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01/10/2013 Planning Commission Regular Meeting Adopted 02/07/20131 Planning Commission Regular Meeting JANUARY 10, 2013 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 January 10, 2013 had been posted on January 4, 2013 at 4:15 p.m. Roll Call: Present: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford Absent/Excused: Commissioner Christi Garcia Staff Present: Kristi Abrams, Community Development Director/Building Official; David Bischoff, Director of Planning and Environmental Services; Lee Butler, Development Center Manger; Andy Faber, Acting City Attorney; Jennifer Knerr, Deputy City Clerk; Teresa Mack, Senior Civil Engineer; Rick Smelser, Public Works Director/City Engineer III. APPROVAL OF MINUTES A. December 6, 2012 Motion on Item III.A. Motion: to approve the minutes of December 6, 2012 as written. Moved by Commissioner Tom Fischer, seconded by Commissioner Ermelindo Puente Vote: Motion carried 3-0-2-1 Yes: Commissioner Tom Fischer; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford No: None 2 Abstain: Commissioner Brad Bannister; Commissioner Kai Lai Absent: Commissioner Christi Garcia IV. PRESENTATION BY MEMBERS OF THE PUBLIC No comments or presentations were made. V. PUBLIC HEARINGS Vice Chair Sanford announced that Item V.E. would be continue d to the meeting of February 7, 2013. V. General Plan Amendment GPA 12-01: Amendment to the General Plan Map to re- designate as many as 14 parcels from General Services Commercial and Low Density Residential to High Density Residential. Parcels considered for re-designation include the following: Area 2, APNs 808-01-021, 808-01-022 and 808-01-023; Area 3, APNs 790-21-041, 790-41-055 and 790-41-067; Area 4, APNs 790-35-001 and 790-36-002; Area 5, APNs 790-14-025, 790-14-075, 790-14-091, 790-15-036 and 790-15-041; and Area 6, APN 808-39-066. City of Gilroy, applicant. Director Bischoff presented the staff report. Director Smelser spoke about certifying the housing element and the City’s ability to receive grant funds from various agencies. He stated the urgency of the Commission to approve the item and not to delay or continue it. Director Bischoff continued with the staff report. Rita Garcia of RBF Consulting stated she was the Project Manager for the Mitigated Negative Declaration and Initial Study. She spoke about the environmental process and findings for the Initial Study. Frederick Venter of RBF Consulting spoke about the traffic analysis for the project. Commissioner Puente asked about the 2000 highway manual reference in the study and asked is there a more recent manual. Mr. Venter stated that there is a new highway manual from 2010. He stated that the standards used for the study was the appropriate level of service based on the City’s General Plan adopted in 2002. Director Bischoff continued the staff report. He noted that when the staff report was written not all property owners were in support in area 2, but since that time he has spoken with all property owners and they are all in support of the redesignation. He also stated that the property owner in areas 3.1 and 3.2 has changed their mind and 3 would like the keep their property as commercial. Commissioner Puente asked about the traffic study and the impact on Masten Avenue. Director Abrams stated that Masten Avenue was not part of this study. She stated that Masten Avenue was included in the General Plan update. Director Bischoff clarified that he covered items V.A., V.B., V.C., and V.D. and recommended that the public hearing should be conducted on all 4 items, simultaneously. Commissioner Bannister asked for clarification on the property owners in favor of the redesignation of their property. Director Bischoff stated that property owners of areas 2, half of 3, all of 4 and 5 are in favor. Areas 1 and 6 there was no response from the property owners. Vice Chair Sanford opened the public hearing. Michael Catangay spoke about the impact on services in area 6 and he asked that area 6 be kept as single family homes. Mark Zappa spoke about the traffic impact on Santa Teresa, Luchessa and Thomas Roads and increase in traffic with Gavilan College and the opening of the new Las Animas School in the area. Michelle Moon stated that her home is adjacent to the property in area 6. She also stated that there is wildlife that feeds on the property. Ray Blagof stated a petition was given to the Deputy City Clerk that was signed by the residents in area 6 opposing the change in zoning. He stated that there would be a decrease in property values for