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04/05/2012 Planning Commission Regular Meeting Adopted 05/03/20121 Planning Commission Minutes Regular Meeting APRIL 05, 2012 I. PLEDGE OF ALLEGIANCE Vice Chair Sanford called the meeting to order at 6:30 p.m. and led the pledge of allegiance. II. REPORT ON POSTING THE AGENDA AND ROLL CALL Deputy City Clerk Knerr reported that the agenda for the Regular Planning Commission meeting of April 5, 2012 had been posted on March 30, 2012 at 2:45 p.m. Roll Call: Present: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Christi Garcia; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford Absent: Chair Terri Aulman Director Bischoff stated that Chair Terri Aulman had called to report that she would be unable to attend that evening’s meeting. Staff Present: Kristi Abrams, Community Development Department Director/Building Official; David Bischoff, Director of Planning and Environmental Services; Linda Callon, City Attorney; Don Dey, Transportation Engineer; Melissa Durkin; Planner II; Jennifer Knerr; Deputy City Clerk III. APPROVAL OF MINUTES January 5, 2012 Motion on Item III.A. Motion: to approve the minutes of January 5, 2012. Moved by Commissioner Kai Lai; seconded by Commissioner Tom Fischer. Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Christi 2 Garcia; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford No: None Abstain: None Absent: Chair Terri Aulman IV. PRESENTATION BY MEMBERS OF THE PUBLIC No comments or presentations were made. V. PUBLIC HEARINGS A. CUP 12-02 Conditional Use Permit to allow the continued operation of a gas station, located at 398 First Street on property zoned C1 (Neighborhood Commercial). Philip and Irene Pae, applicant Director Bischoff presented the staff report. Seeing no questions from Planning Commissioners Vice Chair Sanford opened the public hearing. Judith Gelwicks, owner and resident of 7860 Hanna Street, spoke about her concerns regarding the propane fumes. She recommended that a gas station never be allowed in an existing residential area due to traffic, noise, smell of gasoline, propane fumes and other problems associated with gas stations. She also mentioned the soundwall should be higher that what is planned. Ms. Gelwicks asked that the Planning Commission to reconsider traffic pattern and the use of the northerly entrance/exit. She stated concern about the liquor license. She mentioned there are other liquor stores in the area and the grocery stores on First Street sell liquor. Joyce Taylor spoke about the project. She agreed with the previous speaker and was especially concerned about the liquor license. She also said the area needs to be cleaned up. Vice Chair Sanford closed the public hearing. Vice Chair Sanford re-opened the public hearing and invited the applicant to speak. Ihsan Tumenbatur, the owner’s representative, spoke in support of the project. He stated the sale of liquor has been at this gas station for over 20 years and he wants to continue that operation. 3 Vice Chair Sanford closed the public hearing. Don Dey spoke about First Street being a State Highway and was developed for commercial businesses 40 plus years ago. He stated design standards from that era are not applicable for today’s conditions. Due to traffic safety concerns recommendations had been made to close the drive-way closest to the intersection on Hanna Street. Commissioner Puente stated that it made sense taking out the driveway close to the stop sign on Hanna Street. He asked about noise standard and stated that a street light is needed if it’s dark on the street. Commissioner Fischer asked about the proposed soundwall, how far does it extend to Hanna Street and what is the tallest height. Director Bischoff stated that the maximum height in a commercial zone is 6 -ft and in a residential zone the maximum height is 7-ft. He stated if the soundwall is in a residential zone it is can be 3-feet tall in the front yard area. If it’s in a commercial zone there is no limitation. David commented that the ABC license is issued by the state upon recommendation by the Police Department/City. The zoning ordinance stated that off-site liquor sales are a conditional use. Commissioner Fischer asked about an enclosure for the refrigeration unit on the roof of the building in order to reduce the noise impact. Director Bischoff stated it might be possible to put a sound barrier around the unit. City Attorney Callon spoke that the gas station has a right to the Conditional Use Permit with reasonable conditions. It cannot be a motion to deny the use permit. It has to be a motion that grants the use permit with certain conditions. Motion on Item V.A. Motion: to adopt Resolution 2012-01 approving CUP 12-02 Conditional Use Permit to allow the continued operation of a gas station, located at 398 First Street on property zoned C1 (Neighborhood Commercial) with all staff conditions. With the additional requirement that the applicant build a screen around at least 3 sides of the refrigeration unit as well as requiring full 8 percent landscaping. Plans should be submitted to the Planning Division for approval prior to issuing the building permit. If the ABC license is approved and there are no objections from the Gilroy Police Department, this Conditional Use Permit will allow for the sales of alcoholic beverages on site. Motion by Commission Ermelindo Puente to re-open the public hearing. 4 Vice Chair Sanford by motion of the Commission re-opened the public hearing. Ihsan Tumenbatur spoke about the State of California ABC license application Form 245 and that it was signed off by the Gilroy Police Department. Vice Chair Sanford closed the public hearing. Moved by Commissioner Tom Fischer, seconded by Commissioner Ermelindo Puente. Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Christi Garcia; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford No: None Abstain: None Absent: Chair Terri Aulman B. Z 12-01 Zone Change amendments to the Downtown Specific Plan and Zoning Ordinance are proposed to regulate dancing in the districts covered by the Downtown Specific Plan and Commercial zoning districts. City of Gilroy, applicant. Director Abrams presented the staff report. City Attorney Callon stated that only 1 of the 3 large venues is protected under this ordinance, the Rio Nilo. The other 2 venues will need to file an application to obtain the permits. Vice Chair Sanford asked what is the permit process and is it an annual renewal. Director Abrams spoke about the approval process and policy. Applications will be reviewed on a first come first serve basis with a waiting list. Applicants will have 30 days to summit their applications with no guarantee of approval. Permits will be renewed yearly and an applicant has 30 days from date of expiration to file for renewal. Vice Chair Sanford opened the public hearing. Bill Scheid asked how the public dance permit applies to churches and other non-profit organizations. Vice Chair Sanford closed the public hearing. 