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11/01/2012 Planning Commission Regular Meeting Adopted 12/06/20121 Planning Commission Minutes Regular Meeting NOVEMBER 01, 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 November 1, 2012 was posted on October 26, 2012 at 2:10 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; Melissa Durkin, Planner II; Jolie Houston, Assistant City Attorney; Jennifer Knerr, Deputy City Clerk; Teresa Mack, Senior Civil Engineer III. APPROVAL OF MINUTES A. October 4, 2012 Motion on Item III.A. Motion: to approve the minutes of October 4, 2012 , as written. Moved by Commissioner Christi Garcia; seconded by 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 Absent: None 2 IV. PRESENTATION BY MEMBERS OF THE PUBLIC No comments or presentations were made. V. PUBLIC HEARINGS A. Z 12-04 & AS 12-39 Planned Unit Development and Architectural and Site Review to allow the construction of 68-residential units on approximately 70.59 ± acres on property zoned R1-RH-PF-PUD (Single Family Residential-Hillside Residential-Park/Public Facility-Planned Unit Development), located on the west side of Rancho Hills Drive between Sunrise and Longmeadow Drives.APN: Various (base parcel is: #783 -20-058) De Nova Homes c/o Derek Pampe, applicant. Planner II Durkin presented the staff report. Commissioner Puente asked about the water runoff from the hill west of Rancho Hills Drive and if they drainage ditch could be removed by homeowners. He also asked about the buckling of sidewalks. Senior Civil Engineer Mack stated that a hydraulic analysis was done when the improvement plans where approved and there is adequate storage and movement of the water. She stated that she was not aware of the problem with th e buckling of sidewalks in the northwest quad and she would check into the situation and get back to Commissioner Puente. Director Bischoff stated that an easement would be dedicated for the drainage ditch and could not be removed. Commissioner Bannister asked about the setbacks for the homes that are side-on Rancho Hills Drive and the fencing of those homes. He also asked if street tree will be added into the project. Planner II Durkin stated the applicant is not requesting a setback exception and explained the setback standards. She stated that the developer and staff did not want to cut into the hillside any more than necessary and that is why the applicant proposes the side-on homes. Director Bischoff commented on the f encing of the side-on homes and stating staff recommends of minimal fencing and enhanced landscaping for those homes. Planner II Durkin stated that street trees are planted where they don’t conflict with utilities and the plans for the utilities have not been submitted at this time. She also stated that there will be trees on each of the lots and that is in the landscaping plans in the packet. 3 Vice Chair Sanford asked about the preliminary street tree pallet , the red maple, and asked if it is one of the trees with root issues. Commissioner Puente added that street trees should not be planted under light poles, it obstructs the lights. Chair Aulman asked the applicant to come up and answer some questions. Derek Pampe of DeNova Homes thanked staff for all their help with the application. He stated DeNova Homes became involved with the project in August 2012 and gave a brief summary of outreach to the community surrounding the project. He stated that an open wire fence will be built to keep the natural views of the hill. He stated that they will build a bridge from the project to Carriage Hill park. Vice Chair Sanford commented that she was happy to hear about the outreach with the neighbors. She asked about construction, dust control and hours for the project. She also asked about the street trees and problems with the roots lifting side walks. Mr. Pampe stated that dust seemed to be the biggest problem and his superintendent has spoken with neighbors and visited the homes to try to help with the dust. He stated they will work with the City regarding utilities and try to incorporate as many trees as they can. Commissioner Lai asked about the larger lots, stating even though the owner cannot build past the fence line; it’s still private property and would that owner be responsible for the land up to the property line. He also asked abou t the tandem parking. Mr. Pampe stated yes the owner is responsible for property maintenance but it is subject to State and local regulations. Director Bischoff stated that the City standard requires 2 parking spaces per home and the applicant has met the City standard. The tandem spaces provide additional parking for the home owner. Commissioner Bannister asked about the poles sticking out of the retaining wall. Mr. Pampe stated that the poles are for the fence that will be constructed later. Chair Aulman opened the public hearing. Janet Espersen founder and co-chair of Save Our Gilroy Foothills, asked about the 3 custom homes that will be built with staff level approval. She stated she feel that the 3 homes should be approved through Planning Commission and City Council. Director Bischoff stated that the normal process for custom home is at the staff level. He also stated that the homes will be build close to the street and not in the middle of the 4 parcels where they might be more visually prominent. John Litzinger stated that he is happy with the work that DeNova Homes has done with the community and neighbors. He likes the ideas that the single story homes are intermingled with the 2-story homes. He asked how the proposed homes compared to those approved in the original RDO competition. He also stated the 3 homes should come back before the Commission and City Council and asked about the open space easements. Director Bischoff stated that the lots with the open space easements would be recorded with the intent of keeping the area outside the building envelopes in its natural condition. Planner II Durkin stated that concept is the same as the original RDO, single family homes. William Scheid stated he is concerned