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Home My WebLink About09/06/2018 Planning Commission - Regular Meeting Agenda Packet Regular Planning Commission Meeting Agenda September 6, 2018 Special Meeting 6:00 P.M. Regular Meeting 6:30 P.M. City Council Chambers, City Hall 7351 Rosanna Street, Gilroy, CA 95020 PLANNING COMMISSION MEMBERS Chair: Tom Fischer: tom.fischer@cityofgilroy.org Sam Kim: sam.kim@cityofgilroy.org Vice Chair: Casey Estorga: casey.estorga@cityofgilroy.org Sue Rodriguez: sue.rodriguez@cityofgilroy.org Rebeca Armendariz: rebeca.armendariz@cityofgilroy.org Rebecca Scheel: rebecca.scheel@cityofgilroy.org Steve Ashford: steve.ashford@cityofgilroy.org Comments by the public will be taken on any agenda item before action is taken by the Planning Commission. Persons speaking on any matter are asked to state their name and address for the record. Public testimony is subject to reasonable regulations, including but not limited to time restrictions on particular issues and for each individual speaker. A minimum of 12 copies of materials should be provided to the Clerk for distribution to the Commission and Staff. Public comments are limited to no more than 3-minutes, at the Chair’s discretion. In compliance with the American Disabilities Act (ADA), the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (408) 846-0491. A sound enhancement system is available in the City Council Chambers. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. Persons who wish to speak on matters set for Public Hearing will be heard when the presiding officer calls for comments from those persons who are in support of or in opposition thereto. After persons have spoken, the hearing is closed and brought to the Planning Commission level for discussion and action. There is no further comment permitted from the audience unless requested by the Planning Commission. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9(b)(1) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the Planning Commission after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also available with the agenda packet on the City website at www.cityofgilroy.org SPECIAL MEETING 6:00 P.M. Training Session on Voting System REGULAR MEETING 6:30 P.M. I. PLEDGE OF ALLEGIANCE II. REPORT ON POSTING THE AGENDA AND ROLL CALL III. APPROVAL OF MINUTES A. Meeting Minutes of June 7, 2018 IV. PRESENTATION BY MEMBERS OF THE PUBLIC: (Three-minute time limit). This portion of the meeting is reserved for persons desiring to address the Planning Commission on matters not on the agenda. The law does not permit the Planning Commission action or extended discussion of any item not on the agenda except under special circumstances. If Planning Commission action is requested, the Planning Commission may place the matter on a future agenda. All statements tha t require a response will be referred to staff for reply in writing. PUBLIC HEARINGS FOR RELATED PROJECT APPLICATIONS WILL BE HEARD CONCURRENTLY AND ACTION WILL BE TAKEN INDIVIDUALLY. COMPANION PROJECTS UNDER NEW BUSINESS WILL BE TAKEN UP FOR ACTION PRIOR TO, OR IMMEDIATELY FOLLOWING THE RELATED PUBLIC HEARING. THIS REQUIRES DEVIATION IN THE ORDER OF BUSINESS AS NOTED WITHIN THE AGENDA. V. PUBLIC HEARINGS A. Consideration of a Citywide Zoning Ordinance Amendment to add a New Section 30.38.270 “Protected Tree Removal” to Chapter 30 of the Gilroy City Code (Z16- 05) 1. Staff Report: Stan Ketchum, Senior Planner 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: a) Motion to adopt a resolution recommending that the City Council approve the Protected Tree Removal ordinance Z16-05 [Project No. 16040038]) as requested. (Roll Call Vote) B. M 18-02 proposes an amendment to the policy entitled “Placement of Street Furniture Objects in the Public Right of Way”. The particular amendment would pertain to the pilot program which allows the establishment of parklets in Downtown Gilroy. The recommended policy would eliminate the current pilot program and provide a formalized permit process for the establishment and sponsorship of public parklets. 1. Staff Report: Sue O'Strander, Deputy Director of Community Development 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: a) Motion to continue item off-calendar. VI. OLD BUSINESS VII. NEW BUSINESS VIII. CORRESPONDENCE IX. INFORMATIONAL ITEMS A. Current Planning Projects (report attached) B. Planning Staff Approvals (report attached) X. PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION XI. ORAL REPORTS BY COMMISSION MEMBERS Chair Tom Fischer - Bicycle Pedestrian Committee, Gilroy Downtown Business Association, General Plan Advisory Committee, High Speed Rail Authority Vice Chair Casey Estorga - City Council Meetings for June 4, 2018 and June 18, 2018, Street Naming, Commissioner Armendariz - City Council Meetings for July 2, 2018, Housing Advisory Committee Commissioner Steve Ashford - Historic Heritage Committee Commissioner Sue Rodriguez - City Council Meetings for August 6, 2018 and August 20, 2018, South County Joint Planning Advisory Committee Commissioner Rebecca Scheel - General Plan Advisory Committee XII. PLANNING DIVISION MANAGER REPORT XIII. ASSISTANT CITY ATTORNEY REPORT XIV. PLANNING COMMISSION CHAIR REPORT XV. ADJOURNMENT to the Next Meeting of October 4, 2018 at 6:30 P.M. KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846- 0204/shawna.freels@cityofgilroy.org PUBLIC MEETING SCHEDULE- PLANNING Public Meeting Schedule The Planning Commission meets regularly on the first Thursday of each month, at 6:30 p.m. If a holiday should fall on the regular meeting date (or the next day), the meeting will be rescheduled to the following Thursday. October 2018 01* City Council Meeting, 6:00 p.m., City Council Chambers 03 South County Regional Wastewater Authority, (Regular Meeting) 8:00 a.m. 04* Planning Commission Meeting, 6:30 p.m., City Council Chambers 08 Personnel Commission (Regular Meeting) 6:00 p.m. 09 Art & Culture Commission 5:30 p.m. 09 Physically Challenged Board of Appeals 10:00 a.m. 10 Housing Advisory Committee, 10 Library Commission Meeting 7:00 p.m. Gilroy Library Meeting Room 15* City Council Meeting, 6:00 p.m., City Council Chambers 16 Parks & Recreation Commission 6:00 p.m. 17 Community & Neighborhood Revitalization Committee 17 Historic Heritage Committee (Regular Meeting) 5:30 p.m. 23 Bicycle Pedestrian Commission 6:00 p.m. 24 Public Art Committee 5:30 p.m. * Meetings will be web-streamed and televised a Planning Commission Regular Meeting of JUNE 7, 2018 I. PLEDGE OF ALLEGIANCE Chair Fischer called the meeting to order at 6:33 p.m. and led the Pledge of Allegiance II. REPORT ON POSTING THE AGENDA AND ROLL CALL Attendee Name Title Status Arrived Rebeca Armendariz Vice Chair Present 5:41 PM Steve Ashford Planning Commissioner Present 5:30 PM Casey Estorga Planning Commissioner Present 6:17 PM Sam Kim Planning Commissioner Present 5:30 PM Susan Rodriguez Planning Commissioner Absent Rebecca Scheel Planning Commissioner Present 6:16 PM Tom Fischer Chair Present III. APPROVAL OF MINUTES Meeting Minutes of May 17, 2018 approved with corrections Mover: Steve Ashford, Planning Commissioner Seconder: Rebecca Scheel, Planning Commissioner Ayes: Armendariz, Ashford, Estorga, Fischer, Kim, Scheel Absent: Rodriguez A. Meeting Minutes of May 17, 2018 RESULT: ANNOUNCED IV. PRESENTATION BY MEMBERS OF THE PUBLIC None V. PUBLIC HEARINGS A. A Zoning Amendment to amend the Hecker Pass Specific Plan comprising of four components: 1) changing the planned Hecker Pass Highway and Third Street/Autumn Drive intersection from a standard intersection to a roundabout; 2) addition of a Class I bike path on private property south of Hecker Pass Highway; 3) modify language related to fencing within the Hecker Pass Highway 115-foot setback corridor, as well as other fencing restriction modifications in the specific plan; and 4) elimination of two specific plan EIR transportation-related mitigation measures. In addition to these major components, the applicant proposes various “clean-up” changes, which consist of inconsequential text modifications. 1. Staff Report: Sue O'Strander, Interim Development Center Manager 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: a) Adopt a resolution recommending that the City Council adopt the mitigated negative declaration prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and 3.A Packet Pg. 5 Communication: Meeting Minutes of June 7, 2018 (APPROVAL OF MINUTES) b) Approve the Zoning Amendment/Specific Plan Amendment (Z 16-01), subject to certain findings and conditions; and c) Adopt a revised mitigation monitoring program. (Roll Call Vote) Public members Andreas Lobring, Barbara Bohlig and Michael Bohlig were called to speak. RESULT: APPROVE [5 TO 0] MOVER: Tom Fischer, Chair SECONDER: Steve Ashford, Planning Commissioner AYES: Armendariz, Ashford, Estorga, Scheel, Fischer ABSENT: Rodriguez RECUSED: Kim B. Z 18-01 (zone change for a PUD) requests approval of a Zoning Amendment to establish a Planned Unit Development for this 22.44 acre site, commonly known as the Hecker Pass North Residential Cluster. The project is located within the Hecker Pass Specific Plan area, north of Hecker Pass Highway and immediately east of the Gilroy Municipal Golf Course (APN 783-04-023). TM 18-01 (tentative map) requests approval of a subdivision consisting of 72 single-family residential lots, 7 open space parcels, 2 private street parcels, and 2 public street parcels. AS 18 -03 (architecture and site review) requests approval of the architectural details and site improvements associated with the development of a 72 unit single-family residential subdivision. Application filed by Skip Spiering on behalf of Hecker Pass North, LLC, 8 North San Pedro, San Jose, CA 95110. 