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12/05/2013 Planning Commission Regular Meeting Adopted 01/09/20141 Planning Commission Regular Meeting DECEMBER 05, 2013 I. 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 December 5, 2013 had been posted on November 27, 2013 at 3:05 p.m. Roll Call: Present: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi Garcia; Commissioner Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai Absent/Excused: Chair Elizabeth Sanford Deputy City Clerk Knerr reported that Chair Sanford had called in ahead of time to report her absence. Staff Present: Kristi Abrams, Community Development Director; Jolie Houston, Assistant City Attorney; Stan Ketchum, Senior Planner; Jenny Knerr, Deputy City Clerk; Susan Martin, Planning Director; Teresa Price, Senior Civil Engineer (Development); Sally Rideout, Contract Planner III. APPROVAL OF MINUTES A. November 21, 2013 Motion on Item III.A. Motion: to approve the minutes of November 21, 2013 Moved by Commissioner Richard Gullen, seconded by Commissioner Kai Lai Vote: Motion carried 5-0-1-1 Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai No: None 2 Abstain: Commissioner Christi Garcia Absent: Chair Elizabeth Sanford IV. PRESENTATION BY MEMBERS OF THE PUBLIC No comments or presentations were made V. PUBLIC HEARINGS A. Tentative Map TM 13-04 - A Tentative Map proposal to subdivide approximately 15 acres of vacant and fallow agricultural land (APN 783-16-026) located at the southwest corner of Day Road and Cougar Court. The proposal for the Silveira Subdivision would create 55 single-family residential lots with related utilities infrastructure, a two-acre detention/open space parcel, public streets with access to Day Road, a secondary emergency vehicle access route to Cougar Court, and off -site widening improvements within the public right-of-way for both Day Road and Cougar Court. There are no homes or architectural designs proposed at this time. As such, subsequent entitlement permits for Architectural and Site review will be conducted at a la ter date. Application filed by Glen Loma Group The staff report was presented by Sally Rideout contract planner with EMC Planning Group. Commissioner Gullen asked about the improvements on Santa Teresa. Chris Patton with RJA addressed the proposed improvements at Santa Teresa and Day Road. Commissioner Lai asked about the widening of Day Road. Ms. Rideout explained that the applicant would dedicate land to make the improvements and left turn lane. Commissioner Kloecker asked for clarification regarding the intersections and the Traffic Improvement Fee program. Ms. Rideout stated that improvements are needed at the intersections of Santa Teresa, Masten Avenue, Fitzgerald Road and Monterey Road. She also stated that the applicant is required to pay into the TIF fund as part of the impact on the area. Commissioner Bannister asked about if the vegetation will be reduced from 12 ft. to 2 ft. when the turn lane is put in. Ms. Rideout stated that staff will review the revisions with the changes once they are completed and then will know how many feet of vegetation there will be. 3 Vice Chair Fischer opened the public hearing. Bob Sigala stated that the intersection at Santa Teresa and Sunrise is dangerous and what happens on Day Road will impact his neighbors and him on Santa Teresa. Augie Dent spoke on behalf of the applicant and the timing of the Commission decision. Adria Spano asked if the drainage on Day Road could be looked into. She stated that last year the street was closed due to flooding. Vice Chair Fischer closed the public hearing. Commissioner Bannister stated that the flooding might subside with the installation of curbs and gutters and the detention parcel. Motion on Item V.A. Motion: to recommend that the City Council adopt the Silveira Residential Subdivision Mitigated Negative Declaration (SCH # 2013102066) and related mitigation monitoring and reporting program, based on findings required by the California Environmental Quality Act. Moved by Commissioner Richard Gullen, seconded by Commissioner Christi Garcia Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi Garcia; Commissioner Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai No: None Abstain: None Absent: Chair Elizabeth Sanford Second Motion on Item V.A. Motion: to adopt a resolution of the Planning Commission recommending that the City Council approve the Tentative Map TM 13-04 as requested, subject to certain findings and revised conditions. Moved by Commissioner Richard Gullen, seconded by Commissioner Christi Garcia Vote: Motion carried 6-0-0-1 4 Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi Garcia; Commissioner Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai No: None Abstain: