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11/19/2015 Planning Commission Regular Meeting Adopted 01/07/2016Planning Commission Special Meeting NOVEMBER 19, 2015 I. PLEDGE OF ALLEGIANCE Chair Richard Gullen opened the meeting at 6:30 p.m. and led the pledge of allegiance. II. REPORT ON POSTING THE AGENDA AND ROLL CALL Georgina Sanchez stated the agenda was posted on November 16, 2015 at 12:30 p.m. Roll Call: Present: Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Richard Gullen Staff Present: Community Development Director, Kristi Abrams; City Attorney, Andy Faber; Senior Planner, Stan Ketchum; Planning Manager, Sue Martin; Traffic Engineer, Henry Servin; Interim City Administrator, Ed Tewes; Police Chief, Denise Turner; Fire Division Chief, Colin Martin. II. ORDERS OF THE DAY A. Item VI.A. Draft Gilroy 2040 - General Plan Policy Text will be taken out of order and heard prior to public hearings. V. OLD BUSINESS A. General Plan Advisory Committee (GPAC) Draft Gilroy 2040 General Plan Policy Text recommendation to the Planning Commission and City Council, continued from the November 12, 2015 Planning Commission Meeting. Planner Ketchum presented the staff report giving brief overview recapping last week’s topics as well as explaining additional documents that he handed out at the meeting. One late staff memo from Ed Tewes needed to be accepted by a motion. Item A - GPAC Motion: to accept the late staff memo from Interim City Administrator Ed Tewes, as it has been found to be necessary to assist with discussions of the topic. Moved by Commissioner Tom Fischer, seconded by Commissioner Elizabeth Sanford. Vote: Motion carried 7-0. Yes: Commissioner Tom Fischer; Commissioner Elizabeth Sanford; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Steve Ashford; Vice Chair Sue Rodriguez; Chair Richard Gullen. Planner Ketchum continued with a brief overview of Ed Tewes’ staff memo on “Public Safety Response Times and the General Plan.” He stated the response times are the purview of the City Council and should not be in the General plan. Language was changed on this item in the General Plan that would address GPAC’s concern as well as those of the Police and Fire Chiefs. Interim City Administrator Tewes spoke briefly reiterating Planner Ketchum’s comments and also stating that the details of police response should be left to the operating plans of the police and fire departments and to the biennial budget. He introduced Police Chief Denise Turner and Fire Division Chief Colin Martin to answer questions that were raised at previous meeting. Commissioner Gullen asked could a proposed project cause the response time to be exceeded; at what point in the project development process would it be accounted for. Would it be captured in the EIR report and include an analysis in the project against the standard set in budget for response times. Administrator Tewes answered that there is an interdepartmental review of all development proposals, and if there were changes to a project service level that there would be a recommendation letter not to proceed with it. City Attorney Faber stated an EIR does review impacts to public services, and would identify what is needed to minimize a potential impact. Commissioner Fischer wanted clarification on the Committee for Green Foothills suggestions to prerequisite modifications. Commissioner Sanford asked what sources the Police Chief uses when making response time decisions if it is not the General Plan. Chief Turner responded that the Gilroy Police Department Strategic Plan and City Council sponsored staffing study in 2014, which showed budget documentation, performance and benchmark information, were used and continue to be looked at. They use a myriad of methods, such as National Best Practices, to determine staffing needs. Commissioner Paul Kloecker wanted clarification on target response times and national best practices and the relation to the City of Gilroy, that having City Council’s budget be a driving factor with response times was not ideal. Chief Turner responded that the goal is to respond to Priority E and Priority 1 calls within 5 minutes 95% of the time. However, comparing actual response times for Gilroy and other cities are different when describing Priority 1 calls. Gilroy has Priority E type calls that could be a Priority 1 when measured with other cities. Commissioner Fischer asked and received clarification from Chief Turner that her department does not refer to the General Plan for the five minute response times and that the measure was adopted in their benchmark process with the City Council budget. Commissioner Lai asked what is a reasonable response time. Chief Turner responded that 5 minutes or less for Priority E and 1 in progress calls (life safety) is reasonable. Planner Ketchum briefed commissioners on the Committee For Green Foothills memo which included staff initial response to various recommendations in the memo. Chair Gullen opened the public hearing. Carolyn Tognetti, member of GPAC, stated that GPAC wants to keep the language for response times in the General Plan, the consensus is that it’s a quality of life issue and of upmost importance. The General Plan is where the public and elected officials can easily look to and find what the established response standards are. Any budget consideration by the city should not be used to establish these standards. Connie Rogers, former planning commission and city council member, stated the General Plan policy text and timeframe for urban service area language should remain and be consistent per LAFCO and state guidelines, any change would be conflicting. Return to 5 year timeframe. Disclosure of Ex-Parte Communications: Commissioner’s Fischer, Sanford, Ashford and Kloecker met and spoke with many residents on response times. Chair Gullen added that he had received