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12/04/2014 Planning Commission Regular Meeting Adopted 02/05/2015Preliminary Minutes 1 Planning Commission Regular Meeting DECEMBER 04, 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 Kelsey Heyd reported the agenda was posted on November 26, 2014 at 9:57 a.m. Roll Call: Present: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Kai Lai; Commissioner Susan Rodriguez; Chair Tom Fischer Absent/Excused: Commissioner Paul Kloecker; Commissioner Elizabeth Sanford Staff Present: David Bischoff, Special Projects Planner; Kelsey Heyd, Planning Technician; Jolie Houston, Assistant City Attorney; Sue Martin, Planning Manager; Valerie Negrete, Planner I; Henry Servin, Senior Civil Engineer Chair Fischer stated that Commissioner Elizabeth Sanford had called in to report her absence. III. APPROVAL OF MINUTES A. November 6, 2014 Motion on Item III.A. Motion: to approve the minutes of November 6, 2014. Moved by Commissioner Susan Rodriguez; seconded by Commissioner Brad Bannister Vote: Motion carried 5-0-0-2 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Kai Lai; Commissioner Susan Rodriguez; Chair Tom Fischer No: None Abstain: None Absent: Commissioner Paul Kloecker; Commissioner Elizabeth Sanford IV. PRESENTATION BY MEMBERS OF THE PUBLIC Preliminary Minutes 2 No comments or presentations were made. V. PUBLIC HEARINGS A. An Urban Service Area Amendment request for the inclusion of Assessor Parcel Numbers 790-09-006, 008, 009, 010, 011; 790-17-001, 004, 005, 006, 007, 008, 009, 010, generally located west of Wren Avenue, south of Vickery Avenue, and north and south of Tatum Avenue, into the city of Gilroy Urban Service Area. This request is commonly known as the Wren Investors Urban Service Area Amendment. The property is mostly undeveloped, although some single-family homes and the Gilroy Unified School District Farm Site are included within the subject site. This request proposes a change to the urban service area boundary to include approximately 50 acres, comprising the subject parcels, and does not include any development at this time. An environmental impact report (EIR) has been prepared for the proposed project and will also be considered. (USA 12-01 urban service area amendment); Wren Investors, LLC c/o Dick Oliver, Applicant Commissioner Paul Kloecker joined the meeting at 6:33 p.m. Planning Manager Martin stated the applicant has requested the item be continued to the February 5, 2015 meeting. Chair Fischer opened the public hearing. Victor Akylas commented on the staff’s recommendation for denial and he urged the Commission to consider this application soon. Chair Fischer closed the public hearing. Motion on Item V.A. Motion: to continue public hearing for this request to the February 5, 2015 meeting. Moved by Commissioner Paul Kloecker; seconded by Commissioner Brad Bannister Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Chair Tom Fischer No: None Abstain: None Absent: Commissioner Elizabeth Sanford B. A Conditional Use Permit request to utilize 13,600 square feet of space for children’s gymnastics classes. The subject site is located at 7800 Arroyo Circle, Suite C (assessor parcel number 841-69-024), was previously used by CET (Center for Employment Training) and is currently vacant. Classes will be held between the hours of 9am to 8pm, Monday through Friday and 9am to 1:30pm Saturdays with no more than 25 students at any given time. Competitions are not planned at this time but would occur Preliminary Minutes 3 on Saturdays. The proposed project is exempt from environmental review under Section 15301 of the State CEQA Guidelines. (CUP 14-05 conditional use permit); USA Sports, c/o Melinda Lawrence, Applicant Planner I Negrete presented the staff report. Chair Fischer opened the public hearing. Christine West spoke about USA Sports and being part of the Gilroy community. She urged the Commission to approve the CUP. Chair Fischer closed the public hearing. Motion on Item V.B. Motion: to adopt Resolution No. 2014-19 approving CUP 14-05. Moved by Commissioner Brad Bannister; seconded by Commissioner Kai Lai Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Chair Tom Fischer No: None Abstain: None Absent: Commissioner Elizabeth Sanford VI. OLD BUSINESS