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04/01/2021 Planning Commission Regular Agenda Packet Regular Planning Commission Meeting Agenda April 1, 2021 6:30 P.M. PLANNING COMMISSION MEMBERS Chair: Tom Fischer: tom.fischer@cityofgilroy.org Andrew Ridley: andrew.ridley@cityofgilroy.org Joan Lewis: joan.lewis@cityofgilroy.org Fabian Morales Medina: fabian.morales@cityofgilroy.org Vice Chair: John Doyle: john.doyle@cityofgilroy.org Manny Bhandal: manny.bhandal@cityofgilroy.org PLANNING COMMISSION MEETING MATERIAL IS AVAILABLE ON THE CITY WEBSITE www.cityofgilroy.org VIEW THE MEETING LIVE ON THE CITY WEBSITE www.cityofgilroy.org. PUBLIC PARTICIPATION IN THIS MEETING WILL BE LIMITED. MEMBERS OF THE PUBLIC ARE ENCOURAGED TO PARTICIPATE BY EMAILING ALL PUBLIC COMMENTS TO CHRISTINA RUIZ AT christina.ruiz@cityofgilroy.org OR BY LEAVING A VOICE MESSAGE COMMENT BY CALLING (408) 846-0269, PRIOR TO 5:00 P.M. APRIL 1, 2021. THE APRIL 1, 2021 MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDER N-29-20 In order to minimize the spread of the COVID 19 virus, the City will be offering telephone and email options for public comments at this meeting. The public is encouraged to participate in this meeting by telephone or email as follows: You are strongly encouraged to watch the meeting live on the City of Gilroy’s website at www.cityofgilroy.org or on Cable Channel 17. To view from the website, select the Council Agendas and Videos button from the home page. PUBLIC COMMENTS WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE PLANNING COMMISSION.COMMENTS MAY BE EMAILED TO THE CLERK PRIOR TO OR DURING THE MEETING AT christina.ruiz@cityofgilroy.org AND MUST BE RECEIVED BEFORE THE CHAIR OPENS PUBLIC COMMENT FOR THE ITEM. ADDITIONALLY, COMMENTS MAY BE MADE BY LEAVING A VOICE MESSAGE AT (408) 846-0269, PRIOR TO 5:00 P.M. APRIL 1, 2021. IMPORTANT: identify the Agenda Item Number or PUBLIC COMMENT in the subject line of your email. The Clerk will read the first three minutes of each email into the public record. In compliance with the Americans with Disabilities Act, and Governors Order N -29-20, 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 Community Development Department a minimum of 2 hours prior to the meeting at (408) 846-0269. 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. 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 on the City website at www.cityofgilroy.org I. PLEDGE OF ALLEGIANCE II. REPORT ON POSTING THE AGENDA AND ROLL CALL III. PUBLIC COMMENTS: (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 that 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. IV. CONSENT AGENDA 1. February 4, 2021 - Planning Commission Meeting Minutes V. PUBLIC HEARINGS A. AS 21-01, Forest St. Industrial Building, located at 8805 Forest St. (APN 835 -31- 031) 1. Staff Report: Miguel Contreras, Planner I 2. Open Public Hearing 3. Close Public Hearing 4. Planning Commission Disclosure of Ex-Parte Communications 5. Possible Action: Staff has analyzed the proposed project, and recommends that the Planning Commission: a) adopt a resolution approving the Architectural and Site Review Permit AS 21-01 (#2102005), as requested, subject to certain findings and conditions. (Roll Call Vote) VI. NEW BUSINESS - NONE VII. INFORMATIONAL ITEMS A. General Plan Annual Report and Annual Progress Report 1. Staff Report: Cindy McCormick, Senior Planner 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Accept the report as an informational item. No action is required. B. Commission Training: Decision Making 101 1. Staff Report: Cindy McCormick, Senior Planner 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: No Action is needed. This item is informational only. C. March 9, 2021 Planning Division Current Project Log VIII. PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION IX. REPORTS BY COMMISSION MEMBERS Commissioner Manny Bhandal - South County Joint Planning Advisory Committee Commissioner John Doyle - Bicycle Pedestrian Commission Commissioner Joan Lewis - Street Naming Committee Commissioner Fabian Morales Medina- Historic Heritage Committee Commissioner Andrew Ridley - Gilroy Downtown Business Association X. PLANNING DIVISION REPORT XI. ASSISTANT CITY ATTORNEY REPORT XII. ADJOURNMENT to the Next Meeting of May 13, 2021 at 6:30 P.M. Planning Commission Regular Meeting of FEBRUARY 4, 2021 I. PLEDGE OF ALLEGIANCE II. REPORT ON POSTING THE AGENDA AND ROLL CALL Attendee Name Title Status Arrived Manny Bhandal Planning Commissioner Present John Doyle Vice Chair Present Reid Lerner Planning Commissioner Present Joan Lewis Planning Commissioner Present Fabian Morales Planning Commissioner Present Andrew Ridley Planning Commissioner Present Tom Fischer Chair Present III. PUBLIC COMMENTS IV. CONSENT AGENDA 1. December 3, 2020 Regular Planning Commission Meeting Minutes Motion made by Commissioner Morales Medina, seconded by Commissioner Bhandal to consent the minutes from the Regular Meeting on December 3, 2020. Roll Call Vote: Aye's: Bhandal, Doyle, Lerner, Lewis, Morales Medina, Ridley, Fischer No's: None Abstain: None Absent: None Motion Passes 7-0-0-0 V. PUBLIC HEARINGS A. Staff has analyzed the proposed project, and recommends that the Planning Commission: Adopt a resolution approving Conditional Use Permit CUP 2 0-01 (20050042), Conditional Use Permit for the expansion of an existing self -storage facility at 8900 Murray, subject to certain findings and conditions . Adopt a resolution approving Architectural & Site Permit AS 20 -09 (20050041), Architectural & Site Review for the expansion of an existing self-storage facility at 8900 Murray, subject to certain findings and conditions. (Roll Call Vote) 1. Staff Report: Kraig Tambornini, Senior Planner 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Kraig Tambornini, Senior Planner presented the report. 4.1 Packet Pg. 4 Communication: February 4, 2021 - Planning Commission Meeting Minutes (CONSENT AGENDA) Comments were received by Commissioner Lerner, Doyle, and Fischer. Chair Fischer opened public hearing. Public comment was received by public member, Tom Muniz. Chair Fischer closed public hearing. Planning Commission Disclosure of Ex-Parte Communications: No Ex-Parte Communication by Commissioners. Motion was made by Commissioner Bhandal, seconded by Commissioner Fischer to adopt a resolution approving the Conditional Use Per mit CUP 20-01, Conditional Use Permit for the expansion of an existing self-storage facility at 8900 Murray, subject to certain findings and conditions. Yes: Bhandal, Lewis, Morales Medina, Fischer No: Doyle, Lerner, Ridley Abstain: None Absent: None Motion passes 4-3-0-0 Motion was by Commissioner Lewis and seconded by Commissioner Bhandal to adopt a resolution approving Architectural & Site Permit AS 20 -09, Architectural & Site Review for the expansion of an existing self-storage facility at 8900 Murray, subject to certain findings and conditions. Yes: Bhandal, Lewis, Morales Medina, Fischer No: Doyle, Lerner, Ridley Abstain: None Absent: None Motion passes 4-3-0-0 VI. NEW BUSINESS A. Selection of Planning Commission Chair and Vice-Chair for 2021 1. Staff Report: Christina Ruiz, Management Assistant 2. Public Comment 3. Possible Action: Selection of Chair and Vice-Chair Commissioner Lerner nominates Chair Fischer for the position of Chair. Motion was made by Commissioner Lerner, seconded by Commissioner Le wis for Tom Fischer to continue as Chair of the Planning Commission. Roll Call Vote: Aye's: Bhandal, Doyle, Lerner, Lewis, Morales Medina, Ridley, Fischer 4.1 Packet Pg. 5 Communication: February 4, 2021 - Planning Commission Meeting Minutes (CONSENT AGENDA) No's: None Abstain: None Absent: None Commissioner Lerner nominates John Doyle for the position of Vice Chair. Motion was made by Lerner, seconded by Lewis for John Doyle as Vice Chair for the Planning Commission. Roll Call Vote: Aye's: Bhandal, Doyle, Lerner, Lewis, Morales Medina, Ridley, Fischer No's: None Abstain: None Absent: None B. 2021 Planning Commission Task Force/Committee Assignments 1. Staff Report: Christina Ruiz, Management Assistant 2. Public Comment 3. Possible Action: Review Planning Commission assignments and make adjustments as necessary. The Commission determined new Committee and Task F orce Assignments. Commissioner Manny Bhandal - South County Joint Planning Advisory Committee Commissioner John Doyle - Bicycle Pedestrian Commission Commissioner Joan Lewis - Street Naming Committee Commissioner Reid Lerner - High Speed Rail Advisory Committee Commissioner Fabian Morales Medina- Historic Heritage Committee Commissioner Andrew Ridley - Gilroy Downtown Business Association Motion was made by Chair Fischer, seconded by Commissioner Doyle to accept the new assignments discussed. C. 2021 Gilroy City Council Meeting Planning Commission Presentation Schedule 1. Staff Report: Kraig Tambornini, Senior Planner 2. Public Comment 3. Possible Action: Review the presentation meeting schedule and select dates. Karen Garner, Community Development Directo r presented a brief report. The Commission discussed and selected two dates in October to provide a presentation to City Council to highlight accomplishments of the year and any work plan items they like to address. The selected dates are: October 4th as first choice and October 18th second choice. VII. INFORMATIONAL ITEMS 4.1 Packet Pg. 6 Communication: February 4, 2021 - Planning Commission Meeting Minutes (CONSENT AGENDA) A. January 28, 2021 Planning Division Current Project Log Karen Garner, Community Development Director provided an update on the Housing Element and advised the Commission a report will be presented to City Council in March. VIII. PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION No report. IX. REPORTS BY COMMISSION MEMBERS Commissioner John Doyle - Bicycle Pedestrian Commission; No report. Commissioner Fabian Morales Medina - Historic Heritage Committee; Meeting was held on January 20, 2021 and two new members joined the committee. X. PLANNING DIVISION REPORT No report. XI. ASSISTANT CITY ATTORNEY REPORT No report. XII. ADJOURNMENT to the Next Meeting of March 11, 2021 at 6:30 P.M. Christina Ruiz, Management Assistant 4.1 Packet Pg. 7 Communication: February 4, 2021 - Planning Commission Meeting Minutes (CONSENT AGENDA) Karen L. Garner DIRECTOR Community Development Department 7351 Rosanna Street, Gilroy, California 95020-61197 Telephone: (408) 846-0451 Fax (408) 846-0429 http://www.cityofgilroy.org DATE: April 1, 2021 TO: Planning Commission FROM: Miguel Contreras, Planner I SUBJECT: AS 21-01, Forest St. Industrial Building, located at 8805 Forest St. (APN 835-31-031) RECOMMENDATION: Staff has analyzed the proposed project, and recommends that the Planning Commission: a) adopt a resolution approving the Architectural and Site Review Permit AS 21-01 (#2102005), as requested, subject to certain findings and conditions. (Roll Call Vote) PROJECT DESCRIPTION: Architectural and Site Review Permit AS 21-01 (#2102005) requests approval to construct an 11,868 gross square foot single-story, 30-foot tall, metal building for speculative industrial uses located on a 0.98 acre rectangular corner parcel at 8805 Forest Street and Nagareda Drive (APN #: 835-31-031).The project details are as follows: ➢ Building Components. The project proposes an 11,868 square foot one-story rectangular metal industrial building containing five potential tenant spaces (speculative). Each space would have a metal roll-up door at the rear of the building and a glass storefront entrance facing Nagareda Drive. No outdoor storage areas or uses are proposed – nor approved – as part of this request. ➢ Colors and Materials. The building design proposes metal siding with stucco finishes painted Regal White. A thin brick veneer wainscot along with 16’ and 24’ think brick veneer accent walls. Complementary Charcoal-painted metal awnings, extending three feet 4’ from the building façade, would be situated over bronze-painted anodized aluminum storefront entryways. The vertical parapet rooftop would be 7’-tall ribbed metal panels with a metal Charcoal-painted roof cap. The east elevation, facing Forest St. would feature two steel frame trellises. 