correspondence. Commission Fischer stated he supports the resident’s policy guidance document staying in the General Plan which lists the response times. Chair Gullen stated he is concerned with the word “average” and lack of distinction between the types of calls. The General Plan is a high level policy document and wording on response times is not necessary and could lead to unintended consequences. This whole issue will be captured in the EIR or staff level when project is being analyzed. Commissioner Kloecker is satisfied with the wording by the city manager, police and fire chief. States the response time has been around for 20 years and has been the desired times and does not see it changing. He would be okay with it being in the General Plan but does not feel it is necessary due to other publicized ways of getting the information out. Commissioner Fischer stated if you take the language out of the General Plan, new developments coming in being evaluated will not be looking at these response times and they should. Commissioner Kai agreed with Commissioner Fischer’s comments on response times and also felt budgets should not be used to determine those times. Commissioner Rodriguez asked if there was any way to include priority type information on response calls in the General Plan per GPAC’s request as well as the Fire and Police Chief. Commissioner Gullen and Fisher both stated to vote separately on each amendment that would be included in the final document, a motion was presented. Motion: Leave the language including the response times in the Policy Text as recommended by the GPAC. Moved by Commissioner Tom Fischer, seconded by Commissioner Steve Ashford. Vote: Motion failed 3-4. Yes: Commissioner Tom Fischer; Commissioner Steve Ashford; Vice Chair Sue Rodriguez. No: Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Richard Gullen Motion: to recommend the language as proposed by staff with the inclusion of "and aligned with National Best Practices" and have the City Council consider the language proposed by the GPAC. Moved by Commissioner Elizabeth Sanford. Vote: Motion carried 5-2. Yes: Commissioner Elizabeth Sanford; Commissioner Paul Kloecker; Commissioner Kai Lai; Vice Chair Sue Rodriguez; Chair Richard Gullen. No: Commissioner Tom Fischer; Commissioner Steve Ashford. Motion: to adopt the land use diagram refinements items 1, 2, 3 and 4. In section 4A of staff report. Moved by Chair Richard Gullen, seconded by Commissioner Paul Kloecker. Vote: Motion carried 7-0. Yes: Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Tom Fischer; Commissioner Kai Lai; Vice Chair Sue Rodriguez; Commissioner Elizabeth Sanford; Commissioner Steve Ashford. Commission Fisher states he would like to modify the prerequisite language on the Green Foothills memo which states the applicant would provide funds to the city for an analysis per Items A and B. Motion: Modify the language in LU 1.13 items 2, 3, & 4 to show the applicant will provide funds to the city for the preparation of the noted reports Moved by Commissioner Tom Fischer Vote: Motion carried 7-0 Yes: Commissioner Tom Fischer; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Commissioner Steve Ashford; Vice Chair Sue Rodriguez; Chair Richard Gullen. Motion: to accept the language set by staff for noise policy. Moved by Commissioner Tom Fisher, seconded by Commission Kloecker. Vote: Motion carried 7-0. Yes: Commissioner Tom Fischer; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Commissioner Steve Ashford; Vice Chair Sue Rodriguez; Chair Richard Gullen. Motion: to adopt a resolution recommending the City Council approve the General Plan Policy Text and revisions to the Preferred Land Use Alternative for inclusion in the Draft Gilroy 2040 General Plan subject to amendments which have been previously made. Moved by Commissioner Elizabeth Sanford, seconded by Commissioner Paul Kloecker. Vote: Motion carried 6-1. Yes: Commissioner Elizabeth Sanford; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Steve Ashford; Chair Sue Rodriguez; Chair Richard Gullen. No: Commissioner Tom Fischer V. PUBLIC HEARINGS A. USA 14-01 (Urban Service Area amendment) request to add approximately 721 acres into the city’s existing USA boundaries. The subject area would encompass land north of the city limit to Fitzgerald Avenue, east of Santa Teresa Boulevard and west of Monterey Road. The request under consideration is limited to amendment of the USA boundary, which defines the area in which the city could extend public services within the next five years. While not part of the approval request, an illustrative site development plan consistent with the 2020 General Plan Neighborhood District land use designation has been prepared for evaluation purposes only. The applicant submitted conceptual development plans for the site, consisting of 3,996 residential units, of which 1,500 are proposed as an active adult community. Residential units are proposed at the following densities: 1,358 units under 7.25 units per acre; 930 units at 7.25 to 9 units per acre; 1,176 units at 9 to 16 units per acre; and 532 units at 16 to 30 units per acre. The conceptual development plan proposes 338,000 square feet of commercial uses on about 39 acres; about 143 acres of parkland, including a community park, open space, linear parkway, and neighborhood parks; an elementary school, and a middle school site. Buena Vista Avenue would be extended through the site to connect to Day Road at Santa Teresa Boulevard. Bicycle paths would be built along West Branch Llagas Creek and Lions Creek. Off-site improvements would be required for transportation (Masten Avenue and Buena Vista Avenue), water wells (east of U.S. Highway 101), and a recycled water pipeline. Richard James of EMC Planning Group presented the staff report. Commissioner Sanford asked how the vacant land is