None. VII. NEW BUSINESS A. Review of status of Conditional Use Permit (CUP 14-04) processing for auto service and repair business at 8385 Monterey Street (assessor parcel number 790 -36-032). The uses at this location were last discussed at the September 4, 2014 Planning Commission Meeting regarding CUP 12-05. Rolando Barroso, Applicant Special Projects Planner Bischoff presented the staff report. Commissioner Lai asked about the status of the underground fuel storage tanks. Special Projects Planner Bischoff stated the applicant has a permit to maintain the tanks until April 11, 2015. After April 11, 2015 if the tanks are not removed then the City can initiate enforcement. Vice Chair Gullen asked about the prior use of the property as a gas station and repair shop. Preliminary Minutes 4 Special Projects Planner Bischoff stated the original CUP allowed for the gas station use, but the applicant never re-opened it as a gas station. Commissioner Rodriguez questioned the painting and other conditions that have not yet been completed. Special Projects Planner Bischoff stated that paint samples have been submitted and some landscaping has been installed, but the applicant has not submitted the landscape plans and not much else has been completed on site. Commissioner Kloecker asked who issued the permit for the tanks and why the permit can’t be extended beyond April 11, 2015. Special Projects Planner Bischoff stated the City Fire Marshal issued the permit and State law allows only 2 extensions for tank permits. Commissioner Bannister asked if the paint colors and landscaping both needs to be approved by the City. Special Projects Planner Bischoff answered both paint colors and landscaping needs staff approval. Commissioner Lai asked about the closure of the driveway. Special Projects Planner Bischoff stated the new CUP application proposes the closure of the two driveways closest to the intersection. Chair Fischer opened the public hearing, seeing no comments; he closed the public hearing. Motion on Item VII.A. Motion: to received report on CUP 14-04 progress and take no action at this time. Moved by Vice Chair Richard Gullen; seconded by Commissioner Kai Lai Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Commissioner Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Chair Tom Fischer No: None Abstain: None Absent: Commissioner Elizabeth Sanford VIII. CORRESPONDENCE None. IX. INFORMATIONAL ITEMS Preliminary Minutes 5 A. Current Planning Projects B. Planning Staff Approvals Planning Manager Martin stated she is available to answer any questions the Commissioner might have about the reports in there packets. X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION None. XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meeting of November 17, 2014 and December 1, 2014. Commissioner Bannister stated he has no report. 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 Commissioner Bannister stated that there was no quorum and the meeting was re- scheduled. E. South County Joint Planning Advisory Committee Commissioner Kloecker stated that there was no meeting. F. Street Naming Committee Commissioner Lai asked about the re-naming of Chestnut Street to Gilroy Auto Mall and when is it going to the City Council. G. Development Standards Task Force Chair Fischer stated that there was no meeting. H. General Plan Advisory Committee Preliminary Minutes 6 Chair Fischer gave a brief summary of the meeting. XII. PLANNING DIVISION MANAGER REPORT Planning Manager Martin gave a brief summary of the December 1, 2014 City Council meeting. She spoke about the North Gilroy USA (750 acres) that staff had policy questions that needed to be clarified by Council. The project will be processed accordingly and will be presented before the Commission at a later date for recommendation to City Council. Commissioner Paul Kloecker asked for clarification on the number of USA’s that can be presented to LAFCO within a year. Planning Manager Martin stated that only one request will be considered, but it can be one bundle of applications as long as it is presented all at the same time. XIII. ASSISTANT CITY ATTORNEY REPORT None. XIV. PLANNING COMMISSION CHAIR REPORT None. XV. ADJOURNMENT at 7:16 p.m. ______________________________ Susan Johnson, Deputy City Clerk