5.A Packet Pg. 8 2 ➢ Parking. A total of 39 parking spaces are provided, five (5) more than the required 34 for speculative industrial use at a ratio of 1 space per 350 square feet of building area. ➢ Site Improvements. A trash enclosure and perimeter landscaping are provided in compliance with City standards. The site is relatively flat. However, the project would still result in approximately 1,231 cubic yards of excavation to accommodate the building foundation and parking improvements. BACKGROUND: The property is a 0.98-acre level vacant lot that was previously part of a four-lot subdivision in 2018. Subject Property and Surrounding Land Uses: The subject site, located on the southwest corner of Forest Street and Nagareda Drive, is presently vacant. The site and surrounding land uses are as follows: LOCATION EXISTING LAND USE GENERAL PLAN ZONING Project Site Vacant Industrial Industrial Park M1 North Vacant Industrial Industrial Park M1 South Multi-tenant industrial park Industrial Park M1 East Vacant Industrial Industrial Park M1 West Vacant Industrial Industrial Park M1 Environmental Assessment: Section 15332 of the California Environmental Quality Act (CEQA) Guidelines, exempts from further environmental review, those projects involving urban infill development on sites less than five acres in size that are consistent with the General Plan and Zoning, with adequate utility infrastructure and services provided and that have no other environmentally sensitive characteristics. The infill industrial building would not generate any unanticipated environmental impacts beyond those anticipated for buildout within the Gilroy 2040 General Plan and General Plan EIR including but not limited with respect to noise, air quality, greenhouse gas emissions and traffic. ANALYSIS: The project has been evaluated for consistency with all applicable policies and standards below. General Plan Consistency: The City's General Plan designates the subject site Industrial Park for limited industrial land uses, in buildings with a maximum height of 35 feet and 2 stories, which supports the proposed speculative industrial building project request. As such, the proposal conforms to the goals and policies of the General Plan. Key goals and policies, which pertain to the proposed project are discussed below: 5.A Packet Pg. 9 3 POLICY# TITLE AND SUMMARY ANALYSIS LU 1.1 Pattern of Development. Ensure an orderly, contiguous pattern of development… . Complies. The industrial infill project will continue landscape and frontage improvements consistent with the character of the area. LU 5 Encourage, facilitate and support the development of new employment and industrial uses and retention of existing industry to ensure compatibility with existing surrounding uses … Complies. The speculative industrial building will provide opportunities to attract new businesses to the area, or may support existing local businesses. LU 5.1 Ensure that new industrial developments contribute to the overall attractiveness of the community through appropriate site design, architectural design, and landscaping. Complies. The project has been subject to review for compliance with the City design standards. LU 5.2 Encourage the development of well- designed industrial park areas to attract new light industrial development in Gilroy. Complies. The speculative industrial building will promote new light industrial opportunities and will add to the industrial park character of the areas. Conformance with Zoning Code Development Standards: The proposed development is located within the M1 Limited Industrial, Murray-Las Animas overlay combining zone district. The Gilroy City Code (GCC) permits speculative industrial uses in the M1 zone. However, new development requires Architectural and Site Review permit approval to be granted by the Planning Commission for properties within the Murray-Las Animas overlay district. The project would comply with all applicable site and building standards as follows: STANDARD REQUIRED PROPOSED CONFORMS? Lot Coverage Max 60% 27% Yes Front Yard 41 feet from curb face (narrowest frontage) 72 feet (Forest Street) Yes Street Side 31 feet from curb face 41 feet (Yamane Drive) Yes Side Interior None 26 feet Yes Rear None 31 feet Yes Height 35 feet, 2 stories 30 feet, 1 story Yes 5.A Packet Pg. 10 4 Additional zoning standards that apply to the project, including yards, accessory structures, parking and landscaping are addressed in the staff analysis below (Section 9). Other Considerations: The project is subject to review for compliance with the Industrial Design Guidelines and Murray-Las Animas Avenue Design Policy. The design criteria are addressed further in the staff analysis (Section 9). Staff Analysis for Architecture & Site Approval (AS18-27): The zoning code requires the Planning Commission to conduct a public hearing for new buildings within the Murray-Las Animas Avenue overlay district combining district, sub ject to review for compliance with the requirements of the overlay district policies and GCC Section 30.50.43 (Scope of Review), as follows: a) Traffic and Efficiency: The site layout provides adequate circulation for vehicles, parking and traffic. The driveways and drive aisles comply with minimum standards (25 feet aisle), with adequate maneuvering and access for commercial vehicles to trash and loading areas. Proposed parking spaces (9’ wide by 16’ long) comply with the City’s required parking stall dimensions. b) Signs: The building has adequate area to accommodate signage on the buildings. It is anticipated that individual wall signs for future tenants would be placed on the building wall above between the entry awning and rooftop parapet. A separate sign permit will be required prior to installation of any future tenant signs. c) Site Development (Architectural and Site Design): The building meets all applicable site and building development standards as noted above. In addition the project complies with the applicable design criteria as follows: i) Industrial Policy: (1) Design Intent and Scale. High quality industrial land uses in scale with the site and area are encouraged. The project proposes a simple in -fill building on a small parcel in the existing industrial tract. The building is in scale and character with other buildings within the same industrial development, and proposes an efficient use of the site. (2) Streetscape. The development, as proposed and conditioned, would create an attractive streetscape with building storefronts facing Nagareda Drive. The site has robust landscaping along both street frontages and project boundary that meets City standards and contributes to the attractiveness of the site and area. Landscaping includes 21 feet on Nagareda Drive and 41 feet on Forest Street, with minimum and 5 feet minimum on the boundaries, which meets or exceeds City standards. No new fencing is proposed for the project. (3) Circulation. The site has adequate driveway access from the street frontages that comply with minimum aisle and parking standards, and which would provide access to trash and loading areas. The site plan would not create any safety conflicts with vehicles or pedestrians at 5.A Packet Pg. 11 5 intersections. (4) Lighting and Utilities. Light fixtures would be directed downward, and shielded to avoid creating glare. The trash enclosure is also placed in a well-screened location and is conditioned to be designed to match the building. No outdoor uses are proposed or approved as a part of this project. ii) Murray-Las Animas Policy: (1) Enhanced Landscaping. As noted above the landscaping along the site frontage exceeds minimum depth of 21 feet, and maximum paving allowance of 50% of the required setbacks. Approximately 15% of the site would be landscaped. (2) Attractive Architecture. As noted above, the building will be a of an industrial design that proposes high quality finishes including ribbed metal panel fascia, metal roof cap, aluminum store front frames, entry canopy, and brick veneer wainscot and accent walls. The materials and style are appropriate for industrial use and comparable with other buildings in the area. The colors and finishes would be neutral natural tones with three colors, including the brick tones, which is complies with the applicable criteria. This location is not adjacent to residential and would continue the existing campus industrial design character of the area. d) Landscaping/Fencing/Trash Enclosure: The landscaping includes water efficient irrigation and planting in compliance with Gilroy City Code Article XXXVIII. As noted above the project includes robust landscaping with drought tolerant plans layered to provide interest and variety. The palette includes a total of 11 new trees planted along the frontage and parking areas. This includes four (4) different species and minimum 24” box. Complementary shrubs and groundcover would be planted that would also be used to screen equipment along the side of the building. No new fencing is proposed and the trash enclosure would be well designed, including climbing plants, and located to screen trash areas. e) Drainage: The site would be designed to drain to stormwater systems in compliance with City standards. f) Fire Protection: The building would comply with fire access and service requirements including provision of fire sprinkler systems as required by code. g) Environmental Impacts: The infill site has no special or unique environmental constraints. The project would be subject to payment of fees in compliance with the Santa Clara Valley Habitat Plan. The industrial use would not create any potential objectionable noise, odors or traffic. FINDINGS: The following findings are recommended for consideration of architectural and site review permit approval: 5.A Packet Pg. 12 6 i) “The project conforms to the Gilroy General Plan in terms of general location and standards of development.” The site is designated Industrial Park and Zoned M1 which is intended for industrial land uses. The project would comply with all applicable policies as noted in the General Plan consistency table and standards as noted in the zoning compliance analysis in staffs report. ii) “The project provides the type of development that will fill a specific need of the surrounding area.” The speculative industrial building is consistent with the M1 Limited Industrial zoning and will provide opportunities for employment and business growth within the City in compliance with City goals, policies and standards as noted in the consistency tables of staff’s report, which includes review and determination of consistency with all applicable Industrial Design and Murray Avenue design policies. iii) “The project will not require urban services beyond those that are currently available.” The property is within an existing improved industrial subdivision development that has adequate services and utilities for development of the site. Further, the project will pay development impact fees at time of building permit to fund its fair share cost toward improvements required to accommodate buildout under the City general plan. iv) “The project provides a harmonious, integrated plan that justifies exceptions, if such are required, to the normal requirements of this ordinance.” The project does not propose any exceptions. v) “The project reflects an economical and efficient pattern of land uses.” The project proposes industrial development as anticipated for the site and in compliance with the applicable development standards, as discussed above. vi) “The project includes greater provisions for landscaping and open space than would generally be required.” vii) The project exceeds the minimum front landscaping depth requirement of 21 feet and maximum allowed paving of 50%. A total of 21 to 41 feet of landscaping are proposed along the frontage. viii) “The project utilizes aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas.” 5.A Packet Pg. 13 7 As noted above the building design includes a variety of materials and high quality finishes that satisfies the applicable Industrial and Murray Avenue design criteria and which is in character with the development in the area. ix) “The project will not create traffic congestion, noise, odor or other adverse effects on surrounding areas.” The speculative industrial building is consistent with the use anticipated for the property and would not create any undue traffic, noise, odor or other effects. x) “The project provides adequate access, parking, landscaping, trash areas and storage, as necessary.” As noted above, the building provides suitable areas for trash collection, access to loading areas, and 39 parking spaces that are beyond the required rate of 1 space per 350 square feet of industrial area. No outdoor storage or uses are proposed or approved with this action. As such, staff would recommend Planning Commission approval of the project, with the recommended conditions included in Attachment 3 of this staff report. Technical Advisory Committee (TAC): Project plans were routed to Engineering, Building, Police, and Fire representatives for internal review and comment. The recommendations of TAC members have been incorporated into the project plans and/or are included as recommended conditions in attached resolution(s). Noticing: Property owner information (i.e. list, labels, and map) within the Murray-Las Animas Combining District were generated by Old Republic Title Company for the applicant using current ownership data. On March 11, 2021, notices of this Planning Commission meeting were mailed to the property owners along within other interested parties. In addition, the property has been posted with on -site signage notifying passers- by of pending development, and the Planning Commission public hearing packets are available through the City's webpage. Appeal Procedure: In accordance with Section 30.51.50 of the Gilroy City Code, the Planning Commission's decision may be appealed, in writing, to the City Council within 20 days of adoption of the resolution. Appeal forms may be obtained from the City Clerk and must be submitted with the appropriate fee before the end of the appeal period. Next Steps: Applicant must apply for a building permit prior to April 1, 2022, in order to prevent this approval from expiring. Attachments: A. Vicinity Map B. Project Plans 5.A Packet Pg. 14 8 C. Recommended Resolution(s) Attachments: 1. Location Map 2. 8805 Forest_Nagareda Full Set 3. PC Resolution AS 21-01 5.A Packet Pg. 15 City of Gilroy AS 21-01, 8805 Forest St. Industrial Building Location Map Date:Drawn By:4,500 Lynx Checked By:Miguel Contreras1:Sheet:1:1Scale: 5.A.a Packet Pg. 16 Attachment: Location Map (3237 : Forest St. Industrial Building AS 21-01) 5.A.bPacket Pg. 17Attachment: 8805 Forest_Nagareda Full Set (3237 : Forest St. Industrial Building AS 21-01) 5.A.bPacket Pg. 18Attachment: 8805 Forest_Nagareda Full Set (3237 : Forest St. Industrial Building AS 21-01) CIVIL ENGINEERSLAND SURVEYORSCONSTRUCTION MANAGERSHANNA-B UNTTIEST. 