1. Staff Report: Brad Evanson, Planner 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Motion to: 1) Consider and recommend that the City Council motion to accept an Addendum to the Hecker Pass Specific Plan EIR prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and, 2) Adopt a resolution recommending that the City Council approve Planned Unit Development Z 18-01 as requested, subject to certain findings; and 3) Adopt a resolution recommending that the City Council approve Tentative Map TM 18- 01, as requested, subject to certain findings; and 4) Adopt a resolution recommending that the City Council approve Architectural and Site Review Permit AS 18-03 as requested, subject to certain findings and conditions. (Roll Call Vote) 3.A Packet Pg. 6 Communication: Meeting Minutes of June 7, 2018 (APPROVAL OF MINUTES) Public Member Michael Bohlig was called to speak. Addendum to the Hecker Pass Specific Plan EIR Roll Call Vote: A motion was made by Commissioner Scheel; seconded by Commissioner Ashford to consider and recommend that the City Council accept an Addendumto the Hecker Pass Specific Plan EIR prepared for the project, based on findings required by the California Environmental Quality Act and approve with conditions to ensure the park component is completed before occupancy of the 37th home and that the applicant will work with staff to provide additional parking for the park area. This motion goes in hand with TM 18 -01 Yes: Fischer, Estorga, Armendariz, Ashford, Scheel Recused: Kim Absent: Rodriguez Item#: Z 18-01 Roll Call Vote: A motion was made by Commissioner Estorga; seconded by Commissioner Scheel to recommend that the City Council approve Planned Unit Development as requested. Yes: Fischer, Estorga, Armendariz, Ashford, Scheel Recused: Kim Absent: Rodriguez Item#: TM 18-01 Roll Call Vote: A motion was made by Commissioner Scheel; seconded by Commissioner Ashford to consider and recommend that the City Council accept an Addendum to the Hecker Pass Specific Plan EIR prepared for the project, based on findings required by the California Environmental Quality Act and approve TM 18-01 with conditions to ensure the park component is completed before occupancy of the 37th home and that the applicant will work with staff to provide additional parking in the park area. Yes: Fischer, Estorga, Armendariz, Ashford, Scheel Recused: Kim Absent: Rodriguez Item#: AS 18-03 Roll Call Vote: 3.A Packet Pg. 7 Communication: Meeting Minutes of June 7, 2018 (APPROVAL OF MINUTES) A motion was made by Commissioner Scheel; seconded by Commissioner Ashford to recommend that the City Council approve AS 18-03 as requested. Yes: Fischer, Estorga, Armendariz, Ashford, Scheel Recused: Kim Absent: Rodriguez RESULT: WITHDRAW C. Variance (V 18-01), Tentative Map (TM 17-02), and Architectural and Site Review (AS 17-14) request for development of a 2.23-acre site with 9 single family homes, located along the north side of Third Street, between Rosemary Drive and Grassland Way. The site is identified as APN 810-20-029 and within the East Residential Cluster of the Hecker Pass Specific Plan area. The requested applications support development of the residential site with a cul-de-sac neighborhood, referred to as Heartland Triangle. A variance from Hecker Pass Specific Plan setback and lot size requirements is requested to accommodate a zipper lot configuration for the nine lots. Applications filed by Meritage Homes, 1671 E. Monte Vista Avenue, Suite 214, Vacaville, CA 95688. THIS REQUEST WAS CONTINUED FROM THE MAY 17, 2018 PLANNING COMMISSION MEETING. 1. Staff Report: Sue O'Strander, Interim Development Center Manager 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Motion to recommend that the Planning Commission: 1) Consider and recommend that the City Council adopt the Mitigation Monitoring and Reporting Program prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and 2) Adopt a resolution approving the Variance (V 18 -01) as requested, subject to certain findings and conditions; and 3) Adopt a resolution recommending that the City Council approve the Tentative Map (TM 17-02) as requested, subject to certain findings and conditions; and 4) Adopt a resolution recommending that the City Council approve the Architectural and Site Review (AS 17-14) as requested, subject to certain findings and conditions. (Roll Call Vote) 3.A Packet Pg. 8 Communication: Meeting Minutes of June 7, 2018 (APPROVAL OF MINUTES) Public Members Andreas Olbring and Garett Malate were called to speak. Item# V 18-01 Roll Call: A Motion was made by Commissioner Ashford; seconded by Commissioner Estorga to adopt a resolution approving the Variance (V 18-01) as requested. Yes: Fischer, Estorga, Armendariz, Ashford, Scheel Recused: Kim Absent: Rodriguez Item# TM 17-02 Roll Call: A Motion was made by Commissioner Ashford; seconded by Commissioner Estorga to adopt a resolution recommending that the City Council approve Tentative Map (TM 17- 02) as requested, subject to certain findings and conditions. Yes: Fischer, Estorga, Armendariz, Ashford, Scheel Recused: Kim Absent: Rodriguez Item# AS 17-14 A Motion was made by Commissioner Ashford; seconded by Commissioner Estorga to adopt a resolution recommending that the City Council approve Architectural and Site Review (AS 17-14) as requested. Yes: Fischer, Estorga, Armendariz, Ashford, Scheel 3.A Packet Pg. 9 Communication: Meeting Minutes of June 7, 2018 (APPROVAL OF MINUTES) Recused: Kim Absent: Rodriguez D. Architectural and site review permit AS 17-02 is requested for development of a 6- acre parcel within the Hecker Pass Specific Plan area. The subject site is located along the south side of Hecker Pass Highway, north of Lone Oak Lane, and just west of Two Oaks Lane. The subject site is addressed at 2740 Hecker Pass Highway and identified by assessor parcel number (APN) 810-20-006. Proposed development would include three buildings – one for winery functions, and two mixed use buildings with ground floor restaurant and retail uses and 22 live/work units on the second floor levels. The live/work rental units are not for sale, and is not intended to be used or otherwise sublet for use by someone other than the residential tenant. The commercial uses would total 32,758 square feet and are anticipated to consist of a wine tasting room, wine warehouse, and outdoor crush area, a small retail store, several eateries, and a deli and wine store. Application filed by Hecker Pass Commercial LLC, 1999 S. Bascom Avenue, Suite 700, Campbell, CA 95008 . 1. Staff Report: Sue O'Strander, Interim Development Center Manager 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: a) Consider and recommend that the City Council adopt the Mitigated Negative Declaration prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and b) Adopt a resolution recommending that the City Council approve the Architectural and Site Review Permit (AS 17-02) as requested, subject to certain findings and conditions. (Roll Call Vote) The following public members were called to speak: Rosie Sanborn, Tammy Brownlow, Kurt Michielssen, Marika Somorjai, George Somorjai, Connie Rogers, SandyWelsh, Lori Parshall, Phill Laursen, Garrett Bennett, Alexa Bennett, Kathy Johnstone, Jane Howard, Garett Malate, Chris Vanni, Jane Olcott, Steve Johnstone, Roll Call: Motion made by Chair Fischer; seconded by Commissioner Estorga to consider and recommend that the City Council adopt the Mitigated Negative Declaration prepared for the project, based on findings required by the California Environmental Quality Act. Motion to deny the Architectural and Site Review Permit (AS 17 -02) resulted in a tie vote. This item will proceed to City Council with no recommendation from the Commission E. Tentative Map TM 16-02 requests approval to subdivide the approximately 8.56 acre project site into 14 single-family residential lots and 3 parcels to accommodate private streets, stormwater management facilities, and open space along the northern portion of the site, adjacent to the Uvas Creek riparian area and flood plain. 3.A Packet Pg. 10 Communication: Meeting Minutes of June 7, 2018 (APPROVAL OF MINUTES) Development of the single family home lots is not part of this request, and would be processed under a separate request at a later date. The project site is located north and east of Las Animas Elementary School at the northern terminus of Greenfield Drive, and immediately south of Uvas Creek, APN: 808 -20-008. Application filed by John Taft/R.J. Dyer Real Property Investment, Inc., 1230 First Street, Ste. 204, Gilroy, CA 95020. 1. Staff Report: Brad Evanson, Planner 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: a) Motion to adopt a resolution denying Tentative Map TM 16-02. (Roll Call Vote) The following public members were called to speak: Applicant James Suner, Malcolm MacPhail, John Taft, Connie Rogers, Chris Wright, Jerrod Coddington, and Anthony Gonzalez Roll Call: Motion made by Chair Fischer to adopt a resolution recommending TM 16-02 for approval to City Council; seconded by Commissioner Armendariz Yes: Fischer, Estorga, Armendariz, Ashford, Scheel, Kim Absent: Rodriguez Due to the length of the meeting, a consensus was made by the Planning Commission to continue listening and taking action on the item# V.F. F. M 18-02 (Policy Amendment) proposes a policy amendment for Placement of Street Furniture Objects in the Public Right of Way, pertaining to a pilot program which allows the establishment of parklets in Downtown Gilroy. The recommended policy would eliminate the current pilot program and provide a formalized permit process for the establishment and sponsorship of public parklets. As proposed, parklets could be considered within Gilroy’s downtown district. 1. Staff Report: Sue O'Strander, Interim Development Center Manager 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Motion to continue this item to the Planning Commission meeting on August 2, 2018. 3.A Packet Pg. 11 Communication: Meeting Minutes of June 7, 2018 (APPROVAL OF MINUTES) Motion to continue this item to the Planning Commission Meeting on August 2, 2018 made by Chair Fischer; seconded by Commissioner Armendariz. Roll Call: Yes: Fischer, Estorga, Armendariz, Ashford, Scheel, Kim Absent: Rodriguez VI. OLD BUSINESS VII. NEW BUSINESS VIII. CORRESPONDENCE IX. INFORMATIONAL ITEMS A. Current Planning Projects (report attached) B. Planning Staff Approvals (report attached) X. PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION XI. ORAL REPORTS BY COMMISSION MEMBERS Chair Tom Fischer - City Council Meetings for May 7, 2018 and May 21, 2018, Bicycle Pedestrian Committee, Gilroy Downtown Business Association, High Speed Rail Authority, General Plan Advisory Committee Commissioner Rebecca Scheel - General Plan Advisory Committee Vice Chair Casey Estorga - Street Naming Commissioner Armendariz - Housing Advisory Committee Commissioner Steve Ashford - Historic Heritage Committee Commissioner Sue Rodriguez - South County Joint Planning Advisory Committee XII. PLANNING DIVISION MANAGER REPORT XIII. ASSISTANT CITY ATTORNEY REPORT XIV. PLANNING COMMISSION CHAIR REPORT XV. ADJOURNMENT to the Next Meetingtest of June 21, 2018 at 6:30 P.M. Zinnia Navarro, Office Assistant 3.A Packet Pg. 12 Communication: Meeting Minutes of June 7, 2018 (APPROVAL OF MINUTES) Community Development Department 7351 Rosanna Street, Gilroy, California 95020-61197 Telephone: (408) 846-0451 Fax (408) 846-0429 http://www.cityofgilroy.org DATE: September 6, 2018 TO: Planning Commission FROM: Stan Ketchum, Senior Planner SUBJECT: Z 16-05 Protected Tree Removal Permit Ordinance 1) Request: Consideration of a Citywide Zoning Ordinance Amendment to add a New Section 30.38.270 “Protected Tree Removal” to Chapter 30 of the Gilroy City Code (Z16-05) 1) The city recognizes that existing and future trees and tree communities located in the city are a valuable and distinctive natural resource. Trees augment the economic base of the city through encouragement of tourism and enhancement of the livin g environment. Removal of trees reduces property values and the scenic beauty and attractiveness of the city to residents and visitors. The purpose of the proposed Significant Tree Removal Chapter is to protect existing and future significant trees and tree communities through the establishment of an ordinance to regulate the removal or destruction of significant trees, tree communities and heritage trees on private property. 