calculated for our housing supply. Mr. James stated every parcel within the urban service area is looked at and for those that don’t have any development on them or are under developed the total number of acres is added up. Then using the number of past residential permits issued, the consumption rate of land is calculated and divided into the remaining acreage of vacant land to determine the number of years supply of residential land in the City. Commissioner Fischer asked for clarification on two areas that are not included in the proposal [referring to the southeast corner of Fitzgerald /Santa Teresa and the properties along Whiskey Hill Lane]. Mr. James stated that originally when the project was proposed just the northern areas [north of Day Road/Buena Vista Avenue] were included. The northern area alone would not pass LAFCO so the southern areas were included. Why these two parcels were not included could be better explained by the applicant’s representative. Commissioner Fischer asked for clarification on the maintenance district to pay for police and fire and would this be a property tax assessment on each piece of land sold. Mr. James clarified that the district has to be a vote of the land owners and that is typically formed for this type of proposal before the subdivision takes place; this would be an on-going property tax assessment. Commissioner Fischer asked about the water conservation measures. Mr. James stated that there are differences between the temporary measure for the drought and permanent measure that would be incorporated into this development. Commissioner Kloecker asked for clarification on the water supply requirement of 20% reduction for the whole city with 2014 as the baseline. Mr. James stated that there is not a requirement of reduction for the whole city. He clarified that the 2014 is not based on actual water use in any given year; it is based on average water use factors that are used to estimate water use. Commissioner Kloecker asked about the two separate pieces of property (USA 12-01 and USA 14-02) identified within USA 14-01. He asked if those two pieces of property are included in all the analysis of USA 14-01. Director Abrams stated that applications had been received on USA 12-01 and USA 14- 02 and were in the process. The applicants since have withdrawn their applications and have joined in with USA 14-01. Director Abrams later clarified that these applications were suspended rather than withdrawn, pending outcome of USA 14-01. With the applicants joining in with USA 14-01 this makes a complete application for LAFCO. Director Abrams confirmed the analysis covers the entire project including the two pieces. Commissioner Lai asked how many homes are there in the city. He also asked about the 1500 adult homes, what is the age and will they be gated. Mr. James stated that the active adult homes are for people 55 years and older. Director Abrams stated at this time we don’t have that information regarding if the active adult homes will be gated or not. She also stated that there are about 15,000 homes in the city. Commissioner Lai asked about Santa Teresa Blvd. between Day Road and Fitzgerald being two lanes and are there plans to make it four lanes. Traffic Engineer Servin stated in the future there will be a build out to four lanes on Santa Teresa Blvd. Chair Gullen asked why staff did not make a recommendation. Director Abrams stated this is a policy decision for the Planning Commission to make a recommendation to the Council, and the Council will make the final decision; it’s not appropriate for staff to make a recommendation. Chair Gullen stated that the application is inconsistent with policies relating to direction of growth, economical and efficient provision of services, and the preservation of agricultural land and open space. He asked can those items be mitigated through the development process in the future. Director Abrams responded that the Council controls the annexation process and controls the rate of growth and the preservation of agricultural lands. The city does have mitigation policy in place and we do have agricultural land preservation areas east of the city. The developer would have to either buy development rights or buy the land out right and put a restriction on the land as an agricultural preservation area. She stated with respect to the services of police and fire there would be a community facilities district put on the land and the home owners would be paying for those services. Commissioner Kloecker asked when are impact fees paid by the applicant. Director Abrams stated impact fees are paid when the building permit is pulled or if the applicant requests a deferral to building final. She stated impact fees are for infrastructure only. City Attorney Faber commented that if this project goes forward at some point there will be a specific plan, a development agreement, and other agreements so the phasing of the improvements for the capital facilities would be tied into the growth. Chair Gullen opened the public hearing. Skip Spiering, the applicant, spoke about the LAFCO, the vacant land inventory, and the time frame of the project. He stated this is not an overnight project; it will take many years to complete. Victor Akylas spoke in favor of the project. He stated that he owns a very small piece of this project and the project will not take place overnight but will be built out in 10 to 20 years. He hopes the Commission approves the USA for this will be better for the city. Ken Kerley spoke on behalf of the South Gilroy Neighborhood District, and indicated they submitted a letter asking for denial of the project. He stated in 2014 staff asked him to withdraw the South Gilroy Neighborhood District USA amendment application due to inconsistencies with the 2040 General Plan. He stated that it is unfair to proceed with