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05/15/2014 Planning Commission Regular Meeting Adopted 06/05/20141 Planning Commission Special Meeting MAY 15, 2014 I. PLEDGE OF ALLEGIANCE Chair Fischer called the meeting to order and led the pledge of allegiance. II. REPORT ON POSTING THE AGENDA AND ROLL CALL Christina Villarreal reported the agenda for the special Planning Commission meeting of May 15, 2014 was posted on May 9, 2014 at 1:45 p.m. and the revised agenda was posted May 9, 2014 at 3:15 p.m. Roll Call: Present: Commissioner Brad Bannister; Commissioner Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Chair Tom Fischer Absent/Excused: Commissioner Elizabeth Sanford Chair Fischer stated Commissioner Sanford called and said she may be late. Staff Present: Kristi Abrams, Community Development Director; Lee Butler, Development Center Manager; Shawna Freels, City Clerk; Jolie Houston, Assistant City Attorney; Susan Martin, Planning Manager; Henry Servin, Transportation Engineer; Christina Villarreal, Office Assistant Community Development Department III. APPROVAL OF MINUTES None IV. PRESENTATION BY MEMBERS OF THE PUBLIC None V. PUBLIC HEARINGS A. A request for a planned unit development (PUD) zoning amendment to revise the previously approved McCarthy Business Park PUD to accommodate future realignment of Cameron Boulevard, Luchessa Avenue, and Camino Arroyo. In order to accommodate the development proposal, minor changes are proposed to the existing PUD guidelines and the PUD area would be expanded to include an additional four 2 acres. In addition, a corresponding General Plan Amendment would modify maps to accurately show the future roadway alignments. Assessor’s Parcel Numbers 841 -17- 100, 841-17-101, 841-17-104 through 112, 841-17-115, and 841-84-001 through -009. (GPA 13-01/Z 13-06); United Natural Foods, Inc., Applicant An associated architectural and site review (and PUD permit) proposes develop of an approximately 440,000 square-foot warehouse and distribution building (Phase 1), along with attached administrative and shipping offices. The subject property is addressed at 6350 Camino Arroyo (APNs 841-17-111, -112, and -115), consists of approximately 53 acres, and is generally located at the southerly intersection of Cameron Boulevard and Venture Way. The site is generally bounded by Venture Way to the north and also includes parcels on the west side of Camino Arroyo at the Venture Way intersection. The Phase 1 building will be ~1,000 feet in length, ~440 feet in depth and ~53 feet in height, and includes an associated ~10,000 square-foot truck maintenance building with fueling, parking, landscaping and storm-water treatment. Phase 2, anticipated to include an additional 370,000 square feet of warehouse/distribution building area, is not proposed for architectural and site review at this time. (A/S 13-18 architectural and site review) Development Center Manager Butler presented the staff report and stated the Commission is also considering an Environmental Impact Report (EIR) prepared for the general plan amendment, zoning and arch and site permit. Commissioner Bannister asked for clarification on the roadway re-alignment and any proposed roundabouts in the industrial areas. Development Center Manager Butler described the building plans and proposed re- alignment of Cameron Boulevard, future extension of Luchessa Avenue and connection to Camino Arroyo. It was also clarified that no roundabouts are expected here. Traffic Engineer Servin stated the plan is to install traffic signals in the industrials areas; roundabouts are primarily used in residential areas, since they have a different function. Commissioner Lai asked when the Luchessa arterial is completed and if employees would use the Luchessa Avenue arterial instead of Highway 152. Development Center Manager Butler stated the Luchessa Avenue and Cameron Boulevard extension beyond the site are not warranted by this project. The extension will be constructed when the Machado site is developed. Commissioner Lai expressed his concern regarding commuter traffic and UNFI trucks at this site. He asked for clarification of the number of employees per shift. Development Center Manager Butler stated traffic was analyzed as part of the EIR and no significant impact was found. He stated that the total number of employees for the first phase is 250 with maybe half (125) of the employees on site at one time. The 3 second phase is expected to add another 200 employees. Chair Fischer asked about Cameron Boulevard, south of Luchessa Avenue. Development Center Manager Butler stated the General Plan does not show Cameron Boulevard extending any further, but that does not mean that a roadway network cannot be established later. Commissioner Lai asked about the red line on the map south of Luchessa Avenue. Development Center Manager Butler stated Camino Arroyo on the General Plan is shown through Luchessa Avenue. Development Center Manager Butler continued the staff report. Commissioner Bannister asked if changes to the