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03/05/2015 Planning Commission Regular Meeting Adopted 04/02/2015Planning Commission Regular Meeting March 5, 2015 I. PLEDGE OF ALLEGIANCE Chair Gullen called the meeting to order at 6:30 p.m. and let the pledge of allegiance. II. REPORT ON POSTING THE AGENDA AND ROLL CALL Office Assistant Zinnia Navarro reported the agenda was posted on February 27, 2015 at 4:00 p. m. Roll Call: Present: Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Paul Kloecker; Vice Chair Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Richard Gullen III. APPROVAL OF MINUTES: A. February 5, 2015 Motion on Item III. A. Motion: to Approve minutes of February 5, 2015. Moved by Commissioner Tom Fischer, seconded by Commissioner Paul Kloecker. Vote: Motion carried 7-0. Yes: Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Paul Kloecker; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Richard Gullen No: None Abstain: None Absent: None IV. PRESENTATION BY MEMBERS OF THE PUBLIC No comments or presentations were made. V. PUBLIC HEARINGS: A. Z 14-06 Zone change request for a Planned Unit Development for the Broadway Street Townhouse project located at 620, 622, 624 and 626 Broadway Street (APNs 790-32-052, 053, 054, and 055) for a zoning overlay for a shared private driveway to access four previously -subdivided lots and deviations from city setback standards. AS 14-27 architectural and site review request of a four -unit "duet' project. Each half of the duet unit will be located on its own 2,500+1- square foot lot and attached to the adjacent unit. The proposed homes will be three stories with a height of approximately 30 feet 5 inches. The applicant will provide a two -car garage for each unit and two on - site uncovered parking spaces. Michael I. Oshan, Applicant AS 14-27 architectural and site review request of a four -unit "duet" project. Each half of the duet unit will be located on its own 2,500+/- square foot lot and attached to the adjacent unit. The proposed homes will be three stories with a height of approximately 30 feet 5 inches. The applicant will provide a two -car garage for each unit and two on -site uncovered parking spaces. Michael 1. Oshan, Applicant Planner II Durkin Presented the staff report Commissioner Sanford asked for clarification if a HOA is included for the proposed project, especially with regards to handling parking disputes she also inquired about use of the two parking spaces onsite, and height of the back wall adjacent the commercial lot. Planner II Durkin explained there will be no HOA for the project and parking disputes will ultimately be a civil matter, but there will be a driveway maintenance agreement that has guidelines on the use. The two parking spaces in the back will each be owned by and used on the property on which it is located. The back wall on the commercial lot is at least 20 feet high. Commissioner Lai asked for additional clarification on the lack of HOA, specifically how would an owner change paint color or landscaping. He also stated that he had driven by the property and the South East corner of the lot has a portion where the commercial wall does not extend. He wanted to know how the section will be fenced off. He also asked what type of agreement or regulation would be in place for disputes regarding the shared driveway. Planner II Durkin explained that the owners would be able to change paint color or landscaping as desired, the section of the South East wall that does not currently extend the full distance of the property will have a 6 foot tall perimeter fence, and there would be a driveway maintenance agreement, and any disputes would be a civil matter. Commissioner Kloecker asked for clarification on the open space in the front area along Broadway, and the side yard areas. Planner 11 Durkin explained that the front open space on Broadway will be for the exclusive use of the front units, and is included in their property line, and the side open areas will be fenced in, with two gates so the residents will have access to take out their trash and recyclables. Planning Manager Martin clarified Commissioner Lai's question regarding the ability to change the paint color and landscaping without HOA. She explained that the development is classified as a PUD, and approved PUD plans are on file with the city. 2 The homeowner would need city approval to change the landscaping, and paint Color if different from the PUD approval. Commissioner Lai asked for clarification on the refuse pick up location. He also asked if there would be an issue with Police and Fire access. Planner II Durkin stated that refuse pick-up would be on Broadway and both Police and Fire had no concerns about access. Commissioner Sanford asked if there were any other projects in Gilroy with this type of shared driveway configuration. Planner II Durkin responded stating she knew of one similar project on Third and Church Streets. She explained that complex consists of at least 12 units, and personally she recalls only one complaint pertaining to the shared driveway arrangement. Commissioner Kloecker asked if the development on Third and Church Streets were apartments. Planner II Durkin explained they are single family homes. Chair Gullen opened the public hearing. Michael Oshan stated that he has been the owner of property for about 15 years, and the original plan was to replace the old 4 unit project with a new building. He explained that in 2008 the project came to a halt due to the economy. He intends to own the 4 units as rental property. John Torrez, property owner to the east of the project site voiced his concerns, stating that the common fences need to be more permanent such as masonry wall to minimize concerns in the future maintenance. He also shared his concern with the height of the fence. Chair Gullen closed public hearing. Commissioner Kloecker asked if the PUD provides any relief of Mr. Torrez's comments in the event that the property is transferred to individual owners. Planning Manager Martin responded that the PUD doesn't provide any relief. Commissioner Sanford asked if there was an opportunity that the two property owners could come together and make an agreement on the cost of the shared fence, outside of the city. Planner II Durkin said that it is possible. 