02/18/2016 Planning Commission Regular Meeting Adopted 04/07/2016Planning Commission
Special Meeting
FEBRUARY 18, 2016
I. PLEDGE OF ALLEGIANCE
Vice Chair Kloecker 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 on Friday, February 12, 2016 at 5:30
P.M.
Roll Call:
Present: Commissioner Rebeca Armendariz; Commissioner Steve Ashford;
Commissioner Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai; Assistant
City Attorney Jolie Houston; Interim Planning Manager Tolentino
Absent/Excused: Commissioner Richard Gullen; Chair Sue Rodriguez
Staff Present:
Kelsey Heyd, Planning Technician; Valerie Negrete, Planner I; Maria Angeles, Senior
Civil Engineer; Henry Servin, City Transportation Engineer; Stuart Poulter, EMC
Contract Planner; Kristi Abrams, Community Development Director; Rebecca Tolentino,
Interim Planning Manager; Sue O'Strander, Interim Development Center Manager; Jolie
Houston, Assistant City Attorney; David Bischoff, Special Projects Planner
III. APPROVAL OF MINUTES:
A. January 7, 2016
Motion on item III.A.
Motion: to approve minutes of January 7, 2016
Moved by Commissioner Tom Fischer, seconded by Commissioner Steve Ashford.
Vote: Motion carried 5-0.
Yes: Commissioner Rebeca Armendariz; Commissioner Steve Ashford; Commissioner
Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai
Absent: Commissioner Richard Gullen; Chair Sue Rodriguez
Commissioner Richard Gullen joined the meeting at 06:32 p.m.
B. January 21, 2016
Motion on item III.B.
Motion: to approve minutes of January 21, 2016
Moved by Commissioner Tom Fischer, seconded by Commissioner Steve Ashford.
Vote: Motion carried 6-0.
Yes: Commissioner Rebeca Armendariz; Commissioner Steve Ashford; Commissioner
Richard Gullen; Commissioner Tom Fischer; Commissioner Kai Lai; Vice Chair Kloecker
Absent: Chair Sue Rodriguez
IV. PUBLIC HEARINGS:
A. AS 14-41 (Architectural and Site Review) requests the construction of a four-
story, 75-unit senior apartment complex with outdoor pool, shared covered patio
area, community garden, bicycle racks, and fenced dog park. The 1.56-acre site is
located on the east side of Monterey Road across from Ervin Court in the
Gateway District of the Downtown Specific Plan area. Eighty nine percent (or 67
units) will be rented to low income households and eleven percent (or 8 units)
very low income households. The units will be age-restricted 62 years or older
and include a mix of 60, one-bedroom units at 500 square feet and 15, two-
bedroom units at 750 square feet. The project proposes a 35% density bonus
above the Gateway District density standards to allow for the 75 units. As part of
the density bonus request two concessions are proposed: 1) a reduction in
perimeter landscaping width from 5 feet to 3-4 feet; and 2) an increase in building
height from 40 feet to 50 feet. In addition, all parking stalls will be uncovered as
allowed by state density bonus law provisions. A prior mitigated negative
declaration was prepared for the Downtown Specific Plan and this project was
found to be consistent with the plan therefore no further environmental review is
needed. Application was filed by AMG & Associates c/o Gene Boussard.
Interim Development Center Manager O’Strander, introduces Rebecca Tolentino to the
Planning Commission as the new Interim Planning Manager. O’Strander also introduced
item AS 14-41 stating typically the Planning Commission would not see an Architectural
and Site Review application; however, this application includes a density bonus which is
requesting exceptions to the underlying zoning standards which must be considered by
the Planning Commission.
Planner Negrete presented the staff report.
Commissioners Ashford, Lai, Fischer, and Armendariz stated concerns with the
walkability from the project site to nearby services and shopping.
City Transportation Engineer Servin stated all weather pathways such as those made
from asphalt may be used to satisfy this need. City’s requirement as of 11/5/2014 is to
make sure new properties have access to existing area of services such as schools,
medical/dental offices, shopping centers, etc. and a condition could be placed to have
the applicant survey the area to see where there are gaps and narrow streets to create
safe walkability. Servin stated the city recommends an all-weather walking path starting
north of the facility towards 10th Street as that is the first opportunity for a transit stop
and access to shopping centers and banks.