screen wall are part of the arch and site consideration. Development Center Manager Butler stated the fences are part of the arch and site request and that the proposed fence heights deviate from the development guidelines. Development Center Manager Butler continued with the staff report. He commented on a letter received today requesting the applicant install solar panels at the site. Commissioner Lai asked is Cameron Boulevard a private or public road. Development Center Manager Butler clarified that Cameron Boulevard is a public road that would connect to Luchessa Avenue Commissioner Lai questioned a public road through the project s ite on both sides. He also asked would the public be able to drive through Cameron Boulevard to Luchessa Avenue onto Monterey Street. Development Center Manager Butler clarified the public would be able to drive from Cameron Boulevard to Luchessa Avenue. Part of the conditions of approval is dedication of the roadway as an easement for public street purposes. Commissioner Bannister questioned the aesthetics of screening the trucks at the staging area on Cameron Boulevard. He also questioned the tilt-up concrete used for the building in phase 1. Development Center Manager Butler talked about screening the trucks with additional landscaping and he stated that the east and south facades are constructed with insulated metal panels and the front is the tilt-up concrete. 4 Commissioner Bannister commented that he is happy with the 21% landscaping and would like to see additional trees. He questioned why is the applicant striving for LEED gold, but the City has conditioned for LEED silver. Development Center Manager Butler stated that the applicant believes they will achieve LEED gold. If the applicant achieves LEED silver they will still meet many of the energy efficiency standards and water efficiency standards and that by itself will improve the project well beyond what is typically required for projects. Commissioner Gullen asked about incorporating solar panels into the project and the LEED certification between silver and gold and whether it makes a difference. Development Center Manager Butler stated that the roof-tops could accommodate solar panels, but that would be up to the applicant. He explained the difference between silver and gold in the energy classification system. Commissioner Lai asked about Cameron Boulevard being the only truck route in and out of the facility and when the road is completed to Luchessa Avenue; will Luchessa Avenue be able to handle the truck traffic. Development Center Manager Butler stated that Luchessa Avenue would be able to handle truck traffic and that is an arterial route for the trucks. Cameron Boulevard will be the direct route to either Highway 101 or Highway 152. Traffic Engineer Servin stated Luchessa Avenue will be an arterial route and all streets will be designed for a higher traffic index and truck graded. Commissioner Lai asked what impacts can be anticipated on Luchessa Avenue and Monterey Street with the trucks. Traffic Engineer Servin spoke on the traffic improvements at Luchessa Avenue and Monterey Street that are scheduled with another developer. Chair Fischer asked about the type of fencing to be installed on Venture Way. He also asked why the applicant needs to stage trucks on the street when they have plenty of truck stalls. Development Center Manager Butler stated a chain link fence will be installed on the south and west sides of the project and the east and north will be tubular steel fencing. He spoke on the long hauler truckers (non-UNFI employees) that bring in materials and the need for the long haul truckers to have a place to park until the materials are unloaded. Commissioner Bannister asked if the truckers could park in the area for phase II and not have a staging area. 5 Development Center Manager Butler stated that would be a question for the appl icant. Commissioner Bannister asked about capping unused bridge abutments, the monument sign and flag pole at the corner of Camino Arroyo and Venture Way. Development Center Manager Butler explained that area will be enhanced with landscaping, flag pole and signage. He stated that the abutments extend up to the existing grade with rebar sticking out and the rebar is what needs to be capped. Tad Stearn with PMC described the EIR timelines, approach, findings, alternatives, comments and responses. Development Center Manager Butler continued the staff report. Chair Fischer opened the public hearing. Assistant City Attorney Houston commented on the rules and procedures adopted by the Planning Commission at the March 6, 2014 meeting. She stated the applicant is given a total of 10 minutes to present the project with a 5 minute rebuttal time and the public is given 3 minutes to speak. Todd Newland of UNFI spoke on the history of the company, going green and using solar. He spoke about adding their commitment to sustainability, LEED certified facilities, additional landscaping and staging of long haul truckers. Commissioner Bannister asked about