Resolution No. 2016-14 | Zoning Amendment 16-01, HP Giacalone Subdivision | Adopted 04/07/2016RESOLUTION NO. 2016-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY DENYING ZONE CHANGE APPLICATION (Z 16-01), TO
AMEND THE HECKER PASS SPECIFIC PLAN TO ALLOW OPEN
FENCING WITHIN THE 115-FOOT HECKER PASS HIGHWAY
SETBACK CORRIDOR, INCREASE THE MAXIMUM HEIGHT OF
FENCING THROUGHOUT THE SPECIFIC PLAN, AND CHANGE THE
LAND USE DESIGNATION FROM AGRI-TOURIST COMMERCIAL TO
RESIDENTIAL CLUSTER FOR AN APPROXIMATE 2.1-ACRE PORTION
OF THE PROPERTY OWNED BY GIACALONE & CHRISTOPHER
LOCATED BETWEEN HECKER PASS HIGHWAY (STATE ROUTE 152)
AND LONE OAK LANE. APPLICATION FILED BY NORTHERN
CALIFORNIA LAND AND ENTITLEMENT CONSULTANTS C/O SKIP
SPIERING.
WHEREAS, Northern California Land and Entitlement Consultants (the "applicant')
submitted an application requesting a Zone Change/Specific Plan Amendment (Z 16-
01) to amend the Hecker Pass Specific Plan to allow open fencing within the 115-foot
Hecker Pass Highway Setback Corridor, increase the maximum height of fencing
throughout the specific plan from six (6) feet to seven (7) feet, and change the specific
plan land use designation for an approximate 2.1-acre portion of a 6.28-acre parcel
owned by Giacalone and Christopher (APN 810-20-006) from Agri -tourist Commercial
(AT) to Residential Cluster (RC); and
WHEREAS, the Planning Commission of the City of Gilroy has considered the Zone
Change/Specific Plan Amendment request (Z 16-01) in accordance with the Gilroy
Zoning Ordinance, and other applicable standards and regulations; and
WHEREAS, said Zone Change/Specific Plan Amendment application was referred to
various City departments, including the Technical Advisory Committee for
recommendations; and
WHEREAS, the Planning Commission on April 7, 2016 considered the staff report dated
April 7, 2016 ("Staff Report"), public comment, and all other documentation related to
application Z 16-01 at a duly noticed public hearing; and
WHEREAS, an Environmental Impact Report (EIR) was prepared for the Hecker Pass
Specific Plan as part of the review of the specific plan review in 2004, and, due to the
modifications proposed as part of the current applications, an addendum to the certified
EIR has been prepared; and
WHEREAS, the addendum EIR determined that no new impacts will occur associated
with the proposed amendment, and therefore, the certified EIR is sufficient to address
the environmental effects of the proposed project, and no further environmental analysis
is required to comply with the California Environmental Quality Act; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
Zone Change/Specific Plan Amendment application Z 16-01 in accordance with the
Hecker Pass Specific Plan, the Gilroy General Plan, the Gilroy Zoning Ordinance, and
other applicable standards and regulations; and
WHEREAS, the Planning Commission finds the Zone Change/Specific Plan
Amendment application to be inconsistent with the goals and policies of the Hecker
Pass Specific Plan and the Gilroy Zoning Ordinance, as described in the April 7, 2016
staff report; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Gilroy hereby denies Zone Change/Specific Plan Amendment application Z 16-
01 due to its inconsistency with the Hecker Pass Specific Plan and the Gilroy Zoning
Ordinance.
PASSED AND ADOPTED this 7th day of April, 2016 by the following roll call vote:
AYES: COMMISSIONERS: Rodriguez, Kloecker, Armendariz, Ashford, Fischer, Lai
NOES: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Gullen
ATTEST:
Rebecca Tolentino, Secretary
_-T0:• _a
Sue Rodriguez, Chairpers