Vice Chair Kloecker stated concerns with the one elevator.
Applicant Alexis Gevorgian stated the project is in full compliance with city and federal
regulations and his other properties have not had issues with regard to one elevator.
He also noted concerns with some of the conditions of approval. With regard to the all-
weather path he feels this would give a false sense of safe travel and would subject
them to liability concerns. Gevorgian also feels it would not be equitable or fair to make
one developer pay for the improvements but would be happy to contribute towards a
fund to fix the pavement.
Interim Development Center Manager O’Strander stated the Technical Advisory
Committee/Fire Marshal has reviewed the plans and stated that the elevator would meet
code. She also stated the plans would meet noise level for passing trains.
Vice Chair Kloecker opened the public meeting for public comments.
Connie Rogers expressed concern with residential at this location due to high speed
traffic, poor walkability, and proximity to the railroad tracks.
Lupe Arellano asked to confirm age of seniors and indicated she is not in favor of the
location for senior housing due to the traffic speed limit, setbacks, and need for more
than one elevator.
Community Development Director Abrams confirmed the age for the senior housing
development is 55+ years.
Commissioner Gullen stated everyone made good points and is in favor of the project.
Commissioner Fischer stated his concerns with the walkability and location. He is in
support of the project with inclusion of the condition for awnings and a full sidewalk to
10th Street.
Commissioner Armendariz stated concerns with the walkability for seniors.
Vice Chair Kloecker indicated he is not in favor of the location and stated concerns with
the walkability.
Motion on item IV.A.
Motion: to adopt a resolution to approve AS 14-41 with added conditions of approval as
discussed including the addition of awnings on the Monterey side of the project and a
full concrete sidewalk to 10th Street.
Moved by Commissioner Tom Fischer, seconded by Commissioner Richard Gullen.
Assistant City Attorney Houston advised the Planning Commission that in order for the
Commission to require a full sidewalk there needed to be a nexus and suggested
language to include in a condition. Assistant City Attorney Houston also cautioned that
this project is an affordable housing project and pursuant to state law a denial would
need special findings.
Commissioner Fischer asked if the asphalt pathway and street would be connected.
City Transportation Engineer Servin stated where there are narrow shoulders they
would have to get the property owners’ permission to allow the asphalt pathway.
Commissioner Fischer is not comfortable with the pathway being connected to the street
and withdrawals his motion.
Motion on item IV.A.
Motion: to adopt a resolution to deny AS 14-41
Moved by Commissioner Tom Fischer, seconded by Vice Chair Paul Kloecker.
Vote: Motion carried 5-1.
Yes: Commissioner Rebeca Armendariz; Commissioner Steve Ashford; Commissioner
Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai
No: Commissioner Richard Gullen
Absent: Chair Sue Rodriguez
Vice Chair Kloecker welcomes new Planning Commissioner Rebecca Armendariz.
B. GPA 15-01 (general plan amendment), Z 15-07 (zone change), Z 15-06 (planned
unit development), TM 15-03 (vesting tentative map), and AS 15-24 (architectural
and site review) are requested for development of the vacant 10.12-acre property
located at 8450 Wren Avenue (site of the former Las Animas Elementary School,
APN 790-25-031). The subdivision proposes 70 single-family residential lots, 1.2
acres of private open space, and 2.71 acres of private streets and private drives.
As part of the planned unit development application, the lots will vary in size from
3,200 square feet to 8,100 square feet, and reduced setbacks are requested to
accommodate the two-story homes (ranging in size from 2,400 to 2,750 square
feet of floor area). Reduced setbacks are proposed to be 10’ front (instead of 26’),
4’ side (instead of 12’), 7’ internal street side and 16’ public street side (instead of
21’), and 10’ rear and 4’ rear to rear patio cover (instead of 15’ and 10’
respectively). Amenities for the planned unit development would include offsite
bike lane striping, and extensive onsite landscaping and open space areas for
residents including a central communal area with play and picnic areas (totaling
approximately 163,790 square feet of area). A zone change is necessary, from PF
(public facility) to R1 (single-family residential) land use, along with a
corresponding general plan amendment, from medium-density to low-density
development. The proposed project is subject to a Mitigated Negative Declaration
adopted in 2006 for a previously-proposed project at this location, and an
Addendum will also be considered. Application filed by CalAtlantic Homes.