staggering of long haul trucks coming into the yard and building materials at their other distribution facilities, compared to Gilroy. Mr. Newland stated that they stagger truckers coming into the facility to not have trucks sitting and clarified the building materials used at the other distribution facilities is the same building materials proposed for Gilroy. Commissioner Bannister asked about the LEED certification. Mr. Newland explained the LEED certification, applying for credits from the Green Building Council and their commitment for gold, though he only wanted a condition requiring LEED silver, because they could lose points during the certification process. Tammy Brownlow of Gilroy Economic Development Corporation commented on the project and asked the Commission to approve the project. Ellen Trescott represents Gilroy Citizens for Responsible Development commented on the EIR, standard air quality, greenhouse gases, solar panels and ag mitigation. She asked the Commission not to approve this project. 6 Dane Deacon resident of Gilroy spoke on keeping the farm land, traffic from the project and asked the Commission to not approve the project. Margarita Reese spoke on construction workers affected by agricultural chemicals and building a safe project. John Sandoval commented on the environment and the chemicals used for agriculture on the soil. He stated once the soil is broken the chemicals will come up into the air and UNFI should follow the law. Scott Stroh stated that he is excited for the project and the jobs it will bring to Gilroy. He stated UNFI is a large corporation and they should pay for the loss of the farmland. Jesue Garcia CEO of the San Benito Building and Construction Council spoke on using local contractors and not bringing in contractors from out of the area. The developer should be responsible for hiring local contractors, as this will cut down on traffic, pollution and will contribute to the local economy. Craig Simmons stated he feels this project is being fast tracked; there is mitigation that should be looked at with regards to the farmland chemicals and wildlife habitat. He feels they should be held to a higher standard with the LEED certification. Chair Fischer closed the public hearing. Commissioner Bannister questioned construction workers coming from out of town and solar panels being placed on the building. Assistant City Attorney Houston stated this is a land use issue and the Commission needs to base their decision on the land use rules and regulations that the Planning Commission is bound by. She stated the City Council can look at economic issues regarding the project. Development Center Manager Butler talked about Title 24 in California is the base line for the LEED certification. California has a high base for energy standards and the cost associated with getting the certification. He talked about the Wellington site being zoned industrial since 1998, the General Plan and receiving a series of entitlement approvals in the early 2000. Chair Fischer asked about the mitigation for construction regarding dust and ideal time. He stated the General Plan Advisory Committee approved Guiding Principles and Guiding Principle No. 10 is to foster a sustainable community and the solar panels would help meet this principle. Development Center Manger Butler explained there are construction mitigations regarding dust, and the applicant is pursuing a series of building construction measures and techniques that already exceeds the minimum threshold for energy performance by 7 virtue of their LEED certification. Motion on Item V.A. Motion: to recommend the City Council certify the Final EIR prepared for the project and find that, i. the FEIR has been completed in compliance with the CEQA, ii. the FEIR was presented to the decision making body of the lead agency and that the decision making body reviewed and considered the information contained in the FEIR prior to approving the project, and iii. the FEIR reflects the lead agency’s independent judgment and analysis. Moved by Vice Chair Richard Gullen, seconded by Commissioner Brad Bannister Vote: Motion carried 5-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Chair Tom Fischer No: None Abstain: None Absent: Commissioner Elizabeth Sanford Second Motion Item V.A. Motion: to recommend the City Council approves the General Plan Amendment GPA 13-01. Moved by Vice Chair Richard Gullen, seconded by Commissioner Paul Kloecker Vote: Motion carried 5-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Chair Tom Fischer No: None Abstain: None Absent: Commissioner Elizabeth Sanford Third Motion on Item V.A. Motion: to recommend the City Council approve the Zoning Amendment Z 13-06 as requested and conditioned by staff. Moved by Vice Chair Richard Gullen, seconded by Commissioner Brad Bannister Vote: Motion carried 5-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Chair Tom Fischer No: None Abstain: None Absent: Commissioner Elizabeth Sanford 8 Fourth Motion on Item V.A. Motion: to recommend the City Council