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08/07/2014 Planning Commission Regular Meeting Adopted 09/04/2014Preliminary Minutes 1 Planning Commission Regular Meeting AUGUST 07, 2014 I. PLEDGE OF ALLEGIANCE Chair Fischer 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 Christina Villarreal reported that the agenda was posted on August 1, 2014 at 2:55 p.m. Roll Call: Present: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Tom Fischer Staff Present: David Bischoff, Planner; Jolie Houston, Assistant City Attorney; Susan Martin, Planning Manager; Valerie Negrete, Planner I; Christina Villarreal, Office Assistant Community Development Department III. APPROVAL OF MINUTES A. June 26, 2014 Motion on Item III.A. Motion: to approve the minutes of June 26, 2014. Moved by Commissioner Elizabeth Sanford, seconded by Vice Chair Richard Gullen Vote: Motion carried 7-0-0-0 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: None Absent: None IV. PRESENTATIONS BY MEMBERS OF THE PUBLIC No comments or presentations were made. V. PUBLIC HEARINGS Preliminary Minutes 2 A. A request for Architectural and Site Review approval to construct two single family homes on properties located at 9271 and 9281 Tea Tree Court for an approximate 3,100 square foot home and a 3,500 square foot home APN’s 783 -75-001 and 002; DeNova Homes, Applicant (AS 13-31) Planner Negrete presented the staff report. Commissioner Bannister asked for clarification on the style of homes on lots 1 and 2. He also asked if the Cottage style home has a 2 or 4 car garage. Planner Negrete clarified that the Cottage style home is on lot 2 and the Spanish style home is on lot 1. She stated the Cottage style home does have a 4 car tandem garage. Chair Fischer opened the public hearing, seeing no comments; he then closed the public hearing. Motion on Item V.A. Motion: to adopt Resolution 2014-12 recommending the City Council approve AS 13- 31, with conditions that lot 2, plan 5 will have a 4 car garage. Moved by Commissioner Brad Bannister, seconded by Commissioner Susan Rodriguez Vote: Motion carried 7-0-0-0 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: None Absent: None B. A request for Conditional Use Permit approval for a new school use proposed at 7652 Monterey Street APN 841-04-013. The proposed project is exempt from environmental review (CUP 14-01); Pacific Point Christian School, Applicant Planner Negrete presented the staff report. Chair Fischer opened the public hearing, seeing no comments; he then closed the public hearing. Motion on Item V.B. Motion: to adopt Resolution 2014-13 approving CUP 14-01 with findings. Moved by Commissioner Brad Bannister, seconded by Commissioner Kai Lai Vote: Motion carried 7-0-0-0 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Tom Fischer Preliminary Minutes 3 No: None Abstain: None Absent: None C. A request to reconsider the approval of a Conditional Use Permit that allowed for the establishment of an auto repair business located at 8385 Monterey Street, APN 790-36- 032 (CUP 12-05); Rolando Barroso, Applicant Planner Bischoff presented the staff report. Commissioner Kloecker asked about the timing and the requirements for the tank removal. He asked if the City notified the applicant of any timeline to remove the tanks. Planner Bischoff commented that once the owner decided not to re-open the gas station the tanks must be removed. He stated the applicant was notified that the tanks do need to be removed but was not sure if a timeline was given. Commissioner Sanford asked if the use complies with the Conditional Use Permit in regards to the type of service being provided. She stated that she inquired with the business if they conducted any transmission repair, they stated they did. Planner Bischoff stated the operation does comply with the CUP. It is minor automotive repair and he was not aware of the transmission repairs. Chair Fischer opened the public hearing. Glen Gurries representative for the applicant commented on the purchase of the property, delays the Barosso family has experienced and the 3 -13,000 gallon tanks that need to be removed. Mr. Gurries stated Mr. Bischoff is a very fine Planner and has been very patient with the Barosso family. He also stated the applicant is working with a designer/architect on the plans. He asked for 3 additional months to resolve the issues and get a plan for the tank removal. Commissioner Kloecker asked when was the decision made to discontinue gas sales and what is the timeline for the tank removal. Mr. Gurries stated that he thinks the decision was made about 5 months ago, the tank removal is a priority and it could take as long as a year or a year and a half to complete. He stated the Barosso’s family has 2 other automotive operations that are more successful, profitable and busier shops and they would like to get this operation to be economically viable. Commissioner Bannister expressed his concern that