91 Motion on Item V.A. Motion: to adopt a resolution recommending the approval of zoning change Z 14-06 Moved by Commissioner Paul Kloecker, Seconded by Commissioner Tom Fischer. Vote: Motion carried 7-0. Yes: Commissioner Steve Ashford; Commissioner Kai Lai; Commissioner Tom Fischer; Commissioner Paul Kloecker; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Richard Gullen No: None Abstain: None Absent: None Second Motion on Item V.A. Motion: Motion to adopt a resolution recommending the City Council approve AS 14-27 Moved by: Commissioner Paul Kloecker, Seconded by Commissioner Tom Fischer Vote: Motion carried 7-0. Yes: Commissioner Steve Ashford; Commissioner Kai Lai; Commissioner Tom Fischer; Commissioner Paul Kloecker; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Richard Gullen No: None Abstain: None Absent: None B. CUP 14-04 Conditional use permit requesting a minor automobile repair services business at a property located at 8385 Monterey Street, which would eliminate the dispensing of gasoline as an allowable use on the property (previously approved under CUP 12-05) and modify the site by eliminating two driveways, increasing the amount of landscaping provided, and adding two vehicle doors on the rear elevation of the existing 1,700 square foot building; Rolando Barosso, Applicant CUP 14-04 Planning Manager Martin presented the staff report Commissioner Kai Lai requested clarification on the options if the applicant does not comply with the conditions. Planning Manager Martin explained that the process for noncompliance is the same as the current CUP, that staff would bring the noncompliance issues to the Planning Commission for direction on revocation. The Fire Department will follow up separately on the tank removal. Commissioner Kloecker stated that he was also concerned about compliance, and he stated the current and proposed drawings seemed to have a discrepancy on the location of the existing tanks. rd Planning Manager Martin explained there are two types of enforcement; non- compliance with permit and the fire department would follow up on clean-up of the underground tanks. Chair Gullen requested clarification on the location of the 8 parking spaces. Planning Manager Martin explained two spaces are by the staff -proposed landscaping in the front. The other 6 spaces are shown on the site plan. Commissioner Kloecker requested clarification on where visitors will park. Planning manager Martin explained that visitors will park in the 8 spaces, according to the applicant statement of use. They are not allowed to park on unmarked spaces. Chair Gullen opened the public hearing. Glen Gurries, representing the applicant, explaining that the applicant had attended two DRG meetings and met with planners before purchasing the property. Mr. Gurries indicated, the applicant is intent on moving ahead with the project, that they are willing to comply with most of the requirements, but some conditions are unrealistic. First, removal of the underground tanks will cost approximately $70,000, and removal of the tanks by 4/11 is not realistic. Instead the applicant request that, by 4/11, they have the demo permits, and are ready to start the process. They indicated construction and removal of tanks will be done simultaneously. Second, the city has requested that the sign be removed in 30 days, the applicant proposes to cover the sign, so that it may be reused in a different manner. Third, going into the purchase of this property the applicants didn't have the responsibility of beautifying the site as a gateway to the city, now they are required to make the improvements for the city. The applicant would also like there to be staff discretion when reviewing the landscaping. Commissioner Kloecker asked for clarification on the time line for tank removal after tank removal permits are issued. Glen Gurries confirmed the request is to have tank removal permit by 4/11, and completion of the tank removal would be 60 days after that. City Attorney Callon suggested that the closing timeline should be run by the Fire Marshall/ Fire department to see if they are in compliance with state law by not removing the tanks before beginning the construction process. Glen Gurries confirmed the applicant will comply with state law. Chair Gullen closed public hearing. 5 Commissioner Sanford asked for clarification, if a CUP had not been required would there still be requirements for tank removal, landscaping, closing driveways, is tank removal a city or state requirement. Planning Manger Martin explained there would be no requirements to add landscaping or close driveways if the CUP were not required. However, the CUP is required in this case because a residence is within 1000 feet. Tank removal is a state requirement. Commissioner Fischer stated he is prepared to support the project with conditions presented by staff. With regard to timing of the tank removal, he doesn't believe the commission can provide the condition, this is a state requirement. He would like clarification on timeline for completion. Planning manager Martin answered the final completion for the project is 6 months. Commissioner Kloecker asked for clarification on the Fire Department/state