approves A/S 13-18 with the condition of adding solar panels; follow applicable requirements of SCVHP; Prior to work in drainage ditches, either: get SCVWD and ACOE clearance and provide hydraulic capacity verification OR remove outfalls from drainage ditches; cap unused bridge abutments; Cameron phasing clarification, and offer Luchessa/Cameron easement upon request by the City. Moved by Commissioner Brad Bannister, seconded by Commissioner Kai Lai Vote: Motion carried 4-1-0-1 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Kai Lai; Chair Tom Fischer No: Commissioner Paul Kloecker Abstain: None Absent: Commissioner Elizabeth Sanford VI. OLD BUSINESS None Chair Fischer called a five-minute recess. Chair Fischer reconvened the meeting at 8:42 p.m. VII. NEW BUSINESS A. Review conditions of approval for reopening auto service use at 8385 Monterey Street (CUP 12-05 conditional use permit); Rolando Barroso, Applicant Planning Manager Martin presented the staff report. Chair Fischer opened the public hearing. Glen Gurries representative for the applicant spoke on circumstances with the applicant and the property regarding this project. Commissioner Bannister asked what is the plan if the tanks are removed. Mr. Gurries stated the applicant is currently operating a repair shop and would continue with the repair shop. The applicant would like to submit plans to upgrade with additional modifications. Commissioner Bannister stated his concern that this corner is part of the gateway district and it’s already overrun with cars in different stages of repairs. 9 Mr. Gurries stated when the property was purchased the applicant was not told of the conditions of approval. The applicant did not know what was expected of them or this was part of the gateway district. Commissioner Lai questioned whether the applicant was going to have gas available at the station or is it just a repair shop. Mr. Gurries stated the gas pumps will be removed and it will be a repair shop. Chair Fischer closed the public hearing. Chair Fischer stated he was against the project from the beginning and if the applicant would like to come back to the Planning Commission with proposed plans at the August, 2014 meeting he would support such a motion. Commissioner Kloecker stated he agrees with Chair Fischer for the applicant to come back to the August meeting with proposed plans and he would support the motion for the subsequent hearing date. He stated tank removal is not a small project in time or cost. Commissioner Lai asked about closure of the drive-way and additional landscaping. Assistant City Attorney Houston stated closure of the drive-way and landscaping would be part of the August meeting when the applicant returns with the proposed plans. Mr. Gurries stated that closing 1 or 2 of the drive-ways may be necessary to enhance the landscaping. He is fine with returning to the August meeting. Planning Manager Martin asked Assistant City Attorney Houston for clarification as to the process if the applicant does not meet the conditions at the August meeting should the applicant ask for a permit to modify the approved conditions. Assistant City Attorney Houston agreed that the August meeting should be for a Use Permit with modifications, at that time the Commission can change or amend the permit. Motion on Item VII.A. Motion: to direct staff regarding lack of compliance with conditions of approval to direct the applicant to bring the item back at the August meeting. Moved by Commissioner Paul Kloecker, seconded by Commissioner Kai Lai Vote: Motion carried 5-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Chair Tom Fischer No: None Abstain: None Absent: Commissioner Elizabeth Sanford 10 VIII. CORRESPONDENCE None IX. INFORMATIONAL ITEMS A. Current Planning Projects B. Planning Staff Approvals X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION None XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meetings of May 5, 2014 & May 19, 2014 and June 2 & June 16 meetings Commissioner Bannister will present the report on June 5, 2014. B. Housing Advisory Committee Vice Chair Gullen gave a brief summary of the meeting. C. Historic Heritage Committee Commissioner Kloecker stated there was no meeting. D. Arts & Culture Commission Commissioner Bannister will present at the report on June 5, 2014. E. South County Joint Planning Advisory Committee Commissioner Kloecker stated there was no meeting. F. Street Naming Committee Commissioner Lai Stated there was no meeting. G. Development Standards Task Force Chair Fischer stated there was no meeting. H. General Plan Advisory Committee 11 Chair Fischer gave a brief summary of the meeting. XII. PLANNING DIVISION MANAGER REPORT Planning Manager Martin stated that the Street Naming Committee might have a meeting coming soon. XIII. ASSISTANT CITY ATTORNEY REPORT None. XIV. PLANNING COMMISSION CHAIR REPORT Chair Fischer stated that the Museum Anniversary will be come up and tours will be given. ADJOURNMENT at 9:05 p.m. _____________________________ Susan Johnson, Deputy City Clerk