19107651 EIGLEBERRY STREET GILROY 95020 CALIFORNIAOFFICE (408) 842-2173 FAX (408) 842-3662EMAIL: ENGINEERING @ HANNABRUNETTI.COM1Architectural & Site Review8805 Forest Street - apn 835-31-031Santa Clara County, California City of Gilroy in the 8805 Forest Street for Architectural & Site Review Parcel D apn 835-31-031 NOT FOR CONSTRUCTION PRELIMINARY PLANS Document No. 183441140 5.A.b Packet Pg. 19 Attachment: 8805 Forest_Nagareda Full Set (3237 : Forest St. Industrial Building AS 21-01) CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 FAX (408) 842-3662 EMAIL: ENGINEERING @ HANNABRUNETTI.COM 2Grading & Drainage Plan 8805 Forest Street - apn 835-31-031 NOT FOR CONSTRUCTION PRELIMINARY PLANS 5.A.b Packet Pg. 20 Attachment: 8805 Forest_Nagareda Full Set (3237 : Forest St. Industrial Building AS 21-01) CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 FAX (408) 842-3662 EMAIL: ENGINEERING @ HANNABRUNETTI.COM 3Utility Plan 8805 Forest Street - apn 835-31-031 NOT FOR CONSTRUCTION PRELIMINARY PLANS 5.A.b Packet Pg. 21 Attachment: 8805 Forest_Nagareda Full Set (3237 : Forest St. Industrial Building AS 21-01) CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 FAX (408) 842-3662 EMAIL: ENGINEERING @ HANNABRUNETTI.COM 4City Required Notes 8805 Forest Street - apn 835-31-031 NOT FOR CONSTRUCTION PRELIMINARY PLANS 5.A.b Packet Pg. 22 Attachment: 8805 Forest_Nagareda Full Set (3237 : Forest St. Industrial Building AS 21-01) CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 FAX (408) 842-3662 EMAIL: ENGINEERING @ HANNABRUNETTI.COM 5Erosion Control Plan 8805 Forest Street - apn 835-31-031 NOT FOR CONSTRUCTION PRELIMINARY PLANS 5.A.b Packet Pg. 23 Attachment: 8805 Forest_Nagareda Full Set (3237 : Forest St. Industrial Building AS 21-01) CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 FAX (408) 842-3662 EMAIL: ENGINEERING @ HANNABRUNETTI.COM 6Stormwater Control Plan 8805 Forest Street - apn 835-31-031 NOT FOR CONSTRUCTION PRELIMINARY PLANS AC PARKING LOT AND DRIVE AISLE DMA 1 ~42,772 SCM 1 5.A.b Packet Pg. 24 Attachment: 8805 Forest_Nagareda Full Set (3237 : Forest St. Industrial Building AS 21-01) CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 FAX (408) 842-3662 EMAIL: ENGINEERING @ HANNABRUNETTI.COM 7Stormwater Control Plan Details 8805 Forest Street - apn 835-31-031 5.A.b Packet Pg. 25 Attachment: 8805 Forest_Nagareda Full Set (3237 : Forest St. Industrial Building AS 21-01) M.S123887 Sq. Ft LowWater Drip4488 Sq. Ft HighWater SprayProposed BuildingSTORM CHAMBERSAsphaltDrivewayAsphaltDrivewayConcrete Curb& GutterProvide Grease TrapConcreteStorm DrainTrashEnclosureProposedTrasformer PadConcrete Curb& Gutter(E) Fire Hydrant(E) StreetLightHandicapRampAsphaltDrivewayP.O.C.2 (E) Water MetersSidewalk2 (E) WaterMeters(E) Street LightRamp(E) CurbInletProposedHandicap RampDriveway ApproachSidewalkDriveway Approach2 Drop InletDrop InletManholeDrop InletConcrete Curb& GutterConcrete Curb& GutterProperty LineProperty Line3 Ficus pumila(Creeping Fig Vine)Attach to Trash EnclosureLawnLawn50 HypericumcalycinumM.SRBF IRRIGATIONBLEGENDMANUFACTURER/ MODELSYMBOLDrip Line: Netafim Techline CV LITE with 18" Emitterspacing and 24" lateral spacing. Provide flush valvesat the end of each circuit and air relief valve at thehigh point of each circuit.Rainbird Valves PEB or PEBSSleeves SCH 40 4" or contractor to locate anduse existing if possibleLateral Line SCH 40 1"Main Line SCH 40 2"SVPRBFWMCCM.SRMaster Shut Off Valve behind MeterMedium Flow Inline Pressure Regulator 40 PSIRainbird Flow Sensor FS-200-PNote: Provide a clear, unobstructed distance of atleast 10xs the pipe's diameter upstream of the sensorand at least 5xs the pipe's diameter downstream ofthe sensorNew Irrigation 1" Water MeterFEBCO Backflow Preventer 1" 825YRainbird Controller 4 to 22- station ESP-Me(Wall Mount)Rainbird SMRT-Y Soil Moisture SensorRainbird RSD Series Rain Shut OffLOW WATERDRIPHYDROZONENUMBERWATER USE AND TYPE11300 Series Bubblers1 Bubbler per 15 Gallon Tree 2 Bubbler per 24 Bo[ Tree 3 Bubbler per 36 Bo[ Tree CCWM SV 856 Sq. Ft LowWater Drip2PR567975 Sq. Ft LowWater Drip891 Sq. Ft Med.Water Bubbler117 Sq. Ft Med.Water Bubbler520 Sq. Ft HighWater Spray660 Sq. Ft HighWater Spray911805 Sq. Ft LowWater Drip1240 Sq. Ft LowWater Drip10104 Sq. Ft Med.Water BubblerRainbird Drip Valve XCS-100-PRFRainbird 1800 series 6"“I have complied with the criteria of the WaterConservation in Landscaping Ordinance and appliedthem for the efficient use of water in the landscapedesign plan.”“I have complied with the criteria of the WaterConservation in Landscaping Ordinance and appliedthem accordingly for the efficient use of water in theirrigation design plan.”8805 Forest Street, Gilroy, CA. HOLLER BUILDING L-1SCALEDRAWNJOBDATE1"=10'-0"HOLLERIN01-07-21IRRIGATION PLAN Calif. Reg. #2239 (408) 842-0245 LANDSCAPE ARCHITECTS AITKEN ASSOCIATES aitkenassociates@gmail.com 8262 Rancho Real Gilroy, CA 95020*NOTES (E)= ExistingRefer to sheet L-3 for water calcs.NORTHSCALE1"=10'-0"0102000 Nagareda Drive Forest St.5.A.bPacket Pg. 26Attachment: 8805 Forest_Nagareda Full Set (3237 : Forest St. Industrial Building AS 21-01) Proposed BuildingSTORM CHAMBERSAspKDlW'riYeZD\AspKDlW'riYeZD\ConFreWe CurE *uWWerProYide *reDse TrDpConFreWeSWorP 'rDinTrDsKEnFlosureProposedTrDsIorPer PDdConFreWe CurE *uWWer E )ire H\drDnWHDndiFDpRDPpProposed EleFWriFCKDrging SWDWionAspKDlW'riYeZD\POC E :DWer MeWersSideZDlN E :DWerMeWers E SWreeW /igKWRDPp E CurE,nleWProposedHDndiFDp RDPp'riYeZD\ ApproDFKSideZDlN'riYeZD\ ApproDFK 'rop ,nleW'rop ,nleWMDnKole'rop ,nleWConFreWe CurE *uWWerConFreWe CurE *uWWerProperW\ /ineProperW\ /ine )iFus puPilD Creeping )ig 9ine AWWDFK Wo TrDsK EnFlosure PKoWiniD NeriuP oleDnder :KiWe  Prunus FDroliniDnD CoPpDFWD  Ros\ CDrpeW Roses TrisWDniD lDurinD ElegDnW  PisWDFiD FKinensis PisWDFiD FKinensis RKDpKiolepis ClDrD  9iEurnuP Spring BouTueW  PKorPiuP MDori 4ueen  PKorPiuP MDori 4ueen /DZn/DZn SeTuoiD sePperYirens Ros\ CDrpeWRoses RKDpKiolepis ClDrD  ,FeEerg Roses ,FeEerg Roses Ros\ CDrpeW Roses CisWus SunseW  CrDpe M\rWle TusFDrorD MulWiWrunN  CrDpe M\rWle TusFDrorD MulWiWrunN  H\periFuPFDl\FinuP CoprosPD 9erde 9isWD  M\oporuP M\oporuP pDrYiIoliuP M\oporuPpDrYiIoliuP RKDpKiolepis ClDrD  4uerFus DgriIoliD RKDpKiolepis ClDrD  CoWoneDsWer /oZIDsW  M\oporuP pDrYiIoliuP8805 Forest Street, Gilroy, CA. HOLLER BUILDING L-2SCALEDRAWNJOBDATE1"=10'-0"HOLLERSL01-07-21LANDSCAPE PLAN Calif. Reg. #2239 (408) 842-0245 LANDSCAPE ARCHITECTS AITKEN ASSOCIATES aitkenassociates@gmail.com 8262 Rancho Real Gilroy, CA 95020*NOTES (E)= ExistingA minimum three inch (3") layer of mulch shall beapplied on all exposed soil surfaces of planting areas.NORTHSCALE1"=10'-0"0102000 Nagareda Drive Forest St.5.A.bPacket Pg. 27Attachment: 8805 Forest_Nagareda Full Set (3237 : Forest St. Industrial Building AS 21-01) 8805 Forest Street, Gilroy, CA. HOLLER BUILDING L-3SCALEDRAWNJOBDATEHOLLERIN & SL01-08-21WATER CALCS & PLANT LEGEND Calif. Reg. #2239 (408) 842-0245 LANDSCAPE ARCHITECTS AITKEN ASSOCIATES aitkenassociates@gmail.com 8262 Rancho Real Gilroy, CA 95020 Plant Legend5.A.bPacket Pg. 28Attachment: 8805 Forest_Nagareda Full Set (3237 : Forest St. Industrial Building AS 21-01) 8805 Forest Street, Gilroy, CA. HOLLER BUILDING L-4SCALEDRAWNJOBDATEHOLLERIN & SL01-07-21IRRIGATION DETAILS Calif. Reg. #2239 (408) 842-0245 LANDSCAPE ARCHITECTS AITKEN ASSOCIATES aitkenassociates@gmail.com 8262 Rancho Real Gilroy, CA 95020 5.A.bPacket Pg. 29Attachment: 8805 Forest_Nagareda Full Set (3237 : Forest St. Industrial Building AS 21-01) AS 18-27 RESOLUTION NO. 2021-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY APPROVING ARCHITECTURAL AND SITE REVIEW AS 21-01 FOR CONSTRUCTION OF A 11,868 SPECULATIVE INDUSTRIAL BUILDING AT 8805 FOREST STREET (APN: 835-31-031), FILED BY AMY AND BILLY HOLLER. WHEREAS, on February 3, 2021, Amy and Billy Holler submitted an application requesting architectural and site review a one-story speculative industrial building on a 0.98 acres vacant in-fill site located within the M1 Limited Industrial, Murray-Las Animas Avenue Overlay Combining zoning district (APN: 835-31-031); and WHEREAS, on March 1, 2021, the application was accepted as complete for processing; and WHEREAS, the project has been determined to be exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (Class 32) which applies to urban in-fill development on sites less than five acres, served by existing facilities and utilities, consistent with the general plan and zoning, and that have no other environmental concerns; and WHEREAS, the project plans have been referred to various city departments, including the Technical Advisory Committee, for recommendations and plan revisions or conditions have been incorporated into the project to ensure compliance with City standards; and WHEREAS, on April 1, 2021, at a duly noticed public hearing the planning commission of the city of Gilroy considered the project environmental determination in accordance with the Gilroy Zoning Ordinance and applicable Industrial and Murray Avenue design policies; and WHEREAS, the planning commission of the city of Gilroy has considered the project staff report dated March 15, 2021 along with testimony received at the duly-noticed public hearing and other materials; and WHEREAS, the Planning Commission finds that the application conforms to the City's General Plan Industrial Park land use designation which anticipated industrial development of the site, and all applicable elements and policies thereof, and all applicable requirements of the Gilroy City Code including the M1 zoning site and building standards and the requirements of Gilroy City Code Section 30.50.43 (Scope of Review) for architectural and site review permit approval, as follows: i) The project conforms to the Gilroy General Plan in terms of general location and standards of development given that the site is designated Industrial Park and Zoned M1 which is intended for industrial land uses. The project would comply with all applicable policies as noted in the 5.A.c Packet Pg. 30 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 2 General Plan consistency table and standards as noted in the zoning compliance analysis in staffs report. ii) The project provides the type of development that will fill a specific need of the surrounding area given that the speculative industrial building is consistent with the M1 Limited Industrial zoning and will provide opportunities for employment and business growth within the City in compliance with City goals, policies and standards as noted in the consistency tables of staff’s report, which includes review and determination of consistency with all applicable Industrial Design and Murray Avenue design policies. iii) The project will not require urban services beyond those that are currently available given that the property is within an existing improved industrial subdivision development that has adequate services and utilities for development of the site. Further, the project will pay development impact fees at time of building permit to fund its fair share cost toward improvements required to accommodate buildout under the City general plan. iv) The project provides a harmonious, integrated plan that justifies exceptions, if such are required, to the normal requirements of this ordinance given that the project does not propose any exceptions. v) The project reflects an economical and efficient pattern of land uses given that the project proposes industrial development as anticipated for the site and in compliance with the applicable development standards, as discussed above. vi) The project includes greater provisions for landscaping and open space than would generally be required given that the project exceeds the minimum front landscaping depth requirement of 21 feet and maximum allowed paving of 50 percent. A total of 21 to 41 feet of landscaping are proposed along the frontage. vii) The project utilizes aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas given that the building design includes a variety of materials and high quality factory applied finishes that satisfies the applicable Industrial and Murray Avenue design criteria and which is in character with development in the area. viii) The project will not create traffic congestion, noise, odor or other adverse effects on surrounding areas given that the speculative industrial building is consistent with the use anticipated for the property and would not create any undue traffic, noise, odor or other effects. 