deadline. Planning Manager Martin stated that she understood the applicant has been granted all possible extensions, so there is no further flexibility on removal beyond 4/11 as reflected in condition No. 13. Chair Gullen suggested condition No. 13 be changed to "Applicant shall obtain permits for removal of underground storage tanks by April 11, 2015 and shall complete removal of the underground storage tanks by June 11, 2015 or as otherwise required by state law or the fire department," Commissioner Kloecker asked for clarification on the city's authority with regard state law. Attorney Callon responded state law has precedence and timing of the work depends on what they are doing on the site prior to removal of the tanks. Commissioner Kloecker agreed with the applicant for staff to have discretion to work with the applicant on landscaping, he also agrees with covering the sign, and reusing it. Commissioner Fischer asked for clarification on the motion, if it included all staff recommendations. Commissioner Kloecker stated all staff recommendations are included. Glen Gurries nodded his understanding. Commissioner Rodriguez requested verification that the applicant understands that the planning commission does not have the authority to further extend tank removal date by 4/11, that state law would take precedence. C.9 Commissioner Lai requested clarification on the action taken if the applicant does not comply with the Fire Department/State deadline, he also questioned if the city has the authority to extend the removal deadline by 60 days. Planning Manager Martin indicated she is not sure what actions would be taken by the Fire department/ State. The expectation is that the tanks be removed by April 11. She asked for clarification on covering the sign. It is her understanding that the sign can be covered for now but the sign permit must be obtained through normal processes and approved within 6 months, if the applicant chooses to not to reuse the sign they must remove it within the timeframe. Commissioner Kloecker agreed with Planning Manager Martin's understanding of the sign removal or reuse. Planning Manager Martin asked for understanding from the Applicant regarding the sign. Representative Gurries responded that the Applicant understands the sign requirements. Commissioner Sanford requested clarification on if the identifying gas station signs may be removed instead of covering the sign. Commissioner Kloecker clarified the commission's intention that the sign does not look like a gas station sign. Chair Gullen would like to know what the sign would look like without the panels. Planning Manager Martin suggested blank panels replace the current gas station signs. Representative Gurries stated that in regards to the tank removal applicant understand that they must follow state law and will not hold the planning commission accountable for their extension of 60 days. He also clarified the blank panels could be in place within two weeks. Commissioners agreed to included there clarification. Motion on Item V.B. Motion: to adopt resolution Approving CUP 14-04 with the condition that permit or tank removal permit be obtained by 4/11/15 and removal to occur 60 days afterwards 6/10/15, unless otherwise required by state and fire marshal. Applicant would work with staff towards mutual agreement on landscaping plans are that the sign panels must be removed and replaced with blank panels within 2 weeks. Moved by Commissioner Paul Kloecker, Seconded by Commissioner Tom Fischer. 7 Vote: Motion carried 7-0. Yes: Commissioner Steve Ashford; Commissioner Kai Lai; Commissioner Tom Fischer; Commissioner Paul Kloecker; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Richard Gullen No: None Abstain: None Absent: None C. CUP 12-05 A conditional use permit revocation hearing on an approved CUP for the operation of an auto repair business located at 8385 Monterey Street, due to the failure of the business owner to comply with the conditions of approval for the use, and consideration of a new conditional use permit application (CUP 14-04) to supersede and revoke CUP 12-05. City of Gilroy, Applicant CUP 12-05 Planning Manager Martin stated at the next meeting they will bring back this item on consent, with the understanding that CUP 14-04 was approved. D. Z 14-12a Zoning code amendment to Chapter 30 of the Gilroy City Code for text amendments to section 30.27.50 to clarify applicability of demolition applications in historic sites or districts; to sections 30.37.30 and 30.37.90 to clarify placement of portable real estate signs near Santa Teresa Boulevard and clarify the allowance of A - frame signs citywide; to section 30.47.50 would clarify temporary outdoor sales of seasonal items; and to section 30.50.41 would clarify conflicting language with regard to requirements for accessory living structures. City of Gilroy, Applicant Z 14-12A Planning Manager Martin presented the staff report. Commissioner Fischer asked for clarification on if the staff determines whether a structure is Historical or Cultural important. Planning Manager Martin explained that if a structure is borderline, then more documentation would be required and the normal process would be followed. Commissioner Fischer asked for clarification on insurance required for portable realtor signs, if this was a new requirement. Planning Manager Martin stated that the insurance has always been a requirement but was not sure how the insurance worked, as the City's Risk Manager handles these details. Commissioner Sanford explained during her time on the Sign Ordinance Task Force this question arose, and a representative from the realtor community knew the policy and had no issues with the requirement. Commissioner Fischer asked if this was a new requirement. L-1 