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10/04/2012 Planning Commission Regular Meeting Adopted 11/01/20121 Planning Commission Regular Meeting OCTOBER 04, 2012 I. PLEDGE OF ALLEGIANCE Chair Aulman called the meeting to order at 6:28 p.m. and led the pledge of allegiance. II. REPORT ON POSTING THE AGENDA AND ROLL CALL Deputy City Clerk Knerr report that the agenda for the regular Planning Commission meeting of October 4, 2012 has been posted on September 28, 2012 at 3:30 p.m. Roll Call: Present: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Chair Terri Aulman Absent: Commissioner Christi Garcia; Vice Chair Elizabeth Sanford Commissioner Christi Garcia and Vice Chair Elizabeth Sanford arrived at 6:30 p.m. and took their seats at the dais. Staff Present: Kristi Abrams, Community Development Director/Building Official; Melissa Durkin, Planner II; Jolie Houston, Assistant City Attorney; Stan Ketchum, Senior Planner; Jennifer Knerr, Deputy City Clerk; Teresa Mack, Senior Civil Engineer. III. APPROVAL OF MINUTES B. September 6, 2012 Commissioner Puente noted that he had called in to let the Commission know that he would not be attending the evenings meeting. Motion on Item III.B. Motion: to approve the minutes of September 6, 2012 with the amendment noted by Commissioner Puente. Moved by Commissioner Tom Fischer; seconded by Commissioner Brad Bannister Vote: Motion carried 7-0-0-0 2 Yes: Present: 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 A. August 23, 2012 Motion on Item III.A. Motion: to approve the minutes of August 23, 2012. 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 IV. PRESENTATION BY MEMBERS OF THE PUBLIC No comments or presentations were made. V. PUBLIC HEARINGS A. CUP 12-23 Conditional Use Permit to allow an accessory dwe lling unit to be established on the second story of a proposed two-story accessory structure on property zoned RH (Residential Hillside), located at 2400 Olea Court. APN: 790 -36-031. SCP Inc, applicant. Commissioner Bannister recused himself due to his residence being within 500 feet of the property and left the dais. Director Abrams presented the staff report. 3 Commissioner Puente asked if the removed trees could be planted in a city park. Assistant City Attorney stated they could be. Chair Aulman opened the public hearing. Ryan Scantena homeowner liked the idea of moving the trees to a city park and asked if that number would include the trees that the arborist reported as diseased. Director Abrams stated that there has been no motion to replant the trees and the question would go to the Commission if that motion is approved. Chair Aulman closed the public hearing. Commissioner Puente stated 12 trees will be removed and asked how many are reported to be dead or diseased. Director Abrams asked the applicant to come back to the podium to answer the question regarding the number of dead trees. Fred Scantena of SPC, Inc. stated that the trees are diseased not dead and donating tress within the community would be fine. Vice Chair Sanford commented that donating the trees to the community should be a voluntary condition not mandatory on this project. Commissioner Puente stated he thinks it should be mandatory. If you cut down trees they should be replaced. Vice Chair Sanford stated that the homeowner is in agreement with donating trees to the community. Commissioner Puente asked the applicant if he would be willing to donate a few small trees to the parks. Ryan Scantena stated that he would be willing to donate a few small trees to the city for planting. Director Abrams stated that a condition could be added that the applicant agreed to donate “X” number of trees. Assistant City Attorney Houston asked for clarification regarding the trees removed from the project site. She asked if the trees removed from the site would be replanted. Commissioner Puente stated that replanting the removed trees would be too expensive and the applicant could purchase and donate small trees. 