05/01/2014 Planning Commission Regular Meeting Adopted 05/15/20141
Planning Commission
Regular Meeting
MAY 01, 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
Christina Villarreal reported that the agenda for the regular Planning Commission
meeting of May 1, 2014 was posted on April 25, 2014 at 9:40 a.m.
Roll Call:
Present: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul
Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Tom Fischer
Staff Present:
David Bischoff, Planner; Shawna Freels, City Clerk; Jolie Houston, Assistant City
Attorney; Susan Martin, Planning Manager; Kevin O’Connell, Senior Development
Engineer, Christina Villarreal, Office Assistant Community Development Department
III. APPROVAL OF MINUTES
A. April 3, 2014
Motion on Item III.A.
Motion: to approve the minutes of April 3, 2014
Moved by Commissioner Paul Kloecker, seconded by Commissioner Elizabeth Sanford
Vote: Motion carried 5-0-1-0
Yes: Commissioner Brad Bannister; Commissioner Paul Kloecker; Commissioner Kai
Lai; Commissioner Elizabeth Sanford; Chair Tom Fischer
No: None
Abstain: Vice Chair Richard Gullen
Absent: None
IV. PRESENTATION BY MEMBERS OF THE PUBLIC
No comments or presentations were made.
V. PUBLIC HEARINGS
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A. A Tentative Map request to subdivide a 34-acre parcel into 67 single-family
residential lots, one 14.3 acre lot for agricultural production and four lots totaling 6.5
acres for passive and active open space and recreational use. The property is located in
the west cluster of the Hecker Pass Specific Plan area, on the south side of Hecker
Pass Highway (Hwy 152) and just east of Uvas Creek and Gilroy Gardens. Assessor’s
Parcel Number 810-20-015, Gilroy Investors LP, Applicant (TM 13-09)
An associated Architectural and Site Review request for approval of 67 Homes and
associated landscaping of the homes and open space areas of the project located in the
west cluster of the Hecker Pass Specific Plan area, on the south side of Hecker Pass
Highway (Hwy 152) and just east of Uvas Creek and Gilroy Gardens. Assessor’s Parcel
Number 810-20-015 (A/S 13-27)
Planner Bischoff presented the staff report. He stated that after the packet went out the
applicant met with staff regarding questions and changes to the Conditions of Approval;
minor clarification were made to the Tentative Map Conditions and the Architectural and
Site Conditions a new condition was added item #42. This condition relates to new
model plans and adding a single story home into the subdivision. Planner Bischoff
stated recommended condition changes where placed at the dais before the meeting for
the Commissioners.
Planner Bischoff explained the Commission needed to accept the addition of the late
material for the conditions of approval.
Assistant City Attorney Houston stated that the only finding that needed to be accepted
by the Commission was Condition # 42 due to it be ing a new condition.
Motion on Item V.A.
Motion: to receive late material of additional condition recommendations to include with
the staff report.
Moved by Commissioner Paul Kloecker, seconded by Vice Chair Richard Gullen
Vote: Motion carried 6-0-0-0
Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul
Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Tom Fischer
No: None
Abstain: None
Absent: None
Planner Bischoff continued with the staff report stating that 3 comments cards have
been received one is in the packet, another on the dais and the last one was just
received at the meeting.
Commissioner Sanford asked how long is the linear park and is the park public. She
questioned parking on Grassland Way and will the public have parking if the wanted to
use the park.
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Planner Bischoff explained that the linear park is a public park; it extends along the
south side of Grassland Way from Third Street through the project and estimated the
distance at about a mile. He stated Grassland Way is a private street with parking only
on the north side and he is not aware of a public parking area.
Commissioner Bannister asked about the 8 trees that will be removed and what the
replacement ratio is. He asked about the size of driveways on lots 39 and 46. He also
asked for clarification on the number of additional plans in regards to condition 42.
Planner Bischoff explained that the tree replacement mitigation will be 4 to 1 with the
approval of the Planning Manager and City Engineer. Planner Bischoff stated that the
driveways on lots 39 and 46 will be full size or 18 feet minimum length. He explained
that the intention is to have a total of 2 two-story plans plus 1 single-story for the
midsize and large lots.
Commissioner Lai asked about ownership and who is responsible for the maintenance
and upkeep of the roadway.
Planner Bischoff explained the subdivision was designed with private streets. The
streets are on separate parcels that would be owned in common by all 67 home owners
with an association being formed. It would be the responsibility of the association to
maintain and care for the streets.
Commissioner Lai asked about Lone Oak, a private street that connects to another
future development and asked for clarification as to construction and maintenance of
that street.