surrounding homes and crime would increase. He also stated that traffic has increased since the new Las Animas School opened and with Gavilan College. Karyn Corbett spoke about congestion on the streets in area 6. She asked that the Commission remove area 6. Darryl Boyd of Metropolitan Planning Group representing the prope rty owner at 8877 Monterey Road, parcel 5.5, is in support of staff’s recommendations. David Wierzba stated area 6 is not within walking distance of any retail or other services, including transportation. He stated there is a Gavilan College bus shuttle that runs only at certain times. Ken Dowd stated that traffic, public safety and property values are a concern to the 4 residents in area 6. Greg Neal read from the General Plan and stated area 6 does not fit into the definition for retail and other services for high density housing. Mike Bavduin stated he opposes area 6 change to R4. He reiterated the traffic issue and that there are no retail or other services to support higher densities. He asked for clarification on the number of units for R4. Director Bischoff stated that the minimum for R4 high density would be 20 units per acre and current maximum of 30 units per acre for a total of 180 units for 6 acres. Mike Fautt stated crime does go up with high density housing and traffic is now a problem and will only continue to get worse. Lee Scoggins stated he is concerned with area 4.1 and 4.2. He stated that traffic is terrible right now on Welburn and will only get worse if high density housing goes in. John Newton stated he opposes high density housing in area 6. He stated that he was on the Committee for the General Plan and area 6 does not fall into the criteria for high density housing. John Razumicl partner with the Imwalle property stated he supports area 2 to change to R4 high density housing. He stated he has spoken with the Benassi family and they too agree with the change to R4. Patty Sweeney stated she is concerned with the Zoning Ordinance. She asked if the Zoning Ordinance changes would affect the Downtown Specific Plan. Director Bischoff stated the only change proposed for the Downtown would establish a minimum density of 20 units per area for mixed use projects. Marcia Queen spoke on removing area 6 from the R4. Matt Newton spoke on the effect on Las Animas school. He stated that the school is overcrowded and adding high density housing will create even more problems. Kathleen Jackson stated she and her family oppose high density in area 6. She stated the infrastructure would not support the addition housing. Jovani Torres stated he and his family love Gilroy, they live near area 6 and they oppose the change in zoning. Dawn Pan asked how did area 6 get selected for change to R4. Director Bischoff clarified how the parcels were selected. He stated staff looked into 5 available land within the City and then a process of what would be the best possible area for high density housing started. The City Council, Planning Commission, and Housing Advisory Committee decided what areas might be acceptable to high density housing. Vice Chair Sanford closed the public hearing. Commissioner Bannister stated if area 6 and area 3.1 and 3.2 where removed we still meet the States requirement for the minimum acreage to be rezoned. Vice Chair Sanford commented that she sat on the Housing Advisory Committee and the Committee did not think area 6 was a good fit, but City Council decided to look into all the areas. Commissioner Puente stated that 20 years ago area 6 had wildlife on the property before the single family homes were built. He stated not everyone can afford to purchase a home and not all apartment renters are criminals. Commissioner Fischer thanked the member of the public who commented on the item. He stated that he favors removal of areas 6 and 1. Vice Chair Sanford asked for clarification of area 1. Director Bischoff stated area 1 is currently zoned R3 and there would not be much of a traffic impact to this area. The area that would be effected the most would be area 6 from R1 to R4. He also stated area 1 would change from about 12 units per acre to about 20 units per acre. Commissioner Puente stated traffic is a problem on Thomas and the bridge is too narrow for vehicles and bikes to have enough room. Vice Chair Sanford stated areas 6, 3.1 and 3.2 should be removed and areas 1, all of 2, 3.3, all of 4 and 5 should be approved. Commissioner Lai agrees that area 1 is not much of a change and areas 6, 3.1 and 3.2 should be removed. Motion on Item V.A. Motion: to recommend City Council adopt the Mitigated