4 Assistant City Attorney stated if the applicant purchase small trees and donates them, it would have to be voluntary and not a condition of approval. Director Abrams stated that provision of replacement trees would be made part of the project description. She asked if there were an agreeable number of replacement trees. Commissioner Puente stated 8 trees. Mr. Scantena agreed on the 8 trees. He asked if it would be the oak tree and what size. Planner II Durkin, stated standard is 15 gallons and Public Works would decide on the specific type of tree. Director Abrams stated 815-gallons trees. Commissioner Puente agreed to 8 15-gallon trees. Motion on Item V.A. Motion: to approve CUP 12-23 Conditional Use Permit to allow an accessory dwelling unit to be established on the second story of a proposed two-story accessory structure on property zoned RH (Residential Hillside), located at 2400 Olea Court as recommended by staff to include donation to the City of 8 15-gallon trees for the City to plant in a City park. Moved by Commissioner Christi Garcia; seconded by Commissioner Ermelindo Puente Vote: Motion carried 6-0-1-0 Yes: Commissioner Tom Fischer; Commissioner Christi Garcia; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford; Chair Terri Aulman No: None Abstain: Commissioner Brad Bannister Absent: None Commissioner Bannister returned to the dais B. CUP 12-25 Conditional Use Permit to allow a religious institution on the first floor of a building, on property zoned DHD (Downtown Historic District), located at 7652 Monterey Street. APN: 841-04-013. South Valley Community Church, applicant. Vice Chair Sanford disclosed she is a member of the South Valley Community Church. 5 Senior Planner Ketchum presented the staff report. Chair Aulman opened the public hearing. John Russell a volunteer for Rally Around Downtown Gilroy group stated the group is happy to see the church coming into downtown. Gary Walton property owner stated he is happy with the staff report and wants to thank staff for expediting the CUP. He also thanked Lee Butler for all his work on the project. He handed out a letter from the Downtown Association regarding parking in the downtown area. John Taft CFO for South Valley Community Church thanked staff for expediting the application. He stated the church accepts and will work the recommendations from staff. He stated the church is excited to go into the downtown area. Isaac Serrano stated he is excited to see the church going into downtown. He stated the church will help the young and old through different programs that it has to offer for both English and Spanish speaking individuals. Jose Montes a downtown property owner stated he is excited that the church is going into downtown. He stated that this will give life to the downtown especially on Sunday’s. He hopes this helps all properties within the downtown area. Chair Aulman closed the public hearing. Commissioner Bannister stated he had spoke with Gary Walton earlier in the week regarding the project. Vice Chair Sanford thanks staff for expediting the application and working with the church and Mr. Walton on resolving the issues. Commissioner Puente stated he spoke with Mr. Walton. Commissioner Bannister asked Mr. Walton about the issue of parking. Mr. Walton indicated he and the church are fine with the parking. Commissioner Lai commented that the church could speak to surrounding businesses and ask to use their parking lots on Sundays if they are concerned about parking. Chair Aulman stated she is pleased that staff and the applicant worked together to make this project come to be. Motion on Item V.B. 6 Motion: to approve CUP 12-25 Conditional Use Permit to allow a religious institution on the first floor of a building, on property zoned DHD (Downtown Historic District), located at 7652 Monterey Street. APN: 841-04-013. South Valley Community Church, applicant with modified conditions as presented by staff. Moved by Commissioner Brad Bannister; seconded Commissioner Christi Garcia 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 C. Z 12-02 Zone Change from GD (Gateway District) to GD-PUD (Gateway District- Planned Unit Development), located on Monterey Street between Tenth Street and Luchessa Avenue. APN: 799-33-045. Signature Development Group c/o Tom Quaglia, applicant. Planner II Durkin stated that there will be one staff report for items V.C. Z 12 -02; V.D. TM 12-02; and VII.A. AS 12-29. She then presented the report to the Commission. Assistant City Attorney Houston clarified for the record that even though the homes do not meet the Zoning Ordinance or City Street Regulations it is a PUD. The PUD allows flexibility in setbacks and in the streets which is reflected in the Negative Declaration. Commissioner Bannister asked if the fence on the eastern side of the property will be taken down and a wall put up. He also asked about the wall on the north side of the project adjacent to the theaters. Planner Durkin stated that the applicant will construct a wooden fence along the western side of the project. On the theater side a