None Absent: Chair Elizabeth Sanford B. Zone Change Z 13-01 - A zone change request to amend the existing zoning designation of A1 (Agriculture) to R2 PUD (Two-Family Residential, Planned Unit Development) for build-out of the Masoni III Subdivision. The subject property (APN 808-20-001) is located at the terminus of Babbs Creek Drive, generally bounded by Santa Teresa Boulevard to the south, Babbs Creek to the north, and existing homes along Starling Drive to the east. This request is being processed concurrently with TM 13-01 and AS/PUD 13-22. Application filed by The James Group Senior Planner Ketchum presented the staff report. He read into the record comments received from the Central Coast Regional Water Quality Control Board. Commissioner Lai asked if the front lot line went to the middle of the street or to the curb. Planner Ketchum stated the lot line goes to the curb not the middle of the street. Vice Chair Fischer stated he is concerned with the narrow width of the streets. He asked about vehicles being able to pass when the trash collector is picking up and what is the number guest parking spaces. Planner Ketchum explained that the HOA stated trash cans will be on the sidewalk and all curbs will be painted red. He stated he did not know if a vehicle and the trash collector will have enough room on the street to pass ea ch other and there are 9 spaces on site and 30 spaces on Babbs Creek Drive. Commissioner Bannister asked about the sidewalk being so close to the street. Planner Ketchum stated staff is working with the applicant on meandering sidewalks. Commissioner Lai asked if Babbs Creek Drive was part of the PUD or a public street. Planner Ketchum stated it is a public street and will be maintain by the City. Assistant City Attorney Houston stated it would be dedicated to the City and therefore a public street inside of the PUD. 5 Vice Chair Fischer opened the public hearing. James Suner applicant spoke on the project. He stated that he was in agreement with all the conditions. Commissioner Kloecker asked the applicant about the revised conditions and is he in agreement with the revised conditions. Mr. Suner stated that he met with staff and the only thing he does not agree with is payment of $45,000.00 for landscaping the Santa Teresa Boulevard Class 1 Trail. Commissioner Bannister asked the applicant about the solid wood fencing along Santa Teresa. Mr. Suner explained that it will be part open rail and solid fencing. He stated that he is trying to avoid the tunnel effect on Santa Teresa Boulevard. Commissioner Lai asked about the trail extension to Santa Teresa Boulevard. Mr. Suner stated the trail will be extended to the edge of the Masoni property line. He stated he will coordinate with staff to connect the trail to Glen Loma Ranch. Vice Chair Fischer stated that this is one of the finest developments that ha s come from the applicant. He commented that he does not like the narrow streets and that there is very limited parking. Vice Chair Fischer closed the public hearing. Commissioner Bannister stated he is concerned with the different type of roofs. He would like to see all tile roofs and it would like the number of homes reduced to 20 units to give more spaced between the houses. He likes the 4 lots facing Babbs Creek with the extra stone work and the larger back yards. Commissioner Kloecker stated he likes the different roof types, as they are consistent with the type of architect. Vice Chair Fischer agreed with Commissioner Bannister regarding the setbacks and stated he appreciated the applicant’s consideration of the neighbors. Commissioner Lai stated he agreed with Commissioner Bannister about removing 4 lots and making the streets wider. Motion on Item V.B. Motion: to recommend that the City Council adopt the Mitigated Negative Declaration and the related mitigation monitoring and reporting program, based on findings required 6 by the California Environmental Quality Act. Moved by Commissioner Richard Gullen, seconded by Commissioner Paul Kloecker Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi Garcia; Commissioner Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai No: None Abstain: None Absent: Chair Elizabeth Sanford Second Motion on Item V.B. Motion: to recommend that the City Council approve Zone Change Z 13-01, as amended. Moved by Commissioner Christi Garcia, seconded by Commissioner Paul Kloecker Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi Garcia; Commissioner Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai No: None Abstain: None Absent: Chair Elizabeth Sanford C. Tentative Map TM 13-01 - A tentative map request to subdivide the property (APN 808-20-001), creating 23 single-family residential lots, 0.37 acre of private open space, and 