Planner Bischoff commented that this is part of the Hecker Pass Specific Plan and all
developers within the Specific Plan have agreements addressing this. Before the final
map is approved, the roads have to be completed and emergency vehicles must have
access to the development.
Chair Fischer commented that he read Lone Oak will be a public street.
Planner Bischoff confirmed Lone Oak will be a public street.
Commissioner Kloecker questioned about the timing for construction of Lone Oak and
would there be recycled water for the landscape. He asked if a gate was proposed and
who would approve that gate, if it’s later.
Planner Bischoff stated the Fire Department required Lone Oak be constructed and
accessible before the 30th home is occupied, and that recycled water will be used. If in
the future a gate is installed, approval would be by the Planning Manager and City
Engineer.
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Commissioner Kloecker indicated his concern is for the future homeowners. He would
like the road connection completed prior to occupancy of the first unit.
Vice Chair Gullen indicated he is concerned with the lack of elevations and glad for
condition 42 and the requirement for a 1 single-story plan. He asked if there is a
requirement as to a minimum number of single story plans that have to be constructed.
He also asked if there will be another review of the submission by the Planning
Commission.
Planner Bischoff stated that condition 42 requires each model plan be used on multiple
lots within the subdivision and that there is no repetition of plans or exterior styles on
adjacent lots, but there is no minimum number of single-story units. He stated that arch
and site applications are usually reviewed at staff level, but the Commission could ask
to review the submission instead.
Chair Fischer commented that he would like to see 2 two-story plans for the midsize
and large lots and a single-story plan, specifically that there should be an appropriate
mix of diversity of the plans throughout.
Chair Fischer opened the public hearing.
Brian Avila representing the applicant clarified the floor plans. He stated that the
applicant is willing to provide 2 two-story floor plans on small, midsize and large lots and
a 1 single-story plan that would fit either the midsize or large lot. He handed out a lot -
type fit analysis to the Commission.
Chair Fischer closed the public hearing.
Chair Fischer stated he had spoken to the applicant, under disclosure of ex-parte
communications.
Commissioner Sanford commented on living in a single-story home in between 2 two-
story homes that it does not necessarily provide the best living environment.
Commissioner Bannister stated if the single-story were placed on end lots along the
circular portion of the project, the privacy concerns of the single-story homes would be
addressed.
Chair Fischer agreed with Commissioner Bannister regarding the single-story homes.
Motion on Item V.A.
Motion: to adopt Resolution No. 2014-06 recommending the City Council modify TM
13-09 with the revised TM conditions provided at the opening of the meeting, and
changes to condition 101 revising the language to require the street be completed once
the first home is built, and the requirement that condition 28 return to Planning
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Commission for final approval
Moved by Vice Chair Richard Gullen, seconded by Commissione r Brad Bannister
Vote: Motion carried 6-0-0-0
Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul
Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Tom Fischer
No: None
Abstain: None
Absent: None
Second Motion on Item V.A.
Motion: to adopt Resolution No. 2014-07 to modify A/S 13-27 conditions requiring a
minimum of six (6) single story homes on either the large or mid-range sized lots, and
requiring 3 alternative exterior styles for each plan within the subdivision
Moved by Vice Chair Richard Gullen, seconded by Commissioner Brad Bannister
Vote: Motion carried 6-0-0-0
Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul
Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Tom Fischer
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
Planning Manager Martin spoke on upcoming planning projects.
X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION
None
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XI. ORAL REPORTS BY COMMISSION MEMBERS
A. City Council Meeting of April 7 & April 21, 2014 and May 5 & May 19
Commissioner Sanford gave a brief summary of the City Council meetings of April 7 th
and April 21st.
B. Housing Advisory Committee
Vice Chair Gullen gave a brief summary of the meeting.
C. Historic Heritage Committee
Commissioner Kloecker stated that there was no meeting.
D. Arts & Culture Commission
Commissioner Bannister stated that there was no 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 Bannister stated that there was no meeting.
H. General Plan Advisory Committee
Chair Fischer gave a brief summary of the meeting and Commissioner Sanford gave the
website address “gilroy2040.com”
XII. PLANNING DIVISION MANAGER REPORT
Planning Manager Martin introduced Christina Villarreal and stated the City Council will
interview potential Planning Commissioners at the next City Council meeting.
XIII. ASSISTANT CITY ATTORNEY REPORT
None
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XIV. PLANNING COMMISSION CHAIR REPORT
None
XV. ADJOURNMENT at 8:10 p.m.
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Susan Johnson, Deputy City Clerk