2) Recommendation: Staff has analyzed the proposal and recommends that the Planning Commission: a) Motion to Adopt a resolution recommending that the City Council approve the Protected Tree Removal ordinance Z16-05 [Project No. 16040038]) as requested. (Roll Call Vote) 3) Environmental Assessment: Section 15308 of the California Environmental Quality Act (CEQA) Guidelines, exempts actions by a regulatory agency intended to assure the maintenance, restoration, enhancement, or protection of the environment. The Protected Tree Removal Ordinance strengthens the protection of significant trees by establishing a permit process incorporating thorough analysis to confirm the necessity to remove protected trees and heritage trees. The ordinance protects those indigenous tree species found in the Gilroy area. The ordinance will support the maintenance and restoration of the environment by establishing Kristi A. Abrams DIRECTOR 5.A Packet Pg. 13 2 regulations that impose penalties for removal of protected or heritage trees without issuance of a Protected Tree Removal Permit. The ordinance requires replacement of multiple trees of the same species which will help restore and enhance the environment. Based on the above, there are no unusual circumstances that would justify an exception to the use of Section 15308 of the California Environmental Quality Act (CEQA) Guidelines. This ordinance is similar in character and extent to other regulatory ordinances adopted for the protection of the environment that will have the effect of limiting damage to environmental resources. 4) Background Information: The recently-adopted Zoning Code Article 30.38 Landscaping, Water Efficiency and Storm Water Retention and Treatment states that existing on-site vegetation shall be preserved and incorporated into new development, unless otherwise approved by the Community Development Director. However there are no provisions in the current Zoning Ordinance that regulate the removal of significant trees on private property when that private property is not part of a development project. In order to protect this resource, it is the intent of this ordinance amendment to regulate the removal or destruction of significant trees and tree communities on private property within the city. On November 13, 2017, Planning Staff held a Developer’s Roundtable meeting at which the proposed Tree Removal Ordinance was reviewed. There was minimal input from those in attendance. One suggestion made was that tree removal mitigation measures included in certified environmental documents requiring a higher replacement ratio and/or size of replacement trees than specified in the ordinance should take precedence. That change has been incorporated into the ordinance. Prior Planning Commission and City Council Discussion On February 1, 2018, Planning Staff presented the draft Protected Tree Removal Ordinance to the Planning Commission. The Commission voted 5-0-1-0 (Commissioner Armendariz absent, one seat vacant) to recommend the City Council approve the Protected Tree Removal Ordinance. On March 5, 2018, the City Council considered the draft Protected Tree Removal Ordinance. The Council raised a number of questions requiring additional staff research and analysis, including the impacts of tree removal permits on single family homeowners, the need for and cost of aborist reports, the types of trees to be protected, and concern regarding proposed criminal penalties for violations. The Council continued the discussion of the ordinance to a future date and directed staff to prepare additional information addressing the issues raised. On June 18, 2018, Planning Staff presented additional informatio n responding to questions raised at the March 5 meeting, including proposed refinements to the original draft ordinance and an alternative option for the ordinance elements affecting single family properties. The Council directed staff to proceed with the draft ordinance with two refinements. The June 18, 2018 City Council Staff Report is included as an attachment for reference. 5.A Packet Pg. 14 3 5) General Plan Consistency: The proposed ordinance is consistent with General Plan Goal 23 Natural Resource Conservation: Conservation of natural resources and high levels of environmental quality for current and future generations. 6) Analysis: The draft Protected Tree Removal Ordinance is incorporated in the recommended Planning Commission Resolution (see Attachment 2). It reflects the direction received from the City Council at the June 18, 2018 meeting. The ordinance establishes required definitions, including the minimum size of a protected tree and a heritage tree and the specific types of trees identified as indigenous to the Gilroy area and protected by the ordinance. The following are the primary components of the ordinance: A. The application shall be submitted to the Planning Division and shall include information to describe and justify the removal request. A report prepared by an arborist certified by the International Society of Aboriculture (ISA), or other equivalent organization shall be included that documents the health of the tree and explaining the reason(s) for removal. B. One or more of the following findings must be made to approve a tree removal permit: i. The tree is dead, diseased or in danger of falling. ii. The tree could adversely affect the general public health and safety. iii. The tree is determined to be causing damage or reasonably expected to cause damage to existing buildings or interfere with utility services. iv. The retention of the tree restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically expe rienced by owners of similarly situated properties, and the applicant has demonstrated to the satisfaction of the Community Development Director that there are no reasonable alternatives to preserve the tree. v. Retention of the tree would result in reduction of the permissible building envelope by more than twenty-five (25) percent. The following finding must be made in addition to one or more of those listed above: vi. None of the tree management techniques referenced in the ordinance are deemed feasible to save the tree. C. Notice of the proposed removal shall be posted on the affected tree and in at least two conspicuous locations on the site clearly visible to and readable from public property. D. Replacement tree(s) shall be of the same species as the tree that was removed and shall be planted on the same site as the removed tree, whenever possible. Planting of replacement tree(s) on public property or payment of an in lieu fee 5.A Packet Pg. 15 4 may be allowed at the discretion of the Director of Public Works. E. The number and size of replacement trees shall be based on the number and size of trees approved for removal, as indicated in Table 1, below. If the tree being replaced is a tree that was required as a part of an approved Landscaping Plan, the replacement species must be consistent with the Landscaping Plan. Otherwise, the replacement tree may be of any species included on the City’s Master Tree Planting Plan. Table 1 Replacement Tree Requirements Trunk Size of Removed Tree (measured at 4 1/2 feet above grade) Replacement Ratio Required (per tree removed) Circumference (inches) Number of replacement trees Minimum Size 38 to 75 2 24 inch box Greater than 75 2 36 inch box Heritage Trees 2 48 inch box If a mitigation measure for removal of a protected tree, community of protected trees or a heritage tree contained in a certified environmental document requires greater numbers or size of replacement trees than specified in Table 1, above, that requirement shall supercede the requirements of this chapter. F. Emergency Situations: In emergency situations caused by the hazardous or dangerous condition of a tree that requires immediate action for the safety of life or property, such necessary action may be taken to remove the tree or otherwise reduce or eliminate the hazard without complying with the other provisions of this Chapter, except that the person responsible for actions taken to reduce the hazard or to remove the tree shall report such action to the Community Development Department within five working days of that action. In addition, photographs thoroughly documenting the hazardous or dangerous condition of the tree shall be taken prior to any action to remove it. Such photographs shall be provided to the Community Development Department upon request. G. The decision of the Community Development Director may be appealed to the Planning Commission within twenty (20) days after the decision by the Community Development Director. 5.A Packet Pg. 16 5 H. The violation of any provision contained in this Section is hereby declared to be unlawful and shall constitute a public nuisance and a misdemeanor. As either a public nuisance or a misdemeanor, the violation shall be subject to the penalties or remedies as described in Chapter X of this Code and the provisions of Section (h) Replacement, of this Section. Ordinance Implementation The Tree Removal Permit authorized by this ordinance will be processed administratively by the Planning Division. The anticipated cost of the permit will be approximately $300. In the previous City Council discussions, direction was given to conduct extensive public outreach and notification of the new ordinance . Staff is intending to publicize the new ordinance through the following efforts:  City website and Your Voice  City Social Media  City Press Release  Direct mailing to all landscape, tree services and arborists in the South County area  Notification insert in the Gilroy Water Bills  Information handout to be available at the Planning Division Counter 7) Noticing: The public notice for this item, published in the Gilroy Dispatch on August 24, 2018, meets the Government Code requirement for projects of citywide importance. In addition, Planning Commission packets are available through the City’s webpage prior to the scheduled meeting. Attachments: 1. 