1.38 acres for expansion of the existing Babbs Creek Park Preserve on a total 5.31- acre site. The subject property is located at the terminus of Babbs Creek Drive, generally bounded by Santa Teresa Boulevard to the south, Babbs Creek to the north, and existing homes along Starling Drive to the east. This request is being processed concurrently with Z 13-01 and AS/PUD 13-22. Application is filed by The James Group Motion on Item V.C. Motion: to recommend City Council approval of Tentative Map M 13-01, subject to 7 recommended conditions. Moved by Commissioner Christi Garcia, seconded by Commissioner Richard Gullen Vote: Motion carried 5-1-0-1 Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi Garcia; Commissioner Richard Gullen; Commissioner Paul Kloecker No: Commissioner Kai Lai Abstain: None Absent: Chair Elizabeth Sanford D. Architectural and Site Review AS/PUD 13-22 - An architectural and site plan review for a planned unit development. The project design incorporates reductions from Zoning Ordinance site requirements, including lot sizes, building setbacks, and street standards. The lot size minimum for the R2 Zone is 6,000 square feet. The project lot sizes range from 4,124 to 7,852 square feet with an average size of approximately 4,300 square feet. The R2 Zone front yard setback is 26 feet from the property line. Sixteen lots have front yard setbacks below the 26-foot requirement. Combined side yard setbacks range from eight to eleven feet, compared to the R2 zone requirement of 12 feet. The project includes two private streets which do not meet City public street standards, due to the lack of on-street parking and providing sidewalks on only one side of the street. The subject property (APN 808 -20-001) is located at the terminus of Babbs Creek Drive, generally bounded by Santa Teresa Boulevard to the south, Babbs Creek to the north, and existing homes along Starling Drive to the east. This request is processed concurrently with Z 13-01 and TM 13-01. Application filed by The James Group Motion on Item V.D. Motion: to recommend City Council approval of Architecture & Site Review for Planned Unit Development AS/PUD 13-22, subject to recommended conditions with additional conditions that tile be used rather than composition shingle and pads be provided for each property for the placement of garbage cans. Moved by Commissioner Brad Bannister, seconded by Commissioner Richard Gullen Vote: Motion carried 5-1-0-1 Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi Garcia; Commissioner Richard Gullen; Commissioner Kai Lai No: Commissioner Paul Kloecker 8 Abstain: None Absent: Chair Elizabeth Sanford E. Zoning Ordinance Amendment Z 13-02 – A request to consider an ordinance amendment to portions of the Gilroy City Code to address the operation of payday lending and check cashing businesses within the city limits. The amendment would be effective citywide, and include changes to Chapter 30 (Zoning Ordinance). The Planning Commission’s action on this matter is a recommendation to the City Council. Application filed by the City of Gilroy, Community Development Department. Planning Manager Martin presented the staff report. She read into the record the proposed amendment and the new definitions. Assistant City Attorney Houston spoke about the amended proposed ordinance. Commissioner Garcia asked about the definition of a bank. Assistant City Attorney Houston explained the definition of a bank and stated it is a use classification. She stated payday lending and check cashing businesses do not fall under the same classification as a bank or off ice per California Civil Code section 1789.31. Commissioner Kloecker asked about the continuing use of the business and if a change in ownership could close the business. Assistant City Attorney Houston explained the continuing use of a business and non- conforming uses. She explained that a change in ownership alone could not close a payday lending or check cashing business; the business would have to close its doors for a period of 120 days. Commissioner Gullen commented about the definition of a bank and the statement that payday lending and check cashing businesses are not banks and are prohibited. Assistant City Attorney Houston explained that some payday lending and check cashing businesses represent themselves as banks and in the definition they are not banks. Commissioner Lai stated he was confused with the definitions between banks and payday lending and check cashing businesses. He stated we need to regulate the interest rate being charged, whether they are a bank, payday lending or check cashing business. Assistant City Attorney Houston commented that the proposed ordinance is keeping with the State code and definition so there won’t be any conflict. She