5.A.c Packet Pg. 31 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 3 ix) The project provides adequate access, parking, landscaping, trash areas and storage, as necessary given that the building provides suitable areas for trash collection, access to loading areas, and 39 parking spaces that go beyond the required rate of 1 space per 350 square feet of industrial area. No outdoor storage or uses are proposed or approved with this action. WHEREAS, the Planning Commission finds that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council the approval of architectural and site review application AS 21-01 subject to the following conditions: CONDITIONS OF APPROVAL AS 21-01 Note: The following abbreviations identify the City department o r division responsible for determining compliance with these conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. An internal condition reference number is located at the end of each condition (e.g. G-1 or MND-S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CC Chemical Control Agency PW Public Works/Engineering FP Fire Prevention TR Traffic Division PD Police Department WW Wastewater/Source Control PLANNING CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1. APPROVED PROJECT: The approval for Architectural and Site Review Permit AS 21-01 (#2102005) is granted to construct an 11,868 gross square foot single- story, 30-foot tall, metal building for speculative industrial uses located on Assessor Parcel No. 835-31-031 as shown on Project Plans dated as received by the Planning Division on February 3, 2021, prepared by Davco Associates for Amy and Billy Holler dated January 8, 2021,and consisting of 13 sheets. Build-out of the project shall conform to the plans, except as otherwise specified in these 5.A.c Packet Pg. 32 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 4 conditions. Any future adjustment or modification to the plans shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council. (PLANNING) 2. PERMIT EXPIRATION: The expiration date of this approval is one year from the decision date, April 1, 2022. If any development for which architectural and site approval has been granted has not obtained building permits within one (1) year from the date of notification of approval, the approval shall be deemed automatically revoked. Upon application, an extension of time may be granted by the Community Development Director or designee. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PLANNING) 3. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant. (PLANNING) 4. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy (“the City”) and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (PLANNING) 5. SIGNS: No signs are approved as part of this application. Prior to issuance of a sign permit for this site, Developer shall propose well-designed, quality signs that comply with the allowances of the City Code and are to the satisfaction of the Community Development Director or designee. Cabinet or box-style signs will not be permitted. (PLANNING) 6. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98. (PLANNING) 7. OUTDOOR ACTIVITIES: This permit approval does not allow for any outdoor 5.A.c Packet Pg. 33 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 5 storage or outdoor activities as part of the development and/or operation. Any future consideration of outdoor uses onsite shall only be considered as allowed by the City Code, including any subsequent permitting for such outdoor use. (PLANNING) 8. SINGLE-PHASE DEVELOPMENT: Construction of the project shall be done in a single-phase unless a phased construction project schedule is approved by the Community Development Director or designee. (PLANNING) The following conditions shall be addressed on construction plans submitted for any BUILDING PERMIT or GRADING PERMIT, and shall be satisfied prior to issuance of whichever permit is issued first, or as otherwise specified in the condition. 9. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval of this permit, as adopted by the decision-maker. (PLANNING) 10. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall certify in writing that the architectural design shown in the building permit plans match the plans approved by the Community Development Director or designee/Planning Commission/City Council. Any changes must be clearly noted. The project architect shall also certify that the structural plans are consistent with the architectural plans. In the event of a discrepancy between the structural plans and the architectural plans, the architectural plans shall take precedence, and revised structural drawings shall be submitted to the Building Division. (PLANNING) 11. COLORS AND MATERIALS: Plans submitted for building permit applications shall include all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type (e.g. stucco with sand finish, plaster with smooth finish) to be used in construction. (PLANNING) 12. SUBSEQUENT ENTITLEMENTS: Developer shall obtain necessary permits prior to initiating any new construction or modifications authorized under this approval, including but not limited to temporary construction trailers, temporary staging areas, model home sales offices, advertising signs of any kind, exterior and interior modifications. Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable. (PLANNING) 13. REVISIONS TO APPROVED PROJECT: Any modifications to the Building plan submittal, including changes to the floor plan and site layout, shall require approval by the Decision Making Body. 5.A.c Packet Pg. 34 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 6 14. LIGHTING PLAN: Developer shall submit a lighting plan with the application for building permit. This plan should include photometric contours, manufacturer’s specifications on the fixtures, and mounting heights. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is directed downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Developer shall recess or conceal any under-canopy lighting elements so they are not directly visible from any public area. The lighting plan must be approved by the Community Development Director or designee. (PLANNING) 15. HABITAT PERMIT: Concurrent with or prior to an application for a grading permit, Developer shall submit a Habitat Permit application to the City of Gilroy. The application shall consist of the application processing fee, Santa Clara Valley Habitat Plan Application For Nitrogen Deposition Only Application (available on the Santa Clara Valley Habitat Agency website: https://www.scv- habitatagency.org/). The grading permit will be issued only after approval of the Habitat Plan permit and payment of assessed fees. (PLANNING) 16. AIR QUALITY: Prior to issuance of building permit, the applicant will be required to secure a permit from the Bay Area Air Quality Management District or provide written assurance that no permit is required. (PLANNING) 17. AGRICULTURE MITIGATION POLICY: This site has been identified as Prime Farmland or Farmland of Statewide Importance pursuant to the City of Gilroy Agriculture Mitigation Policy. Prior to issuance of building permits, appropriate agriculture mitigation pursuant to the current Policy must be completed , which requires completion of a LESA analysis. (PLANNING) 18. WINDOWS: The manufacturer type, design, material, and installation details for all windows within the project shall be specified in the construction drawings for review and approval by the Community Development Director or designee. (PLANNING) 19. SCREENING OF APPERTUNANCES: Developer shall show on construction drawings details of screening for all exterior equipment, including but not limited to mechanical equipment, post indicator valves, backflow prevention devices, utility meters, mailboxes and address directories, etc. Ground mounted utility appurtenances such as transformers shall not be visible from any public right-of- way and shall be adequately screened through the use or combination of concrete or masonry walls, berms, and landscaping. In addition to the above, backflow preventers shall be painted dark green, except the fire connection which shall be painted yellow. The final placement and design of these items shall be to the satisfaction of the Community Development Director or designee. (PLANNING) 5.A.c Packet Pg. 35 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 7 20. ROOFTOP EQUIPMENT: Developer shall ensure rooftop mechanical equipment, including but not limited to heating and cooling systems, plumbing vents, ducts, antennas and other appurtenances protruding from the roof are recessed or otherwise screened so that they will not be visible from the front of the property or other major public vantage points. Details of the roof equipment and roof screens shall be included in the building permit drawings and approved by the Community Development Director or designee. (PLANNING) 21. ROOF AND BUILDING DRAINPIPES: Developer shall install all roof and building drainpipes and downspouts inside building elements. These items shall not be visible on any exterior building elevations. (PLANNING) 22. TRASH ENCLOSURE: Prior to building permit issuance, details of an opaque screen trash enclosure are to be shown on construction drawings and approved by the Community Development Director or designee. The trash enclosure should match the architectural design, color, and materials of the primary structure. 23. LANDSCAPING: Prior to building permit issuance, proposed landscaping shall be shown on the site plan and submitted with the construction drawings for review and approval by the Community Development Director or designee. (PLANNING) 24. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil surfaces, as required by the State Model Water Efficient Landscape Ordinance (MWELO). (PLANNING) 25. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant species, such as those listed by the California Invasive Plant Council. (PLANNING) 26. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building permits or initiation of the proposed use, whichever comes first, Developer shall submit a completed Landscape Documentation Package, including a soil analysis/management report along with appropriate application review fees, to the Community Development Department, including required documentation for compliance verification, and obtain approval of such plans. (PLANNING) 27. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall (as part of the irrigation system) indicate on construction drawings sensors that suspend or alter irrigation operation during unfavorable weather conditions (e.g. automatic rain shut-off devices). (PLANNING) 28. LOADING ZONES: Prior to issuance of building permit, Developer shall stripe all loading zones, whether situated outside or inside a structure, for loading and unloading activities only and shall post a sign prohibiting storage or other non - 5.A.c Packet Pg. 36 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 8 loading activity within the designated loading zone. (PLANNING) The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs first, or as otherwise specified in the condition. 29. ON- AND OFF-SITE IMPROVEMENTS: Prior to occupancy, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. (PLANNING) 30. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate of occupancy or building permit final sign -off, Developer shall complete installation of all landscaping and irrigation in accordance with the approved plans. (PLANNING) 31. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation of the proposed use, or completion of each build-out phase of development, Developer shall submit a signed Certificate of Completion, along with all necessary supporting documentation and payment to the Community Development Department, for compliance verification of the landscape installation. Developer is required under the Model Water Efficient Landscape Ordinance (MWELO) to provide a copy of the approved Certificate of Completion to the property owner or his or her designee. (PLANNING) 32. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall maintain landscaping and irrigation in accordance with the approved plans, except as otherwise permitted or required by law. Significant changes to the number, placement, and selection of plant species may require a modification to this approval, to be determined by the Community Development Director or designee. (PLANNING) 33. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required for the foundation, framing, application of exterior materials, and final completion of each structure to ensure that the construction matches the approved plans. (PLANNING) 34. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall remove all construction materials, debris, and vehicles from the subject property. (PLANNING) 35. PAINT SAMPLES: The applicant shall paint a portion of the building with the proposed color scheme for inspection by the Community Development Director or designee. Proposed primary and secondary (accent) paint colors should be painted next to each other on the building, to the extent feasible, for purposes of inspection. The color(s) shall not be considered approved until after inspection. 5.A.c Packet Pg. 37 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 9 (PLANNING) The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition. 36. CONSTRUCTION RELATED NOISE: To minimize potential construction-related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site (PLANNING) “During earth-moving, grading, and construction activities, Developer shall implement the following measures at the construction site: a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Const ruction noise is prohibited on Sundays and City-observed holidays; b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; c. Construct sound walls or other noise reduction measures prior to developing the project site; d. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; e. Prohibit all unnecessary idling of internal combustion engines; f. Utilize “quiet” models of air compressors and other stationary noise sources where technology exists; and g. Designate a “disturbance coordinator’ who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem.” 37. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction- related impacts to air quality, Developer shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) and shall include the following language on any grading, site work, and construction plans issued for the project site (PLANNING) “During earth-moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site: a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or 5.A.c Packet Pg. 38 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 10 offsite shall be covered; c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator; and h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.” 38. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following: (PLANNING) a. Contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; b. Contractor will stockpile soil during development activities to allow for proper characterization and evaluation of disposal options; c. Contractor will monitor area around construction site for fugitive vapor emissions with appropriate filed screening instrumentation; d. Contractor will water/mist soil as it is being excavated and loaded onto transportation trucks; e. Contractor will place any stockpiled soil in areas shielded from prevailing winds; and f. Contractor will cover the bottom of excavated areas with sheeting when work is not being performed. 39. MOCK-UP: Prior to building permit issuance, the applicant shall set up a large material and color mock-up on-site for final selection and approval by the Community Development Director or designee. At minimum, the mock -up shall 5.A.c Packet Pg. 39 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 11 include [REQUIRED MATERIALS], and paint samples. (PLANNING) 40. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50’ of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with the Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards. (PLANNING) 41. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site: (PLANNING) “If archaeological or cultural resources are discovered during earth-moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer’s expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party.” 42. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans: (PLANNING) “If human remains are found during earth-moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human 5.A.c Packet Pg. 40 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 12 remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.” 43. CONSTRUCTION PARKING: The Developer shall prepare a construction parking management plan to address parking demands and impacts during the construction phase of the project by contractors or other continued operations on- site. The construction parking management plan shall be subject to revie w and approval by the Community Development Director or designee. (PLANNING) 44. DISTURBANCE COORDINATOR: The Developer shall designate a “disturbance coordinator” who will be responsible for responding to any local complaints regarding construction noise. The coordinator (who may be an employee of the general contractor) will determine the cause of the complaint and will require that reasonable measures warranted to correct the problem be implemented. A telephone number of the noise disturbance coordinator shall be conspicuously posted at the construction site fence. The sign must also list an emergency after- hours contact number for emergency personnel. (PLANNING) Engineering Conditions of Approval 45. GENERAL - At first improvement plan submittal, utility sheets shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Clearly identify both public and private utilities. 46. GENERAL - Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval. 47. GENERAL - Improvement plans shall include General Notes found in the City of Gilroy General Guidelines. 48. GENERAL - Improvement plan cover sheet shall include a table summarizing all facilities (Streets, Utilities, Landscaping, etc.), showing the ownership of all facilities, and the maintenance responsibilities of all facilities. 49. GENERAL - The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. A copy of these permits will be provided prior to building permits. 5.A.c Packet Pg. 41 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 13 50. GENERAL – Improvement plans are required for both on-site and off- site improvements. 51. GENERAL - Existing overhead utilities shall be undergrounded and related utility poles removed along the property frontage. 52. GENERAL - All existing public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy. 53. GENERAL - The developer shall obtain an encroachment permit from the City prior to building permit issuance. Encroachment permit information can be found: http://www.ci.gilroy.ca.us/244/Encroachment-and-Transportation-Permits 54. GENERAL – Developer is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, developer shall submit a pothole plan for City review and approval. Developer shall provide the pothole result to the City Engineer prior to final design. 55. GENERAL - All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and is subject to all laws of the City of Gilroy by reference. 56. GENERAL - Prior to issuance of any building permits, developer shall submit for City approval water, sewer and storm drain studies for the development. These studies shall provide supporting hydraulic calculation for pipe sizing per City standard design guideline. 57. GENERAL - At first improvement plan submittal, developers engineer shall submit a calculation for sanitary sewer and water generation per the City’s Master Plan design criteria. Confirm the project is in compliance with the City Master Plans. Studies shall identify the development's effect on the City's present Master Plans and the impact of this development to surrounding utility lines. If the results of the study indicate that this development contributes to the over-capacity of the trunk line, developer will be required to mitigate the impact by remove and replace or upsizing of the existing utilities. 58. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Latest City impact fee schedule is available on the City’s website. Payment of Impact Fees is required at first building permit issuance. Fees shall be based on the current 5.A.c Packet Pg. 42 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 14 comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. 59. FEE - Prior to plan approval, developer shall submit a detailed project cost estimate by the project engineer, subject to City Engineer approval. Cost estimate shall be broken out into on-site and off-site improvements. 60. FEE - Prior to final plan approval, Developer shall pay 100% of the plan check and processing fees and other related fees that the property is subject to. Developer shall also provide payment and performance bonds. 61. GRADING & DRAINAGE - Prior to building permit issuance, the applicant’s Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with their recommendations and the peer review comments. The applicant’s Geotechnical engineer’s approval shall then be conveyed to the City either by letter or by signing the plans. 62. GRADING & DRAINAGE - At first improvement plan submittal, the developer shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities, and the study shall include all off-site tributary areas. Study and the design shall be in compliance with the City’s Stormwater Management Guidance Manual (latest edition). Existing offsite drainage patterns, i.e., tributary areas, drainage amount and velocity shall not be altered by the development. 63. GRADING & DRAINAGE - All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor. 64. GRADING & DRAINGE - Improvement and grading plans shall show existing topo and features at least 50’ beyond the project boundary. Clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances. 65. GRADING & DRAINAGE – Geotechnical Engineer to confirm infiltration rates by conducting Double Ring Infiltrometer Testing with appropriate safety factors of all stormwater detention and/or retention facilities. 66. PUBLIC IMPROVEMENTS – Prior to building permit issuance, developer shall post Payment and Performance bonds each for 100% of cost for improvement with the City that shall secure the construction of the public improvements. Insurance shall be provided per the terms of the agreement. 5.A.c Packet Pg. 43 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 15 67. PUBLIC IMPROVEMENTS - The developer shall repair or replace all existing improvements not designated for removal and all new improvements that are damaged or removed because of developer's operations. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 68. CONSTRUCTION - All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 69. CONSTRUCTION - The City shall be notified at least ten (10) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 70. CONSTRUCTION - Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 71. CONSTRUCTION - All work shown on the improvement plans, if applicable, shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 72. CONSTRUCTION - If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 73. CONSTRUCTION - It is the responsibility of the contractor to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. 74. CONSTRUCTION - At least one week prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 5.A.c Packet Pg. 44 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 16 75. CONSTRUCTION - Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer. 76. TRANSPORTATION - Any work in the public right-of-way shall require a traffic control plan prepared by a licensed professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right of way. 77. UTILTIES - The Developer/Contractor shall make accessible any or all City utilities as directed by the Public Works Director. PROJECT SPECIFIC ENGINEERING CONDITIONS OF APPROVAL 78. FEE - The project is subject to the City’s Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The following are approximate impact fees based on planning phase square footage and other information for a Industrial General project. Actual fees will be based on Final Design information. a. Street Tree Development =$166 b. Storm Development = $1,106 c. Sewer Development = $19,780 d. Water Development = $5,385 e. Traffic Impact = $63,827 f. Public Facilities = $16,889 Latest City impact fee schedule is available on the City’s website. Payment of Impact Fees is required at building permit issuance. Fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. 79. TRANSPORTATION – Applicant shall obtain a review letter from Recology confirming serviceability and site accessibility of solid waste pickup. Contact Lisa Patton, Operations Manager 408-846-4421. Include Recology review letter with first building permit submittal. 80. GENERAL - A Title Report shall be submitted with first submittal improvement plans. An existing site plan shall be submitted showing all existing site conditions and title report easements. Include bearings and distances for all Right of Way and Easements on the plans. 5.A.c Packet Pg. 45 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 17 81. GENERAL - The Developer shall provide a “composite plan” showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled “Composite Plan”) to confirm that there are no conflicts. 82. GRADING & DRAINAGE – Final design of the site shall be updated to remove all Catch Basins, Drop Inlets, and Storm Drain line out of the PUE. Final design of the site shall have all site drainage drain towards the site for water treatment. 83. GRADING & DRAINAGE - All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all grading activities were performed in conformance with the requirements of the project’s geotechnical report. The developer shall add this condition to the general notes on the grading plan. 84. PUBLIC IMPROVEMENTS – Prior to building permit issuance, the developer shall obtain design approval and bond for all necessary public improvements, including but not limited to the following: A. Removal and replacement of all existing curb and gutter alo ng project frontage that does not meet the current City Standards and is in need of repairs. B. New sidewalk along project frontage. C. Installation of City Standard Storm Drain Drop Inlet along project frontage. D. Extension of the exiting utilities and installation of new utilities, including but not limited to, water, sewer and storm drain main lines, services and related facilities. E. Landscaping and street trees along all public street frontages. F. Installation of pavement markings, striping, red curbs, and signing along project frontage (full roadway width). G. Installation of new curb ramps at the corner of Forest and Nagareda. H. Final improvement plans must show separate domestic service line and meter. I. Final improvement plans must show separate irrigation service line and meter. J. Red curb at Fire Hydrant locations per City Standards. K. Install concrete pad from the Back of Curb to 1’ behind the Fire Hydrant per City Standards. All improvements must be built to the city Engineer’s satisfaction, and accepted by the City prior to issuance of any first certificate of occupancy for the project. 85. CONSTRUCTION - All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. 86. CONSTRUCTION - The trash enclosure shall be covered with a roof structure and connected to the Sanitary Sewer system. 5.A.c Packet Pg. 46 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 18 87. TRANSPORTATION - Developer shall submit final photometric plans prior to first building permit issuance. 88. TRANSPORTATION - At first plan submittal developer shall model all Solid Waste Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis software, all turning and street circulation movements. 89. TRANSPORTATION - At first plan submittal developer shall model all Emergency Vehicle circulation movements, as a separate plan sheet. The circulation plan shall be prepared to the City Engineer’s satisfaction, and modeled with AutoTurn swept analysis software, all turning and street circulation movements. 