the applicant has been given more time than they should have, noting that nothing has been done and now tanks need to be removed. Preliminary Minutes 4 Rolando Barosso applicant spoke on the property and stated he is ready to move forward on the project and get it up and running. He stated it does not make sense to paint and put in landscaping then tear everything up to remove the tanks. He asked for a few more months to get the things done and get on with business. Vice Chair Gullen asked about the decommission of the tanks and what government agency did the applicant give notice to that he was no longer going to sell gas. He also asked if this site can re-open as a gas station or has it gone past the point of no return. Mr. Gurries stated that notice was given to the EPA. He stated it could re-open but the owner would have to meet all the new codes and standards. Vice Chair Gullen asked about the bid from Advanced Fuel Services, Inc. to remove the tanks and how much time is needed for completion. Mr. Barosso stated it could probably be done in 6 months. He stated he does not want to establish a deadline and put constraints on him, he want to buy as much time as possible. Vice Chair Gullen stated his concern is time, a lot of time has been given to the applicant and how much more time is it going to take to accomplish the steps to complete the tank removal and everything else. Mr. Gurries stated he would imagine anywhere from 2 weeks to a month and a half once they start the process. Vice Chair Gullen asked are there any impediments to Mr. Barosso signing the contract tomorrow and start work the next day on removing the tanks. Mr. Barosso stated yes and no. Vice Chair Gullen stated the bid is for $70,000 and asked Mr. Barosso if he has the money or does he need to go and get financing and is that going to delay the start of this work. Mr. Barosso stated he has the money. He thinks he can do it without financing. Vice Chair Gullen asked when he believes he can start the work on the removal of the tanks. Mr. Barosso stated he wants to see if he can find some help from the State to fund the removal. He asked the Commission to give him a month to go through the process and once he decided to do the work it would take 3 or 4 month or at the most 8 months to complete. Vice Chair Gullen stated you say 8 months to get these things done, you’re talking tank Preliminary Minutes 5 removal, painting, landscaping, trash enclosure. Mr. Barosso stated once he gets the tanks removed then he can proceed and do the landscaping. He doesn’t want to put in landscape and a bunch of flowers and then destroy them. Vice Chair Gullen asked when will the work to remove the tanks begin. Mr. Barosso stated probably about 4 months to start. Vice Chair Gullen asked why it would take 4 months just to start the tank removal. Mr. Barosso stated it will allow him to face any obstacles that he may come across. Vice Chair Gullen asked what obstacles are you aware of right now. Mr. Gurries stated that some of the obstacles are planning the landscaping, closing of driveways and concrete work that has to be coordinated. So he is looking at different bids and may want to process different aspects of the project prior to tank removals so they can efficiently do all that work at one time. Vice Chair Gullen asked if the tank removal is going to be done by a different company. Mr. Gurries stated that is correct, so we are talking about a pretty expensive ordeal if we are looking at landscaping and other things that would be included. Vice Chair Gullen asked is there any reason why you could not go forward with the tank removal work and while that work is in process go out and get bids for phase 2 for the concrete, landscaping and everything else. Mr. Gurries said there is no reason other than financial efficiency. Vice Chair Gullen stated he is trying to find out how long this is going to take from what he was hearing the earliest start date is 4 months and asked if that is correct. Mr. Gurries stated he thinks they should give reports at the next meeting as to what progress they are making and if they are not making progress then he thinks a revocation hearing could be in order. This has turned out to be a complete different use permit process and project than he anticipated it would be. Commissioner Sanford commented that 2 years ago when first came before Commission she was sympathetic to the owner who said they need to get up and operational at least with the service component and make some money before they can do the work. She was persuaded by that and she lead the charge to let the CUP go through without having the required changes made. She is sympathetic to all the difficulties that he has encountered in the last 2 years but it does seem like quite a long Preliminary Minutes 6 time when you look at the big picture and when they approved the project in 2012. It was to allow the re-establishment of