with the utility trenches in the street and felt that the asphalt capping of the utilities does not meet current City standards. He feels the roads need to be repaved and asked what is the City doing about that. Senior Civil Engineer Mack stated that DeNova Homes has agreed to overlay Rancho Hills Drive the entire length of the project. Connie Rogers thanked Commissioners Puente and Bannister for their comments. She is concerned about the hillside staying very wet and the drainage of the water. Millette Litzinger commented on the side-on homes and feels that the homes should fit the lot. She commented on the removal of dirt and grading. She would like to know what size of home is going on each lot. She feels that the City should have been more involved with getting the contractor to fix the neighbors problems. She also asked if local contractors are being used. Chair Aulman closed the public hearing. Commissioner Bannister asked staff if behind the retaining walls there are drains to drain the water to the street. He also asked if local contractors are being used. Senior Civil Engineer Mack stated the retaining wall was reviewed and approved by the building department. Mr. Pampe stated that there is a concrete J ditch running the length of the hillside to capture water and take it to the street and there are drains behind the wall. He stated that it is their preference to use local contractors. Steph Peek of DeNova Homes also stated that they do use local contractors. Commissioner Puente thanked DeNova Homes for their work with the community and he 5 stated that nothing can be done with the road until after winter. Vice Chair Sanford asked about enforcement of construction in regards to hours and parking. Director Bischoff stated that DeNova is following City Code stating Saturday hours do start at 9:00 a.m. Chair Aulman thanked staff and the developer for coming together on the project. Commissioner Bannister stated he would like to see condition 7 and 8 changed from discretionary to mandatory. He would like the 3 custom lots to come back before the Commission, the use of stucco fences with more landscaping and no 6 bedroom homes. Director Bischoff stated that if the Commission approves the project, all the conditions become mandatory. Commissioner Garcia stated that standard procedures should be followed and staff should approve the 3 lots. She felt the landscaping is suitable and it’s not the Commissions place to say who purchases the homes and how many families live there. Commissioner Bannister stated that 6 bedrooms are a lot of bedrooms to have in a residential area with a lot of cars. He stated that he is asking to increase the landscaping along the fence lines. Chair Aulman stated she agrees with Commissioner Garcia that we don’t need to add any more requirements on this project. She stated by State law the City does not have any control on how many people or families live in a home and therefore the number of bedrooms makes no difference. Assistant City Attorney Houston stated that State law and case law state you cannot restrict the occupants or limit occupancy to one family due to equal protection. Commissioner Puente state he would like to see mature plants installed. Commissioner Fischer stated he agrees with Commissioner Bannister regarding removing the 6th bedroom. He stated he is not limiting the number of people just the number of bedrooms, the more people the more cars. He agrees with having the 3 custom lots come back before the Commission and there should be more landscaping along the fences. Motion on Item V.A. Motion: to recommend City Council approve Z 12-04 & AS 12-39 Planned Unit Development and Architectural and Site Review to allow the construction of 68- residential units on approximately 70.59 ± acres on property zoned R1-RH-PF-PUD 6 (Single Family Residential-Hillside Residential-Park/Public Facility-Planned Unit Development), located on the west side of Rancho Hills Drive between Sunrise and Longmeadow Drives.APN: Various (base parcel is: #783-20-058) De Nova Homes c/o Derek Pampe, applicant with enhanced landscaping and fencing as described. Moved by Commissioner Christi Garcia; seconded by Commissioner Brad Bannister 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. Z 12-03 Zone Text Amendment to Zoning Ordinance Section 50.62 (b) to create an Interim Exemption to the Residential Development Ordinance. Planner II Durkin presented the staff report. Commissioner Bannister questioned the restriction on the number of homes per year. He also asked if that number could be changed depending on the project needs and if the Commission could override the limits if needed. Director Bischoff stated if the Commission would like to consider either a limit placed on the number of units each project receives or consider allowing the total unit numbers to fluctuate from year to year, staff can work on drafting language for that purpose. Commissioner Garcia questioned section 11 wording and stated she would like to see the word “all” used. She also asked about the limit on number of units per year and can the limit be carried over to the next year. Planner II Durkin stated that the ordinance as written provides for an annual limit that could not be carried over. Vice Chair Sanford asked if there has been communication with the school district about the draft exemption. Planner II Durkin stated that there has been no communication with the school district at this time. Commissioner Fischer asked if this ordinance is like the shovel ready ordinance that the 7 City Council repealed. Planner II Durkin stated this ordinance is like the shovel ready ordinance but it is less restrictive. Chair Aulman opened the public hearing. John Litzinger stated he feels that this matter should be put on hold until after a new Council is seated. He stated that this ordinance is throwing out all the rules. William Scheid asked if the community has the resources to allow the new homes to be build at this time. He stated that there has to be a limit and without a limit we have no control. Connie