90. UTILITIES – No private utilities allowed within the PUE except for laterals connecting to the public utility main. 91. UTILITIES – All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets shall be placed underground unle ss otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted prior to installation. 92. UTILITIES - The following items will need to be completed prior to first building permit submittal: a. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). 93. UTILITIES - A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. The Joint consultant shall provide the City a separate “project utility composite plan” showing all Civil, Landscape, electrical, and joint trench information to confirm that there are no conflicts with joint trench plan utilities. 5.A.c Packet Pg. 47 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 19 94. UTILITIES – Storm, sewer, and water lines in private areas shall be privately owned and maintained. This should be noted on the title sheet of the project improvement plan. 95. UTILITIES - Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer signed original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved improvement plans. 96. UTILITIES - Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 97. UTILITIES - At first improvement plan submittal, plans must show a separate meter, service, and backflow preventer for landscape irrigation water. 98. UTILITIES - At first improvement plan submittal, plans must show a separate meter, service, and backflow preventer for domestic water service. 99. UTILITIES - At first improvement plan submittal, plans must show a separate fire water service and Double Check Detector Assembly that is connected from the existing City water main. 100. UTILITES - At first improvement plan submittal, plans must show proposed Fire Hydrants, Fire Hydrant laterals, and valves along project frontage to meet City Standard fire hydrant spacing. 101. UTILITIES - The Developer shall perform Fire Hydrant test to confirm water system will adequately serve the development, and will modify any part of the systems that does not perform to the standards established by the City. Developer shall coordinate with Fire Department for the Fire Hydrant test. 102. UTILITIES - The project shall fully comply with the measures required by the City’s Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California’s Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. 103. WATER QUALITY - Proposed development shall comply with state mandated regional permits for both pre-construction and post-construction stormwater quality requirements per chapter 27D of the Gilroy Municipal Code, and is subject to, but not limited to, the following: 5.A.c Packet Pg. 48 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 20 g. At first improvement plan submittal, project shall submit a design level S tormwater Control Plan Report (in 8 ½ x 11 report format), to include background, summary, and explanation of all aspects of stormwater management. Report shall also include exhibits, tables, calculations, and all technical information supporting facts, in cluding but not limited to, exhibit of the proposed site conditions which clearly delineates impervious and pervious areas on site. Provide a separate hatch or shading for landscaping/pervious areas on-site including those areas that are not bioretention areas. This stormwater control plan report format does not replace or is not in lieu of any stormwater control plan sheet in improvement plans. h. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. i. At developer’s sole expense, the stormwater control plan shall be submitted for review by an independent third party accepted by the City for compliance. Result of the peer review shall be included with the submittal for City evalu ation. j. Prior to plan approval, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City, including Exhibit A and Exhibit B. i. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City-standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the City. v. Any repairs or restoration/replacement and maintenance shall be in accordance with City-approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, a nd who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. k. Stormwater BMP Operations and Maintenance Agreement shall include inspection s to be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a certified third party QSP or QSD. ii. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15 th. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 5.A.c Packet Pg. 49 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 21 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site re-inspection. l. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1 st for the Fall report, and no later than March 15th of the following year for the Winter report. m. Before commencing any grading or construction activities, the developer shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. 104. WATER QUALITY - The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order. 105. WATER QUALITY - The developer shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The developers QSD or QSP shall provide the City weekly inspection reports. 106. WATER QUALITY – Sequence of construction for all stormwater facilities (bioswales, detention/retention basins, drain rock, etc) shall be done toward final phases of project to prevent silting of facilities and reduce the intended use of the facilities. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. 107. LANDSCAPING - Landscaping plans shall not conflict with the stormwater management water treatment plan. 108. LANDSCAPING – New frontage landscaping and sidewalk to match the design across the street on the south side of Nagareda Dr. Sidewalk width must be per City standard. 109. BICYCLE PARKING – The applicant shall provide bicycle parking on-site. These improvements shall be shown on the final plans to the approval of the City Engineer. Fire Conditions of Approval 110. Comment: Private Firewater Supply (underground), shall be designed to the NFPA 24 standard and subject to a permit from the Fire Marshal’s office. Private Fire Water Supply to a property shall consist of an aboveground DDCA. Publi c hydrant (street hydrant) shall be within 50 ft of the DCCA. The DDCA shall be 5.A.c Packet Pg. 50 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Resolution No. 2021-xx Page 22 provided with supervision (monitoring). A Fire Flow calculation for the project shall be based on the largest building and its construction type in conformance with the IFC/CFC Appendix B Table B105. Fire Flow Tests are conducted by the Fire Marshal by request and payment of applicable fees. Note that 6” is the minimum underground fire hydrant supply line pipe size. 111. Correction: There are not enough fire hydrants shown on the p lans submitted. For future plans, show a 150 foot radius circle drawn around all public and private fire hydrants demonstrating coverage. Private (site) Fire Hydrants are required such that there is a hydrant within 150 feet of the most remote part of any building, combustible materials, or hazardous operations. There is one public fire hydrant on Nagareda and others on the East side of Forest. A possible location for a private fire hydrant may be near the trash enclosure. If fire hydrants are near vehicle drive aisles, then the fire hydrants must be protected from vehicle impact. Hydrant details shall refer to the City Standards. 112. Comment: Install an NFPA 13 fire sprinkler system designed to handle the highest expected hazard. The fire sprinkler system shall be monitored by a dedicated function fire alarm system. 113. Comment: Install a Zurn ”Vandal-Proof” floor drain or equivalent inside the trash enclosure. The trash enclosure shall be constructed to prevent unauthorized entry from outsiders (i.e. locking doors, highblock wall construction, non-combustible roof). 114. All fire protection systems (fire underground water supply, fire sprinkler system, fire alarm system, etc.) must have separate (deferred) permits. PASSED AND ADOPTED this 1st day of April 2021 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: APPROVED: _____________________________ ______________________________ Karen L. Garner, Director Tom Fischer, Chairperson 5.A.c Packet Pg. 51 Attachment: PC Resolution AS 21-01 (3237 : Forest St. Industrial Building AS 21-01) Karen L. Garner DIRECTOR Community Development Department 7351 Rosanna Street, Gilroy, California 95020-61197 Telephone: (408) 846-0451 Fax (408) 846-0429 http://www.cityofgilroy.org DATE: April 1, 2021 TO: Planning Commission FROM: Cindy McCormick, Senior Planner SUBJECT: General Plan Annual Report and Annual Progress Report RECOMMENDATION: Accept the report as an informational item. No action is required. BACKGROUND On March 15, 2021, staff presented the City Council with t he General Plan 2020 Annual Report which describes notable activities in 2020 that made progress towards implementing 2020 General Plan policies and action items. Staff also provided a summary of the City’s Housing Element Annual Progress Report (APR), inc luding the City’s progress toward meeting its 2015-2023 Regional Housing Needs Allocation (RHNA) and progress in implementing Housing Element programs and other activities. The City Council report also included a discussion on the status of the ADU Ordinance and future workplan items including an Affordable Housing Ordinance, the City’s 2023- 2031 Housing Element Update, and an update to the City’s Downtown Gilroy Specific Plan (Attachment 1). SUMMARY The General Plan 2020 Annual Report (Attachment 2) highlights the following notable activities: Adoption of the 2040 General Plan; the City’s public safety response to COVID-19; various economic development activities; historic preservation efforts; CARES Act funding highlights; and development activity that took place in 2020, including completion, or near completion, of several neighborhoods in the Glen Loma Ranch area. The second section of the General Plan Annual Report includes a table illustrating the City’s progress towards permitting its Regional Hou sing Needs Allocation (RHNA) of affordable and market rate units. Since 1969, the State of California has required that all local governments (cities, towns and counties) adequately plan to meet the housing 7.A Packet Pg. 52 2 needs of everyone in our communities. The Regional Housing Need Allocation (RHNA) process is used to determine how many new homes, and the affordability of those homes, each local government must plan for in its Housing Element. The RHNA program establishes an eight-year cycle within which the city must work to achieve the allocated amounts of new housing in each income category. The current RHNA cycle is for the period from January 31, 2015 – January 31, 2023 (2015-2023). As illustrated in the following table, the remaining Very Low Income target is 97 u nits and the remaining moderate income RHNA target is 178 units. The City has exceeded the RHNA for Low Income and Above-Moderate (market rate) housing units. Regional Housing Needs Allocation Progress (2015 – 2020) Income Level Unit Allocation 2015 – 2019 Units 2020 Units Total Units Permitted Units Remaining *Very Low (31 – 50% AMI) 236 63 76 139 97 Low (51 – 80% AMI) 160 487 80 567 0 Moderate (81 – 120% AMI) 217 24 15 39 178 Above Moderate (Above 120% AMI) 475 1,124 172 1,196 0 Total Units: 1,088 1,698 243 1,941 Remaining Need = 275 *The category “extremely low-income households” is a subset of “very low-income households,” and is defined as 30 percent or less (0 – 30%) of the area median income. CONCLUSION: For additional information, please review the attachments to this staff report. This report and the attachments have been provided as an informational item, and no further action is needed from the Planning Commission. Attachments: 1. 3-15-21 Council Report 2. 