02/16/2017 Planning Commission Regular Meeting Adopted 03/16/2017DRAFT
Planning Commission
Special Meeting of
FEBRUARY 16, 2017
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
Zinnia Navarro reported the agenda was posted on Friday, February 10, 2017 at 4:33
PM.
Roll Call
Present: Commissioner Steve Ashford; Commissioner Kai Lai; Commissioner Sue
Rodriguez; Commissioner Rebecca Scheel; Chair Tom Fischer; Commissioner Casey
Estorga
Absent/Excused: Commissioner Rebeca Armendariz
Staff Present: Office Assistant I Zinnia Navarro; Assistant City Attorney Jolie Houston;
Interim Planning Manager Rebecca Tolentino; Senior Civil Engineer Maria Angeles;
Contract Planners Stuart Poulter and Teri Wissler Adam with EMC Planning Group.
III. PUBLIC HEARINGS:
A. AS 16-32 (#16080034) Architectural & Site Review requests approval for
development of an 18.2-acre residential site located at 2730 Lone Oak Court
within the West Residential Cluster of the Hecker Pass Specific Plan area. The
site will be developed with a gated community, referred to as Heartland Gardens,
to include 73 single-family residential lots (10.4 acres), private open spaces (2.3
acres of which 1.5 acres is a park), private streets (5.4 acres), and a public street
dedication along Lone Oak Lane (0.1 acres). The landscape plans also include off-
site trail and landscape improvements along the Uvas Creek trail parkway south
and west of the project totaling 3.53 acres. The residential lots vary in size from
3,500 square feet to 5,999 square feet (36 lots) and from 6,000 to 20,100 square
feet (37 lots). Development of the project will be carried out in three phases with
Phase 1 comprised of 40 lots (Lots 1-40); Phase 2 - 27 lots (Lots 41-67); and
Phase 3 - 6 lots (Lots 68-73). Adoption of the Heartland Gardens Mitigation
Monitoring and Reporting Program is also proposed.
EMC Planning Group Contract Planner Poulter presented the staff report on the
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Heartland Gardens AS 16-32 proposal to develop an 18.2-acre residential site (south of
Hecker Pass Highway along Lone Oak Lane) located at 2730 Lone Oak Court within the
West Residential Cluster of the Hecker Pass Specific Plan area. The subdivision for the
73 lots has already been approved and development will be carried out in three phases;
phase one is comprised of 40 lots which will have two access points providing adequate
circulation; Phase two has 27 lots; (Staff recommends 1.5-acre central park and Lemon
Grass Lane be constructed as part of Phase 1); and Phase 3 consists of six lots.
The off-site improvements for the Uvas Creek park and bike trail will extend from the
east along Uvas Creek leading to where it crosses Hecker Pass Highway; the applicant
will develop and landscape the trail corridor and it will be maintained by the City of
Gilroy. The landscaping along the Hecker Pass Highway trail is part of a separate
application (not part of this review).
This residential project is consistent with the Hecker Pass Specific Plan. No further
environmental review is required.
A Mitigation Monitoring program was prepared for this project. It consists of the
applicable mitigation measures in the Hecker Pass Specific Plan EIR, including those
that were modified to be consistent with the Santa Clara Valley Habitat Plan.
After careful consideration Staff supports a recommendation of approval with conditions
for AS 16-32.
Contract Planner Poulter stated the developer recommended modifications to conditions
as shown in the memorandum provided to the Planning Commissioners, and Staff
agrees with the modifications.
Commissioner Fischer wanted clarification on “tract acceptance” in one of the
conditions. Senior Civil Engineer Angeles stated it is the City’s acceptance of the
project’s completion of onsite and offsite improvements.
Commissioner Fischer also wanted further clarification on the Attachment C as it
pertains to the Mitigation Monitoring and Reporting Program (MMRP) specifically Step
#3, Mitigations #18 and #19 on pages 7 and 8.
Contract Planner Wissler Adam stated the mitigation measures were included in the
specific plan EIR that was prepared over 10 years ago. Staff has made some
exceptions to the number of units that can be developed prior to certain improvements
being implemented on Hecker Pass Highway, two of them being part of a Specific Plan
Amendment, which is being processed separately. The Specific Plan Amendment
includes removal of those two mitigation measures that have been supported by Hecker
Pass property owners, City Staff and CalTrans. It’s currently going through the
environmental review process. A traffic analysis has been conducted showing those
improvements are no longer necessary to have acceptable level of service for traffic
conditions. The addition of the class 1 bike path is also included, mitigating some of the
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impacts. But until they are removed from the EIR, the mitigation measures need to be
included in the project pursuant to the Specific Plan.
Commissioner Fischer inquired about the scheduled completion date for the
roundabout.
Contract Planner Wissler Adam stated that the project was currently undergoing
environmental review. They are hoping to have an environment report out in the spring.
The roundabout cannot be completed until the environmental report is completed.
Commissioner Lai voiced his concern about school impact and safety of the children.
Contract Planner Poulter corresponded with Alvaro Mesa from the Gilroy Unified School
District (GUSD), who provided a list of schools where children from the development
would likely attend.
Interim Planning Manager Tolentino stated as part of the initial plan review process,
GUSD was routed a set of plans for their review and comments. For this particular
project, the school district had no comments.
Jess Salmon with Meritage Homes thanked the Planning Commissioners and City Staff.
