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05/07/2015 Planning Commission Regular Meeting Adopted 06/04/2015Planning Commission Regular Meeting Minutes MAY 07, 2015 I. PLEDGE OF ALLEGIANCE Chair Gullen 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 Office Assistant, Zinnia Navarro reported the agenda was posed on Friday, May 1, 2015 at 2:45 PM. Roll Call: Present: Commissioner Steve Ashford, Commissioner Tom Fischer, Commissioner Paul Kloecker, Vice Chair Susan Rodriguez, Commissioner Elizabeth Sanford, Chair Richard Gullen Absent: Commissioner Kai Lai Staff: Assistant City Attorney Jolie Houston, Planning Manager Sue Martin, Office Assistant Zinnia Navarro, Planner Valerie Negrete III. APPROVAL OF MINUTES A. April 2, 2015 Motion on Item III.A. Motion: to approve minutes of April 2, 2015 Moved by Vice Chair Susan Rodrigues, seconded by Commissioner Elizabeth Sanford Vote: Motion carried 6-0-1-0 Yes: Commissioner Steve Ashford, Commissioner Tom Fischer, Commissioner Paul Kloecker, Vice Chair Susan Rodriguez, Commissioner Elizabeth Sanford, Chair Richard Gullen No: None Absent: Commissioner Kai Lai Abstain: None IV. PRESENTATION BY MEMBERS OF THE PUBLIC Connie Rogers of the Historical Society spoke on the history and the condition of the old St. Mary's cemetery. She stated they have a fund raising campaign to place a rod iron fence around the cemetery. V. PUBLIC HEARINGS A. CUP 14-04 (conditional use permit) this conditional use permit allows for the operation of an auto repair business located at 8385 Monterey St. (Assessor Parcel Number 790-36-032). The public hearing is being held due to the failure of the business owner to comply with the conditions of approval for the use. The Planning Commission will consider revocation of the conditional use permit as well as the possibility of modification and/or addition to the conditions of approval. The use and its revocation or modification is exempt from environmental review under Section 15301 of the State CEQA Guidelines. (CUP 14-04 conditional use permit); City of Gilroy, Applicant Sue Martin presented the staff report. Chair Gullen opened the public hearing. Mr. Glen Gurries spoke on behalf of the applicants. He stated they are hardworking people and are doing things at their own pace and trying to comply with the conditions. Chair Gullen asked why the permit to remove the island and canopy hasn't been applied for. Mr. Gurries stated his understanding was that it is part of the tank removal permit process. He stated he did not know that was separate from the tank removal. Chair Gullen asked if the demolition of the island and canopy is in the contract for the tank removal. Mr. Gurries replied yes the demolition of the island and canopy is in the tank removal contract. Commissioner Rodrigues asked why the comment of 2 years. Does the applicant think he does not have to do anything for 2 years. Mr. Gurries stated most appliances have up to 2 years to pull the business permit not 2 months. He stated the applicants are under undo pressure and it's unfair to put the time lines on the applicant. Commissioner Fischer asked now that the applicants have a contract on board what is the schedule. Mr. Gurries stated he spoke with the contractor and they were estimating around the 19th of May. Chair Gullen closed the public hearing Motion on Item V.A. Motion: to continue CUP 14-04 to the July 2, 2015 meeting. Moved by Commissioner Paul Kloecker, seconded by Vice Chair Susan Rodrigues Vote: Motion carried 6-0-1-0 Yes: Commissioner Steve Ashford, Commissioner Tom Fischer, Commissioner Paul Kloecker, Vice Chair Susan Rodriguez, Commissioner Elizabeth Sanford, Chair Richard Gullen No: None Absent: Commissioner Kai Lai Abstain: None B. AS 14-26 (Architectural and Site Review) requests Architectural and Site Review approval to modify a two-story 4,689 square foot URM (unreinforced masonry) building and a one-story 3,289 square foot URM building located within the Downtown Historic District at 7525 Monterey Street and 7517 Monterey Street. Both buildings are located on one lot. The proposed project includes the re-establishment of approximately 5,300 square feet of retail and commercial space on the first floors and two (2) apartment units on the second floor of 7525 Monterey Street, along with a series of architectural modifications to the Monterey Street facades, such as new storefronts and new windows/doors. A new front facade is proposed for 7525 Monterey Street. Proposed Gourmet Alley improvements include installation of new windows and doors. Proposed at -grade improvements to the rear of the property include brick paving with a walkway leading to 7525 Monterey Street. Landscape trees, a bench, trash enclosure and decorative bollards are also proposed at the rear. The site is located within the Downtown Historic District. The proposed project is exempt from environmental review under Section 15301, "Existing Facilities," of the California Environmental Quality Act (CEQA) Guidelines. Application filed by Reed Lerner, 7680 Monterey Street, Ste. 105, Gilroy, Ca. 95020. Commissioner Ashford stated how owns property within 500 feet of the project and excused himself. He stepped down from the dais. Chair Gullen asked Assistant City Attorney Houston if Commissioner Ashford could stay in the chambers and speak as a member of the public or leave the chambers and cannot speak on the item. Assistant City Attorney Houston stayed that he can stay in the chamber and speak as a member of the public and not an official. Planner Valerie Negrete presented the staff report. Commissioner Sanford asked about the working hours for businesses. She stated there are conditions for residential working hours and are they the same or is it different since it's a business. Planning Manager Martin commented that the ordinance is citywide and there is no difference for residential or commercial. Chair Gullen open and closed the public comment. Motion: to approve AS 14-26 Moved by Commissioner Elizabeth Sanford, seconded by Vice Chair Susan Rodrigues Vote: Motion carried 5-0-1-1 Yes: Commissioner Tom Fischer, Commissioner Paul Kloecker, Vice Chair Susan Rodriguez, Commissioner Elizabeth Sanford, Chair Richard Gullen No: None Absent: Commissioner Kai Lai Abstain: Commissioner Steve Ashford VI. OLD BUSINESS 2159 M12 VII. NEW BUSINESS None VIII. CORRESPONDENCE None IX. INFORMATIONAL ITEMS A. Current Planning Projects B. Planning Staff Approvals Planning Manager Martin stated staff is keeping busy and reports are in the packets. X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION None XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meeting of April 6 and 20, 2015 and May4, 2015. Commissioner Fischer gave a brief summary of the April 6 and 20 meeting and Vice Chair Rodriguez gave a brief summary of the May 4, 2015 meeting. B. Housing Advisory Committee Vice Chair Gullen stated that there was no meeting. C. Historic Heritage Committee Commissioner Ashford gave a brief summary of the meeting. D. Arts & Culture Commission Commissioner Kloecker 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 was absent and no report. G. Development Standards Task Force Chair Fischer stated that there was no meeting. H. General Plan Advisory Committee Chair Fischer stated that there was no meeting. XII. PLANNING DIVISION MANAGER REPORT Planning Manager Martin gave an update on the Harvest Park affordable housing component is moving forward with Pacific West not South County Housing and staff is working with the new applicant. XIII. ASSISTANT CITY ATTORNEY REPORT No report XIV. PLANNING COMMISSION CHAIR REPORT No report XV. ADJOURNMENT at 7:45 p.m.