2020 General Plan Annual Report - Final 3. Housing Laws 101 4. Affordable Housing 101 and FAQs 7.A Packet Pg. 53 City of Gilroy STAFF REPORT Agenda Item Title: 2020 General Plan and Housing Element Annual Report Meeting Date: March 15, 2021 From: Jimmy Forbis, City Administrator Department: Community Development Department Submitted By: Karen Garner Prepared By: Karen Garner Cindy McCormick Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Neighborhood Services ☐ Enhanced Public Safety ☐ Workforce Stability ☐ Public Engagement RECOMMENDATION Accept the 2020 General Plan and Housing Element Annual Report and direct staff to transmit the report to the appropriate State agencies. EXECUTIVE SUMMARY The General Plan Annual Report fulfills the requirements of California Section 65400 of the California Government Code, which requires all jurisdictions to prepare an annual report addressing two primary topics: 1) the status of the General Plan and activities in 2020 that show progress towards its implementation; and 2) a Housing Element Annual Progress Report (APR) which includes a summary of Gilroy’s progress towards meeting its 2015-2023 Regional Housing Needs Allocation (RHNA). Following presentation to the City Council, the General Plan Annual Report and APR will be forwarded to the 10.B Packet Pg. 82 7.A.a Packet Pg. 54 Attachment: 3-15-21 Council Report (3204 : General Plan Annual Report and Annual Progress Report) Governor’s Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD), prior to its April 1st due date. DISCUSSION The first section of the General Plan Annual Report describes notable activities in 2020 that made progress towards implementing 2020 General Plan policies and action items. The summarized activities are not a comprehensive list, as the majority of the 2020 General Plan policies and related action items have been implemented throughout the 18 years since its adoption in June 2002. Moreover, many of the implementation actions, such as design review of development applications, code enforcement, and building inspections are ongoing, and are not listed in the report. The previous implementation of other more specific General Plan policies and action items can be viewed in prior Annual General Plan Reports. A review of the Housing Element implementation status, and progress toward meeting the City’s 2015-2023 Regional Housing Needs Allocation (RHNA), is provided in section 2 of the General Plan Annual Report, beginning on page 13 (Attachment 1). In addition to the discussion on the General Plan Annual Report and APR, this staff report includes a discussion on the status of the ADU Ordinance, the City’s SB330 compliance, status of creating objective design standards for the City, and future work plan items including an Affordable Housing Ordinance, the City’s 2023-2031 Housing Element Update, and an update to the City’s Downtown Gilroy Specific Plan. General Plan 2020 Annual Report. The attached Report highlights the following notable activities: ; Adoption of the 2040 General Plan ; The City’s public safety response to COVID-19 ; Completion of the Sewer Local Limits Study and Evaluation, Sewer Use Ordinance update, and Sewer Enforcement Response Plan ; Various economic development activities including: ƒ Progress towards implementing a new Land Management System for processing permits ƒ Small Business Relief Program funding through the CARES Act ƒ Outdoor dining streamlined registration program ƒ Downtown Improvement Incentive Program ƒ Unreinforced Masonry (URM) building retrofit progress ; Historic preservation efforts including an update to the City’s Historic Resource 10.B Packet Pg. 83 7.A.a Packet Pg. 55 Attachment: 3-15-21 Council Report (3204 : General Plan Annual Report and Annual Progress Report) Inventory and approval of two (2) Mills Act Agreements ; St. Joseph’s Family Center Rent Relief Program funding through the CARES Act ; City Council approval of $267,500 in General Fund monies to help local community- based agencies ; Accessory Dwelling Unit Ordinance Update ; Development activity that took place in 2020, including completion, or near completion, of several neighborhoods in the Glen Loma Ranch area. Housing Element Annual Progress Report (APR). The second section of the General Plan Annual Report includes a table illustrating the City’s progress towards permitting its Regional Housing Needs Allocation (RHNA) of affordable and market rate units. The Report also includes a written summary of the City’s progress in implementing Housing Element programs and other activities intended to remove governmental constraints to the maintenance, improvement and development of housing. The APR will be submitted electronically to HCD and OPR, following staff’s presentation to the City Council. What is RHNA? Since 1969, the State of California has required that all local governments (cities, towns and counties) adequately plan to meet the housing needs of everyone in our communities. The Regional Housing Need Allocation (RHNA) process is used to determine how many new homes, and the affordability of those homes, each local government must plan for in its Housing Element. The RHNA program establishes an eight-year cycle within which the city must work to achieve the allocated amounts of new housing in each income category. The current RHNA cycle is for the period from January 31, 2015 – January 31, 2023 (2015-2023). In 2020, the City of Gilroy issued building permits for the Glen Loma Ranch, Below Market Rate (BMR) Apartments. That complex included 129 very-low income units and 42 low income units, as well as two (2) manager’s units that can be counted towards the moderate-income RHNA category. Additionally, 13 Accessory Dwelling Units (ADUs) that were issued building permits in 2020 can be counted towards the City’s moderate-income RHNA category. As illustrated in the following table, the remaining Very Low Income target is 97 units and the remaining moderate income RHNA target is 178 units. The City has exceeded the RHNA for Low Income and Above-Moderate (market rate) housing units. Regional Housing Needs Allocation Progress (2015 – 2020) 10.B Packet Pg. 84 7.A.a Packet Pg. 56 Attachment: 3-15-21 Council Report (3204 : General Plan Annual Report and Annual Progress Report) Income Level Unit Allocation 2015 – 2019 Units 2020 Units Total Units Permitted Units Remaining *Very Low (31 – 50% AMI) 236 63 76 129 97 Low (51 – 80% AMI) 160 487 80 567 0 Moderate (81 – 120% AMI) 217 24 15 39 178 Above Moderate (Above 120% AMI) 475 1,124 172 1,196 0 Total Units: 1,088 1,698 243 1,941 Remaining Need = 275 *The category “extremely low-income households” is a subset of “very low-income households,” and is defined as 30 percent or less (0 – 30%) of the area median income. Status of Specified Housing Activities As a follow-up to questions raised by various members of the City Council during previous Council meetings, staff has provided some additional information below regarding status of the ADU Ordinance, SB330 compliance, status of creating objective design standards for the City, and future workplan items including an Affordable Housing Ordinance, the City’s 2023-2031 Housing Element Update, and an update to the City’s Downtown Gilroy Specific Plan. ADU Ordinance: On January 1, 2020, new state laws became effective which require local approval for various types of accessory dwelling units (ADUs) on single-family and multi-family zoned parcels. On February 10, 2020, following a report by staff state housing legislation including revised ADU standards, Council directed staff to update the City’s ADU ordinance to implement the mandates of state law. Although the City had the option of simply rescinding the existing ADU ordinance and complying with state law, the new ADU requirements were spread across multiple bills and were difficult to interpret. Staff recommended and the Council agreed that adopting a new Gilroy ordinance best served our citizens and development community by making it easier to find and understand ADU requirements. Consultation with the California Department of Housing and Community Development (HCD) staff was initiated early to confirm staff understanding of the law and help assure the final ordinance would be accepted by the State. During this review, HCD staff advised the City that it must not impose a limit on the number of bedrooms, must allow 10.B Packet Pg. 85 7.A.a Packet Pg. 57 Attachment: 3-15-21 Council Report (3204 : General Plan Annual Report and Annual Progress Report) attached ADU’s with only 4-foot side and rear yard setbacks (including exterior side yards), and must permit internal conversions up to 50% of the primary residence size. The Ordinance was then revised to include these allowances. On May 14, 2020, the Planning Commission recommended approval of the draft Ordinance. The ADU Ordinance 2020-03 (Z20-01) was adopted by City Council on July 6, 2020 and sent to HCD on July 22, 2020 for its review and final approval. There is no formal “approval” from HCD of the city’s ADU ordinance, rather, HCD continues to provide clarifications and direction to cities. City staff has been in direct contact with HCD and received acknowledgement that the city’s ADU ordinance is in substantial compliance with only minor, non-substantive suggested changes. SB330 Compliance: SB 330, the Housing Crisis Act of 2019, amended the Housing Accountability Act to require, with certain exceptions, that a housing development project only be subject to the ordinances, policies, and standards adopted and in effect when a preliminary application is submitted. Furthermore, in 2020, SB 1030 clarified that SB 330 is applicable to the submission of a “complete” application, pursuant to the Permit Streamlining Act, even if the applicant has not submitted a preliminary application. The City of Gilroy has long provided applicants with comprehensive application submittal checklists, both in person and on the City’s website. The City’s 28 page long Submittal Checklist Details Document continues to be thoroughly reviewed by the City’s Community Development and Engineering Departments to ensure that the City receives “complete” application submittals in line with the City’s expectations. Staff spends time with each applicant, as needed, to go through the checklist and streamline the submittal process where appropriate. Additionally, staff is drafting a comprehensive preliminary application checklist, in consultation with the City Attorney’s office. Additional information on SB 330, the Housing Accountability Act, the Permit Streamlining Act, and other noteworthy housing laws are included in Attachment 2. Objective Design Standards: As provided in the March 8, 2021 City Council Study Session memo, the City of Gilroy was awarded a $160,000 grant to create objective design standards for multi-family residential projects in Gilroy, The City hired a consultant to complete this work with oversight from city staff. In addition to ensuring that the new Zoning Ordinance (to be completed by the end of 2021) is objective, this project will result in a final report outlining a menu of recommended objective design standards that will be used to amend the City’s policies, standards, and conditions to ensure that the City is compliant with the Housing Accountability Act and SB330. Following feedback from the City Council at the March 8, 2021 Council study session, the consultant will refine the scope of work and create objective standards that are in line with Council expectations and the vision for the City of Gilroy. The recommendations will be presented to the Planning Commission and the City Council for review and approval prior to formally adopting them as part of the City’s multi-family residential review process. This project is expected to be complete in fall 2021; however 10.B Packet Pg. 86 7.A.a Packet Pg. 58 Attachment: 3-15-21 Council Report (3204 : General Plan Annual Report and Annual Progress Report) interim objective design standards could be implemented sooner. In addition, all existing objective design criteria applicable to multi-family housing may still be applied. Affordable Housing Ordinance: In 2020, the City was awarded $150,000 in HCD grant funding1 to be used towards efforts that would help accelerate housing production in Gilroy. One of the tasks identified in the grant application was the preparation and implementation of an Affordable Housing Ordinance. This could take the form of an Inclusionary Housing Ordinance or an Affordable Housing Incentives Ordinance. The exact form of the Ordinance will be determined through community outreach, as part of the Housing Element update. An Inclusionary Ordinance would require all residential developments over a certain size to restrict a certain number of units as affordable and would be in line with what many other jurisdictions throughout California have implemented to satisfy RHNA. An Inclusionary Ordinance would also allow for more controls over rental and owner-occupied affordable units. Alternatively, the City could adopt an Affordable Housing Incentives Ordinance that takes a “carrot versus stick” approach to meeting the City’s RHNA. A Housing Incentives Ordinance could include incentives such as streamlined review and/or regulatory incentives that go beyond the Density Bonus Ordinance. These incentives could also target specific areas identified for more affordable housing, including the Downtown Gilroy Specific Plan area and the City’s Neighborhood Districts or specific housing types such as micro-units. The City could also prioritize specific needs identified in the Housing Element, including but not limited to extremely low-income households, large households, and senior households. This Ordinance would be adopted as part of the City’s 2023-2031 Housing Element Update, following community outreach and the potential creation of a Housing Element Update Advisory Committee. Additional information on affordable housing has been prepared by the Santa Clara County Planning Collaborative and is provided in Attachment 3. The Collaborative is a shared effort among the county's jurisdictions to help address the region's housing challenges. The jurisdictions, by working together collaboratively, save money, time, and resources by sharing information and capacity; maintain & facilitate relationships with non-profits, affordable housing advocates, and key governmental organizations; and receive additional staffing support from Baird + Driskell Community Planning. 2023-2031 Housing Element Update: In 2021, the City applied for up to $182,602 in ABAG funding to be used towards the City’s 2023-2031 Housing Element Update, since it is anticipated that the cost of the update will be significant, given new requirements for identifying sites that can accommodate the increase in RHNA units and new requirements for affirmatively furthering fair housing. The City is guaranteed at least $32,602 from this grant application. However, staff has recently heard that the overall grant requests received by ABAG exceed the available funding by approximately $11 million. 