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06/02/2016 Planning Commission Regular Meeting Adopted 08/04/2016DRAFT Planning Commission Regular Meeting JUNE 02, 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 Zinnia Navarro reported the agenda was posted on Thursday, May 26, 2016 at 4:28 p.m. Roll Call Present: Commissioner Richard Gullen; Commissioner Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai; Chair Sue Rodriguez; Commissioner Steve Ashford Absent/Excused: Commissioner Rebeca Armendariz Staff Present: Zinnia Navarro, Office Assistant; Assistant City Attorney Jolie Houston; Interim Planning Manager Tolentino; Valerie Negrete, Planner I; Melissa Durkin, Planner II; Henry Servin, Traffic Engineer III. APPROVAL OF MINUTES A. April 7 , 2016 Motion on item III.A. Motion: to approve minutes of April 7, 2016 Moved by Commissioner Tom Fischer, seconded by Commissioner Steve Ashford. Vote: Motion carried 6-0. Yes: Commissioner Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai; Chair Sue Rodriguez; Commissioner Steve Ashford; Commissioner Richard Gullen Abstain: None Absent: Commissioner Rebeca Armendariz IV. PRESENTATION BY MEMBERS OF THE PUBLIC V. PUBLIC HEARINGS A. CUP 15-03 (conditional use permit) requests approval to operate an DRAFT agricultural plastic recycling facility located at 300 Obata Court (APN 841-79- 006). The recycling facility will be developed in two phases, with the first phase including outdoor washing and cutting of agricultural plastic; this phase will also include the outdoor storage of plastic source material and washed, cut plastic in containers, all with a maximum height of 15 feet. The second phase will include development of an office building and separate manufacturing building where the agricultural plastic will be washed, cut, melted, and formed into pellets. With the second phase, the manufacturing process will be located completely indoors. Outdoor storage up to 15 feet in height will continue in the second phase, including plastic source material and processed plastic pellets in containers. The proposed project is exempt from environmental review under Section 15332 of the State CEQA Guidelines. Application filed by Zhongmin Feng Planner II Durkin presented the staff report. Commissioner Gullen asked if the recycled rolls are reusable. Planner Durkin stated the rolls can only be used for one crop season then they reach the end of their life span. Commissioner Lai and Chair Rodriguez stated concerns in regards to toxic components. Planner Durkin stated that the Applicant would go through Bay Area and Quality Managements process for a Permit and if there is any odor or toxic substances it would go through a process by Back Med. Gullen asked if the two permits required through Back Med and Santa Clara Valley Water District should they be part of the conditions of approval in the Resolutions. Planner Durkin stated no, the city normally would apply conditions that are not part of a code and the two permits required are already part of state regulations. Project coordinator Jie Oiao states after viewing regulations check list; there are three regulations they can apply for exemptions. Commissioner Kloecker asked if the applicant is familiar with the Milpitas recycling plant. Project Coordinator Oiao stated she has not visited the Milpitas Recycling plant but has visited the Milpitas Recycle land fields and gives a brief statement of her finding there and in Salinas. Commissioner Lai stated concerns with agriculture plastic recycling due to pesticides, herbicide, insecticide, fertilizer and other chemicals used by farmers. Project Coordinator Oiao stated they do water quality testing before recycling. DRAFT Chair Rodriguez opened the public hearing for public comments, and seeing no comments, closed the public hearing. Disclosure of Ex-Parte Communications: None Motion on item V.A. Motion: to adopt a resolution to approve CUP 15-03 with the company findings that is required. Moved by Vice Chair Paul Kloecker, seconded by Commissioner Richard Gullen. Vote: Motion carried 6-0. Yes: Commissioner Steve Ashford; Commissioner Richard Gullen; Commissioner Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai; Chair Sue Rodriguez Abstain: None Absent: Commissioner Rebeca Armendariz B. Z 15-09 (zone change) and TM 13-03 (tentative map) request approval of the Kroeger subdivision within the Eagle Ridge development. Z 15-09 proposes to rezone this property from RH (Residential Hillside) to RH/PD (Residential Hillside/Planned Development) and to incorporate it into the Eagle Ridge planned development, which will allow this property to develop to standards specific to the Eagle Ridge subdivision. TM 13-03 proposes a subdivision of approximately 2.67 gross acres (APNs 810-42-001 and 810-72-036) to create six single-family residential lots, three open space parcels, and a private street (Adare Court). The private street is consistent with city of Gilroy street standards. The lot sizes range from 7,900+/- square feet to 11,050+/- square feet. The subject property is located southwest of Santa Teresa Boulevard, south of the Ballybunion Drive/Santa Teresa Boulevard intersection. A mitigated negative