5 Director Abrams reviewed the definition of public dance permit and stated church functions attended by members do not fall under the regulations. If the church rents out their hall, they might need a special event permit. Motion on Item V.B. Motion: to recommend City Council approve Z 12-01 Zone Change amendments to the Downtown Specific Plan and Zoning Ordinance are proposed to regulate dancing in the districts covered by the Downtown Specific Plan and Commercial zoning districts. Motion to include the Council-directed amendment relating to the approval process for 4 or more large dancing venues. Moved by Commissioner Brad Bannister; seconded by Commissioner Tom Fischer. Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Christi Garcia; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford No: None Abstain: None Absent: Chair Terri Aulman VI. OLD BUSINESS A. M 09-03 Continued Discussion regarding potential amendments of the Zoning Ordinance. Planner II Durkin presented the staff report. Commissioner Lai asked about Section 49.31 regarding the nomination and appointment procedure. Planner II Durkin explained the appointment process. Applications are submitted; interviews are conducted and applicants are appointed by the City Council as a whole. City Attorney Callon commented on the proposed word changes. Director Bischoff stated that the change is to follow current practice. He stated that the Mayor does not appoint and the Council approve. He stated that they will do more research regarding existing policy. Commissioner Lai asked about the term “minor deviation.” 6 Director Bischoff commented that they could use a different term if the Commission preferred. The Commission agreed to leave the wording as is. Vice Chair Sanford asked about the removal of Section 50.36 and what does this mean to land uses. Director Bischoff suggested that the Commission could look at the use tables when the Zoning Ordinance is brought back before the Commission. At that time they would be able to add these uses to appropriate districts. Commissioner Garcia asked about Section 50.41 and is there recourse if someone does not go through our system. Planner II Durkin stated that Code enforcement enforces compliances with the City’s laws. Director Bischoff stated that an open use should undergo review. He explained there is a loophole currently in the code. Commissioner Puente stated that the loophole should be closed. City Attorney Callon stated in Section 51.11, the property owner should agree to the application. Planner II Durkin explained that Section 51.13(a) requires property owners consent. Director Bischoff discussed Section 51.20 fee requirements and stated only the City Council could waive fees. Commissioner Puente asked about notification to neighbors on projects. Planner II Durkin stated that notifications are mail to property owner’s addresses that are on the County’s Tax Assessors records and notices are published in the paper. B. Planning Commission Committee Assignments. Director Bischoff presented the staff report and noted that Historic Heritage Committee is the only committee that needed to be filled. Commissioner Garcia volunteered to fill the position on the Historic Heritage Committee. C. Planning Commission Retreat - Recap of Meeting Conduct. 7 Director Bischoff presented the staff report. City Attorney Callon spoke about re-opening public hearings that have been closed and the applicant is present. She stated based on a motion of the majority of the Commission and if the information is relevant and not repetitive, a public hearing could be re-opened. VII. NEW BUSINESS None VIII. CORRESPONDENCE Director Bischoff stated the only correspondence was presented on the dais. IX. INFORMATIONAL ITEMS A. Current Planning Projects B. Planning Staff Approvals X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION Commissioner Fischer attended the League of California Cities Planners Institute. He gave a brief overview of the conference. Director Bischoff commented that he hopes to budget in the future for more Commissioners to attend the conference. XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meetings of January 9 and 23; February 6; March 5 and 19 and April 2, 2012. Commissioner Bannister gave a brief summary of the January 9 and 23, 2012 City Council meetings. Commissioner Lai stated that he did not bring his notes and does not have a summary of the February 9 and 23 City Council meetings. Commissioner Puente gave a brief summary of the March 5 and 19 City Council meetings. Chair Aulman was absent and no report was given. B. Housing Advisory Committee 8 Vice Chair Sanford stated there was no meeting. C. Historic Heritage Committee Director Bischoff stated there was no meeting. D. Arts & Culture Commission Commissioner Bannister gave a brief summary of the meeting. E. South County Joint Planning Advisory Committee Chair Aulman was absent and no report was given. F. Street Naming Committee Commissioner Puente stated there was no meeting. G. Climate Action Plan Stakeholder Advisory Committee Commissioner Lai stated there was no meeting and mentioned Stan Ketchum provided a report at the Planning Commissions Retreat. H. Development Standards Task Force Commissioner Fischer stated the first meeting was organizational and the second began the review of public development standards. XII. PLANNING DIVISION MANAGER REPORT Director Bischoff spoke about an email from Philip Willis regarding an application for a CUP to allow the sale of beer and wine at the coffee shop at Fifth and Monterey. He spoke about the cell tower at the Elks Lodge. He also stated that Director Abrams will be attending the next meeting in his place. Director Bischoff encouraged the Commission to attend the grand opening of the new library on April 28, 2012. XIII. ASSISTANT CITY ATTORNEY REPORT None XIV. PLANNING COMMISSION CHAIR REPORT None 9 XV. ADJOURNMENT at 8:45 p.m. _________________________________ /s/ Susan Johnson, Deputy City Clerk