6-18-18 CC Staff Report 2. PC Resolution for 9-6-18 5.A Packet Pg. 17 City of Gilroy STAFF REPORT Agenda Item Title: Discussion of Proposed Amendments to Article 30.38 Landscaping, Water Efficiency, and Stormwater Retention and Treatment to Add a New Section 30.38.270 Entitled Protected Tree Removal Permit Ordinance (Z16-05) Meeting Date: June 18, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Stan Ketchum Strategic Plan Goals ☐ Financially Sustainable and High Performing  Livable Community ☐ Grow the Economy ☐ Upgrade Infrastructure ☐ Vibrant Downtown RECOMMENDATION Receive report and provide direction to staff regarding draft ordinance. EXECUTIVE SUMMARY This report provides responses to questions raised by the City Council at the March 5, 2018 meeting regarding the proposed Protected Tree Removal Ordinance. Staff has conducted further research regarding the issues raised, including identifying and comparing the requirements of tree removal ordinances in other Santa Clara County cities. This report presents refinements to the current draft ordinance and an alternative option for the ordinance elements affecting single family properties. The City Council is requested to provide staff with direction regarding which provisions to include in a revised draft ordinance to be presented for Council consideration at a future meeting. POLICY DISCUSSION 5.A.a Packet Pg. 18 Attachment: 6-18-18 CC Staff Report (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) The City Council is asked to consider establishing an ordinance to recognize and protect trees indigenous to the Gilroy area, and significant examples of any type of tree (referred to as heritage trees), on private property with a new tree removal permit process. The proposal to establish a permit process to regulate removal of trees on private property is a significant policy decision. The challenge before the City Council is to select the desired balance between the imposition of new regulations and the establishment of protections for the important species and sizes of trees that provide multiple benefits to the community. As identified in the City Council Arbor Day Proclamation, trees in our city provide a variety of environmental advantages, increase property values, enhance the economic vitality of business areas, and beautify our community. BACKGROUND On March 5, 2018, staff first presented the proposed Protected Tree Removal Ordinance. Councilmembers asked a variety of questions and directed staff to conduct further research on several issues, including the impacts to single family homeowners from the ordinance requirements, the need for and cost of arborist reports, and the criminal penalties to be assessed for violations of the ordinance. This report presents the results of the additional research and responds to Council direction. ANALYSIS Staff has conducted further research regarding the issues raised by the City Council, including identifying and comparing the requirements of tree removal ordinances in other Santa Clara County cities. A summary and comparison of t he Gilroy draft ordinance to that of Palo Alto, together with similar provisions in the cities Campbell, Morgan Hill, Mountain View and Sunnyvale is provided in Attachment 1. Based on Council’s previous discussion, staff presents a couple ordinance options for City Council consideration, a revised current draft ordinance and an alternative option. Revised/new language from staff’s previous presentation is shown in italics. No changes are proposed for other ordinance components. (See Attachment 2 for a comprehensive table of all aspects for consideration). An evaluation of each ordinance provision is provided below: 1. Applicability Current Draft Ordinance Alternative Option  All existing land uses: Single Family, Multi-family, Commercial, Industrial  Single Family Residential:  Front Yard - Permit required  Backyard - No Permit required  Ordinance applies to existing multi- 5.A.a Packet Pg. 19 Attachment: 6-18-18 CC Staff Report (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) family residential and all non- residential uses The current draft ordinance applies uniformly to all land uses, ranging from single and multi-family residential to commercial and industrial uses. The alternative option continues to apply to all multi-family, commercial and industrial land uses. A permit would still be required to remove a Protected Tree or Heritage Tree from a single family front yard. However, for single family residential, no permit would be required to remove any tree from a back yard. The retention of a tree removal permit for trees in front yards reflects the contribution of trees to the overall aesthetic and environmental values shared by the residents of a neighborhood and the importance of confirming there is a valid reason to remove a Protected or Heritage Tree. 2. Protected Tree Type and Size Current Draft Ordinance (revised) Alternative Option  All Oaks, CA Laurel, Big Leaf Maple, Madrone, Western Sycamore, CA Buckeye, Alder (Source: CA Native Plant Society)  Min. 38” C. (12” D.)  Community of Protected Trees (25% or more)  All Oaks, CA Laurel, Big Leaf Maple, Madrone, Western Sycamore, CA Buckeye, Alder (Source: CA Native Plant Society  Min. 38” C. (12” D.)  Community of Protected Trees (25% or more) The species included are indigenous to the Gilroy area, as identified by the California Native Plant Society. The species of Protected Trees would remain the same in the alternate provision. The minimum size of a Protected Tree is proposed to be revised in both the current draft ordinance and the alternate provision. The minimum size would be increased from 19’ in circumference (6” in diameter) to 38” in circumference (12” in diameter), similar to some other cities. In the alternate provision the Community of Protected Trees category would be eliminated. Removal of multiple Protected Trees would still require a Tree Removal Permit under the ordinance requirement for removal of an individual Protected Tree. 3. Heritage Tree Current Draft Ordinance (revised) Alternative Option Same requirements 5.A.a Packet Pg. 20 Attachment: 6-18-18 CC Staff Report (1828 : Z 16-05 Protected Tree Removal Permit Ordinance)  Any tree 90” C. (28.6” D.), or two trunks 72” C. (23” D.) The minimum size for the Heritage Tree category is the same in both options. Most other cities do not have a minimum size for Heritage Trees. Mountain View’s criteria are any tree a minimum of 48” in circumference or oaks, sequoias, redwoods or cedars a minimum of 12” in circumference. A question raised at the prior council meeting dealt with the mechanism to designate Heritage Trees. In other cities, Heritage Trees are designated by a Historical Commission or the City Council. Criteria used include: importance to the community, distinctive form, size, age, location, historic significance, cultural, educational, economic, agricultural, social or indigenous heritage to city. The Council may wish to consider including such a procedure in the ordinance. 4. Tree Removal Criteria Current Draft Ordinance (revised) Alternative Option Same requirements Any one of the following criteria:  Tree is dead, diseased, or danger of falling  Immediate threat to life or property  Is/could cause damage to buildings or utility services  Keeping tree restricts economic enjoyment of site or creates an unusual hardship by severely limiting use of site in a manner not typically experienced by owners of similarly situated properties; no reasonable alternatives are available to save the tree  Keeping tree would cause loss of >25% of allowed building area Separate criteria, in addition to above:  No tree preservation techniques are deemed feasible The criteria for removal of a Protected or Heritage Tree are the same in both options. In reviewing ordinances from other cities, staff found fairly similar criteria. The criteria regarding restriction of economic enjoyment or creation of an unusual hardship follows similar language from the Zoning Ordinance findings for approval of a Variance from a code provision. The final criterion is to verify that there are no viable tree preservation techniques available that could mitigate the threats to the health of the tree. Staff also considered inclusion of some type of removal criteria based on medical problems of residents linked to Protected Trees, but it was concluded that such a criterion would be subjective and difficult for staff to implement consistently. 5. Tree Replacement 5.A.a Packet Pg. 21 Attachment: 6-18-18 CC Staff Report (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) Current Draft Ordinance (revised) Alternative Option Same requirements – except no replacement tree required for removal of backyard tree (see 1. Applicability) Trunk Size of Removed Tree (measured at 4 1/2 feet above grade) Replacement Ratio Required (per tree removed) Circumference (inches) Number of replacement trees Minimum Size 19 to 37 3 15 gal. 38 to 75 2 24 inch box Greater than 75 2 36 inch box Heritage Trees 2 48 inch box The current draft ordinance includes requirements for the number and size of required replacement trees, based on the size of the tree proposed for removal. The alternative option includes the same replacement tree requirements for removal of a Protected or Heritage Tree, including in single family front yards. This option does not require a replacement tree for removal of back yard tree which would not require a tree removal permit. 6. Arborist Report Current Draft Ordinance (revised) Alternative Option  Arborist report required for all existing land uses: Single Family, Multi-family, Commercial, Industrial  Single Family Residential:  Front yard – report not required unless tree condition or removal criteria are inconclusive  Back yard - No Permit/report required  Ordinance applies to existing multi-family residential and all non-residential uses An arborist report would continue to be required in all cases for tree removal on multi- family residential, commercial and industrial properties. For single family residential, an arborist report would not be required in cases where the health of the tree or applicability of the other tree removal criteria is not in question. In cases where the situation is not obvious, the Community Development Director or designee will 5.A.a Packet Pg. 22 Attachment: 6-18-18 CC Staff Report (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) determine the need for an arborist report. No arborist report is required for removal of a back yard tree which would not require a tree removal permit. Based on staff contacts with several arborists, the cost of an arborist report can range from $250 - $600 or more, depending on the size, type, condition and number of the tree(s). 7. Emergency Provisions Current Draft Ordinance (revised) Alternative Option Same Requirements  If a tree poses an immediate threat to the safety of life or property, the minimum necessary actions may be taken to reduce or eliminate the hazard without issuance of a permit. Report removal to the Community Development Department within five working days. Photo document prior to any action to reduce the immediate threat. A Tree Removal Permit shall be submitted prior to removal of the tree. The requirements for emergency removal of a Protected or Heritage Tree determined to be a threat to safety of life or property are the same in both options. The proposal is typical of ordinances in other cities. 8. Penalties Current Draft Ordinance (revised) Alternative Option  Violation = public nuisance & misdemeanor  Fine of up to $2,500  Up to 6 months in jail  May require tree replacement  Tree removal after permit denial = fine up to $2,500 or amt. = to value of tree removed, whichever is greater Civil penalties (per Palo Alto):  Civil action initiated by city - court -imposed civil penalty:  Up to $5,000 for violation of ordinance In the current draft ordinance, a violation would still constitute a public nuisance and misdemeanor. However, the proposed maximum fine would increase from $1,000 to $2,500 and the option of six months in jail is eliminated. The alternative option proposes penalties similar to the Palo Alto ordinance in which the city can file a civil action in court for imposition of a fine of up to $5,000 for violation of the ordinance. 