06/06/2013 City Council Regular Meeting Adopted 07/18/20131
Planning Commission
Regular Meeting
JUNE 06, 2013
I. PLEDGE OF ALLEGIANCE
Chair Sanford 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
Deputy City Clerk Knerr reported the agenda for the regular Planning Commission
meeting of June 6, 2013 had been posted on May 31, 2013 at 4:30 p.m.
Roll Call:
Present: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi
Garcia; Commissioner Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai
Lai; Chair Elizabeth Sanford
Staff Present:
Kristi Abrams, Community Development Director/Building Official; Melissa Durkin,
Planner II; Jolie Houston, Assistant City Attorney; Jennifer Knerr, Deputy City Clerk;
Teresa Mack, Senior Civil Engineer (Development)
III. MAYOR’S ANNUAL PRESENTATION TO THE PLANNING COMMISSION
Mayor Gage spoke about City Council's goals and issues such as the General Plan,
homelessness in Gilroy, recent community meetings, URM buildings in the downtown,
Gilroy Garden improvements, sports fields at the schools, auto mall improvements, and
the bond that he will propose to the citizens of Gilroy to help fund future improvements.
Commissioner Gullen asked about incentives for businesses to re-locate to the
downtown.
Mayor Gage explained fees have been reduced and if the bond measure passes low
interest loans would be available.
Commissioner Bannister asked about the bond that the Mayor was proposing and the
fact that one poll was showing a negative reaction.
Mayor Gage explained that the citizens would need to be educated about the bond and
what projects the money would be used for.
Chair Sanford asked about the bond measure and how the funding would be spent in
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the downtown area.
Mayor Gage explained that there would be a partnership with the property owner to fix
the building and then resale the property to recover the money. Funding would also be
used for parking and parking lots in the downtown, repairs of streets, signals and
lighting. He stated that everything would be laid out to the public for the bond money.
Commissioner Lai asked about plans to solve the homeless issue.
Mayor Gage stated that Chief Turner is working on the issue and will look to the Council
for assistance. He stated that permanent housing is needed to help with the homeless
and then services to help them stay in the housing.
IV. APPROVAL OF MINUTES
A. May 2, 2013
Motion on Item IV.A.
Motion: to approve the minutes of May 2, 2013 as written.
Moved by Vice Chair Tom Fischer, seconded by Commissioner Richard Gullen.
Vote: Motion carried 6-0-0-1
Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi
Garcia; Commissioner Richard Gullen; Commissioner Paul Kloecker; Chair Elizabeth
Sanford
No: None
Abstain: Commissioner Kai Lai
Absent: None
V. PRESENTATION BY MEMBERS OF THE PUBLIC
None
VI. PUBLIC HEARINGS
A. AS 13-11, Architectural and Site Review to allow the construction of 8-single family
homes on property zoned R1 (Single Family Residential), located on the Northeast side
of Mesa Road, opposite Dawn Way. K Hovnanian Homes Inc., c/o Jeff Inabnit,
applicant. (APN: 810-62-014 thru 021).
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Planner II Durkin presented the staff report.
Commissioner Fischer stated that he attended a community outreach meeting and
commented that neighbors have concerns regarding the width of the street and traffic
control.
Planner Durkin stated she spoke with the City’s Transportation Engineer and “no
parking signs” will probably be placed on both sides of the street and the stop sign will
need a stop sign warrant analysis before consideration to install.
Commissioner Fischer wanted clarification regarding parking between Wildflower and
Thomas Roads.
Planner Durkin clarified that no parking will be allowed on either sides of the street at
this time and staff will study the stop sign.
Commissioner Gullen asked about the financing mechanisms for the maintenance
program.
Planner Durkin explained a Community Facilities District (CFD) would be placed on the
property and the home owners would be assessed a fee on their property taxes.
Senior Civil Engineer Mack explained that either a Home Owners Association (HOA) is
needed or annex the property into the citywide Community Facilities District (CFD). She
explained when annexed a maximum special tax is established and each year an
amount is set up to that maximum.
Chair Sanford opened the public hearing.
Jeff Inabnit, applicant, thanked the staff for all their work on the project. He stated that
he objected to conditions 3-6 regarding landscape stating that the conditions had been
met by the previous developer and the improvements accepted by the City. He stated
that there is an existing landscape agreement in place with the previous developer. He
also stated that this is an undue burden.
Chair Sanford closed the public hearing.
Chair Sanford stated the Commission had received letters on the project and asked
Planner II Durkin to address conditions 3-6.
Planner Durkin explained that the previous developer does have an existing
maintenance agreement with the County. She stated that the quality of landscaping
and maintenance does not meet the standards of other parts of Santa Teresa and
therefore these are the reasons the conditions were placed on the applicant.
Commissioner Lai asked about the home owner’s responsibility for maintenance of the
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soundwall and landscaping and whose responsibility is it.
Planner Durkin stated the home owner owns the property to the wall and it’s the home
owner’s responsibility to maintain the wall; the County owns the landscape property and
the City will maintain the landscape area. She stated the City is asking the property
owners to pay for the landscaping maintenance.
Director Abrams explained that the City is asking the home owner to help maintain the
landscaping between their property and the right-of-way.
