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07/02/2015 Planning Commission Regular Meeting Adopted 09/03/2015Planning Commission Regular Meeting JULY 02, 2015 I. PLEDGE OF ALLEGIANCE Vice 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 June 26, 2015 at 1:30 p.m. Roll Call: Present: Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Paul Kloecker; Vice Chair Sue Rodriguez; Commissioner Elizabeth Sanford Absent/Excused: Chair Richard Gullen Staff Present: David Bischoff, Special Projects Planner; Melissa Durkin, Planner II; Jolie Houston, Assistant City Attorney; Zinnia Navarro, Office Assistant Community Development Department III. APPROVAL OF MINUTES A. June 4, 2015 Motion on Item III.A. Motion: to approve the minutes of June 4, 2015 Moved by Commissioner Tom Fischer; seconded by Commissioner Steve Ashford Vote: Motion carried 4-0-2-1 Yes: Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner Paul Kloecker; Commissioner Elizabeth Sanford No: None Abstain: Commissioner Kai Lai; Vice Chair Sue Rodriguez Absent: Chair Richard Gullen IV. PRESENTATION BY MEMBERS OF THE PUBLIC No comments or presentations were made. 1 V. PUBLIC HEARINGS A. AS 13-05 (Architectural and Site Review) requests approval of a twenty-seven (27) unit market -rate apartment project on the 1.95+/- acre property located at 9060 and 9070 Kern Avenue, commonly known as the Kern Avenue Apartments project (APNs 790-18-015, 016, and 017). The applicant proposes to develop five two-story buildings with a maximum height of 27+/- feet and two one-story buildings with a maximum height of 17+/- feet. The project would also include a community room, tot lot and community garden area. The developer will dedicate right-of-way along Kern Avenue and develop frontage improvements to city standards. A mitigated negative declaration was adopted for this project as part of General Plan Amendment application GPA 05-03 (city council resolution 2006-60). Application filed by PSI Development c/o Joe Burch, 2 West Santa Clara Street, San Jose, CA 95113. Planner II Durkin presented the staff report. Commissioner Sanford commented on the on -site management office. She was also concerned about privacy in regards to the upstairs walkway. Planner II Durkin stated that the design is common for apartments and it is hard to mask stairs. Vice Chair Rodriguez opened the public hearing, hearing no comments; she closed the public hearing. Motion on Item V.A. Motion: to adopt a resolution recommending the City Council to approve AS 13-05. Moved by Commissioner Elizabeth Sanford; seconded by Commissioner Tom Fischer Vote: Motion carried 6-0-0-1 Yes: Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Paul Kloecker; Vice Chair Sue Rodriguez; Commissioner Elizabeth Sanford No: None Abstain: None Absent: Chair Richard Gullen B. Z 13-08 (zone change for a PUD) requests approval of a Planned Unit Development zoning overlay to allow for private streets, private recreational amenities and setbacks that do not meet minimum standards in a R4 zoning district for the development of 205 townhouse units on a 10.15 acre site located at the southeast corner of Santa Teresa Boulevard and First Street, APN's 808-01-21, 808-01-22 and 808-01-23. TM 13-11 (tentative map) requests subdivision of the 10.15 acre site to develop 205 townhouse units contained in forty-one 3-story buildings with anew pubic street, private streets and common recreational facilities. K AS 13-35 (architectural and site review) requests approval of specific building and landscape plans for the 205-unit townhouse project. A mitigated negative declaration (MND # 2015-02) has been prepared for consideration with the proposed project. Applicant, Imwalle Properties. This item is continued from the June 4, 2015 meeting. Special Projects Planner Bischoff presented the staff report. Rita Garcia of RBF Consulting presented the initial study findings. Commissioner Sanford asked what traffic was included in the analysis of future conditions at the intersection of Third and Santa Teresa. She asked if current conditions or full build -out of the Hecker Pass Specific Plan and Glen Loma Ranch were included. Ms. Garcia stated to analysis included all projects that would be completed by the completion date of the subject project. Special Projects Planner Bischoff stated the analysis included some of the units in the Hecker Pass Specific Plan but, not all. Commissioner Fischer asked what types of traffic mitigation measure are included in this project. Ms. Garcia stated there are a total of 9 traffic mitigation measures included in the project and they are located at various intersections in the city and surrounding area. Commissioner Lai commented there are only 2 exits from the project; one on Santa Teresa and the other on First Street. He is concern that a car can only turn north onto Santa Teresa and only a