Rogers spoke about the RDO and the RDO competition. She stated besides the school district needing to keep up with the housing, the sewer plant also needs to be expanded. She also stated she feels that an annual allocation is in the best interest of the City. Tom Espersen stated that the ordinance should be placed on hol d until after the election. Rob Oneto with RJA stated that this ordinance is an interim provision and is to occur in a narrow window of time. He stated that there are consequences to placing time limits on tentative maps, and another limit for improvements and final map. James Suner spoke on the Harvest Park development and the allocations. He spoke on the time limits. Assistant City Attorney Houston reminded the Commission that this is about the Zoning Ordinance not about a specific project. Chair Aulman closed the public hearing. Vice Chair Sanford asked how the time frame was established. Director Bischoff stated that the intent was to have a very short window. He stated the Council has express interest in looking at the RDO issue in the near future. Commissioner Fischer stated he has serious concerns regarding this ordinance. He stated one of the biggest problems is that a developer would want to increase density on his project and would roll right through the process; circumventing what the neighbors expected to be built. He stated he cannot support this ordinance. Assistant City Attorney Houston stated that the RDO exemption was amended where the units needed to be built within 2-years and cannot be banked into the future. She reminded the Commission that this is a recommendation to the Council and the 8 Commission can recommend denial, approval or approval with reservation. Commissioner Fischer asked if the Commission can add language into the ordinance that would make projects with existing allocation more restrictive. Director Bischoff stated yes the Commission can add language to restrict current allocations. Planner II Durkin stated a new subsection addressing the restriction of current allocations and explained the language. Commissioner Garcia asked if the discussion could be tabled until the Commission had more time to look over the ordinance. Commissioner Sanford stated she thinks this should be tabled until the new Council is seated. Commissioner Fischer stated that the language is going in the right direction and he would be happy to help staff further refine it, if needed. Commissioner Lai stated he agrees that the discussion should be tabled until the Commission has more time to look over the ordinance. Director Bischoff stated that if the Commission decides to table the discussion please give staff as much direction and input as possible so the ordinance could be ready for the next meeting. Vice Chair Sanford commented what she is hearing is the Commission needs more time and maybe not necessarily have direction for staff but the Commission needs more time to look it over and discuss the ordinance. Director Bischoff asked is the Commission would like a subcommittee to look over the ordinance. Commissioner Fischer stated he likes the idea of a subcommittee and would be happy to work on it. Assistant City Attorney Houston commented that direction might be given on the comparison to the shovel ready ordinance that Council repealed and limit of units. Commissioner Fischer stated that the Commission should wait until the new Council is seated. Motion on Item V.B. Motion: to continue the item and to create a subcommittee to study Z 12-03 Zone Text 9 Amendment to Zoning Ordinance Section 50.62 (b) to create an Interim Exemption to the Residential Development Ordinance with a report back to the Commission at the December 6, 2012 meeting. Moved by Commissioner Tom Fischer; seconded by Commissioner Brad Bannister 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 Second Motion on Item V.B. Motion: to appoint Commissioners Tom Fischer and Christi Garcia to the subcommittee. Moved by Commissioner Elizabeth Sanford; seconded by 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 VI. OLD BUSINESS None. VII. NEW BUSINESS A. 2013 Planning Commission Meeting Schedule Director Bischoff presented the staff report. Motion on Item VII.A. 10 Motion: to approve and accept 2013 Planning Commission meeting schedule moving the January 3rd meeting to January 10th, moving the July 4th meeting to July 18th and cancelling the August meeting. Moved by Commissioner Christi Garcia; seconded by Commissioner Brad Bannister 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 VIII. CORRESPONDENCE None. IX. INFORMATIONAL ITEMS A. Current Planning Projects B. Planning Staff Approvals Director Bischoff gave a brief summary of the current planning projects and staff approvals. C. 2013 Schedule for Planning Commissioner attendance at City Council Meetings Schedule Director Bischoff stated this is an informational item. X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION None. XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meeting of October 1 and 15 meetings, 2012 Commissioner Puente gave a brief summary of the October 1st and 15th meetings. 11 B. Housing Advisory Committee Vice Chair Sanford stated that there was no meeting. C. Historic Heritage Committee Commissioner Garcia stated that 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 stated that she was unable to attend the meeting. F. Street Naming Committee Commissioner Puente stated that there was no meeting. G. Development Standards Task Force Commissioner Fischer stated that there was nothing to report. H. Sign Ordinance Review Task Force Vice Chair Sanford gave a brief summary of the meeting. XII. PLANNING DIVISION MANAGER REPORT Director Bischoff stated that Commissioner Lai asked about name tags for the Commission. He stated that the City can order name tags for Commissioners if they would like and to please let him know. XIII. ASSISTANT CITY ATTORNEY REPORT None. XIV. PLANNING COMMISSION CHAIR REPORT None. XV. ADJOURNMENT at 9:20 p.m. ____________________________________ /s/ Susan Johnson, Deputy City Clerk 12