wall will be constructed. Commissioner Lai commented that you can’t turn north on Monterey and is that going to change or will it stay the same. He asked who will pay for the sidewalk and bike lane on Monterey. Planner Durkin stated that is correct, leaving the project you have to make a u-turn at Luchessa to go north. She stated the applicant will pay for the sidewalk and bike lane. 7 Commissioner Fischer asked about the public to private road transition. The report states asphalt will be used instead of concrete for the street. He also asked who will maintain the landscape and parks. Planner Durkin stated that asphalt can be used at the driveways and then stamped concrete. She also stated that the Home Owners Association will be responsible for maintaining the landscape and park areas. Chair Aulman opened the public hearing. Tom Quaglia of Signature Development Group spoke about the history of the project, outreach to the neighbors, speaking to staff and going before Council. He spoke abou t the landscape and entry into downtown. He stated Signature Development offered to put in the sidewalk south of their project to Irwin Court. He clarified why a wooden fence would be placed between the homes and the project and not a wall. Commissioner Bannister asked about the wooden fence and who would be responsible for the maintenance. Mr. Quaglia stated there will be a HOA and the HOA will be responsible. Commissioner Fischer asked about the asphalt. Mr. Quaglia stated at the entry there will be stamped asphalt which is colored and last longer. Chair Aulman closed the public hearing. Motion on Item V.C. Motion: to recommend City Council approve Z 12-02 Zone Change from GD (Gateway District) to GD-PUD (Gateway District-Planned Unit Development), located on Monterey Street between Tenth Street and Luchessa Avenue. APN: 799-33-045. Signature Development Group c/o Tom Quaglia, applicant. Moved by Commissioner Christi Garcia; seconded Commissioner Tom Fischer 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 8 Absent: None Motion on Item V.D. Motion: to approve TM 12-02 Tentative Map to create 60-residential lots on property zoned GD (Gateway District), located on Monterey Street between Tenth Street and Luchessa Avenue. APN: 799-33-045. Signature Development Group c/o Tom Quaglia, applicant. Moved by Commissioner Christi Garcia; seconded 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 VI. OLD BUSINESS VII. NEW BUSINESS Motion on Item VII.A. Motion: to approve AS 12-29 Architectural and Site Review to allow the construction of 60-residential units on property zoned GD (Gateway District), located on Monterey Street between Tenth Street and Luchessa Avenue. APN: 799-33-045. Signature Development Group c/o Tom Quaglia, applicant with modification to condition 12, the homeowners’ association shall maintain all private streets, common areas, landscaping and the good neighbor fence within the subdivision. Moved by Commissioner Christi Garcia; seconded 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 9 Abstain: None Absent: None VIII. CORRESPONDENCE IX. INFORMATIONAL ITEMS A. Current Planning Projects B. Planning Staff Approvals Director Abrams stated reports are in the packets for the Planning Projects and Staff Approvals. X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meeting of September 10 and 17, 2012. Commissioner Lai gave a brief summary of the September 10 and 17 City Council meetings. B. Housing Advisory Committee Vice Chair Sanford gave a brief summary of the meeting. C. Historic Heritage Committee Commissioner Garcia stated that there was no meeting. D. Arts & Culture Commission Commissioner Bannister stated that there was no regular meeting but they did have a special meeting and gave a brief summary. E. South County Joint Planning Advisory Committee Chair Aulman stated that she was not able to attend the meeting. F. Street Naming Committee Commissioner Puente stated that there was no meeting. G. Development Standards Task Force 10 Commissioner Fischer gave a brief summary of the meeting. H. Sign Ordinance Review Task Force Vice Chair Sanford gave a brief summary of the first meeting. XII. PLANNING DIVISION MANAGER REPORT Director Abrams stated that there was no report. XIII. ASSISTANT CITY ATTORNEY REPORT Assistant City Attorney Houston stated that there was no report. XIV. PLANNING COMMISSION CHAIR REPORT Chair Aulman stated that there was no report. XV. ADJOURNMENT at 8:08 p.m. ___________________________________ /s/ Susan Johnson, Deputy City Clerk