a gas station use on the property in addition to automotive services on the site. It goes on to say they would be limited to minor work including services such as oil changes, lubes, tune ups, brake repairs and alignment major automotive repair would not be provided. She stated she inquired into transmission work and that too is being provided. Commissioner Kloecker stated with the tank removal there are other unknowns such as soil removal, aeration requirements for testing for contaminates, tank leakage and possibly other requirements. He wanted to know if the applicant had a schedule to get the tanks removed and the completion of all the small stuff. Chair Fischer stated he sees the applicant has plans with him and asked if it was a complete set of plan for what he intends to do. He asked if it addresses the tank removal, concrete work, closing of the driveways, landscaping and painting, it is a complete plan set. Mr. Gurries stated it is a set of plans that addresses all the items that are proposed other than the painting. It outlines the 17 items that needs to be done. Chair Fischer stated you had 5 months since you decided to stop using the tanks you and you haven’t submitted plans for the changes yet. Mr Gurries stated they are very close to doing that. Chair Fischer asked how close is very close, next Tuesday? Mr. Gurries stated about 3 weeks away. Commissioner Bannister asked what would happen if we direct staff to draft a resolution to revoke the use permit and we approve it at the next meeting. Assistant City Attorney Houston stated if the Commission goes forward with revocation of the use permit the applicant would have to cease operation. The Commission would need to have findings which are going to be reflective in the resolution to modify, amend or revoke the use permit. The Commission will need findings that show that the use is in violation of the specific conditions of approval 4 and 5 because the landscaping isn’t in as well as the painting. Furthermore, the Commission would have to make findings that failure to comply with this use permit is detrimental to public health safety and welfare and this site without complying with these conditions is being considered a nuisance because those conditions were expressly conditioned for the cleanup of the property. She clarified that this was a noticed public hearing and understands that the applicant was sent the staff report and has been aware that this hearing is a modification hearing or it could be a revocation hearing. Vice Chair Gullen stated he is not comfortable voting for any revocation tonight. He Preliminary Minutes 7 would like to see the resolution with the findings that the Assistant City Attorney Houston described. He suggested that they hold over to the next meeting and give the directive to the applicant to submit full plans for all of the conditions of approval including the tank removal by that time. Assistant City Attorney Houston stated she wants the Commission to focus in on Exhibit A of the use permit that was original granted. Condition 4 stated that 90 days after commencement of the use the plans for the painting and condition 5 stated that 9 months of commencement of the use the applicant should submit plans for the landscaping and both of those conditions clearly state that if they are not completed within the 180 days and within 24 months Planning Commission may conduct a public hearing to consider modification of the conditions of approval, addition of other conditions or revocation of the conditional use permit. Planning Manager Martin clarified that the CUP was for a gas station and auto repair and now, at the applicant’s request, they are changing it to just auto repair use. We would have looked at the CUP for just auto repair use differently. If it is just an auto repair shop it would not need 3 driveways or the canopy and the site layout maybe a little different. Commissioner Sanford commented this has evolved from opening a gas station to becoming a full time automotive repair shop and would like direction from staff regarding all of the requirements for that use. She also stated that the intent of the Gateway District is to provide a nice publicly and privately landscaped area as a gateway into downtown Gilroy. Planning Manager Martin stated the code requirement for auto repair services do require a CUP if it’s within a 150 feet of a residence. Commissioner Lai asked what is the time frame for the current permit and how long can the applicant continue doing business on that permit. Assistant City Attorney Houston stated a public hearing needs to be set and revoke the use permit. Until the use permit is revoked they can legally operate. Commissioner Lai asked if the city can revoke the current use permit. Assistant City Attorney Houston stated yes after notice, a public hearing and findings are made the use permit can be revoked. Commissioner Bannister asked what