the North Neighborhood District USA before the 2040 General Plan is adopted. William Johanson stated he opposes the project. He stated that he does not oppose growth but 4,000 homes in one area is not a good idea. He feels growth should be at a slow moderate pace. Alvaro Meza spoke on behalf of Gilroy Unified School District and growth of the city. He thanked staff for keeping the district apprised of projects coming forward and the need to house students. He stated that projects like the one before the Commission gives the district not only impact fees but the ability to properly plan for future school needs, including land to build an elementary school and get the proper mitigation for middle and high school. Connie Rogers stated she urges the Commission to deny the project. She does not feel that the Commission has enough information. Dick Oliver spoke in favor of the project. He stated that it might take 20 years to build out the project but the planning needs to start today. Curt Cotner stated he opposes the project. He does not feel growing north is the best choice for growth in the city. Carolyn Tognetti spoke against the project. She stated on the Wren USA application staff recommended denial of the project and she feels this project should have come with that same recommendation. She feel this project should wait until the new General Plan is complete. Lana Sandoval spoke on the 2014 application for the South Gilroy Neighborhood District. She spoke on the small town feel of Gilroy and does not agree with the project. Dan Fiorio agrees that the city needs growth but not all in one area. He requested that the Commission deny the project. Chair Gullen closed the public hearing. Commissioner Fischer stated he has met with several members of the community and he also met with Save Open Space Gilroy. Commissioners Ashford and Rodriguez stated they received an email regarding the project. Commissioner Sanford stated she received the same email and also spoke with Connie Rogers. Commissioner Fischer stated that he would like to continue the discussion to a special meeting of December 10, 2015 so he can go over the information that he received at the meeting. Commissioner Kloecker stated that there are reasons to oppose the project and he does not feel he is fully informed to make a decision. Commissioner Fischer made a motion to continue the discussion to a special meeting of December 10, 2015. Chair Gullen stated he is concerned with the lack of a recommendation from staff. He stated there are a lot of positives with a large project like this but, is this the right time. He feels in-fill development and revitalizing the downtown should come before this project. He would support a motion to continue the discussion to a later date. Commissioner Sanford stated she would like the maker of the motion to withdraw the motion in order to let the discussion happen and give it due course and then see if there is consensus, and if not then consider continuing the item to another meeting. Commissioner Fischer withdrew his motion. Chair Gullen stated the motion was withdrawn. Commissioner Sanford commented on the size of the project and said that she is not opposed to the project but does not think this is the correct project. She can’t support this project. Commissioner Fischer stated he cannot support this project. He does not feel this is the right time for this project. Commissioner Kloecker does not support this project. He does not feel this is the right time for a project of this size. Maybe in four or five years. He asked City Attorney Faber what are the ramifications of approving the EIR but not the USA amendment. City Attorney Faber stated that the Commission does not have to take any position on the EIR if the Commission is denying the USA amendment. If the Commission feels the EIR is in compliance with CEQA a motion can be made to recommend certification of the EIR. Commissioner Kloecker asked what will happen in the future if the EIR is certified and the project is denied. City Attorney Faber stated that after a few years an EIR grows stale and the Commission is only recommending if the Council approves it or not. Commissioner Lai asked staff if the Commission denies the large USA then could the two smaller projects move forward. Planning Manager Martin stated that the two smaller projects would be decided by the Council and the Commission could make a recommendation to have the two smaller projects go forward. Chair Gullen asked for clarification on the EIR; if the Council were to certify the EIR and deny the project, would the benefit to the applicant be the applicant has a certified EIR and could in the future re-apply. City Attorney Faber clarified that if the applicant re-applied in two years there would be a new General Plan and a certified EIR would not be very helpful for them at that point. Chair Gullen stated that he feels the EIR is in compliance and would approve a certified EIR. Motion on Item V.A. Motion: to recommend the City Council to certify EIR as being complete and in compliance with CEQA. Moved by Commissioner Paul Kloecker, seconded by Chair Richard Gullen Vote: Motion failed 3-4-0-0 Yes: Commissioner Paul Kloecker; Chair Richard Gullen; Commissioner Susan Rodriguez. No: Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner Kai Lai; Commissioner Elizabeth Sanford Abstain: None Absent: None Second Motion on Item V.A. Motion: to adopt a resolution recommending the City Council deny USA 14-01 Moved by Commissioner Tom Fischer , seconded by Commissioner Kai Lai Vote: Motion carried 7-0-0-0 Yes: Commissioner Steve Ashford; Commissioner Tom Fischer; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Richard Gullen No: None Abstain: None Absent: None Chair Gullen Adjourned the meeting at 10:45 PM _____________________________ Georgina Sanchez, Office Assistant