06/07/2012 Planning Commission Regular Meeting Adopted 07/26/20121
Planning Commission Minutes
Regular Meeting
JUNE 07, 2012
I. PLEDGE OF ALLEGIANCE
Chair Aulman 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 the agenda for the regular Planning Commission
meeting of June 7, 2012 was posted on May 31, 2012 at 12:30 p.m.
Roll Call:
Present: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner
Christi Garcia; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair
Elizabeth Sanford; Chair Terri Aulman
Staff Present:
David Bischoff, Director of Planning and Environmental Services; Jolie Houston,
Assistant City Attorney; Jennifer Knerr, Deputy City Clerk; Teresa Mack, Senior Civil
Engineer
III. MAYOR’S ANNUAL PRESENTATION TO THE PLANNING COMMISSION
Mayor Pinheiro thanked the Planning Commissioners for their service on behalf of the
City Council.
Mayor Pinheiro gave the Commissioners an overview of what the Council has been
working on and will be working on including a sales tax measure for Gilroy Unified
School District and the South Valley Jr. High School pool, budget and sales tax, Pas eos
and parking lots downtown, and South County gang issues with Morgan Hill and the
County. He also stated priorities for the City Council can be found on the City’s website.
Commissioner Puente thanked the Mayor for everything he has done for the City of
Gilroy and the time he spends on city issues.
Vice Chair Sanford asked about the sales tax measure for the School District.
Mayor Pinheiro stated that the School District asked the City to help them with a sales
tax measure that would benefit both the City and the School District.
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IV. APPROVAL OF MINUTES
A. May 3, 2012
Motion on Item IV.A.
Moved by Commissioner Tom Fischer, seconded by Vice Chair Elizabeth Sanford
Vote: Motion carried 7-0-0-0
Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Christi
Garcia; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth
Sanford; Chair Terri Aulman
No: None
Abstain: None
Absent: None
V. PRESENTATION BY MEMBERS OF THE PUBLIC
No comments or presentations were made.
VI. PUBLIC HEARINGS
A. CUP 12-04 Conditional Use Permit to allow a detached two -story accessory
structure, on property zoned R1 (Single Family Residential) located at 510 Ronan
Avenue. APN 790-01-009 Arthur Wilkinson, applicant.
Director Bischoff presented the staff report.
Vice Chair Sanford asked about the applicant being required to put in a sidewalk and
the layout of the sidewalk.
Director Bischoff stated that the Municipal Code requires that the applicant put in the
sidewalk and the sidewalk will be located behind the trees so they do not have to be
removed.
Chair Aulman opened the public hearing.
Seeing no public comments Vice Chair Aulman closed the public hearing.
Vice Chair Aulman stated she felt it is not necessary for the applicant to put in the
sidewalk due to neighbors on both sides of the home do not have sidewalks.
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Director Bischoff stated that if the Commission felt the sidewalk is not necessary at this
time the Commission could omit that Condition with a finding that it is infeasible to
construct at this time.
Commissioner Garcia state that it is important to stay within the Code and the sidewalk
should be required.
Commissioner Fischer stated that he feels sidewalks are important and should be a
requirement.
Chair Aulman stated she viewed the property she feels the sidewalk is not important.
Commissioner Lai stated if the sidewalk is a requirement then the applicant should have
to put in the sidewalk as required by the Code.
Motion on Item VI.A.
Motion: to adopt Resolution 2012-03 approving CUP 12-04 Conditional Use Permit to
allow a detached two-story accessory structure, on property zoned R1 (Single Family
Residential) located at 510 Ronan Avenue.
Moved by Commissioner Christi Garcia, seconded by Commissioner Kai Lai
Vote: Motion carried 7-0-0-0
Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Christi
Garcia; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth
Sanford; Chair Terri Aulman
No: None
Abstain: None
Absent: None
B. CUP 12-05 Conditional Use Permit to allow the continued operation of a gas and
service station, located at 8385 Monterey Street on property zoned GD (Gateway
District). APN 790-38-032 Rolando Barroso, applicant.
Director Bischoff presented the staff report.
Commissioner Fischer asked about the timeline regarding the Conditions that need to
be completed and what happens if the work is not completed.
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Director Bischoff stated that if the Conditions are not completed within the timeline the
Planning Commission could schedule a public hearing and decide at that time what to
do.
Commissioner Garcia clarified that the 180 days timeline pertain s to the painting,
refurbish existing landscaping, construct a trash enclosure and remove the existing
container. She also clarif ied that the 2 year timeline is for the issues of landscaping
percentage and the closure of the driveways.
Director Bischoff stated that the timelines are at the discretion of the Commission.
Commissioner Sanford commented that closing two driveways could create a bit of
confusion when cars are parking along the southern property line.
Commissioner Bannister commented that he would like to see one driveway closed on
Welburn and keep the driveways open on Monterey.
Chair Aulman stated that it would not be practical if you are going to the freeway to stop
and get gas and have to come out on Monterey, and then have to make a u -turn to get
back to Leavesley.
Commissioner Lai stated that if the driveways should be closed, the y should be closed
now and not in 2 years. He stated that the site should be brought up to Code before the
station is opened.
Chair Aulman stated she is concerned with the property and with it being in the
Gateway District it should be presentable with new paint and as much landscaping as
possible.
Commission Garcia stated that her concern is that the applicant cannot financially afford
to make all the improvements at this time. She stated that she would like the applicant
to open with minimal landscaping and fresh paint.