percentage of landscape is needed for this type of business in the gateway district. Planner Bischoff stated the downtown gateway district does not have a minimum landscape area. Commercial properties need a minimum of 6% landscaping. Preliminary Minutes 8 Chair Fischer commented that nobody wants to shut down the business but you have been at this for 2 years and you had 2 months since you were before the Commission and there has been no progress. Chair Fischer stated, like Vice Chair Gullen, he thinks the applicant should have 1 more month to bring the commission something. Commissioner Kloecker added the applicant needs to file a modified application and he wants to see progress. Planning Manager Martin asked if the Commissioners are looking for a resolution for revocation or a report on a modification of the application. She stated to the applicant that staff would be looking for full submittal of the modification application soon and not right before the next Planning Commission meeting. Staff needs time to review and prepare a full report to the Commission. Motion on Item V.C. Motion: to continue the public hearing for CUP 12-05 and to direct staff to prepare a resolution revoking CUP 12-05 to be considered or to consider possible modification for a revised use permit to reflect the actual uses on site. Moved by Vice Chair Richard Gullen, seconded by Commissioner Brad Bannister Vote: Motion carried 7-0-0-0 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: None Absent: None D. A Request for a Residential Development Ordinance Housing Exemption of 263 Building Allotments Under City Code Section 30.50.60 (j) for a Proposed 263 -Unit Apartment Project with Approximately 2,700 Square Feet of Commercial Space and 2500 Square Feet of Community Meeting Room Space Proposed on 6.8 Acres Located at the Southwest Corner of 10th Street and Alexander Street; APN’s 841 -16-061, 029 and 004; Applicant Jan Hochhauser, representing T he Pacific Companies (RDOHE 13- 03) Planner Bischoff presented the staff report. Commissioner Lai asked if the City has spoken with the school district regarding where the children will attend school. Planner Bischoff stated yes, the school district knows about the project and the applicant will pay school impact fees. Commissioner Bannister asked about a condition on the errata sheet regarding the width of the street and changing it from 26 feet to 24 feet. He also asked about the Preliminary Minutes 9 break in parking. Planner Bischoff stated that the fire department needs 26 feet to place their stabilizers for the trucks and there is an area within the project that provides that space. He stated if there was a break in the parking the project would lose 9 parking spaces. Commissioner Sanford commented that she likes the project. She is concerned that the parking is inadequate for this size of project with 3 and 4 bedroom units. Commissioner Kloecker stated he is concerned about parking and the number of school children. Chair Fischer opened the public hearing. Bill Spann spoke about the Pacific Companies and financing of affordable housing. He spoke about the community space and the leasing office would be part of that space. Jan R. Hochhauser spoke about the project, community space, and the issue of parking and landscaping of the property. He stated the community space includes the management office for the project and the commercial space is 2,000 square feet. The public art will be located at the intersection of 10th and Alexander on the corner. Commissioner Sanford stated she is concerned about 1½ parking spaces and asked if that worked in other cities. Bill Spann commented on the parking and read from the Department of Housing and Community Development in Sacramento regarding the reduction of parking for affordable housing units. Toni Filice owner of Gilroy Village Shopping Center stated she likes to project. She is concerned with the height of project and parking. She is also concerned about all the affordable housing units on one location and thinks they should be integrated into the community. Valerie Filice owns the warehouse on Alexander Street and stated she loves to project but not the parking. She thinks there is not enough parking and covered parking is needed. She stated we are an agricultural community and agricultural workers do not ride bikes to the fields, they drive their cars. Renee Filice of Gilroy Village Shopping Center stated less density means less parking and what about guest and community center parking. Mr. Hochhauser stated guest spaces are included in the parking Chair Fischer closed the public hearing. Preliminary Minutes 10 Commissioner Bannister and Chair Fischer stated they have spoken to the applicant. Commissioner Bannister stated that 5 floors are too high, and he would have a hard time approving a project of this height and with a lack of parking. Commissioner Sanford stated she does not feel a lot of