5.A.a Packet Pg. 23 Attachment: 6-18-18 CC Staff Report (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) CONCLUSION In order to provide protection to the indigenous and sign ificant trees in the community, staff recommends the City Council accept the revised draft ordinance provisions for inclusion in the final draft Protected Tree Removal Ordinance. The City Council is requested to provide staff with direction regarding which provisions of the two options to include in a revised draft ordinance to be presented for Council consideration at a future meeting. ALTERNATIVES 1. Based on City Council direction, staff will prepare a revised draft ordinance to be presented for Council consideration at a future meeting. This action is recommended to establish protections for trees that benefit the community. 2. Should the Council choose not to proceed with the proposed ordinance, there will continue to be no Zoning Ordinance provisions to regulate the removal of significant trees on private property and minimal enforcement options to penalize individuals who remove significant, valuable trees in the community. This action is not recommended. FISCAL IMPACT/FUNDING SOURCE No fiscal impacts are associated with this presentation to Council. NEXT STEPS Based on City Council direction, staff will prepare a revised draft Protected Tree Removal Ordinance for consideration at a future meeting. PUBLIC OUTREACH On November 13, 2017, Planning Staff held a Developer’s Roundtable meeting at which the proposed Protected Tree Removal Ordinance was presented to Gilroy’s development community. There was minimal input from those in attendance. One suggestion made was that tree removal mitigation measures included in certified environmental documents requiring a higher replacement ratio and/or size of replacement trees than specified in the ordinance should take precedence. That change has been incorporated into the ordinance. The public notice for this item, published in the Gilroy Dispatch on February 16, 2018 meets the Government Code requirement for projects of citywide importance. In addition, City Council packets are available through the City’s webpage prior to the scheduled meeting. Attachments: 5.A.a Packet Pg. 24 Attachment: 6-18-18 CC Staff Report (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) 1. Comparison to other cities - final 2. Summary of Tree Ordinance Changes 5.A.a Packet Pg. 25 Attachment: 6-18-18 CC Staff Report (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) RESOLUTION NO. 2018- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING CITY COUNCIL APPROVAL OF A CITY-INITIATED AMENDMENT TO THE GILROY CITY CODE (Z16-05) TO ADD SECTION 30.38.270 ENTITLED “PROTECTED TREE REMOVAL” TO THE ZONING ORDINANCE” WHEREAS, Gilroy City Code, Article 30, Section 30.38 pertains to requirements for installation and maintenance of water efficient landscaping, storm water retention and treatment in existing and new development; and WHEREAS, the City recognizes that existing and future trees and tree communities located in the city are a valuable and distinctive resource and that they augment the economic base of the city through encouragement of tourism and enhancem ent of the living environment; and WHEREAS, the removal of significant trees and diminishing of tree communities reduces property values and the scenic beauty and attractiveness of the city to residents and visitors; and WHEREAS, the Planning Commission of the City of Gilroy held a public hearin gs on February 1, and September 6, 2018 to consider the request and reviewed written materials and oral comments related to the proposed code amendments; and WHEREAS, the subject ordinance amendment is covered under Section 15308 of the California Environmental Quality Act (CEQA) Guidelines as an action by a regulatory agency for protection of the environment; and WHEREAS, the Planning Commission hereby recommends the City Council find that there are no unusual circumstances that would justify an exception to the use of Section 15308 of the California Environmental Quality Act (CEQA) Guidelines. Such finding is based on substantial evidence that the ordinance is similar in character and extent to other regulatory ordinances adopted for the protection of the environment that will have the effect of limiting damage to environmental resources . NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council approval of Z 16-05 to amend the Gilroy City Code to add section 30.38.270 entitled “Protected Tree Removal,” attached hereto as Exhibit A, to the Zoning Ordinance. 5.A.b Packet Pg. 26 Attachment: PC Resolution for 9-6-18 (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) 2 PASSED AND ADOPTED this 6th day of September, 2018 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: APPROVED: _____________________________ __________________________ Sue O’Strander, Secretary Tom Fischer, Chairperson 5.A.b Packet Pg. 27 Attachment: PC Resolution for 9-6-18 (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) 3 Exhibit A 30.38.270 Protected Tree Removal (a) Purpose: The City recognizes that existing and future trees and tree communities located in the city are a valuable and distinctive resource. These trees and tree communities augment the economic base of the city through encouragement of tourism and enhancement of the living environment. The removal of protected trees and diminishing of tree communities would reduce property values and the scenic beauty and attractiveness of the city to residents and visitors. In order to protect this resource, it is the intent of this section to regulate the removal or destruction of protected trees and tree communities on private property within the city. (b) Definitions: i. Community of Protected Trees. Any grouping of protected trees which are ecologically or aesthetically related to each other such that the loss of several of them would cause a protected ecological, aesthetic or environmental impact in the immediate area, as determined by a certified arborist. In sections (d), (e), (g), and (h) of this ordinance, the term “tree” shall refer to each and every tree in the community of protected trees that is proposed for removal. ii. Heritage Tree. A tree of any species with a single trunk of 90 inches in circumference or more at a point four and one half feet (4 1/2’) above the ground or with multiple trunks, two of which collectively measure 72 inches in circumference or more at a point four and one half feet (4 1/2’) above the ground. iii. Indigenous Tree. A tree which is native to the Gilroy region, including oaks (all types), California Bay (Umbellularia californica), Big Leaf Maple (Acer macrophyllum), Madrone (Arbutus menziesii), California Sycamore (Platanus racemosa), California Buckeye (Aesculus californica) and Alder (Alnus glutinosa). iv. Protected Tree. Any indigenous tree characterized by having a single trunk of thirty-eight (38) inches in circumference or more at a point four and one half feet (41/2’) above the ground. Nonindigenous tree species and orchards (including individual fruit and nut trees) are exempt from this definition for the purpose of this section. v. Tree. A woody perennial plant characterized by having a main stem or trunk, or a multi-stemmed trunk system with a more or less definitely formed crown, and is usually over ten feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as a part of operation of a licensed nursery business. (c) Permit Required: It is unlawful for any person to cut down, remove, poison or otherwise damage, kill or destroy or cause to be removed any of the following on any private property without first securing a permit as provided in this section: i. A protected tree ii. Greater than 25% of the trees within the outermost dripline of a community of protected trees iii. A heritage tree 5.A.b Packet Pg. 28 Attachment: PC Resolution for 9-6-18 (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) 4 A separate tree removal permit shall not be required for projects which have been approved through a discretionary process by the Planning Division, Planning Commission or City Council and the removal of protected trees or community o f trees were reviewed to ensure compliance with all requirements of this section and authorized by that approval. Trimming, removal and other activities related to trees in the public right of way are regulated by Section 26 of the Gilroy City Code. (d) Application: Any person desiring to cut down, remove, destroy or cause to be removed any protected tree, community of protected trees, or heritage tree shall apply to the Planning Division for a tree removal permit on forms provided by the Division. The application shall include information to describe and justify the removal request and a report from an arborist certified by the International Society of Aboriculture (ISA) or other equivalent organization acceptable to the Planning Manager. The aborist report shall include all of the following, unless otherwise approved by the Planning Manager: • Site plan showing location of the tree (include buildings, driveways, etc.) • Clear pictures of the tree indicating location, details signs of failure or disease • Description of species of the tree • Estimated height of the tree • Circumference or diameter at breast height of the tree • Discussion of the general health of the tree • Value of the tree according to the ISA tree valuation formula • Discussion of the tree’s risk • Discussion of why the tree cannot be saved, including consideration of the following techniques:  Discussion of risk management pruning  Discussion of installation of structural support system  Discussion of improving site conditions/cultural conditions  Discussion of implementing integrated pest management programs • Description of the method to be used for removal of the tree • Reason for removal of the tree • Proposed replacement tree, including species, size, location. (e) Public Notice: The applicant shall cause a notice of the proposed removal to be posted on the affected tree and in at least two conspicuous locations on the site clearly visible to and readable from public property on a form provided by the Planning Division. T he notices shall be a minimum of 8.5 x 11 inches in size. In addition, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to and directly across the street from the property on which the tree is located. Th e notice shall include the application number, a description of the proposal, including the location of the tree to be removed, contact information for the Planning Division from which additional information may be obtained and the final date for receipt of comments. A minimum of 10 days from the date of posting shall be given for comments to be received. No action shall be taken on any application until the applicant has filed an affidavit that such posting has been accomplished and the review period ha s expired. Emergency situations, as described below, are not subject to this provision. 