and 8) and reductions in setbacks for front,
side, and building -to -building setbacks for lots larger than 6,000 square feet (lots 1, 6, and
9); and
WHEREAS, the Planning Commission recommended adoption of a mitigation monitoring
and reporting program for this project, which is based on mitigation measures found in the
approved Necker Pass Specific Plan FIR, on June 7, 2018. These mitigation measures will
be applied to development of the 9-lot subdivision; and
WHEREAS, the variance request V 18-01 is exempt from the California Environmental
Quality Act under Section 15182(a) "residential projects pursuant to a specific plan";
WHEREAS, the Planning Commission held a duly noticed public hearing on May 17, 2018
and the item was continued to the June 7, 2018 meeting, at which time the Planning
Commission considered the public testimony, the staff report dated June 7, 2018 ("staff
report"), and all other documentation in relation to V 18-01; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project application is based in the
Community Development Department; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the variance
application (V 18-01), in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, that the facts set forth in the record support the findings required by Section
30.50.20(3) of the Gilroy Zoning Ordinance as follows:
Resolution No. 2018-10
Page 2
1) There are exceptional or extraordinary circumstances applying to the property
arising from the property's uniquely size and shape combined with a 50' no -build
easement along its northern property line; these circumstances present particularly
unique and exceptional constraints on the applicant to conform to the Hecker Pass
Specific Plan's lot size and setback requirements while attempting to make the
property a viable and economically feasible development.
2) That because of such exceptional or extraordinary circumstances, the literal
enforcement of specified provisions of Zoning Ordinance would result in practical
difficulty or unnecessary hardship such as to deprive the applicant of a substantial
property right possessed by other owners of property in the same class or district.
The literal enforcement of the specific plan's setback requirements for the actual lot
sizes proposed (between 3,800 and 20,200 SF) and the subsequent requirement for
the applicant to submit a PUD request to justify those deviations, would constitute
an unnecessary hardship and would not be in line with previous city approvals for
similar adjacent developments.
3) The allowance of the variance will not be materially detrimental to the public welfare
or materially injurious to persons or property in the vicinity as the property has been
designated for residential uses and would not present any impediments to adjacent
uses. The project factors into its development footprint the 50' no -build easement
along the north project boundary with Syngenta Flowers and would not impede
agricultural uses on that site.
4) Allowing this variance would be in general harmony with the general intent of the
specific plan as the applicant seeks to continue the zipper lot configuration that
previously permitted in the adjacent East Cluster development and is attempting to
comply with setback and lot size requirements as closely as possible given the
constraints of the site.
5) The granting of this variance generally complies the Hecker Pass Specific Plan's
allowance for varying lot sizes and product types as has been previously permitted
in adjacent residential developments within the specific plan area. Therefore, the
variance does not constitute the granting of a special privilege greater than that
provided to other properties in the vicinity.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Cityof Gilroy
hereby grants approval of the Variance application, subject to the following condition:
1. This variance approval applies specifically to the Heartland Triangle subdivision at
Third Street within the Hecker Pass Specific Plan — East Cluster (TM 17-02 and AS
17-14) and shall expire if this project is not approved or constructed.
Resolution No. 2018-10
Page 3
PASSED AND ADOPTED this 7t' day of June 2018 by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
RECLISAL: COMMISSIONERS
ABSENT: COMMISSIONERS:
ATTEST:
Susan O'Strander, Secretary
Ashford, Estorga, Armendariz, Scheel, Fischer
Kim
Rodrgiuez
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