He stated Meritage is committed to work on the infrastructure which is part of the
Hecker Pass Specific Plan. This site specifically has lots of green space with the Uvas
Creek and agriculture integrations. He encouraged the commissioners to go out and
visit the specific plan area. Meritage Homes has continuously worked with staff to
ensure safe travel for the residents.
Commissioner Fischer and Commissioner Ashford stated their concerns about the
current and future traffic and asked for the expected completion date for the roundabout
and construction of the homes.
Jess Salmon from Meritage Homes stated the environmental document for the
roundabout should be completed around July of 2017.
During March/April, the material will be delivered to the site for grading and
infrastructure. Home building will begin in July 2017.
Assistant City Attorney Houston asked for clarification as it pertains to the tract
acceptance; why was it changed from prior to occupancy [referring to modified
Condition #8]. Assistant City Attorney Houston expressed concern with the subdivision
being occupied and the paving of the road, landscaping and improvements not
completed.
Jess Salmon from Meritage Homes stated that conditions regarding tract acceptance is
typically not standard in Architecture and Site applications, as it’s part of Tentative Map
conditions. Majority of the project may be completed, but Public Works creates a punch
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list and it may take extra time. To not put pressure on the city or developer, they like to
ensure they are fulfilling those obligations. He reiterated that the sidewalk, streets and
gutters will be in place with majority of the landscaping completed.
Residents Bette Thomas and Lori Parshall voiced their concern about drainage issues
and flooding.
Jerry (public member) stated it’s important that infrastructure be in place prior to building
homes and referenced the future 10th Street bridge in Glen Loma Ranch as an example
of infrastructure not completed before the homes are constructed.
Jesse Salmon from Meritage Homes addressed their concerns about flooding. He
stated Meritage Homes uses best management practices to include catch basins and
sand bags to direct the flow of the water. Although the flooding was not created by
Meritage Homes, they are doing their best to mitigate the issue. Meritage Homes is
waiting for CalTrans Encroachment Permit to help with the drainage on the north side.
Once the homes are built, there will be additional infrastructure and drainage.
Contract Planner Wissler Adam added additional information regarding traffic. The
buildout of the Hecker Pass Specific Plan was evaluated comprehensively from a traffic
and transportation standpoint when the Hecker Pass Specific Plan EIR was prepared
about 10 years ago; it identified all of the improvements necessary in order for the
streets to work. The specific plan includes a standard intersection on Hecker Pass
Highway. The roundabout is proposed to replace that planned standard intersection.
Although an additional traffic analysis can be conducted, nothing has changed to the
point where an additional analysis should be necessary.
Commissioner Lai would like an update on the traffic analysis since a lot has occurred
within the last 10 years.
Commissioner Fischer reiterated his concern about the traffic circulation. Would like to
see a secondary access out to Hecker Pass.
Assistant City Attorney Houston reminded the Planning Commissioners that this item is
an Architecture and Site item not a Tentative Map. The Tentative Map has been
approved showing the infrastructure and street development; therefore, they are unable
to condition this Architecture and Site application with Tentative Map conditions.
Interim Planning Manager Tolentino stated in addition to the map conditions, the
Property Improvement Agreement and development agreement outline the expectations
of this project.
Commissioner Fischer asked if there is any action the commissioners can take to help
the traffic condition.
Assistant City Attorney Houston stated, no, not at this time.
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Interim Planning Manager Tolentino asked Assistant City Attorney Houston if they can
add a condition, subject to review when taken to City Council.
Assistant City Attorney Houston reviewed the documents to see where a condition could
be placed as this is an Architecture and Site application having to do with architecture
and landscaping and not with traffic or streets.
Commissioner Fischer would like to add a condition to the project that reads “no building
permits will be issued, until improvements on Hecker Pass are completed, to include the
roundabout”.
Assistant City Attorney Houston stated the Planning Commissioners can send their
concern to the City Council as it pertains to the traffic and roundabout.
Commissioner Fischer stated he would like this item highlighted in the staff report to the
City Council.
Motion on item III. A.
Motion to adopt a resolution recommending the City Council adopt the Heartland
Gardens Mitigation Monitoring and Reporting Program.
Moved by Commissioner Steve Ashford, seconded by Commissioner Sue Rodriguez.
Vote: Motion carried 6-0.
Yes: Commissioner Steve Ashford; Commissioner Kai Lai; Commissioner Sue
Rodriguez; Commissioner Rebecca Scheel; Chair Tom Fischer; Commissioner Casey
Estorga
Abstain: None
Absent: Vice Chair Rebeca Armendariz
Motion to adopt a resolution recommending the City Council approve AS 16-32
including the changes to certain conditions of approval as outlined in the memorandum
and all of the staff recommendations including phasing.
Moved by Commissioner Sue Rodriguez, seconded by Commissioner Steve Ashford.
Vote: Motion carried 6-0.
Yes: Commissioner Steve Ashford; Commissioner Kai Lai; Commissioner Sue
Rodriguez; Commissioner Rebecca Scheel; Chair Tom Fischer; Commissioner Casey
Estorga
Abstain: None
Absent: Vice Chair Rebeca Armendariz
IV. NEW BUSINESS: None.
V. ADJOURNMENT to the Next Special Meeting of March 16, 2017 at 6:30 p.m.
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Zinnia Navarro, Office Assistant