5.A.b Packet Pg. 29 Attachment: PC Resolution for 9-6-18 (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) 5 (f) Application Review and Approval: The Planning Division shall review the application for removal of protected tree, community of protected trees or heritage tree and shall determine on the basis of the information provided and the findings listed in Section (g), below whether to approve, approve with conditions or deny the request. (g) In order to approve an application for tree removal, the following findings must be made: i. At least one of the following findings must be made: A. The tree is dead, diseased or in danger of falling B. The tree is determined to be an immediate threat to life or property C. The tree is determined to be causing damage or reasonably expected to cause damage to existing buildings or interfere with utility services D. The retention of the tree restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly situated properties, and the applicant has demonstrated to the satisfaction of the Community Development Director that there are no reasonable alternatives to preserve the tree. E. Retention of the tree would result in reduction of the permissible building envelope by more than twenty-five (25) percent, and ii. None of the tree management techniques referenced in Section (d), above are deemed feasible to save the tree. In granting any permit pursuant to this section, the Community Development Director may attach reasonable conditions to ensure compliance with the intent and purpose of the section including, but not limited to planting of replacement trees, mitigation of visual impacts and control of erosion. (h) Replacement: Any tree approved for removal under this section shall be replaced. Replacement trees shall be of the same species as the tree that was removed unless otherwise approved by the Community Development Director. Replacement tree shall be planted on the same site as the removed tree; however, if the site is inadequate in size to accommodate the replacement tree , the replacement tree may be planted on public property with the approval of the Director of Public Work s. Alternatively, the Director of Public Works, at his/her discretion, may accept an in lieu payment for the value of the removed tree to be used for tree planting in City parks. The tree value shall be established by an arborist certified by the ISA or other equivalent organization acceptable to the Director of Public Works using the ISA Tree Valuation Formula. The in lieu payment shall include funds sufficient for the care of the replacement tree during their establishment period as determined by the Director of Public Works. The number and size of replacement trees shall be based on the number and size of trees approved for removal, as indicated in Table 1, below. If the tree being replaced is a tree that was required as a part of an approved Landscaping Plan, the replacement species must be consistent with the Landscaping Plan. Otherwise, the replacement tree may be of any species included on the City’s Master Tree Planting Plan. 5.A.b Packet Pg. 30 Attachment: PC Resolution for 9-6-18 (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) 6 Table 1 REPLACEMENT TREE REQUIREMENTS Trunk Size of Removed Tree(measured at 4 1/2 feet above grade) Replacement Ratio Required (per tree removed) Circumference (inches) Number of replacement trees Minimum Size 38 to 75 2 24 inch box Greater than 75 2 36 inch box Heritage Trees 2 48 inch box If a mitigation measure for removal of a protected tree, community of protected trees or a heritage tree contained in a certified environmental document requires greater numbe rs or size of replacement trees than specified in Table 1, above, that requirement shall supercede the requirements of this Section. (i) Emergency Situations: In emergency situations caused by the hazardous or dangerous condition of a tree that poses an immediate threat to the safety of life or property, the minimum necessary actions may be taken to reduce or eliminate the hazard without complying with the other provisions of this Section, except that the person responsible for actions taken to reduce the hazard or to remove the tree shall report such action to the Community Development Department within five working days of that action. Photographs thoroughly documenting the hazardous or dangerous condition of the tree shall be taken prior to any action to reduce the immediate threat. A Tree Removal Permit, as specified in this ordinance, shall be submitted prior to removal of the tree. The required arborist report shall document the conditions that warrant removal of the tree, including the photographs referenced above. (j) Appeal. Anyone so desiring may appeal the decision of the Community Development Director by written request to the Planning Commission and payment of the appeal fee within twenty (20) days after the date of the decision of the Community Development Director. The decision of the Planning Commission on the appeal shall be final. (k) Civil Penalties for Violation. As part of a civil action brought by the city, a court may assess against any person who commits, allows, or maintains a violation of any provision of this section a civil penalty in an amount not to exceed five thousand dollars ($5,000.00) per violation. (l) Injunctive Relief. Any violation of this section shall constitute a public nuisance, and a civil action may be commenced to abate, enjoin, or otherwise compel the cessation of such violation, in addition to all other remedies set forth in this code or otherwise provided by law. 5.A.b Packet Pg. 31 Attachment: PC Resolution for 9-6-18 (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) 7 (m) Costs. To the extent the city prosecutes a violation of this section through a nuisance abatement action, the prevailing party shall be entitled to reasonable attorneys’ fees, and the city if it prevails shall be entitled to all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in abating the violation and/or in prosecuting the action. In all other civil actions brought pursuant to this section in which the city prevails, the court shall award to the city reasonable attorneys’ fees.” 5.A.b Packet Pg. 32 Attachment: PC Resolution for 9-6-18 (1828 : Z 16-05 Protected Tree Removal Permit Ordinance) Community Development Department 7351 Rosanna Street, Gilroy, California 95020-61197 Telephone: (408) 846-0451 Fax (408) 846-0429 http://www.cityofgilroy.org DATE: September 6, 2018 TO: Planning Commission FROM: Sue O'Strander, Deputy Director of Community Development SUBJECT: M 18-02 Downtown Parklet Policy 1) Request: M 18-02 proposes an amendment to the policy entitled “Placement of Street Furniture Objects in the Public Right of Way”. The particular amendment would pertain to the pilot program which allows the establishment of parklets in Downtown Gilroy. The recommended policy would eliminate the current pilot program and provide a formalized permit process for the establishment and sponsorship of public parklets. Due to staffing changes, the Planning Division is not ready to present this item to the Planning Commission. In alignment with City Council procedures, this item would be first presented to the Council for direction. Following Council direct ion, staff will return to Planning Commission with the implementation program for Planning Commission consideration. At this time, the timing is unknown, and staff requests this item to be continued to a date unknown. As appropriate and required, public notice would be provided at later date. Kristi A. Abrams DIRECTOR 5.B Packet Pg. 33 Development Activity Log Modified Date: 8/30/2018 ID DATE FILED FILE # (PROJECT #)APPLICANT AND CONTACT LOCATION DESCRIPTION STATUS PLANNER CEQA 11/26/12 A 12-01 (#12110049) 11/26/12 Z 12-09 (#12110052) 7/17/12 USA 12-01 (#12070023)Mark Hewell, Developer Phone: 408-483-2400 7/31/14 USA 14-02 (#14070058)Wren Investors, Developer Phone: 408-779-3900 8/31/16 AS 16-19 (#16080053) 9/1/16 Z 17-03 (#16080006) AS 17-14 (#17030074) TM 17-02 (#17030075) 3/16/18 V 18-01 (#18030017) AS 17-24 (#17070019)Proposed BE HP 17-02 (#17070020)Proposed ML AS 18-03 (#18010024) Z 18-01(#18010025) TM 18-01(#18010026) 10th St. and Alexander St. Alexander Station: 263 units with 2,700 SF commercial space Under Construction SK 10th St. and Alexander St. Alexander Station Art Plan Check MAD X 8 10/6/14 AS 14-39 (#14100010)D & Z Design, Architect Phone: 408-778-7005 Intersection of Anson Ct. and Evergreen Ct. 6 single-family homes and an 8,600 SF common open space area Plan Check MAD MND 9 10/28/14 AS 14-41 (#14100051)Douglas L. Gibson, Applicant Phone: 208-908-4871 Monterey Rd. and Ervin Ct.Gateway Senior Apartment, 75 units Plan Check PW MND 10 1/29/15 AS 15-01 (#15010052)Standard Pacific Homes, Applicant Phone: 925-730-1340 Bounded by Greenfield Drive, Santa Teresa Blvd, and West Luchessa Ave; 145 single-family homes within the Glen Loma Ranch Specific Plan (GLRSP) Vista Bella neighborhood Under Construction MAD X 11 3/18/15 AS 15-09 (#15030037)Brookfiled Residential, Applicant Phone: 925-743-8000 Bounded by De Anza Pl, Lopez W ay, West Tenth St, and Charles Lux Dr 51 single-family homes and a neighborhood park within the GLRSP Mataro neighborhood Tract Acceptance MAD X 12 3/18/15 AS 15-11 (#15030055)Brookfiled Residential, Applicant Phone: 925-743-8000 Bounded by Cimino St, West Luchessa Ave, West Tenth St, and Charles Lux Dr 77 single-family homes and a private open space area within the GLRSP Petite Sirah neighborhood Tract Acceptance MAD X 13 5/5/15 AS 15-20 (#15050005)Meritage Homes, Developer Phone: 707-359-2038 Hecker Pass Highway Heartland West: 95 single-family development Under Construction MAD 14 6/5/15 AS 15-24 (#15060011)Bridgit Koller, Calatlantic Homes Phone: 925-315-0366 8450 Wren Ave.70 single-family residence Under Construction MAD IS/MND 15 11/24/15 AS 15-41 (#15110035)Meta Housing Corporation, Developer Phone: 310-575-3543 111 Lewis St 4-story, 104-unit low income Apartment Complex in Cannery District Under Construction MAD X 16 02/05/16 Z 16-02 (#16020011)Meritage Homes, Developer Phone: 707-359-2038 Hecker Pass Hecker Pass Specific Plan Amendment #6 Approved by CC on 8/6/18 TWA/MAD 17 05/18/16 TM 16-02 (#16050031)R.J. Dyer Real Property Investment, Inc. Phone: 408-847-1553 Thomas Ln TM for subdividing 14 single-family residential lots Proposed KT Approved by CC on 8/6/189-lot SFR subdivision within Hecker Pass Special District (HPSD)SP 1/16/18 Hecker Pass North, LLC, Developer Phone: 408-836-9290 7 11/12/13 Jan R. Hochhauser, Architect Phone: 805-962-2746, Ext. 102AS 13-33 (#13080011) Residential Projects Involving Multiple Applications 3 Jan R. Hochhauser, Architect Phone: 805-962-2746, Ext. 102 MND8955 Monterey Rd 78-unit apartment complex with new 4,600 commercial space PWProposed 2 1 Mark Hewell, Developer Phone: 408-483-2400 Vickery & Kern Avenues Urban Service Area Amendment for annexation of 5.46 acres and prezone to Neighborhood District On Hold MAD MND MNDVickery & Kern Avenues USA of approximate 49 acres Proposed PW/MAD Hecker Pass (APN:783-04-023)73 SFR lots, 7 common spaces, and public and private streets by establishing a new PUD overlay 4 9/7/16 Meritage Homes, Developer Phone: 707-359-2038 Adam Hudson, Developer Phone: 408-271-0500 First Street and Kern Avenue 6 Residential Projects Involving Single Application BEApproved by CC on 8/6/18 Third Street X X54-story, 119-unit apartment on an approximately 148,456 lot9/9/16 9.A Packet Pg. 34 Communication: Current Planning Projects (report attached) (INFORMATIONAL ITEMS) Development Activity Log Modified Date: 8/30/2018 ID DATE FILED FILE NUMBER APPLICANT AND CONTACT LOCATION DESCRIPTION STATUS PLANNER CEQA 18 08/22/16 AS 16-32 (#16080034) Meritage Homes, Developer Phone: 707-359-2038 2730 Lone Oak Court Heartland Gardens: 73 single-family