right turn onto First Street. He asked about a roundabout at First Street and Santa Teresa. Special Projects Planner Bischoff commented that a roundabout at that intersection would require a 2 lane roundabout and that is currently unacceptable to Caltrans. Commissioner Kloecker commented that the analysis should include the entire build -out of the area, not just the units that would be built at the time this project would be completed. Commissioner Sanford commented on the safety aspect of the traffic on First Street. She stated at this time on First Street it goes from two lanes into one lane and that is right where the driveway will be located. Special Projects Planner Bischoff stated that First Street will be widened into 2 lanes and Santa Teresa will be widened as well. Commissioner Fischer asked Special Projects Planner Bischoff if staff has reached an 3 impasse with the applicant. He also stated that he would like to visit to Mountain View project that is similar to the one proposed for Gilroy. Special Projects Planner Bischoff stated there are some issues on which the applicant and staff do not agree. Vice Chair Rodriguez opened the public hearing. John Razumich and Don Imwalle applicants, addressed some of the issues that staff has with the project. They spoke about working with Recology for garbage pick-up; they explained a porter would be available on garbage day to place the totes back in the correct places and the air condition units would have lattice work place around the units and landscaping. They spoke about community outreach with neighbors and Councilmembers. They explained the arborist report regarding the existing trees, removing and replacing the existing trees with new trees. Commissioner Sanford asked about the size and setbacks provided in the Mountain View project. Don Imwalle explained that the Mountain View property was originally zoned industrial and they came in with a PUD with 19 units per acre. They focused on front porches and paseo and not setbacks. Commissioner Fischer asked why putting the air conditions unit on the roof was not feasible. He asked about landscaping trees for privacy with existing neighbors. John Razumich commented that placing air conditioning units on the roofs structurally would not work with the roof line of the project. He stated a roof well would not allow for air flow and movement that allows the air conditioner to run efficiently. He stated that placing AC units on the ground allows for air flow and movement to run efficiently and the lattice work hides the units. Don Imwalle explained the community outreach meeting that was held with the neighbors and as a result of that meeting they added a walking path to the shopping center, adjusted windows not to look into neighbor's backyards and agreed to replace the wooden fence with a masonry or stucco wall. Commissioner Kloecker stated he is concerned with the trash totters and the bump outs at the corners. He stated he would like to visit the Mountain View project too. Don Imwalle explained that the bump outs will be cut back and a porter will be on the property on garbage day to move the totters back. Commissioner Lai explained that he wants the public street to be a private street. He is concerned with the children going to schools and the traffic. Vice Chair Rodriguez closed the public hearing. Commissioner Sanford stated James Suner called her regarding the project. Commissioner Kloecker stated he spoke with property owner Mr. Benassi. Commissioner Fischer stated he spoke with Mr. Suner. Assistant City Attorney Houston explained the different options the Commission has to approve or deny the project. She recommends the Commission continue to project to the September meeting. Commissioner Fischer stated he would like to see the applicant and staff work out the issues and come back to the Commission in September. He also stated he has a problem with the parking. Motion on Item V.B. Motion: to continue the following items Z 13-08, TM 13-11 and AS 13-35 to the September meeting. Moved by Commissioner Tom Fischer; seconded by Commissioner Kai Lai Vote: Motion carried 6-0-0-1 Yes: Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Paul Kloecker; Vice Chair Sue Rodriguez; Commissioner Elizabeth Sanford No: None Abstain: None Absent: Chair Richard Gullen C. CUP 14-04 (conditional use permit) this conditional use permit allows for the operation of an auto repair business located at 8385 Monterey St. (Assessor Parcel Number 790-36-032). The public hearing is being held due to the failure of the business owner to comply with the conditions of approval for the use. The Planning Commission will consider revocation of the conditional use permit as well as the possibility of modification and/or addition to the conditions of approval. The use and its revocation or modification is exempt from environmental