01/21/2016 Planning Commission Regular Meeting Adopted 02/18/2016DRAFT
Meeting
of
JANUARY 21, 2016
I. PLEDGE OF ALLEGIANCE
Chair Rodriguez 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
Kelsey Heyd reported the agenda was posted Friday, January 15, 2016 at 1:30 PM.
Roll Call:
Present: Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner
Richard Gullen; Vice Chair Paul Kloecker; Commissioner Kai Lai; Chair Sue Rodriguez;
Assistant City Attorney Jolie Houston; Absent/Excused: Commissioner Elizabeth
Sanford
Staff Present:
Lee Butler, Development Center Manager; Pedro Espinoza, Police Captain; Kelsey
Heyd, Planning Permit Technician; Jolie Houston, Assistant City Attorney; Valerie
Negrete, Planner I; Sue O’Strander, Planning Manager;
III. PUBLIC HEARINGS
A. Z 15-15 (Zone Text Amendment) requests modifications to Gilroy City Code Chapter
30 "Gilroy Zoning Ordinance" Section 30.19.10 (c)(2) "Commercial Use Table (Specific
Plan Districts)", also known as the Downtown Use Tables, to expand allowances for
art/handicraft, hotel or motels, indoor recreation uses, desktop publishing/copy shops,
and art/dance/gymnastics/music studio or gallery uses, and to change provisions
related to alcohol sales, including but not limited to requiring conditional use permits for
certain alcohol sales and including, but not limited to, allowing certain micro-breweries
and wine tasting uses through an administratively approved permit. This administrative
permit process will be added to Article 50 of Chapter 30 of the Gilroy City Code
"Planning Department Applications". The proposed changes are within the Downtown
Specific Plan zoning districts generally located on both sides of and proximate to
Monterey Street between Leavesley Avenue and Luchessa Avenue within the
Downtown Specific Plan area. These proposed modifications to the zoning ordinance
are exempt from environmental review.
Planner Negrete presented the report.
Commissioner Ashford asked if the new land use categories for wine tasting and
DRAFT
brewery businesses in the downtown district will be required to provide parking per City
Code.
Development Center Manager Butler stated the current zoning ordinance language
specifies that any uses within the former parking assessment districts will not be
required to provide parking. He clarified this is a limited area, roughly bounded between
4th and 6th street, and includes properties on the west side of the railroad tracks and
properties on the west side of Eigleberry .
Commissioner Ashford asked for a confirmation if a brewery wanted to open up
between 4th and 6th street their parking needs would be covered by the parking district.
Development Center Manager Butler stated that would be correct.
Vice Chair Kloecker stated he understands CEQA is usually triggered by changes to the
external development of a business such as demolition or a rebuild but asked if
changes to the internal operation of an existing business would trigger CEQA review.
Development Center Manager Butler stated all projects are subject to CEQA, including
internal changes. He indicated some criteria are built into the provisions and through
standard conditions to address matters such as odors and noise levels to comply with
applicable general plan standards.
Vice Chair Kloecker asked how the proposed land use changes would impact the police
or fire department service with an increase in population for downtown area.
Police Captain Espinoza, stated depending on the type of service calls they receive for
the area, days of the week and hours they would determine the level of patrolling.
Commissioner Gullen stated a correction is needed to attachment A, that the word ‘not’
is missing before the words “Meeting Micro-Brewery and Wine Tasting Provisions
below)” from the category identified as “Liquor/Alcohol Sales/Bars”.
Planning Manager O’Strander confirms the typo and will correct it in the final version.
Chair Rodriguez opens the public comment.
Carol DeSantis stated she is a long time downtown historic advocate and asked the
Commission to retain the conditional use permit process requirement for operation of a
full service hotel in the downtown as such use would have a tremendous impact in the
historic downtown area, in size, scale and mass . Carol also stated the public needs to
have plenty opportunity to speak on this.
Commissioner Gullen asked Carol DeSantis if her main concern is hotel or motels being
exempted?
DRAFT
Carol DeSantis stated she is concerned with large-scale full service hotels, that
boutique hotels would be in proportion with the existing buildings on Monterey street.
Commissioner Kloecker asked if there was specific inquiry and location for a hotel use.