residence Under Construction MAD 19 08/25/16 AS 16-33 (#16080044)City of Gilroy W.Luchessa Ave and Miller Ave.New Glen Loma Ranch Fire Station Proposed MAD X 20 10/25/16 AS 16-47 (#16100026)Walid Nazzal, Architect Phone: 408-772-6096 8755 Wild Iris Dr.Single Family Hillside Home Plan Check JL X 21 02/28/17 AS 17-07 (#17020041)Stephen Machado, Developer Phone: 408-781-6451 7224 Church St.New 2,008 SF duplex home Under Construction JL X 22 09/04/16 AS 17-12 (#17030051)Tim Filice, Developer Phone: 408-847-4224 North of Santa Teresa Blvd 125-unit townhomes at GLR Town Center Multi-Family Area Proposed MAD 23 09/04/16 TM 17-01 (#17030052)Tim Filice, Developer Phone: 408-847-4224 North of Santa Teresa Blvd Tentative Maps for GLR Town Center Multi-Family Area CC Approved on 5/8/18 MAD 24 09/04/16 Z 17-02 (#17030053)Tim Filice, Developer Phone: 408-847-4224 North of Santa Teresa Blvd Glen Loma Ranch Specific Plan update Proposed MAD 25 03/21/17 AS 17-13 (#17030062)James Baldwin, Architect Phone: 408-448-2012 1820 Carob Ct.Single-Family Hillside Home Plan Check JL X 26 03/30/17 AS 17-15 (#17030085)D & Z Design, Architect Phone: 408-778-7005 Eagle Ridge 16-lot single-family hillside residential development in Eagle Ridge Plan Check PW X 27 04/03/17 AS 17-16 (#17040001)D & Z Design, Architect Phone: 408-778-7005 2140 Hollyhock Ln Single-Family Hillside Home Approved on 7/16/18 JL X 28 04/19/17 AS 17-18 (#17030040)Oscar Medrano, Developer Phone: 831-801-0242 250 Gurries Rd An additional 2,846 SF duplex to an existing single-family residence Plan Check JL X 29 04/26/17 AS 17-19 (#17040037)Alexander Angkawijaya, Architect Phone: 408-431-2952 8735 Wild Iris Dr.Single-Family Hillside Home Plan Check JL X 30 9/12/17 AS 13-26 (#13090024)Meritage Homes, Developer Phone: 707-359-2038 Cohansey and Monterey Rd Cohansey Bridge Addendum Initial Study/Negative Declaration Under Construction MAD MND 31 9/27/17 AS 17-31 (#17090038)Richard Hartman, Architect Phone: 408-995-0496 660 Birdsong Street 1,320 SF, two story addition to a single-family residence Plan Check SK X 32 10/25/17 AS 17-34 (#17100048)D & Z Design, Architect Phone: 408-778-7005 2282 Gunnera Ct.Single-Family Hillside Home Proposed JL X 33 10/25/17 AS 17-35 (#17100050)Cameron Waston, Developer Phone: 408-690-3037 8565 Strawberry Ln Single-Family Hillside Home Proposed KT X 34 12/15/17 AS 17-37 (#17120021)Caleb Roope, Applicant Phone: 530-906-6967 Santa Teresa Blvd 158-unit apartment project at Glen Loma Ranch Proposed MAD 35 01/17/18 AS 18-04 (#18010027)D & Z Design, Architect Phone: 408-778-7005 8955 Mimosa Ct.Single-family hillside home Plan Check JL X 36 01/25/18 TM 13-03 ((#13040049)RJA: Chris Patton Phone: 408-848-0300 Southwest of Santa Teresa Blvd, south of the Ballybunion Dr/Santa Teresa Blvd TM 13-03 Time Extension for Kroeger Subdivision: Six SFR lots, three open space parcels, and a private street CC approved on 6/19/18 MAD X 37 02/01/18 AS 18-05 (#18020002)RJA: Chris Patton Phone: 408-848-0300 East of Miller Ave. between Stanta Terasa Blvd and West of Luchessa Ave A private park: a trail, a dog park, and other amentities in GLR Approved on 6/6/18 MAD X 38 02/16/18 AS 18-06 (#18020025)D & Z Design, Architect Phone: 408-778-7005 9175 Tea Tree Way Single Family Hillside Home Plan Check JL X 39 03/23/18 TM 13-11 (#13110031) & AS 13-35 (#13110032) William J. McClintock, Engineer; Phone: 408-779-7381 Southeast corner of Santa Teresa Blvd and 1st St Time extension request for 202 townhome units CC Approved on 6/18/18 PW X 40 05/04/18 AS 18-10 (#18050024)Tony Rivellini, Owner Phone: 408-607-3248 1981 Lavender Way 3,715 SF Single-Family Hillside Home Proposed JL X 41 06/11/18 TM 18-02 (#18060015)RJA: Chris Patton Phone: 408-848-0300 North of Santa Teresa, east of Syrah Dr, and west of Miller Ave. TM for three neighborhoods in GLR: Nebbiolo – 103 SF lots; Malvasia – 46 compact SF lots; and The Glen – 23 SF lots Proposed MAD 9.A Packet Pg. 35 Communication: Current Planning Projects (report attached) (INFORMATIONAL ITEMS) Development Activity Log Modified Date: 8/30/2018 ID DATE FILED FILE NUMBER APPLICANT AND CONTACT LOCATION DESCRIPTION STATUS PLANNER CEQA 42 06/20/18 AS 18-12 (#18060023)Baljeet Singh, Applicant Phone: 408-438-8817 1727 Wasabi Way New patio cover in a residential Planned Unit Development (PUD)Approved on 7/20/2018 PW X 43 06/24/18 MA 18-01 (#18070056)Deng Liu, Owner Phone: 608-695-3621 222 Martin St.Mills Act application Proposed PW X 44 07/09/18 AS 18-13 (#18070015)D & Z Design, Architect Phone: 408-778-7005 2243 Banyan Couty 4,428 SF Single-Family Hillside Home Proposed JL X 45 08/09/18 AS 18-14 (#18080026)Sergio Perez, Project manager Phone: 925-730-1373 Merlot Dr (APN: 808-18-014 & 018)Provence (Formerly Wild Chestnut) Neighborhood in Glen Loma Ranch: 43 sinlge-family detached homes Proposed MAD X 46 08/16/18 AS 18-16 (#18080044)Sergio Perez, Project manager Phone: 925-730-1373 Syrah Ct (APN: 808-43-005)Burgundy (Formerly Home Ranch) Neighborhood in Glen Loma Ranch: 52 sinlge-family detached homes Proposed MAD X 47 08/16/18 AS 18-17 (#18080045)Sergio Perez, Project manager Phone: 925-730-1373 South of Solorsano Middle School; East of Santa Teresa Blvd (APN: 808-18-017) Margaux (Formerly Montonico) Neighborhood in Glen Loma Ranch: 84 sinlge-family detached homes Proposed MAD X ID DATE FILED FILE NUMBER APPLICANT AND CONTACT LOCATION DESCRIPTION STATUS PLANNER CEQA 08/31/16 AS 16-38 (#16080053) 09/01/16 CUP 16-04 (#16080006) 09/11/16 AS 17-25 (#17070046)Proposed KT 09/11/16 M 17-07 (#17050003)Proposed 09/11/16 HP 17-04 (#17070047)Proposed ML 05/04/18 AS 18-09 (#18050017) 05/04/18 Z 18-04 (#18050018) 51 12/11/14 AS 14-46 (#14120015)Kevin Nijjar, Developer Phone: 559-264-5650 5975 Travel Park Circle Hampton Inn: 4-story, 100-room hotel with basement parking garage Under Construction KT IS/MND 52 10/26/15 AS 15-37 (#15100042)George Ramstad, Architect Phone: 408-842-9942 7320, 7330, 7340 Monterey Renovation of a downtown URM building Approved on 5/26/17 SO X 53 05/25/16 AS 16-20 (#16050055)Jim Rubnitz, Developer Phone: 408-813-6416 6901 Cameron Blvd 7,018 SF Chevron carwash, retail and canopy Plan Check BE X 54 09/12/16 AS 16-40 (#16090017)Trac N. Vu, Developer Phone: 408-506-0739 850 Pacheco Pass Highway New 4,975 SF fueling canopy and underground tanks replacement Plan Check BE X 55 01/26/17 AS 17-02 (#17010029)Hecker Pass Commercial, LLC, Developer Phone: 408-836-9290 2475 Hecker Pass Commercial and residential mixed use in HPSD CC Approved on 7/2/18 TWA IS/MND 56 03/24/17 AS 17-03 (#17020027)Mobilitie, Applicant Phone: 209-470-0861 7381 Eigleberry St.Antennas installation on an existing utility pole within public right-of- way Under Construction JL X 57 4/17/2017 AS 17-17 (#17040010)Mobilitie, Applicant Phone: 209-470-0861 601 Leavesley Rd Antennas installation on an existing utility pole within public right-of- way Under Construction JL X 58 05/12/17 AS 17-21 (#17050016)Tony Ho, Developer Phone: 310-844-6521 8425 Monterey Rd Tenant improvement to convert a warehouse use to an auto repair use Approved 3/8/18 BE X 59 09/01/17 AS 17-28 (#17090001)Jack Huang, Developer Phone: 408-423-9138 7151 Monterey Rd URM retrofit and two story addition for a 2-unit apartment Proposed PW X 60 10/04/18 M 17-24 (#17100010)Mark Sanchez, Applicant Phone: 408-842-7000 6970 Camino Arroyo Traffic Sensitivity Analysis for proposed commercial development at the Southeast corner of Camino Arroyo and SR 152 Proposed MAD 61 10/25/17 DUP 17-03 (#17100049)Greg Jaso, Developer 7373 Monterey Rd Lonely Oak Brewery Plan Check JL X Automall Pkwy Freeway-oriented electronic message pylon sign, 80 feet in height, for Gilroy Auto Mall Proposed Chris Vanni, Applicant Phone: 408-847-919049 2256 Coral Bell Ct Installation of a new AT&T wireless antenna facilityPaul Strom, Applicant Phone: 734-812-8741 Proposed SK Commercial Projects Involving Multiple Applications 48 Commercial Projects Involving Single Application Northwest of First Street and Kelton Avenue Approximate 12,000 SF commercial complex PW50Arroyo Sign, c/o: Richard Luchini Phone: 510-715-5488 9.A Packet Pg. 36 Communication: Current Planning Projects (report attached) (INFORMATIONAL ITEMS) Development Activity Log Modified Date: 8/30/2018 ID DATE FILED FILE NUMBER APPLICANT AND CONTACT LOCATION DESCRIPTION STATUS PLANNER CEQA 62 11/14/17 DUP 17-04 (#17110012)Eric Ingram, Applicant Phone: 408-482-1462 7419 Monterey Rd Promise Land Brewery Under Construction JL X 63 01/09/18 AS 18-02 (#18010014)Anna Doan, Applicant Phone: 909-467-8914 727 1st St.McDonald's restaurant remodel Under Construction MAD X 64 06/20/18 AS 18-12 (#18060018)Pam Kearney, Agent Phone: 866-504-3888 Ext. 106 8390 Arroyo Circle McDonald's restaurant remodel Proposed JL X 65 07/30/18 CUP 18-02 (#18070065)Grant Bennett, Applicant Phone: 408-847-6000 8455 Wren Ave Conditional use permit for a pre-school at an existing church Proposed JL X 66 08/08/18 Z 18-06 (#18080019)George L. Renz, Applicant Phone: 408-846-1031 Bolsa Rd (APN: 841-31-003 & 022)Zone Map Change request from Open Space to Commercial Industrial Proposed MAD 67 08/27/18 AS 18-19 (#18080070)Jeffrey Eaton, Applicant Phone: 408-691-8998 770 1st St.New 4,016 s.f. commercial building with drive-through Proposed X ID DATE FILED FILE NUMBER APPLICANT AND CONTACT LOCATION DESCRIPTION STATUS PLANNER CEQA 08/24/17 GPA 17-01 (#17080047)Conversion of the Silacci cut-through road to be a cul-de-sac CC approved on 7/2/18 SP 01/09/18 AS 18-01 (#18010011)Two single-story warehouse buildings totaling 173,740 SF Proposed KT 03/07/18 AS 18-07 (#18030006)81,950 SF self-storage development within 7 buildings PW 03/07/18 HP 18-04 (#18030007)HCP application for the self-storage development DJP AS 18-15 (#18060028)Hanna & Brunetti, Applicant Arch & Site review for site improvements CUP 18-03 (#18080029)Phone: 408-842-2173 Conditional use permit for a concrete recycling facility 71 10/12/15 AS 15-34 (#15100018)Carl Salinas/Hanna & Brunetti/Lon Davis Phone: 408-842-2173 360-380 Obata Two industrial lots -- construction storage yards Approved on 1/22/18 KT X 72 06/28/16 AS 16-25 (#16060050)Vince Rivero, Architect Phone: 408-813-2010 6705 Silacci Way 91,045 SF for contractor truck parking and equipment yard Approved on 3/19/18 BE X 73 09/14/16 AS 16-41 (#16090019)YISRAEL 26, LLC, Applicant Phone: 408-921-1882 9080 San Ysidro Ave 114,035 SF self-storage facility Under Construction MAD X 74 10/21/16 AS 16-46 (#16100023)Performance Food Group, LLC Phone: 415-200-9460 5480 Monterey Road Construction of a grocery and dry goods distribution center that includes a 347,651 square-foot warehouse Under Construction SR EIR 75 03/06/17 AS 17-08 (#17030017)Gilroy Storage LLC, Developer Phone: 530-886-8558 6500 & 6700 Cameron Blvd. 40,125 SF addition to an existing self-storage facility Plan Check BE X 76 07/11/17 AS 17-23 (#17070011)Lon Davis, Architect Phone: 408-778-2525 5727 Obata Way A 10,500 SF industrial building with warehouse and steel fabrication Approved on 7/20/18 KT X 77 03/09/17 AS 17-04 (#17020009)Steve Devich, Architect Phone: 650-308-5278 205 Mayock Rd.10,000 SF addition to an existing industrial building Under Construction BE X 78 09/28/17 AS 17-32 (#17090040)Jeffrey Eaton, Applicant Phone: 408-691-8998 904 