Commissioner Ashford recused himself as he owns property within 500 feet of the
project.
EMC Contract Planner Poulter presented the report.
Assistant City Attorney Houston, stated the city’s Open Government Ordinance (OGO)
requires Planning Commission to make a motion to accept the new information
presented in the memorandum prepared by staff.
Motion to accept memo dated February 18, 2016 pertaining to revised condition
language.
Motion: Approve Motion to accept memorandum as prepared by staff
Moved by Commissioner Richard Gullen, seconded by Commissioner Tom Fischer.
Vote: Motion carried 5-0.
Yes: Commissioner Rebeca Armendariz; Commissioner Richard Gullen; Commissioner
Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai
Recused: Commissioner Steve Ashford
Absent: Chair Sue Rodriguez
Commissioner Gullen asked about some clarifications presented in the staff report and
asked if there were any other amenities proposed.
City Transportation Engineer Servin stated in addition to the onsite open space area
and provision of public art, staff considers the neighborhood traffic calming
improvements to the Wayland Lane and Welburn Avenue intersection as additional
offsite amenities.
Commissioners Lai and Kloecker stated their concern with traffic and emergency
evacuation due to the one entry/exit.
City Transportation Engineer Servin stated the design would accommodate traffic
safety.
Applicant Kerri Watt introduced Gilroy Unified School District Representative Alvaro
Mesa and School Trustee, James Pace, as part of the applicant team.
Applicant Kerri Watt presented their proposed project.
Commissioner Gullen asked for additional clarification regarding the encroachment
issue as presented by the Applicant along the eastern boundary, pertaining to 12 lots
facing Wayland Street.
Applicant Watt stated the School Board will consider deeding some property (less than
12 inches) for 9 of the 12 lots, as determined by the existing fence line. If the School
Board agrees to this dedication, the Applicant will pay for the necessary lot line
adjustments, which are not part of this proposal.
Vice Chair Kloecker asked if home owners would be able to plant vines that crawl up the
new fence (for the Wayland properties) even if the fence does not belong to them.
Applicant Watt stated the plants would not be a problem. She also adds the new houses
will be separated by 9 feet between the homes, and windows will be offset so that they
are not looking directly into adjacent homes.
Commissioner Lai asked if the County Assessor’s Office would increase the
homeowner’s property taxes for the additional inches deeded to the homeowners.
Applicant Watt stated she is not sure if there will be a change to the property taxes.
Commissioner Armendariz asked if all the homes will be 4 bedrooms and what the
expected impact will be and which schools the children will be going to.
Applicant Watt confirms the homes will all be 4 bedrooms and turns the response over
to Gilroy Unified School District Representative Alvaro Mesa
Gilroy Unified School District Representative Mesa stated they projected that every two
homes will yield one student for the Gilroy Unified School District and the students
would attend Rod Kelly Elementary, South Valley Middle School and Christopher High
School.
Community Development Director Abrams provides additional clarification on the good
neighbor fencing with the Wayland properties. These homeowners would be able to
utilize their property up to the fence, including such things as landscaping trellises, but
when it comes times to repair the fence the two owners will have to work together.
Vice Chair Kloecker opened the public meeting for public comments.
David Almeida stated he is a downtown resident and has a couple of issues with the
development in regards to the reduction in density and is not in favor of the project.
Steve Ashford, speaking as a private citizen, stated he is in favor of the project but
wants to make sure the trees do not cast shadows over existing homes.
Gary B. sated the developer and school have done a great job with outreaching to the
neighbors regarding the fencing and setbacks but feels there’s not a lot of room for
children to play so they are playing in the streets. This needs to be addressed by the
city when there are small setbacks for backyards.