Negative Declaration. Moved by Commissioner Brad Bannister, seconded by Vice Chair Sanford Vote: Motion carried 5-0-0-0 Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Kai 6 Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford No: None Abstain: None Absent: Commissioner Christi Garcia Second Motion on Item V.A. Motion: to recommend City Council approve GPA 12-01 designating areas 2, 3.3, 4, and 5 High Density Residential. Moved by Commissioner Brad Bannister, seconded by Vice Chair Sanford Vote: Motion carried 5-0-0-0 Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford No: None Abstain: None Absent: Commissioner Christi Garcia B. Zoning Ordinance Amendment Z 12-06: Amendment to the text of the Zoning Ordinance to establish a minimum density of 20 units per acre in the R-4 High Density Residential zoning district and for the residential portion of mixed use projects in the Historic, Cannery and Expansion Districts of the Downtown Gilroy Specific Plan. City of Gilroy, applicant. Motion on Item V.B. Motion: to recommend City Council approved Z 12 -06. Moved by Commissioner Tom Fischer, seconded by Commissioner Brad Bannister Vote: Motion carried 5-0-0-0 Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford No: None Abstain: None 7 Absent: Commissioner Christi Garcia C. Zone Ordinance Amendment Z 12-07: Amendment to the Zoning Map to rezone as many as 15 parcels R-4 to High Density Residential. The parcels are currently zoned, R-3 Medium Density Residential, R-1 Single Family Residential, C-3 Shopping Center Commercial and CM Commercial Industrial. Motion on Item V.C. Motion: to recommend City Council approved Z 12-07 including areas 1, 2, 3.3, 4 and 5. Moved by Commissioner Tom Fischer, seconded by Vice Chair Sanford Vote: Motion carried 5-0-0-0 Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford No: None Abstain: None Absent: Commissioner Christi Garcia D. Zoning Ordinance Amendment Z 12-08: Amendment to the text of the Downtown Gilroy Specific Plan to establish a minimum density of 20 units per acre for the residential portion of mixed use projects in the Historic, Cannery and Expansion Districts. City of Gilroy, applicant. Motion on Item V.D. Motion: to recommend City Council approve Z 12-08 amendment to the text of the Downtown Gilroy Specific Plan to establish a minimum density of 20 units per acre for the residential portion of mixed use projects in the Historic, Cannery and Expansion Districts. Moved by Commissioner Tom Fischer, seconded by Vice Chair Sanford Vote: Motion carried 5-0-0-0 Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford No: None 8 Abstain: None Absent: Commissioner Christi Garcia Vice Chair Sanford called for a five-minute recess. Vice Chair Sanford reconvened the meeting at 8:20 p.m. E. Conditional Use Permit CUP 12-26 to allow installation of a monopole in the form of a pine tree (monopine), and associated ground-mounted equipment for cellular transmission service. The subject property is located at the site of City Water Tank F-1, 1552 Walton Heath Court, (APN: 810-75-008). Metro PCS c/o Tricia Knight, applicant. Vice Chair Sanford stated that Item V.E. would be continued to the next meeting February 7, 2013. Vice Chair Sanford opened the public hearing. Seeing no public comments Vice Chair Sanford closed the public hearing. Motion on Item V.E. Motion: to continue CUP 12-26 until the next regular meeting of February 7, 2013. Moved by Commissioner Tom Fischer, seconded by Commissioner Kai Lai Vote: Motion carried 5-0-0-0 Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford No: None Abstain: None Absent: Commissioner Christi Garcia F. Zone Ordinance Amendment Z 12-05: Amendment to Zoning Ordinance Section 44 regarding Street Furniture in the public right of way and adoption of a policy for placement of street furniture in the public right of way. City of Gilroy, applicant. Development Center Manager Butler presented the staff report. Commissioner Puente asked about restaurants on First Street and would they be able to take up parking spaces in the small private parking lots. 9 Mr. Butler stated that this policy would only apply to the public right of way and not private parking lots. Commissioner Lai stated he is concerned with tables and chairs sitting right next to the curb and the safety of people using those chairs. Mr. Butler stated that with the new policy tables and chairs could not be within 2 ’ of the curb. Vice Chair Sanford asked about the restriction on table and chair sizes. She also asked why was the text amended. Mr. Butler stated with the new policy