Development Center Manager Butler indicated receiving an inquiry for the former Gilroy
Hotel site. Butler also stated that conversion of any existing space or increasing floor
area to an existing building would be reviewed consistent with historical principles and
requirements of the Zoning Code. Any new construction in the historic neighborhood or
historic combing district would trigger Historic Heritage Committee for a
recommendation then the Planning Commission for the Arch and Site.
Ron Kirkish stated he is happy to see that the city is going to permit the micro-brewers
and associated eateries in the Downtown and encourages targeting business that will
attract tourist and businesses. Furthermore, he indicates the use table should not allow
uses that woulddistract from that goal, such as auto part, auto sales, and used cars
sales located in the Downtown.
Chair closed the public comment (07:21 PM)
Commissioner Fischer stated he agrees with Carol DeSantis and is not convinced that
the conditional use permit requirement should be eliminated for hotels in the downtown
district.
Development Center Manager Butler clarifies the process and code requirements
regarding existing business changes or new construction located in the historical
neighborhood district, specifically that the allowance is intended to encourage boutique
hotels, not large-scale full service hotels that would be out-of-character with the
Downtown District.
Motion on item III.A.
Motion: to recommend City Council approve Z 15-15 with corrections as discussed
Moved by Vice Chair Paul Kloecker, seconded by Commissioner Richard Gullen.
Vote: Motion carried 6-0.
Yes: Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner Richard
Gullen; Vice Chair Paul Kloecker; Commissioner Kai Lai; Chair Sue Rodriguez
Absent: Commissioner Elizabeth Sanford
B. Z 15-17 (Zone Text Amendment) requests modifications to Gilroy City Code Chapter
30, Article L, Sections 30.50.40 and 30.50.41 to modify criteria related to the
Architectural and Site Permit requirements and to add a new process, the Minor
Modification process, that would be required for certain minor exterior changes, such as
landscaping, architecture, small additions, and small accessory structures, to identified
buildings or sites. The proposed Zoning Ordinance text changes would apply
DRAFT
citywide. This project is exempt from environmental review under Section 15061(b)(3)
of the Guidelines for the California Environmental Quality Act.
Development Center Manager Butler presented the staff report.
Chair Rodriguez opens the public hearing
Brett Mattos stated he is one of the co-owners of the Milias Apartments and provided
written comments related to the staff report for commissions review.
Carol DeSantis requested clarification on who decides what is “significant” and what the
criteria are. Carol also stated she would like to see more plans come to the Historic
Heritage Committee instead of being approved at staff level.
Chair Rodriguez closed the public hearing.
Vice Chair Paul Kloecker stated he feels the presentation is going in the right direction
and agrees with Carol DeSantis with regardto the determination of significance. He
suggests an update after 6 months of program implementation to better understand how
these changes are reflected in the downtown.
Community Development Manager Butler clarifies the Planning Manager makes the
determination of ‘significance’ and that the determination is made on a case-by-case
basis depending on the particular situation. He provides an example of window
replacement on a historic building can be significant, whereas repair and maintenance
on other non-historic structures would not be identified as ‘significant’.
Commissioner Steve Ashford asked what the differences between the historic district
and the historic buildings that are registered.
Development Center Manager Butler stated the current City Code does not clearly
distinguish the city’s process between structures located in the historic district and
structures that are registered as historic buildings. He indicated that there may be
instances where historic structures outside of the district are not captures by the current
Code requirements,that if the planning commission would like to extend the policy to the
registered building that is located outside the district they can.
Vice Chair Paul Kloecker stated the criteria forms a good basis on decision making and
is content with it.
Motion on item III.B.
Motion: to recommend City Council approve Z 15-17 with language modifications as
discussed.
Moved by Commissioner Richard Gullen, seconded by Commissioner Tom Fischer.
Vote: Motion carried 6-0.
DRAFT
Yes: Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner Richard
Gullen; Vice Chair Paul Kloecker; Commissioner Kai Lai; Chair Sue Rodriguez
Absent: Commissioner Elizabeth Sanford
IV. ADJOURNMENT to next meeting
Adjourned to next special meeting on February 18, 2016 at 6:30pm (08:23 PM)
Christina Villarreal, Office Assistant