Commissioner Gullen asked if there was a dispute or case between homeowners
regarding a tree casting over a solar panel.
Assistant City Attorney stated yes and there are new statutes protecting the solar panel
owners. In that specific case, it was stated the courts favored who was there first.
For ex parte disclosures, Commissioners Fischer and Lai and Vice Chair Kloecker
stated they each met with the applicant and discussed the project.
Commissioner Armendariz stated she had a brief conversation with one of the property
owners.
Commissioner Fischer commended the applicant’s approach and outreach to the
neighbors as the neighbors are usually the most impacted.
Motion on IV.B.a.
Motion: Approve Motion to recommend that the City Council adopt the addendum to the
mitigated negative declaration prepared for the project, based on the findings required
by the California Environmental Quality Act (CEQA).
Moved by Commissioner Richard Gullen, seconded by Commissioner Tom Fischer.
Vote: Motion carried 5-0.
Yes: Commissioner Rebeca Armendariz; Commissioner Richard Gullen; Commissioner
Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai
Recused: Commissioner Steve Ashford
Absent: Chair Sue Rodriguez
Motion on IV.B.b.
Motion: to adopt a resolution recommending the City Council approve GPA 15-01
Moved by Commissioner Tom Fischer, seconded by Commissioner Richard Gullen.
Vote: Motion carried 5-0.
Yes: Commissioner Rebeca Armendariz; Commissioner Richard Gullen; Commissioner
Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai
Recused: Commissioner Steve Ashford
Absent: Chair Sue Rodriguez
Motion on IV.B.c.
Motion: Approve Motion to adopt a resolution recommending the City Council approve Z
15-07
Moved by Commissioner Tom Fischer, seconded by Commissioner Kai Lai.
Vote: Motion carried 5-0.
Yes: Commissioner Rebeca Armendariz; Commissioner Richard Gullen; Commissioner
Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai
Recused: Commissioner Steve Ashford
Absent: Chair Sue Rodriguez
Motion on IV.B.d.
Motion: Approve Motion to adopt a resolution recommending the City Council approve Z
15-06 as modified
Moved by Commissioner Richard Gullen, seconded by Commissioner Kai Lai.
Vote: Motion carried 5-0.
Yes: Commissioner Rebeca Armendariz; Commissioner Richard Gullen; Commissioner
Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai
Recused: Commissioner Steve Ashford
Absent: Chair Sue Rodriguez
Motion on IV.B.e.
Motion: Approve Motion to adopt a resolution recommending the City Council approve
TM 15-03 as modified
Moved by Commissioner Tom Fischer, seconded by Commissioner Kai Lai.
Vote: Motion carried 5-0.
Yes: Commissioner Rebeca Armendariz; Commissioner Richard Gullen; Commissioner
Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai
Recused: Commissioner Steve Ashford
Absent: Chair Sue Rodriguez
Motion on IV.B.f.
Motion: Approve Motion to adopt a resolution recommending the City Council approve
AS 15-24 as modified
Moved by Commissioner Tom Fischer, seconded by Commissioner Richard Gullen.
Vote: Motion carried 5-0.
Yes: Commissioner Rebeca Armendariz; Commissioner Richard Gullen; Commissioner
Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai
Recused: Commissioner Steve Ashford
Absent: Chair Sue Rodriguez
V. NEW BUSINESS:
A. Review of High Speed Rail Downtown Gilroy Station Area Plan Draft Alternative
Land Use and Circulation Scenarios
Commissioners Ashford and Lai recused themselves as they have property within 500
feet of the project.
Special Projects Planner, David Bischoff presented the staff report.
Commissioner Armendariz asked what kind of outreach was done for the residents
located east of the tracks.
Special Projects Planner Bischoff stated a community meeting was held in November to
receive input on the project. To advertise the meeting, brochures were distributed
downtown, at the library, and at City Hall. Additionally, the meeting was announced on
the city’s TV channel, website, and at the Planning Commission and City Council
meetings. Special Projects Planner Bischoff stated the city has been fortunate enough
to receive an offer of assistance from the Environmental Protection Agency to improve
the city’s outreach to the downtown Hispanic community. A firm has been selected to
conduct the outreach with a budget of $40,000.00. The outreach project is scheduled
to begin in the next few weeks.