review under Section 15301 of the State CEQA Guidelines. (CUP 14-04 conditional use permit); City of Gilroy, Applicant. This item is continued from the May 7, 2015 meeting Special Projects Planner Bischoff presented the staff report. Vice Chair Rodriguez opened the public hearing. Rolando Barroso commented he is willing to do whatever it takes to do business. He stated he only has money to run his small business and not enough to beautify the property. He stated the tank removal is a very large project and he is working with the 5 State to help fund the removal of the tanks. Commissioner Kloecker asked what is the present status of the application with the State for the tank removal and when do you expect the tanks to be removed. Mr. Barroso stated the State would work with and keep the City informed of the status of the process. Special Projects Planner Bischoff clarified that Mr. Barroso has a permit to remove the tanks from the City and the State does not need to approve it. What Mr. Barroso has requested from the State is funding to remove the tanks and that application is incomplete. Mr. Bischoff stated his understanding is that Mr. Barroso needs a tax return and other personal items for his State application to be complete. Mr. Barroso stated he understands that he needs to provide the tax return and other personal items to the State. George Mancuso of Livermore spoke on behalf of the applicant. Vice Chair Rodrigues closed the public hearing. Commissioner Kloecker asked if the business is open or closed. Mr. Barroso stated it is closed due to all the work of the tank removal. Commissioner Fischer commented that the Commission has been working on this project for 3 years and Mr. Barroso has not done any of the work the Commission has required. Commissioner Ashford asked about closing of the driveway and why has Caltrans not been involved since the beginning. Special Project Planner Bischoff explained that the applicant does need an encroachment permit from the State to close the driveways. He stated the driveways are too close to the intersection and that is why they need to be closed. Mr. Barroso stated he came to the city before escrow closed and was not told of all the work that needed to be done to the property. Commissioner Sanford stated that when the applicant came in front of the Commission back in 2012 he stated he was going to operate a gas station with light automotive repair. Then the applicant changed his mind and he decided not to run a gas station but to operate an automotive repair shop. She stated the applicant needs to get his permit from the State himself; it's not the city's responsibility. She would like to see Mr. Barroso run a successful business but there are responsibilities of a business owner and he needs to take responsibility. Motion on Item V.C. Motion: to continue item CUP 14-04 to the September meeting. Moved by Commissioner Paul Kloecker; seconded by Commissioner Steve Ashford Vote: Motion failed 2-4-0-1 Yes: Commissioner Steve Ashford; Commissioner Paul Kloecker No: Commissioner Tom Fischer; Commissioner Kai Lai; Vice Chair Sue Rodriguez; Commissioner Elizabeth Sanford Abstain: None Absent: Chair Richard Gullen Second Motion on Item V.C. Motion: to approve resolution revoking CUP 14-04. Moved by Commissioner Tom Fischer; seconded by Commissioner Elizabeth Sanford Vote: Motion carried 4-2-0-1 Yes: Commissioner Tom Fischer; Commissioner Kai Lai; Vice Chair Sue Rodriguez; Commissioner Elizabeth Sanford No: Commissioner Steve Ashford; Commissioner Paul Kloecker Abstain: None Absent: Chair Richard Gullen VI. OLD BUSINESS None VII. NEW BUSINESS None VIII. CORRESPONDENCE None IX. INFORMATIONAL ITEMS A. Current Planning Projects B. Planning Staff Approvals X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION XI. ORAL REPORTS BY COMMISSION MEMBERS: (no action) A. City Council Meetings of June 15, 2015 and July 1, 2015 7 Commissioner Sanford gave a brief summary of the June 15, 2015 meetings and Commissioner Ashford gave a brief summary of the July 1, 2015 meeting. B. Housing Advisory Committee Vice Chair Gullen was absent and no report. C. Historic Heritage Committee Commissioner Ashford gave a brief summary of the meeting. D. Arts & Culture Commission Commissioner Kloecker 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 Chair 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 Commissioner Fischer stated that there was no meeting. XII. PLANNING DIVISION MANAGER REPORT None XIII. ASSISTANT CITY ATTORNEY REPORT None XIV. PLANNING COMMISSION CHAIR REPORT None L Commissioner Ashford asked for a list of vacant land for in -fill. Special Project Planner Bischoff stated that he believes that there is a vacant land inventory list but, did not know if it only includes in -fill lots or not. XV. ADJOURNMENT at 10:13 p.m. Rl Susan Johnson, Deputy City Clerk 7:T 10