stated the City cannot regulate interest rates. She read the definition of a check cashing business from 9 the California Civil Code section 1789.31. Commissioner Gullen asked about the definition of licensee under the California Financial Code. Assistant City Attorney Houston read the definition from the California Financial Code section 23001. Vice Chair Fischer opened the public hearing. Robert Sigala spoke on his experience with a payday lending business. He asked the Commission to support the ordinance. James Zahradka with the Law Foundation of Silicon Valley spoke on studies that show payday lending and check cashing businesses are targeting low-income and minority neighborhoods. Sophia Garcia of Advanced America spoke in support of payday lending and check cashing businesses. She also stated that payday lending and check cashing businesses increase employment and if this ordinance passes it will take away jobs from the community. Wendy Ho of United Way Silicon Valley spoke on services that are provided by United Way. She supports the ordinance with staff’s recommendation. Ana Rosa Camacho with United Way Silicon Valley spoke on low-income families becoming self- sufficient. She asked the Commission to pass the ordinance with staff’s recommendations. David Cox of St. Joseph’s Family Center stated that payday lending increases poverty and Gilroy has the highest payday lending and check cashing businesses in the County. He supports the ordinance as recommended. Erin O’Brien of Community Solutions urges the Commission to support the ordinance. She stated the business might be legal but it is immoral. Matt Huerta with Neighborhood Housing Services of Silicon Valley again urges the Commission to support the ordinance and restrict payday lending. Liana Molina with the California Reinvestment Collation supports the ordinance. Vice Chair Fischer closed the public hearing. Commissioner Kloecker asked about any pending payday lending businesses and can anything be done so they don’t open any more. 10 Planning Manager Martin stated that there are only 6 in the city and she is not aware of any others trying to come in. Commissioner Lai stated that constraints should be put on current lenders and asked can the City put caps on interest rates. James Zahradka explained that the City can’t regulate interest rates; interest rates are regulated by the State. Motion on Item V.E. Motion: to recommend City Council adoption of an ordinance to prohibit the establishment, expansion, or relocation of payday lending and check cashing businesses in the City of Gilroy, subject to certain findings and to include the additional 3 revisions. Moved by Commissioner Brad Bannister, seconded by Commissioner Richard Gullen Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi Garcia; Commissioner Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai No: None Abstain: None Absent: Chair Elizabeth Sanford VI. OLD BUSINESS None VII. NEW BUSINESS None VIII. CORRESPONDENCE None IX. INFORMATIONAL ITEMS A. Current Planning Projects. 11 B. Planning Staff Approvals. C. 2014 Schedule for Planning Commissioner attendance at City Council Meetings. D. 2014 Schedule for Planning Commission Meeting dates. Planning Manager Martin stated that there are no new current planning projects; there are a few projects that staff approved. She stated that schedules are included for the 2014 calendar year for Commissioners to attend the City Council meetings and the Planning Commissions regular meeting schedule. Commissioner Garcia stated that she will not be able to attend the March 6, 2014 Planning Commission meeting. X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION None XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meeting of December 2, 2013 meeting Commissioner Gullen stated that there was no report. B. Housing Advisory Committee Chair Sanford was absent and no report was given. C. Historic Heritage Committee Commissioner Garcia stated that there was no meeting. D. Arts & Culture Commission Commissioner Bannister stated that there was no meeting, just the annual party. E. South County Joint Planning Advisory Committee Commissioner Kloecker stated that there was no meeting. F. Street Naming Committee Commissioner Lai stated that there was no meeting. G. Development Standards Task Force 12 Vice Chair Fischer stated that there was no meeting. H. Sign Ordinance Review Task Force Chair Sanford was absent and no report was given I. General Plan Advisory Committee Vice Chair Fischer stated that there was no meeting. XII. PLANNING DIVISION MANAGER REPORT None XIII. ASSISTANT CITY ATTORNEY REPORT None XIV. PLANNING COMMISSION CHAIR REPORT None XV. ADJOURNMENT at 9:37 p.m. ______________________________ /s/ Susan Johnson, Deputy City Clerk