Commissioner Armendariz asked if other groups or individuals were involved in
development of those methods or is it just city staff and EPA.
Special Projects Planner Bischoff stated at this point it was just city staff and the EPA
consultant but they are always open to other ideas to better reach out.
Commissioner Armendariz stated with the Visioning process a few years ago, the
community group that she was involved with went door to door with bilingual people to
interpret all the documents to get the residents involved. Armendariz said using social
media and local community groups was also helpful.
Special Projects Planner Bischoff stated community workshop brochures were written
both in English and Spanish, and a Spanish interpreter was available at the workshop.
Commissioner Armendariz asked if there are plans to replace the rental units on
Swanston Lane and Railroad Street.
Special Projects Planner Bischoff stated the impact on existing affordable housing will
be evaluated by the consultant over the next few months.
Vice Chair Kloecker asked if the High Speed Rail Authority decides to locate the station
east of the Outlets would the City have to start the process over.
Special Projects Planner Bischoff stated there are some aspects of the proposed
changes to the Downtown Specific Plan that are independent of the station location so
not all would be lost. However a significant portion of the project would not be
implemented if the station is located east of the Outlets.
Vice Chair Kloecker opened the public meeting for public comments.
David Almeida expressed concerns with the modified at-grade alignment and wondered
if the pictures posted in the lobby are correct.
Steve Ashford, speaking as a private citizen, stated he wants to make sure that
improvements to downtown are not slowed whether the high speed rail comes through
or not. If homes are in the way of the high speed rail he would like to see those homes
moved and not torn down. He would also like to see long-term parking be provided
between the freeway and downtown to eliminate traffic on Monterey Street.
Commissioner Fischer stated he agrees with everything Special Projects Planner
Bischoff and Mr. Ashford had to say. When he reviewed this report there were three
things that he was uncertain about supporting; one being the aerial alignment as it will
not “fit” downtown; second, he would like to see the cross streets remain open; in fact
he would be in favor of additional street crossings; and third, he would like to see the Art
Center remain where it is as its location could draw more people downtown.
Commissioner Armendariz stated she agrees with Commissioners Fischer and Ashford
in keeping the Art Center where it is as it would be a good place for people waiting for
trains to view the art gallery. She also feels we need to improve those areas east of the
rail line that would be separated from the rest of downtown, should the modified at-
grade alignment be selected. Commissioner Armendariz also liked what Special
Projects Planner Bischoff stated in creating pedestrian malls with gourmet alley and the
areas parallel with the high speed track.
Vice Chair Kloecker stated he is concerned with the community outreach and aerial
alignment but is in favor of the high speed rail.
Motion on item V.A.
Motion: Approve Motion to accept report and recommend to City Council that the
Planning Commission has not identified aspects of the scenarios that are unacceptable
at this time
Moved by Commissioner Richard Gullen, seconded by Commissioner Tom Fischer.
Vote: Motion carried 4-0.
Yes: Commissioner Rebeca Armendariz; Commissioner Richard Gullen; Commissioner
Tom Fischer; Vice Chair Paul Kloecker
Recused: Commissioner Steve Ashford; Commissioner Kai Lai
Absent: Chair Sue Rodriguez
Commissioners Ashford and Lai, join the Planning Commission
VI. INFORMATIONAL ITEMS:
A. Current Planning Projects
B. Planning Staff Approvals
C. Planning Commission Task Force/Board Assignments
Interim Planning Manager Tolentino presented the oral report.
Commissioner Fisher stated he is on the General Plan Advisory Committee and will
continue as they are not completed.
D. Planning Commission Members covering City Council Meetings
Interim Planning Manager Tolentino presented the oral report.
Commissioner Armendariz will attend the vacant slots for March and September.
VII. ADJOURNMENT
Meeting adjourned at 10:35pm (10:28 PM)
Christina Villarreal, Office Assistant