declaration (MND #16-01) has been prepared and will be considered along with the proposed project. Application filed by Tim Filice representing Glen Loma Group Planner II Durkin presented the staff report. Commissioner Fisher asked if any of the three oak trees will be removed. Planner Durkin stated one oak tree that is nearest to the street will be removed. Applicant Augie Dent representing the owners of the property gave a brief statement. Chair Rodriguez opened the public hearing for public comments, and seeing no comments, closed the public hearing. Disclosure of Ex-Parte Communications: None DRAFT Motion on item V.B. Motion: to recommend that the City Council adopt the mitigated negative declaration and mitigation monitoring and reporting plan, based on findings required by the California Environmental Quality Act (CEQA) Moved by Vice Chair Paul Kloecker, seconded by Commissioner Kai Lai. Vote: Motion carried 6-0. Yes: Commissioner Steve Ashford; Commissioner Richard Gullen; Commissioner Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai; Chair Sue Rodriguez Abstain: None Absent: Commissioner Rebeca Armendariz Motion on item V.B. Motion: to adopt a resolution recommending the City Council approve Z 15-09. Moved by Vice Chair Paul Kloecker, seconded by Commissioner Tom Fischer. Vote: Motion carried 6-0. Yes: Commissioner Richard Gullen; Commissioner Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai; Chair Sue Rodriguez; Commissioner Steve Ashford Abstain: None Absent: Commissioner Rebeca Armendariz Motion on item V.B. Motion: to adopt a resolution recommending the City Council approve TM 13-03 Moved by Vice Chair Paul Kloecker, seconded by Commissioner Tom Fischer. Vote: Motion carried 6-0. Yes: Commissioner Richard Gullen; Commissioner Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai; Chair Sue Rodriguez; Commissioner Steve Ashford Abstain: None Absent: Commissioner Rebeca Armendariz C. Z 16-03 Planning Commission will consider making recommendations to modify City Code Chapter 30 "Gilroy Zoning Ordinance" Sections 30.31.25 (b), 30.31.60 (e) and 30.31.30, pertaining to off-street parking requirements and the Downtown "Office" off-street parking category. The proposal is exempt from environmental review. Planner I Negrete presented the staff report. Chair Rodriguez stated concern with cobble stone being used for parking pavement as this would be an issue wheel chair users. DRAFT Traffic Engineer Servin stated cobble stone is a possible material but for practical purposes if it’s not a flat stone city will not use it. Commissioner Ashford asked if the surfaces can be crushed rock or granite. Traffic Engineer Servin stated no. Commissioner Gullen asked what business came up where the parking became an issue. Planner Negrete stated two recent applicants utilized shared parking. Commissioner Tom Fischer asked the cost for a Conditional Use Permit. Planner Negrete stated the Conditional Use Permit is approximately $5,000.00. Chair Rodriguez opened the public hearing for public comments, and seeing no comments, closed the public hearing. Disclosure of Ex-Parte Communications: None Motion on item V.C. Motion: to recommend City Council approve Z 16-03. Moved by Commissioner Tom Fischer, seconded by Vice Chair Paul Kloecker. Vote: Motion carried 6-0. Yes: Commissioner Steve Ashford; Commissioner Richard Gullen; Commissioner Tom Fischer; Vice Chair Paul Kloecker; Commissioner Kai Lai; Chair Sue Rodriguez Abstain: None Absent: Commissioner Rebeca Armendariz VI. OLD BUSINESS: None. VII. NEW BUSINESS: None. VIII. CORRESPONDENCE: None. IX. INFORMATIONAL ITEMS: DRAFT A. Current Planning Projects B. Planning Staff Approvals X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION: Commissioner Ashford gave a brief statement regarding the Miller Red Barn. XI. ORAL REPORTS BY COMMISSION MEMBERS: A. City Council Meetings of May 2, 2016 & May 16, 2016: Commissioner Kloecker stated he attended both May 2 & 16, 2016 meetings and gave a brief summary of the meetings. B. Housing Advisory Committee: Commissioner Gullen stated that there was no meeting. C. Historic Heritage Committee: Commissioner Ashford stated he attended the meeting and gave a brief summary of the meeting. D. Arts & Culture Commission: Vice Chair Kloecker stated there was no meeting only an annual retreat. E. South County Joint Planning Advisory Committee: Commissioner Kloecker stated that there was no meeting. F. Street Naming Committee: Commissioner Kai Lai stated that there was no meeting. G. Development Standards Task Force: Commissioner Fischer stated that there was no meeting. H. General Plan Advisory Committee: Commissioner Fischer stated that there was no meeting. I. High Speed Rail Advisory Committee: DRAFT Commissioner Fischer stated that there was no meeting; however, had a community outreach meeting. XII. PLANNING DIVISION MANAGER REPORT: Interim Planning Manager, Rebecca Tolentino stated the June 11, 2016, Planning Retreat has been postponed to a later date. XIII. ASSISTANT CITY ATTORNEY REPORT: No Report XIV. PLANNING COMMISSION CHAIR REPORT: No Report XV. ADJOURNMENT to the Next Regular Meeting of July 7, 2016 at 6:30 p.m. Christina Villarreal, Office Assistant