Commissioner Bannister asked about the landscaping maintenance at various points
along Santa Teresa Boulevard.
Senior Civil Engineer Mack stated that DeNova Homes helped create the Community
Facilities District to maintain the landscaping. This was in place of a Home Owner’s
Association.
Commissioner Kloecker stated he would like clarification on ownership and
responsibility for the maintenance of the soundwall.
Planner Durkin stated that the walls are on the individual lots and the owner of the lot is
responsible for the wall.
Commissioner Garcia asked about the options for financing the landscaping
maintenance and who designs the landscaping irrigations plans .
Planner Durkin stated that the project can be annexed into the CFD and the property
owners are then responsible for paying for the maintenance. She stated that the
applicant is responsible for the design of the landscape and irrigation plans.
Commissioner Gullen asked about the existing maintenance agreement between the
owner of lot 12 and the County and was that agreement recorde d. He also asked if lots
1-8 were included in that agreement.
Planner Durkin stated that the agreement was recorded and the other lots are not
subject to that agreement.
Motion on Item VI.A.
Motion: to approve AS 13-11 with all conditions listed but with removal of the timing of
conditions 3 and 4 as described.
Moved by Commissioner Paul Kloecker, seconded by Commissioner Brad Bannister.
Vote: Motion carried 7-0-0-0
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Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi
Garcia; Commissioner Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai
Lai; Chair Elizabeth Sanford
No: None
Abstain: None
Absent: None
B. Z 13-05 Amendments to the Zoning Ordinance. Minor amendments to various
sections of the Zoning Ordinance to correct inconsistencies; make minor changes to
standards for development; and to maintain consistency with the General Plan.
Planner Durkin presented the staff report.
Chair Sanford asked Assistant City Attorney Houston to speak on a letter received
regarding Section 35.17.
Assistant City Attorney Houston explained that the letter commented on the 5 year to 10
year mandate for the permitting process and that the letter stated there was no such
federal law requirement. She stated that it is not federal law; it’s state law for wireless
telecommunication.
Chair Sanford asked Assistant City Attorney Houston to speak on Section 52.40
Assistant City Attorney Houston explained that the Commission does not have to make
findings or state a reason for the denial. Therefore, she recommended removal of the
language requiring findings for a denial of a zoning amendment.
Chair Sanford opened the public hearing.
Seeing no public comment Chair Sanford closed the public hearing.
Motion on Item VI.B.
Motion: to recommend City Council approve Z 13-05 with the amendment to Section
52.40 as described.
Moved by Commissioner Richard Gullen, seconded by Commissioner Christi Garcia.
Vote: Motion carried 7-0-0-0
Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi
Garcia; Commissioner Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai
Lai; Chair Elizabeth Sanford
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No: None
Abstain: None
Absent: None
VII. OLD BUSINESS
None.
VIII. NEW BUSINESS
None.
IX. CORRESPONDENCE
None.
X. INFORMATIONAL ITEMS
A. Current Planning Projects
B. Planning Staff Approvals
Director Abrams stated that the Current Planning Projects and Planning Staff Approvals
are in the Commissioners binders.
XI. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION
None.
XII. ORAL REPORTS BY COMMISSION MEMBERS
A. City Council Meetings of May 6 & 20, 2013 and June 3 & 17, 2013 meetings.
Commissioner Gullen gave a brief summary of the May 6 and 20, 2013 meetings.
Commission Kloecker gave a brief summary of the June 3, 2013 meeting.
B. Housing Advisory Committee
Chair Sanford stated that there was no meeting.
C. Historic Heritage Committee
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Commissioner Garcia stated that there was no meeting.
D. Arts & Culture Commission
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 was no meeting.
G. Development Standards Task Force
Commissioner Fischer stated that there was no meeting.
H. Sign Ordinance Review Task Force
Chair Sanford stated that there will be a wrap up meeting on June 11, 2013. They will
decide at that time a date for a community outreach meeting, then to the Planning
Commission and City Council for approval.
XIII. PLANNING DIVISION MANAGER REPORT
Commissioner Fischer spoke about the American Planning Association Planning
Commissioners Workshop that he attended. He stated it was the final two meetings of
the workshops. He stated that the workshops where very informational and informative
and would recommend the series of four workshops to any Commissioner.
XIII. PLANNING DIVISION MANAGER REPORT
Director Abrams noted that at the July 18th meeting the Commission will need to appoint
2 Planning Commissioners to the General Plan Advisory Committee (GPAC). She
noted that the Commissioners are responsible for completion of their OGO training for
this year and return the certificates to the City Clerk’s office. She also stated the
parking garage would be at the corner of 7th and Church Streets and if the Quality of
Life Bond is approved the garage would be 3 stories instead of 2 stories.
XIV. ASSISTANT CITY ATTORNEY REPORT
None.
XV. PLANNING COMMISSION CHAIR REPORT
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Chair Sanford stated that she gave the City Council the annual Planning Commission
report and Mayor Gage and Council Member Peter Leroe-Muñoz thanked the
Commissioners for all their work.
XVI. ADJOURNMENT at 8:12 pm
_________________________________
/s/ Susan Johnson, Deputy City Clerk