Holloway Rd 9,971 SF addition to an existing laundary facility Proposed KT X 79 10/11/17 AS 17-33 (#17100019)Robert DeGrasse, Applicant Phone: 209-575-1415 8333 Swanston Ln Germains Seed:15,800 SF addition to an existing industrial building Under Construction SP X 80 04/06/18 AS 18-08 (#18040008)Conner Secrest, Applicant Phone: 916-693-2285 601 Renz Ln Replacement of 10-foot fence and gate for a PG&E site Approved on 7/12/18 JL X 81 05/01/18 CUP 18-01 (#18050004)Godon D. Warner, Applicant 5987 Obata Way Condition use permit for expansion of an existing recycling facity Proposed KT X Industrial Projects Involving Multiple Applications Industrial Projects Involving Single Application 68 McCarthy Gilroy LLC, Developer Phone: 408-356-2300 6503 Cameron Blvd & 1001 Ventura Way 70 08/10/18 305 Obata Ct 69 Robert DeGrasse, Architect Phone: 209-575-1415 1000 Gilman Rd (APN: 841-018-086)Withdrawn Proposed KT 9.A Packet Pg. 37 Communication: Current Planning Projects (report attached) (INFORMATIONAL ITEMS) Development Activity Log Modified Date: 8/30/2018 82 08/20/18 AS 18-18 (#18080051)Lon Davis, Architect Phone: 408-778-2525 Mayock Rd (APN: 841-76-031)New 16,340 s.f industrial warehouse building Proposed JL X ID DATE FILED FILE NUMBER APPLICANT AND CONTACT LOCATION DESCRIPTION STATUS PLANNER CEQA A 01/18/18 HP 18-02 (#18010034)Christ Patton, Applicant Phone: 408-848-0300 Southwest of of Santa Teresa Blvd (APN: 808- 18-003 & 808-19-006)Habitat Plan application for Miller realignment in GLR Proposed DJP X B 04/02/18 HP 18-05 (#18040001)Amanda Musy-Verdel, Applicant Phone: 408-842-2173 Eagle Ridge Ct Habitat Plan application for 18 single-family residence development Proposed DJP X C 04/19/18 HP 18-07 (#18040033)RJA: Ross Doyle, Applicant 408-848-0300 North of Hecker Pass Highway Habitat Plan application for Hecker Pass North Cluster Proposed DJP X D 06/14/18 HP 18-09 (#18060019)Gilroy Storage LLC, Developer Phone: 530-886-8558 6500 Cameron Blvd.Habitat Plan application for expansion of Gilroy Self-Storage Proposed DJP X E 06/19/18 HP 18-10 (#18060019)D & Z Design, Applicant Phone: 408-778-7005 2140 Hollyhock Ln Habitat Plan application for a single-family hillside home Proposed DJP X F 06/26/18 HP 18-11 (#18060032)City West Hwy 101 between 6th St. and Leavesley Rd Habitat Plan application for Ronan Channel Trail Proposed DJP X G 06/27/18 HP 18-12 (#18060034)D & Z Design, Architect Phone: 408-778-7005 8955 Mimosa Ct.Habitat Plan application for a single-family hillside home Proposed DJP X H 08/17/18 HP 18-16 (#18080046)City First Street Habitat Plan application for City 1st Street water line construction project Proposed DJP X I 02/28/18 M 18-05 (#18020037)Meritage Homes, Developer Phone: 707-359-2038 Cohansey and Monterey Rd Public art at the entrance of Harvest Park Phase II Plan Check MAD X J 07/13/13 GPA 13-02 (#13100001)City 2040 General Plan Update Proposed SK X K 12/02/15 GPA 15-02 (#15120002), Z 15-12 (#15120004)City High Speed Rail Station Area Plan Proposed KA X L 12/14/15 Z 15-16 (#15120033)City Zone Text Amendment - Administrative Hearing Process Proposed SO X M 09/02/16 M 16-10 (#16090007)City CEQA analysis of 10th Street bridge project Proposed MAD X N 03/21/18 Z 18-03 (18030026)City Zone ordinance amendment for 1st story office use in DHD Proposed PW X O 01/24/18 M 18-02 (#18010039)City Parklet policy Proposed SO X P 04/19/18 M 18-10 (#18040031)City RFP assessment for a Historci Resources Inventory Complete PW X Q 05/01/18 M 18-11 (#18050005)City ROW agreement with Mobilitie for two new antennas in ROW Approved by CC on 8/6/18 SK X R 06/27/18 M 18-13 (#18060036)City Historical Resource Inventory Proposed PW X S 07/12/17 M 18-15 (#18070027)City On-Call Planning Consultant RFP Proposed PW X T 07/16/18 M 18-16 (#18070049)City Civil Grand Jury Response Proposed SK X U 07/16/18 M 18-17 (#18070050)City Cities Association RHNA Sub-Region Proposed SK X V 08/02/18 M 18-18 (#18080001)City Special Events Permit/Temporary Use Permit Proposed MAD X City Ordinance Amendment, Policy Amendment & Other Projects 9.A Packet Pg. 38 Communication: Current Planning Projects (report attached) (INFORMATIONAL ITEMS) Development Activity Log Modified Date: 8/30/2018 ID DATE FILED FILE NUMBER APPLICANT AND CONTACT LOCATION DESCRIPTION STATUS PLANNER CEQA W 08/08/18 M 18-19 (#18080017)City RFP for Mills Act Proposed PW X X 08/21/18 M 18-20 (#18080052)City Live-work unit study Proposed KT X Y 08/21/18 M 18-21(#18080053)City Accessory dwelling unit study Proposed KT X Z 08/21/18 M 18-22(#18080054)City High Speed Rail Gilroy Alignment study Proposed KT X RECENT ACTION TAKEN NEW PROJECTS TM = Tentative Map KA = Kristi Abrams, 408-846-0451 TUP = Temporary Use Permit Kristi.Abrams@cityofgilroy.org USA = Urban Service Area Amendment MAD = Melissa Durkin, 408-846-0451 V = Variance Melissa.Durkin@cityofgilroy.org Z = Zone Change SK = Stan Ketchum, 408-846-0451 EIR = Environmental Impact Report Stan.Ketchum@cityofgilroy.org GPA = General Plan Amendment A-EIR = Environmental Impact Report Addendum JL = Jia Liu, 408-846-0471 HP = Habitat Plan Permit IS/MND = Initial Study/Mitigated Negative Declaration Jia.Liu@cityofgilroy.org Environmental Quality Act) or a project previously MD = Minor Deviation Approved = Application approved through Planning review process JC = Jim Carney, RGS RDO = Residential Development Ordinance Plan Check = Application under building permit plan check review 408-846-0209 or Jim.Carney@cityofgilroy.org Under Construction = Application building permit issued and under construction SP = Stuart Poulter, EMC Planning Group 831-649-1799, #216 or poulter@emcplanning.com TWA = Teri Wissler Adam, EMC Planning Group 831-649-1799 #203 or wissler@emcplanning.com SR = Sally Rideout, EMC Planning Group 831-649-1799, # 210 or rideout@emcplanning.com 408-248-3500 or mlisenbee@davidjpowers.com SPE = Small Project Exemption DJP = David J. Powers & Associates Contract PlannerM = Miscellaneous Planning Staff SO = Sue O'Strander, 408-846-0219 Sue.OStrander@cityofgilroy.org DSPE = Downtown Specific Plan Exemption DTSUP = Downtown Special Use Permit PW = Pamela Wu, 408-846-0253 Pamela.W u@cityofgilroy.org AHE = Affordable Housing Exemption CUP = Conditional Use Permit Kraig Tambornini, 408-846-0214 Kraig.Tambornini@cityofgilroy.org A = Annexation AS = Architectural & Site Planning Applications and Abbreviations 9.A Packet Pg. 39 Communication: Current Planning Projects (report attached) (INFORMATIONAL ITEMS) City of Gilroy COMMUNITY DEVELOPMENT DEPARTMENT 7351 Rosanna Street, Gilroy CA 95020 (408) 846-0451 (408) 846-0429 (fax) www.cityofgilroy.org Home Occupations: Date Applicant Address Project Description 6/1/18 Chris Garman 2110 Mantelli Office for Fence Construction 6/1/18 Gustavo A. Guzman 7381 Maple Street Office for Mobile Carwash 6/7/18 Ron Harris 1232 Wagon Way Office for General Construction 6/7/18 Melinda Serles 9731 Zuni Lane Office for Retail Services 6/13/18 Leticia Burke 766 Welburn Ave. Office for Therapeutic Massage Services 6/15/18 Rosanne Meza 725 Creekside Ct. Office for Air Machine Services 6/18/18 Ranna Rose 8873 Rancho Hills Dr. Office for Organizing Services 6/19/18 Jose Quintanar 100 Liman Ave. Office for Home Repair Services 6/20/18 Sara Cervantes 1959 Saint Andrews Office for Retail Services 6/22/18 Shana Songmouang Hansen 71 Sturla Way Office for Fire Protection Services 6/26/18 Nicholas E. Muniz 6135 Teal Ct. Office for Photography Services 6/26/18 Antoanette Meek 7551 Santa Barbara Office for Cleaning Services 6/29/18 Leon Clinton 7906 Westwood Dr. G124 Office for Consulting Services 7/5/18 Rebecca Warren 8155 Westwood Dr.#13 Office for Grooming Services 7/6/18 Roselia Lazaro 500 100F Ave. Apt #92 Office for Residential Cleaning Services 7/6/18 Cesar Vasconcelos 7256 Hanna St. Office for Web Design Services 7/16/18 Carlos D. Lopez 732 Gettysburg Way Office for Construction Services 7/18/18 Sunny Kavil 9612 Cooper Place Office for Vegetable Delivery Services 7/23/18 Eric Jardine 8950 Acorn Way Office for Landscaping Services 7/24/18 Rolando Rodriguez 7134 Hanna St. Office for Handyman Services 7/27/18 Suzanne Wood 5812 Cajon Way Office for Music Lesson Services 7/30/18 Timonthey Williams 1236 Hogan Way Office for Furniture Logistics Services 7/30/18 Dagmar Wartenberg 2815 Taymouth Way Office for Web Design Services 7/30/18 Geraldine Mercante 7614 Alister Court Office for Online Retail Services 7/31/18 Amanda Barretto 1620 Welburn Ave. Office for Bookkeeping Services 8/8/18 April Gaylord 1035 Clark Way Office for Dance Instruction 8/9/18 Serena Chapman 480 Canopy Court Office for Contracting Services 8/10/18 April Turner 1540 Quail Walk Dr. Office for Retail Business Services 8/10/18 John Rocci 875 W. 8th Street Office for Online Retail Services 8/13/18 Brian Husted 1450 Falcon Court Office for General Contracting Services 8/13/18 Frank Comin 1331 Kentwood Court Office for Mobile Auto Repair Services 8/15/18 Nick Firato 6609 Bogiala Way Office for Online Retail Services 8/16/18 Ana Perez 875 Dearborn Place Office for Home Cleaning Services 9.B Packet Pg. 40 Communication: Planning Staff Approvals (report attached) (INFORMATIONAL ITEMS) City of Gilroy COMMUNITY DEVELOPMENT DEPARTMENT 7351 Rosanna Street, Gilroy CA 95020 (408) 846-0451 (408) 846-0429 (fax) www.cityofgilroy.org 8/20/18 Denise Brolin 1205 Third Street Office for CPA Practice Services 8/22/18 Michael Little 1110 Peterson Drive Office for Consultation Services 8/22/18 Jeff Bentz 235 Victoria Drive Office for Photography Services 8/23/18 Adam Fortino 755 Lisa Court Office for EMS/CPR Training Services 9.B Packet Pg. 41 Communication: Planning Staff Approvals (report attached) (INFORMATIONAL ITEMS) City of Gilroy COMMUNITY DEVELOPMENT DEPARTMENT 7351 Rosanna Street, Gilroy CA 95020 (408) 846-0451 (408) 846-0429 (fax) www.cityofgilroy.org Architectural & Site Approvals: Date Approved File No. Applicant Address Project Description Date Approved File No. Applicant Address Project Description 08/06/18 AS 17-14 Meritage Homes Third Street 9-lot SFR subdivision within Hecker Pass Special District (HPSD) 08/06/18 AS 18-03 Hecker Pass North, LLC Hecker Pass (APN: 783-04-023) 73 SFR lots, 7 common spaces, and public and private streets by establishing a new PUD overlay 07/16/18 AS 17-16 D&Z Design, Architect 2140 Hollyhock Lane Single Family Hillside Home 6/6/18 AS 18-05 RJA: Chris Patton East of Miller Ave. between Santa Teresa Blvd and West of Luchessa Ave. A private park: a trail, a dog park, and other amenities 6/18/18 AS 13-35 William J. McClintock Southeast corner of Santa Teresa Blvd. and 1st Street Time extension request for 202 townhome units 07/20/18 AS 18-12 Baljeet Singh 1727 Wasabi Way New patio cover in a residential Planned Unit Development (PUD) 7/2/18 AS 17-02 Hecker Pass Commercial, LLC. 2475 Hecker Pass Commercial and residential mixed use in HPSD 7/20/18 AS 17-23 Lon Davis, Architect 5727 Obata Way A 10,500 SF Industrial Building with warehouse and steel fabrication 7/12/18 AS 18-08 Conner Secrest 601 Renz Lane Replacement of 10-foot fence and gate for a PG&E site AS 17-04 Steve Devich 205 Mayock Ct Remodel for 10,000 SF added 9.B Packet Pg. 42 Communication: Planning Staff Approvals (report attached) (INFORMATIONAL ITEMS)