there are no restrictions. He stated that Garlic City Café was interested in additional seating without interfering with the sidewalk. The City met with the Downtown Business Association and the Chamber of Commerce and the draft copies where distributed to the downtown restaurants and other businesses. Commissioner Bannister asked if the clearance from the street curb could be modified by the Commission or Council. He also asked about the pedestrian walkway. Mr. Butler stated yes, the number could be modified but the clearance must be at least 2’ from street curb that number could be more but not less. Also, the Commission could change the pedestrian walkway from 5’ to 4’ if they would like. Commissioner Lai commented that he is concerned with children sitting at tables at the curb. Vice Chair Sanford opened the public hearing. Mike Brownfield spoke on the history of the building where Garlic City Café is located and said that he measured the sidewalk and seating area in the of the Café. He commented that 7:00 a.m. might to a little late for coffee shops to start seating outdoors. He stated he does not have any problems with the ordinance. Vice Chair Sanford closed the public hearing. Commissioner Bannister stated that we could look into allowing a 5:30 a.m. start time and he would like to see 4’ for the pedestrian walkway. Motion on Item V.F. Motion: to recommend City Council approve Z 12-05 with minimum sidewalk distance of 4 feet and time of outdoor seating to begin at 6:00 a.m. Moved by Commissioner Brad Bannister, seconded by Commissioner Tom Fischer 10 Vote: Motion carried 5-0-0-0 Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford No: None Abstain: None Absent: Commissioner Christi Garcia VI. OLD BUSINESS VII. NEW BUSINESS A. Elect Planning Commission Chairperson and Vice Chairperson for 2013. Director Bischoff presented the staff report. Commissioner Lai asked if the Commission could wait until the next meeting because at that time two new Commissioners would be seated . Vice Chair Sanford stated the by-laws state that every January the Commission needs to elect a Chairperson and Vice Chairperson. Motion on Item VII.A. Motion: to elect Vice Chair Sanford as Planning Commission Chairperson for 2013. Moved by Commissioner Brad Bannister, seconded by Commissioner Kai Lai Vote: Motion carried 5-0-0-0 Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford No: None Abstain: None Absent: Commissioner Christi Garcia Second Motion on Item VII.A. Motion: to elect Commissioner Tom Fischer as Planning Commission Vice Chairperson for 2013. 11 Moved by Commissioner Brad Bannister, seconded by Commissioner Kai Lai Vote: Motion carried 5-0-0-0 Yes: Commissioner Brad Bannister; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford No: None Abstain: None Absent: Commissioner Christi Garcia VIII. CORRESPONDENCE Director Bischoff stated the only correspondence was presented on the dais for Items V.A. – V.D. IX. INFORMATIONAL ITEMS A. Current Planning Projects. B. Planning Staff Approvals Director Bischoff gave a brief summary of the current planning project s and staff approvals. X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION None XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meeting of December 3 and 10, 2012 Commissioner Fischer gave a brief summary of the December 10, 2012 meeting. B. Housing Advisory Committee Chair Sanford gave a brief summary of the meeting. C. Historic Heritage Commission Commissioner Garcia was absent and no report was given. 12 D. Arts & Culture Commission Commissioner Bannister stated that there was no meeting. E. South County Joint Planning Advisory Committee Director Bischoff stated that there was no meeting. F. Street Naming Committee Commissioner Puente stated that there was no meeting. G. Development Standard Task Force Commissioner Fischer stated that there was no meeting. H. Sign Ordinance Review Task Force Chair Sanford stated that there was no meeting. XII. PLANNING DIVISION MANAGER REPORT Director Bischoff stated that the City Council appointed Paul Kloecker and Richard Gullen as the new Planning Commissioners and they will be seated at the Feb ruary 7, 2013 meeting. He stated the Oak Creek Project has not submitted any applications at this time and Director Bischoff stated he has handed out the League of California Cities Planning Commissioner Institute brochures to the Commissioners. XIII. ASSISTANT CITY ATTORNEY REPORT None XIV. PLANNING COMMISSION CHAIR REPORT None XV. ADJOURNMENT at 9:08 p.m. _________________________________ /s/ Susan Johnson, Deputy City Clerk