these people will be getting on the train to go the San Jose for a job. A lot of the people work in the ag ricultural business and go out into the country. Chair Fischer stated he spoke with Superintendent Flores and Las Animas School has ample capacity and the school district is not worried about the schools. He stated he took a day trip to visit the Pacific Companies projects in King City, Greenfield and Salinas and he found all are very well keep, excellent condition and well managed. Commissioner Bannister he thinks the project is very nice and applicant did a great job. Chair Fischer stated he is going to support the project tonight. Gilroy needs affordable housing and it’s hard to build affordable housing and exceptions have to be made. Assistant City Attorney Houston stated the Commission needs a motion to accept the errata sheet that staff has shown good cause for the acceptance with findings. Motion on Item V.D. Motion: to accept the errata sheet that staff provided to the Commission on August 7, 2014. Moved by Commissioner Brad Bannister, seconded by Commissioner Paul Kloecker Vote: Motion carried 7-0-0-0 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: None Absent: None Second Motion on Item V.D. Motion: to approve Resolution No. 2014-15 RDO-HE 13-03 Moved by Commissioner Elizabeth Sanford, seconded by Vice Chair Richard Gullen Vote: Motion carried 5-2-0-0 Yes: Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Tom Fischer No: Commissioner Brad Bannister; Commissioner Kai Lai Abstain: None Absent: None Preliminary Minutes 11 Third Motion on Item V.D. Motion: to approve application Z 13-07 Moved by Vice Chair Richard Gullen, seconded by Commissioner Susan Rodriguez Vote: Motion carried 6-1-0-0 Yes: Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Tom Fischer No: Commissioner Brad Bannister Abstain: None Absent: None Forth Motion on Item V.D. Motion: to adopt Resolution No. 2014-14 approving CUP 13-10 Moved by Commissioner Paul Kloecker, seconded by Commissioner Susan Rodriguez Vote: Motion carried 7-0-0-0 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: None Absent: None Fifth Motion on Item V.D. Motion: to approve application AS 13-33 with conditions of 2 parking stalls per 3 to 4 bedroom units, with addition of August 7, 2014 errata sheet and modifying landscape requirements 13-O from 8 feet to 6 feet. Moved by Commissioner Susan Rodriguez, seconded by Commissioner Paul Kloecker Vote: Motion carried 4-3-0-0 Yes: Vice Chair Richard Gullen; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford No: Commissioner Brad Bannister; Commissioner Paul Kloecker; Chair Tom Fischer Abstain: None Absent: None Sixth Motion on Item V.D. Motion: to adopt Resolution No. 2014-07 recommending the City Council approve Z 13- 07 and AS 13-33 as modified by the Planning Commission Moved by Vice Chair Richard Gullen, seconded by Commissioner Elizabeth Sanford Vote: Motion carried 4-3-0-0 Yes: Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford No: Commissioner Brad Bannister, Commissioner Kai Lai, Chair Tom Fischer Abstain: None Preliminary Minutes 12 Absent: None VI. OLD BUSINESS None VII. NEW BUSINESS None VIII. CORRESPONDENCE None IX. INFORMATIONAL ITEMS A. Current Planning Projects B. Planning Staff Approvals C. Planned Unit Development Considerations Planning Manager Martin commented on the current planning projects and staff approvals and stated the PUD presentation will be moved to the September meeting. X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION None XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meetings of July 1, 2014 and August 4 & 18, 2014 Vice Chair Gullen gave a brief summary of the July 1, 2014 meeting. Commissioner Kloecker gave a brief summary of the August 4, 2014 meeting. B. Housing Advisory Committee Vice Chair Gullen stated that there was no meeting. C. Historic Heritage Committee Commissioner Kloecker stated that there was no meeting. D. Arts & Culture Commission Preliminary Minutes 13 Commissioner Bannister gave a brief summary of the meeting. E. South County Joint Planning Advisory Committee Commissioner Kloecker stated that there was no meeting. F. Street Naming Committee Commissioner Lai stated that there will be a meeting will be on August 13, 2014. G. Development Standards Task Force Chair Fischer gave a brief summary of the meeting. H. General Plan Advisory Committee Chair Fischer stated the GPAC did not meet in July. XII. PLANNING DIVISION MANAGER REPORT Planning Manager Martin stated the Planned Unit Development information is available on the City’s webpage under the Planning Department and topics of interest. Also, each Commissioner has a subscription to PlannerWeb.com and would like the Commission to browse the information. XIII. ASSISTANT CITY ATTORNEY REPORT None XIV. PLANNING COMMISSION CHAIR REPORT None XV. ADJOURNMENT at 10:53 p.m. _____________________________ Susan Johnson, Deputy City Clerk