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12/03/2015 Planning Commission Regular Meeting Adopted 02/18/2016Planning Commission Regular Meeting DECEMBER 03, 2015 I. PLEDGE OF ALLEGIANCE Chair Richard Gullen opened the meeting at 6:30 p.m. and led the pledge of allegiance. II. REPORT ON POSTING THE AGENDA AND ROLL CALL Kelsey Heyd stated the agenda was posted on November 25, 2015 at 5:04 PM. Roll Call: Present: Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner Paul Kloecker; Commissioner Kai Lai; Vice Chair Sue Rodriguez; Commissioner Elizabeth Sanford; Chair Richard Gullen. Staff Present: Community Development Director, Kristi Abrams; Assistant City Attorney, Jolie Houston; Senior Planner, Rebecca Tolentino; Planning Manager, Sue Martin; Traffic Engineer, Henry Servin; Special Projects, David Bischoff; Senior Civil Engineer, Maria Angeles; Planning Technician, Kelsey Heyd. III. APPROVAL OF MINUTES November 5, 2015 Motion on Item III.1. Motion: Approve Motion to approve minutes of November 5, 2015 Moved by Vice Chair Sue Rodriguez, seconded by Commissioner Tom Fischer. Vote: Motion carried 7-0. Yes: Vice Chair Sue Rodriguez; Commissioner Tom Fischer; Commissioner Steve Ashford; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Richard Gullen IV. PRESENTATION BY MEMBERS OF THE PUBLIC No comments or presentations were made. V. PUBLIC HEARINGS A. Z 13-08, TM 13-11 and AS 13-35. These three applications, in combination, would allow for the development of 202 townhouse units on 10.83 acres located at the southeast corner of Santa Teresa Blvd. and First St. (APNs 808 -01-21, 808-01-22 & 808-01-23). The townhouse units would be contained in 40 buildings, all of which would be 3 stories in height. Access to the units would be provided by numerous private streets and driveways constructed throughout the project. A clubhouse, pool and tot lot would be provided for use of the residents. A Planned Unit Development overlay is requested to allow for provision of fewer units on the property than required by the R4 zoning district (202 units instead of 216). A reduced front setback of 23 feet for one of the buildings is requested, which is less than the City minimum standard of 26 feet for the R4 zoning district. A mitigated negative declaration (MND # 2015-02) has been prepared and will be considered along with the proposed project. Application filed by Imwalle Properties, 115 S. Market St. Suite 190, San Jose, CA 95113. These applications were continued to this meeting by the Planning Commission on September 3, 2015. Special Projects Bischoff presented the staff report for the Planned Unit Development by Imwalle Properties. Commissioner Kloecker asked where on the site map was the pedestrian access points for the exterior of the project. Special Projects Bischoff showed the site map pointing out these access points. Commissioner Lai asked the following questions: will there be two lanes on First street going East to Westwood; will there be any pedestrian crossing along First street before Westwood; is there a turning lane into the project; can left turns be made out of the project on First street; can they exit the project on Santa Teresa going South. Special Projects Bischoff and Traffic Engineer Servin stated there will be two lanes on First street, there will be no pedestrian crossing, there is a turning lane into the project, First street is commercial and the public can turn left from onto First from commercial areas not the project and there is no Southbound exit from the project onto Santa Teresa going South. Commissioner Fischer asked if it was a staff recommendation to include the 36 parking spaces along First street on the staff proposed map. Special Projects Bischoff stated there is a City Council resolution not allowing parking on First Street in this location and any approval tonight would not include parking on First Street. Commissioner Sanford asked why the Hexagon study, on page 25, speak to calculated trips based on left hand turns. Traffic Engineer Servin stated that the study accounts for all potential movements that might be programmed into a new development and doesn’t necessarily mean we would allow that left turn movement and, in this case, the City is not recommending that movement. Chair Gullen opened public comment. John Razumich and Don Imwalle, from Imwalle Properties gave a power point presentation on changes made since July, 2015 on this project. Commissioner Lai asked if the school district has been contacted regarding the potential influx of students and where they would attend. Mr. Razumich stated that he did