Commissioner Sanford explained three years ago while serving on the Sign Ordinance Task Force the condition was already in existence. Planning Manager Martin confirmed that she has not made any changes to the insurance policy that was already in place. Commissioner Ashford questioned who polices the insurance policy. Planning Manager Martin, clarified code enforcement would review such compliance. Commissioner Ashford would like to see more enforcement of the downtown A -Frame signs, in one weekend he picked up 21 signs. Planning Manger Martin explained that enforcement occurs on the weekends and the signs should be picked up. Commissioner Fischer asked for clarification that the portable realtor signs are not allowed in the downtown area. Planning Manager Martin confirmed the realtor signs are not allowed in the historic district or in the downtown expansion district. Commissioner Sanford clarified that signs in the downtown are not allowed as per the City Council, she acknowledged a typo in Article 30.37.90 2°d to last line "feet' is missing. Sanford questioned the use of the word "Seasonal' in relation to the temporary use permit adjustments. Commissioner Kloecker noted that for some businesses with geographical problems, the Planning Commission has allowed a sign to be placed at the entrance; there is a business on Welburn that places a sign on the sidewalk, but what happens if all businesses in the complex want to put signs on the sidewalk. Planning Manger Martin confirmed there are exceptions, and regulations for those circumstances would be considered on a case -by -case basis. Commissioner Kai commented that the senior center, farmers market and Library book sale signs are placed on the sidewalks, as these are city functions he feels the city should observe the ordinance. Chair Gullen opened public comment. Carol MacDonald spoke about a building that she was unable to demolish on her property, the building is her neighbor's garage which is a historical site, the garage is located on her property and is not a historical site, she would like to demolish it and build an outbuilding that fits with her older home, she would like the support of the city. 9 Ron Kirkish spoke to the fact that the city is trying to enforce the signage codes but they do not have enough resources to do so, A -frame signs are being addressed and he appreciates that, he also stated he likes how Los Gatos has added A -frame signs that add to the ambiance of the town. Commissioner Sanford received a call from Mark Turner at Gilroy Chamber of Commerce, the Planning Commission has also received a letter in reference to his comments. Chair Gullen also spoke with Mark Turner prior to the meeting and he reiterated the Chambers support of the revisions. Commissioner Fischer stated he had a discussion with a local citizen that was previously discussed in the meeting. Motion on Item V.D. Motion: Motion to adopt a resolution recommending the approval of Z 14-12 Moved by Commissioner Elizabeth Sanford, seconded by Commissioner Paul Kloecker. Vote: Motion carried 7-0. Yes: Commissioner Steve Ashford; Commissioner Kai Lai; Commissioner Tom Fischer; Commissioner Paul Kloecker; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Richard Gullen No: None Abstain: None Absent: None VI. OLD BUSINESS None VII. NEW BUSINESS None VIII. CORRESPONDENCE None IX. INFORMATIONAL ITEMS A. Current Planning Projects B. Planning Staff Approvals X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION T None XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meetings of March 2, 2015 - March 16, 2015 - Commissioner Kloecker Commissioner Kloecker reported the City Council accepted completion of construction for the roundabout at Luchessa and Thomas. A bid proposal was awarded for demolition of parking lot at 7050 Rosanna. The city Council appointed one Open Government Commission member, and one Neighborhood Revitalization Committee member. The council also approved to demolish brick wall near Horlein Court as it was discovered to be a URM. B. Housing Advisory Committee - Chair Gullen Chair Gullen reported a presentation was given on below market housing, to ensure that applicants don't resell the property at current market value a deed of trust is put in place in favor of the city, if you are to sell the below market housing the escrow company must check in with the city prior to sale. C. Historic Heritage Committee - Commissioner Ashford Commissioner Ashford reported there was no meeting. D. Arts & Culture Commission - Commissioner Kloecker Commissioner Kloecker reported there was no meeting. E. South County Joint Planning Advisory Committee - Commissioner Kloecker Commissioner Kloecker reported there was no meeting. F. Street Naming Committee - Commissioner Kai Lai Commissioner Lai reported there was no meeting. G. Development Standards Task Force - Commissioner Fischer and Commissioner Kloecker Commissioner Fisher reported there was no meeting. H. General Plan Advisory Committee - Commissioner Fischer and Commissioner Sanford 11 Commissioner Fisher reported that the GPAC committee received an overview of land use alternatives report, an overview of the community workshop, met informally at the community workshop, the workshop was very well attended, and all findings will be presented at the 3/11/15 meeting at the library. XI. ORAL REPORTS BY COMMISSION MEMBERS XII. PLANNING DIVISION MANAGER REPORT Planning Manger Martin reported the Royal Way project has been appealed and will be presented to City Council on 3/16. XIII. CITY ATTORNEY REPORT Attorney Callon commented that it is a pleasure to serve with the Planning Commission. XIV. PLANNING COMMISSION CHAIR REPORT Chair Gullen stated nothing to report 4 XV. ADJOURNMENT at 8:38 p.m. 12