HECKER PASS BUILDER’S REMEDY APPLICATION

The 2480 & 2740 Hecker Pass Subdivision (AS 23-19 & TM-23-03) is located on Hecker Pass Highway immediately south of the roundabout on both sides. The proposed project consists of 116 single-family homes, including a total of nine extremely low-income units. About 40 of these new homes would directly back up to the bike path. All existing buildings (Hoey red barn & house) would be demolished.

Gilroy GrowingSmarter opposes this application in the area called “the jewel of Gilroy” for many reasons: loss of agricultural land, loss of views from Hecker Pass, demolition of the Hoey red barn, increased density and traffic. It will damage our designated tourism corridor and our quality of life. Because this development application was submitted as a Builder’s Remedy, state law allows them to override planned zoning and limits a city from denying the project except in very limited circumstances. See the following:

A city or county may deny a builder's remedy project or impose conditions that render the project infeasible if it can show that the denial or conditions (i) are required by state or federal law, (ii) are required to avoid a significant, adverse impact to public health and safety that is based on objective, written standards that existed on the date the application vested, or (iii) the project is "proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project."

On September 15th we held a meeting of 25 residents at the Gilroy Library and decided on this course of action:

1. to submit many comments of the Draft Environmental Impact Report before the comment period closes on October 5th.

2. to help build the case for the City Council to deny this application on grounds of loss of agriculture.

Please help us accomplish this. Comment by using this link: CEQA@cityofgilroy.org

A copy of the Draft EIR can be viewed on cityofgilroy.org by using this link: Draft Environmental Impact Report - Hecker Pass Subdivision

A hard copy of the Draft EIR is available upstairs at the Gilroy Library (350 W. Sixth Street) and at the City of Gilroy Community Development Department.

HOW TO MAKE AN EIR COMMENT

To comment effectively on a Draft Environmental Impact Report (EIR), focus your feedback strictly on the physical environmental analysis, provide factual evidence, and submit your written comments before the official deadline. [1, 2]

Under environmental laws like the California Environmental Quality Act (CEQA), lead agencies must evaluate and prepare written responses to all substantive environmental comments received on a Draft EIR. [1]

WHAT MAKES AN EFFECTIVE COMMENT

Be Specific: Reference the exact page, section, and paragraph number of the Draft EIR you are addressing. [1]

Focus on Flaws: Point out specific data omissions, errors in methodology, incomplete existing conditions, or unenforceable mitigation measures. [1]

Provide Evidence: Back up your claims with data, scientific studies, expert opinions, or clear personal observations rather than general complaints. [1, 2]

Avoid General Opinions: Statements like "I don't like this project" are often classified as non-substantive and receive a brief "Comment Noted" response rather than triggering a detailed agency revision. [1]

STEP-BY-STEP SUBMISSION PROCESS

Review the Document: Start with the Executive Summary to understand the project scope, determinations of significance, and proposed mitigations.

Draft Your Letter: Use clear, objective language. Clearly state your name, contact address, and specific affiliation.

Submit on Time: Send your comments via email or physical mail prior to the posted closing date and time of the public review period.

Keep Records: Save a copy of your submitted letter and any delivery confirmations for your records. [1, 2

A copy of the Draft EIR can be viewed on cityofgilroy.org by using this link: https://www.cityofgilroy.org/1008/2480-2740-Hecker-Pass-Residential-Projec

A hard copy of the Draft EIR is be available at the Gilroy Library (350 W. Sixth Street) and the City of Gilroy Community Development Department.