not have with him the environmental study by RBF that has student statistics and could not answer the question. Commissioner Lai also talked about fair share and impact fees due to Mr. Razumich stating that their project seems to be paying for more than their fair share of City projects when it comes to traffic mitigation requirements. Commissioner Kloecker asked how fair share of impact fees are calculated when it comes to traffic mitigation requirements. Traffic Engineer Servin explained impact fees and the fair share formula and how developments mitigate contributions and conditions which affect those impact fees. Vice Chair Rodriguez stated that the fair share explanation seems more than what she recalls or what it was intended for. Traffic Engineer Servin stated that it has not changed and gave an example of a recent development project and what their obligations were and how they went about completing them. That this is what the City imposes and feels it is fair. Kristi Abrams addressed the discussion of impact fees and fair share. She explained the City process that was adopted and that the applicant has been aware of the process and has been advised about the City’s reimbursement policy and their responsibility to mitigate. Commissioner Kloecker asked what about the timeline for reimbursement from the traffic impact fee. Community Development Director Abrams stated the fund is currently in the red and Imwalle would be in line for a refund but it may be several years before they can collect on it. Chair Gullen opened to public comments, hearing no comments, he closed the public hearing. Disclosure of Ex-Parte Communications: Commissioner’s Fisher, Ashford, Sanford and Kloecker had meetings with the applicant. Assistant City Attorney Houston stated that the words “as amended” should be added to the finding statement for the mitigation measures since they have been amended. Motions on Item V. A. Motion: Approve Motion to consider and recommend that the City Council adopt the Mitigated Negative Declaration as amended prepared for the project, based on the findings required by the California Environmental Quality Act (CEQA). Moved by Commissioner Tom Fischer, seconded by Commissioner Paul Kloecker. Vote: Motion carried 7-0. Yes: Commissioner Tom Fischer; Commissioner Paul Kloecker; Commissioner Steve Ashford; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Vice Chair Sue Rodriguez; Chair Richard Gullen. Motion: Approve Motion to adopt a resolution recommending the City Council approve Z 13-08 and Architectural and Site Review AS 13-35 Moved by Vice Chair Sue Rodriguez, seconded by Commissioner Tom Fischer. Vote: Motion carried 7-0. Yes: Vice Chair Sue Rodriguez; Commissioner Tom Fischer; Commissioner Steve Ashford; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Richard Gullen. Motion: Approve Motion to adopt a resolution recommending the City Council approve Tentative Map TM 13-11 with modifications to Condition 41 as described. Moved by Commissioner Tom Fischer, seconded by Vice Chair Sue Rodriguez. Vote: Motion carried 7-0. Yes: Commissioner Tom Fischer; Vice Chair Sue Rodriguez; Commissioner Steve Ashford; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Richard Gullen B. CUP 15-04 Requests approval to operate a dialysis and renal health care facility in an existing 12,256-square foot building located at 8095 Camino Arroyo. The subject property is 0.95 acres in size and zoned M2, General Industrial. Senior Planner Tolentino presented the staff report. Chair Gullen opened public comment. Frank Jesse, VP of Real Estate and Facilities for Satellite Health Care, spoke on behalf of the non-profit facility and explained how the needed changes would be beneficial to the facility and the patients. Commissioner Kloecker asked if the facility there is a trend towards more in-home dialysis. Mr. Jesse explained that it is used for less evasive treatments and that the expansion of their facility will be housing two rooms for training of this type of treatment. Commissioner Lai asked how many patients are being treated at the facility. Mr. Jesse responded that they currently treat 129 patients per week and with the expansion they should go up to 144, which are generally local residents. Chair Gullen closed the public comment period. Disclosure of Ex-Parte Communications: None Motions on Item V. B. Motion: Approve Motion to adopt a resolution to approve CUP 15-04. Moved by Vice Chair Sue Rodriguez, seconded by Commissioner Kai Lai. Vote: Motion carried 7-0. Yes: Vice Chair Sue Rodriguez; Commissioner Kai Lai; Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner Paul Kloecker; Commissioner Elizabeth Sanford; Chair Richard Gullen. C. Z 15-10 Ordinance Amendment to the Gilroy City Code prohibit the cultivation, processing, delivery, and dispensing of marijuana throughout the City of Gilroy. Planning Manager Martin presented the staff report. Commissioner Tom Fischer asked if prescriptions holders could cultivate marijuana for themselves and how does the ordinance affect cultivation. Assistant City Attorney Houston explained how the ordinance prohibits greenhouses from cultivating and not affect prescription holders from their required amount. Vice Chair Sue Rodriguez stated that the ordinance won’t stop the illegal grow houses but it would allow prosecution of the grow houses. Assistant City Attorney Houston stated it would require prohibition of them. Captain Kurt Svardal, Gilroy Police Department, spoke about the proposed ordinance and the Police Department’s experience with grow houses. That inclusion of an ordinance prohibiting grow houses would be a big benefit to Police operations. Vice Chair Rodriguez asked if Gilroy would be like Colorado where businesses could grow marijuana, or would the proposed ordinance prohibit this. Assistant City Attorney Houston stated the state law has allowances for growing and some local agencies will be adopting regulations for cultivating by the March 1, 2016 deadline but that our City ordinance will be prohibiting. Commissioner Kloecker stated that he understands that this ordinance would continue to allow individual grow locations in compliance with the state law. Captain Svardal responded with “yes” since it is a state law then went on to explain how his department handles situations from citizen complaints on people growing marijuana and the differences with delivery and transport. Commissioner Lai asked if anyone that has a prescription to use marijuana that this would not apply to them. Captain Svardal stated yes. Chair Gullen opened public comment. Ron Kirkish, encouraged commissioners to approve the ordinance stating facts on why it should be prohibited. Chair Gullen closed the public comment period. Disclosure of Ex-Parte Communications: None Motions on Item V. C. Motion: Approve Motion to adopt a resolution recommending the City Council approve Z 15-10. Moved by Commissioner Tom Fischer, seconded by Commissioner Steve Ashford. Vote: Motion carried 6-0. Yes: Commissioner Tom Fischer; Commissioner Steve Ashford; Commissioner Kai Lai; Commissioner Paul Kloecker; Commissioner Elizabeth Sanford; Vice Chair Sue Rodriguez; Chair Richard Gullen. VI. OLD BUSINESS None VII. NEW BUSINESS None VIII. CORRESPONDENCE None IX. INFORMATIONAL ITEMS None A. Current Planning Projects None B. Planning Staff Approvals None X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION None XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meetings of November 16, 2015 - Commissioner Fischer; December 7 & December 14, 2015 - Commissioner Rodriguez Commissioner Fisher gave highlights of the meeting on 11/16. City accepted a memorandum of understanding from the ASKME Local 101, the first quarter budget was reviewed, the agricultural mitigation policy was amended eliminating the “In Lieu of Fee” option and the acting City Manager stated the City has invested more than $15M to downtown in the last ten years. B. Housing Advisory Committee: Chair Gullen stated there was nothing to report. C. Historic Heritage Committee: Commissioner Ashford stated there was no meeting. D. Arts & Culture Commission: Commissioner Kloecker stated he was not able to attend the meeting but will attend the next one. 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: Commissioner Fischer stated there was no meeting. H. General Plan Advisory Committee: Commissioner Fischer stated there was no meeting I. High Speed Rail Advisory Committee: Commissioner Fischer stated on November 17th they participated in the first community meeting that was held at Elliott school. After a brief introduction of the project participants broke into study groups to offer suggestions on subjects such as transportation and parking; land use and economic development, infrastructure and environmental issues. Input from these groups will be analyzed by staff and reported on at our next meeting. He estimated there was between 60 and 100 members of the public present. XII. PLANNING DIVISION MANAGER REPORT No Report XIII. ASSISTANT CITY ATTORNEY REPORT No Report XIV. PLANNING COMMISSION CHAIR REPORT No Report XV. ADJOURNMENT Adjourned at 8:24pm until next meeting of January 7th. Georgina Sanchez Office Assistant