Commissioner Puente stated that the Commission should let the applicant open and
make the improvements at a later date.
Chair Aulman opened the public hearing.
Glen Gurries representative for the property owner spoke on the history of the property.
He also thanked Director Bischoff for being attentive and helpful with regards to the
project. He stated that the owner is willing to paint and landscape to get the business
operating and they would like to wait on other improvements until they are financially
able to make those improvements.
Mr. Gurries stated that escrow closed more than 4 months ago and the owners have
been making mortgage payments on the property and need to open the business. They
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would like to make some improvements at the same time they open the business and
come back to the Commission in about 2 years for the rest of the improvements
including closing of the driveways.
Chair Aulman closed the public hearing.
Vice Chair Sanford commented on the closure of the driveways and landscaping. She
stated she would like to see the landscaping separate from the driveway closures and
let the business start operating.
Commissioner Bannister stated he would like to see the driveways revisited at a later
date with the landscaping. He stated that 6 percent would be a good percentage of
landscaping and the paint color of the building should be approved by the City.
Commissioner Garcia stated she would like to see the business operating and the
Commission can revisit the Conditions within a 2 year period.
Commissioner Fischer commented that the applicant needs to complete all Conditions
requested of them before opening. He stated if allowed to open then the Conditions will
never be completed since there is not enough room for construction vehicles,
equipment and personnel and customers trying to get gas and services.
Vice Chair Sanford stated she feel that the business needs to start operation and she
does not feel that closure of the driveways would impede the operation of the business
or traffic on the corner.
Commissioner Puente stated the business needs to start operation and the rest will
work itself out at a later date.
Chair Aulman stated she too would like to see the business in operation with minimal
landscaping and new paint.
Commissioner Bannister stated that the building should be painted and landscaping
done before the business opened. He also stated that the driveway closures and
additional landscaping could be done within 2 years.
Motion on Item VI.B.
Motion: to adopt Resolution 2012-02 approving CUP 12-05 Conditional Use Permit to
allow the continued operation of a gas and service station, located at 8385 Monterey
Street on property zoned GD (Gateway District) with amendments. Modify Condition 5
to have applicant submit plans for 6% landscaping and irrigation within 9 months and
have landscaping installed within one year. Modify Condition 4 to allow continued use
of the cargo container and to construct a new trash enclosure within 180 da ys.
Moved by Vice Chair Elizabeth Sanford, seconded by Commissioner Brad Bannister
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Vote: Motion carried 6-1-0-0
Yes: Commissioner Brad Bannister; Commissioner Christi Garcia; Commissioner Kai
Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford; Chair Terri Aulman
No: Commissioner Tom Fischer
Abstain: None
Absent: None
VII. OLD BUSINESS
None
VIII. NEW BUSINESS
A. Appointment of Commission Member to Serve on Sign Ordinance Review Task
Force.
Director Bischoff presented the staff report.
Vice Chair Sanford volunteered to serve on the Sign Ordinance Review Task Force.
Motion on Item VIII.A.
Motion: to appoint Vice Chair Elizabeth Sanford to serve on the Sign Ordinance Review
Task Force.
Moved by Commission Christi Garcia, seconded by Commissioner Ermelindo Puente
Vote: Motion carried 7-0-0-0
Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Christi
Garcia; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth
Sanford; Chair Terri Aulman
No: None
Abstain: None
Absent: None
IX. CORRESPONDENCE
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None
X. INFORMATIONAL ITEMS
A. Current Planning Projects
B. Planning Staff Approvals
Director Bischoff gave an overview of the Current Planning Projects and Planning Staff
Approvals.
C. Report to City Council on AS-PUD 11-16 Fresh Group
Director Bischoff stated this report was included for Commission information and that it
clarified a number of issues discussed at the last Commission meeting.
XI. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION
None
XII. ORAL REPORTS BY COMMISSION MEMBERS
A. City Council Meetings of May 7 and 21, 2012
Commissioner Fischer gave a brief summary of the meetings.
Director Bischoff stated that Commissioner Lai would not be available to attend the
August City Council meeting and asked for another Commissioner to attend.
Commissioner Christi Garcia volunteered to attend the August City Council meeting.
B. Housing Advisory Committee
Vice Chair Sanford stated there was no meeting.
C. Historic Heritage Committee
Commissioner Garcia stated there was no meeting.
D. Arts & Culture Commission - Commissioner Bannister
Commissioner Bannister gave a brief summary of the meeting.
E. South County Joint Planning Advisory Committee
Chair Aulman stated there was no meeting.
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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.
H. Development Standards Task Force
Commissioner Fischer stated there was no meeting.
XIII. PLANNING DIVISION MANAGER REPORT
Director Bischoff stated that there are no projects that would need the Commission
review and therefore the Planning Commission meeting of June 28, 2012 should be
cancelled. The next Planning Commission meeting will be July 26, 2012.
XIV. ASSISTANT CITY ATTORNEY REPORT
Assistant City Attorney Houston stated there is no report.
XV. PLANNING COMMISSION CHAIR REPORT
Chair Aulman stated there is no report.
Commissioner Fischer asked that an updated schedule of Commissioners attending the
City Council meetings be prepared.
Director Bischoff stated that he will get Commissioners an updated schedule.
Vice Chair Sanford asked that a new schedule be emailed to the Commissioners.
XVI. ADJOURNMENT at 8:12 p.m.
______________________________
/s/ Susan Johnson, Deputy City Clerk