1 Local Early Action Planning Grant Program (LEAP) funds through the 2019-20 State Budget Act 10.B Packet Pg. 87 7.A.a Packet Pg. 59 Attachment: 3-15-21 Council Report (3204 : General Plan Annual Report and Annual Progress Report) Additional information regarding next steps in the 2023-2031 Housing Element Update will be presented to the City Council soon. Downtown Gilroy Specific Plan Update: As part of the ABAG housing grant discussed above, the City also requested $700,000 in funding to update the City’s Downtown Specific Plan and associated environmental review. Only jurisdictions that have a designated Priority Development Area (PDA)2 were eligible to apply for the PDA funding portion of the grant. However, as discussed above, overall grant requests exceed the available funding by approximately $11 million. To be eligible for the PDA funds, the grant must be used towards expanding the Downtown Specific Plan area further into the PDA boundary. The PDA area includes the entire Downtown Specific Plan area as well as commercial and residential properties located to the south of Old Gilroy Street between Alexander Street and Highway 101 down to the intersection of Highway 101 and Monterey Street3. PDA grants must be completed within 30 months of being awarded. If the funds were awarded sometime this summer, the funds would need to be expended by the end of 2023, give, or take a few months. Given the highly competitive nature of this grant funding and the requirement that the funds be exclusively used for accelerating housing production in the PD, it is anticipated that the City of Gilroy would need to provide additional funding towards this effort. Additional information and a potential budget for the update will be presented to the City Council in late spring / early summer, following ABAG’s grant hearings scheduled for May 2021. ALTERNATIVES 1. Should the Council choose not to accept the report, staff will seek direction from the Council regarding additional information needed and bring the report to a future Council meeting for acceptance. This action is not recommended. FISCAL IMPACT/FUNDING SOURCE No fiscal impact has been identified in conjunction with this project. NEXT STEPS After acceptance of the report by the City Council, staff will transmit it to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development. 2 Priority Development Areas (PDA) are places near public transit planned for new homes, jobs and community amenities. PDAs are intended to help the Bay Area reduce greenhouse gas emissions and provide housing for all, regardless of race or income. 3 The City’s PDA was approved by the Metropolitan Transportation Commission (MTC) 10.B Packet Pg. 88 7.A.a Packet Pg. 60 Attachment: 3-15-21 Council Report (3204 : General Plan Annual Report and Annual Progress Report) PUBLIC OUTREACH Staff posted a notice of this meeting on social media and through all other usual City communication outlets. Staff will also be presenting the findings of this report to the Planning Commission on April 1st as an informational item. Attachments: 1. 2020 General Plan Annual Report 2. Housing Laws 101 3. Affordable Housing 101 and FAQs 10.B Packet Pg. 89 7.A.a Packet Pg. 61 Attachment: 3-15-21 Council Report (3204 : General Plan Annual Report and Annual Progress Report) City of Gilroy 2020 General Plan Annual Report March 15, 2020 7.A.b Packet Pg. 62 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 2 Purpose of the General Plan Annual Report The General Plan Annual Report fulfills the requirements of California Section 65400 of the California Government Code, which requires all jurisdictions to prepare an annual report addressing two primary topics: I. 2020 General Plan Implementation Activities describes notable activities in 2020 that made progress towards implementing 2020 General Plan goals, policies and action items. II. Annual Housing Element Progress Report provides a summary of the City’s progress towards meeting Gilroy’s Regional Housing Needs Allocation (RHNA) and efforts to remove governmental constraints to the maintenance, improvement and development of housing. The General Plan Annual report is to be presented to the Gilroy City Council, the Governor’s Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD) on or before April 1 of each year. Background of the General Plan Every city and county in California must have a general plan, which is the local government’s long-term framework or “constitution” for future growth and development. The general plan represents the community’s view of its future and expresses the community’s development goals. The general plan consists of the policy text, containing goals, polices and implementation actions, and the land use diagram, displaying the planned future land uses and pattern of development. All land use decisions by the Planning Commission and City Council must be consistent with the adopted General Plan. Under California law, cities are required to address seven issue areas or “elements” in their general plans: land use, transportation, housing, safety, open space, conservation, and noise. The State allows considerable flexibility in how these elements are organized, and encourages the inclusion of additional “elements” to ensure that plans are truly comprehensive and effective in addressing local issues. Typically, a general plan is designed to address the issues facing the city for the next 15-20 years. State Planning Guidelines recommend updating the General Plan about every 10 years. The Gilroy 2020 General Plan was adopted in June 2002. There have been multiple individual amendments to both the policy text and the land use diagram since that time. The Gilroy 2020 General Plan (which was current until November 2, 2020), incorporates the State-mandated elements, but organizes them into five major policy areas: Community Design and Development; Housing; Transportation and Circulation; Public Facilities and Services; and Community Resources and Potential Hazards. The General Plan also addresses a number of topics sometimes included in General Plans as “optional elements” to address key issue areas. These include Agriculture, Air Quality, Economic Development, Historic Preservation, Parks and Recreation, Schools and Water Supply and Quality. 7.A.b Packet Pg. 63 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 3 I. 2020 General Plan Implementation Activities The subsections below describe notable activities in 2020 that made progress towards implementing 2020 General Plan policies and action items. This is not a comprehensive list, as the majority of the 2020 General Plan policies and related action items have been implemented throughout the 18 years since its adoption in June 2002. Moreover, many of the implementation actions, such as design review of development applications (Action 1.J), code enforcement (Action 8.B), and building inspections (Action 25.C) are ongoing, and are not listed here. The previous implementation of other more specific General Plan policies and action items can be viewed in prior Annual General Plan Reports. A review of the Housing Element implementation status, and progress toward meeting the City’s Regional Housing Needs Allocation, is provided in Section 2, beginning on page 13. A. 2040 General Plan Adopted Action 28.C of the 2020 General Plan provides for a comprehensive review and technical update of the General Plan once every 10 years to evaluate the General Plan’s performance and consider possible modifications, in response to changed conditions and revised growth projections. In August 2013, 11 years after the adoption of the 2020 General Plan, the City initiated a comprehensive update. The 7-year process that began in 2013 endeavored two lengthy delays including the Measure H ballot initiative that passed in 2016, establishing an Urban Growth Boundary that restricts new development outside the boundary through 2040. The update focused on a number of important steps, including gathering information about existing conditions, establishing a vision and guiding principles, and evaluating land use alternatives. The process also included, preparing new General Plan goals, policies, and programs to address changing conditions and priorities, and new State laws. Following City Council approval of the 2040 General Plan Land Use Alternative in late 2019, the General Plan Advisory Committee (GPAC) and the Planning Commission recommended approval of the Draft Policy Document text (January 23rd and February 6th 2020, respectively). Following the March 16, 2020 City Council approval of the Draft General Plan Policy text, an Environmental Impact Report (EIR) was prepared. The Draft EIR was made available for a 45-day review period from June 26, 2020 through August 10, 2020. The City received thirteen (13) comment letters from individuals, organizations, and agencies. Responses were provided to each individual who had commented on the Draft EIR and included in the Final EIR which was completed on September 23, 2020. On October 2, 2020, the Gilroy Planning Commission voted unanimously to recommend that the City Council certify that the EIR and adopt the new General Plan. On November 2, 2020, the City Council certified the EIR, adopted the CEQA findings of fact and statement of overriding considerations, and adopted the Gilroy 2040 General Plan. 7.A.b Packet Pg. 64 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 4 B. Public Safety One of the primary Goals of the 2020 General Plan is to provide: Public health and safety through (1) the provision of high quality police, fire, and emergency-response services that respond to community needs and issues; (2) education programs that raise community awareness about public safety issues; and (3) preventive programs that involve residents in deterring crime, reducing fire hazards, and addressing other threats to public health and safety. Although the 2020 General Plan never envisioned a global pandemic, Policy 18.05 (Emergency Response and Preparedness) directs the City to continue to provide essential emergency public services during natural catastrophes. Promote emergency preparedness through staff training and planning in cooperation with other public agencies and appropriate public interest organizations. On March 16, 2020, by Order of the Health Officer of the County of Santa Clara, all individuals currently living within Santa Clara County (the "County") were ordered to shelter at their place of residence, due to the coronavirus (COVID-19) global pandemic. In response, the City of Gilroy shut its doors to the public and directed most if its employees to work from home, in order to slow the spread of COVID-19 to the maximum extent possible. The City of Gilroy’s offices continue to remain closed to the public, while providing remote services and enabling essential services, such as public safety and building inspections, to continue. The timeline below includes a small sample of Gilroy’s Fire Department response to the COVID-19 global pandemic: • January 2020 - Enacted significant infection control practices in preparation for the coming COVID-19 pandemic. • February 2020 – Required mandatory infection control reporting on all patients exhibiting COVID-19-like symptoms. • March 2020 – Enacted infection control practices assuming all patients were COVID- 19 positive. • April 2020 – Replaced all N-95 masks to highest respiratory protection available for firefighters when responding any patient regardless of symptoms. Enacted workplace health screening and contact tracing for all fire employees. • July 2020 – Enacted face-covering requirements for all firefighters within the station. • August – Routine COVID-19 testing provided for all firefighters. • December 2020 – Only one firefighter developed COVID-19 during the 2020 calendar year. C. Public Facilities and Services Infrastructure systems must meet residents’ needs, conserve resources, protect the environment, and protect public health and safety. Per Policy 19.03 (Sewer, Treatment, and Disposal Capacities), the City shall provide and maintain adequate sewers, 7.A.b Packet Pg. 65 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 5 wastewater treatment, and treated water disposal capacities to meet the needs of future growth (residential, industrial, and other). The City’s Fire Prevention and Pretreatment group completed the Sewer Local Limits Study and Evaluation, Sewer Use Ordinance update, and Sewer Enforcement Response Plan update in 2020, and submitted them to the State in January 2021. D. Economic Development Another primary Goal in the 2020 General Plan is economic development. This goal provides for a mix of traditional and new businesses and industries that provide a vibrant local economy, a diversity of economic opportunities for all Gilroyans, and a stable tax base to support City services, with a vital city center in and around Gilroy’s historic Downtown. With a strategic central location, talented workforce, and outstanding quality of life, Gilroy truly is “A Community with a Spice for Life”—and an ideal place to live, work, and build your business. The City of Gilroy proudly partners with the local business community to drive economic growth and development throughout the region. The City of Gilroy is business-friendly and offers a wide range of support services, including one-stop permit processing, permit expediting and financial incentive programs for high sales tax or job- creation businesses. Even through the pandemic, the City of Gilroy continues to support its local businesses through incentives, new programs, and exceptional customer service. The following represents a small sampling of the economic development tools that the City is using to keep its existing businesses “in business” and drive new business opportunities to the City. Permit Processing Improvements: The City of Gilroy provides a variety of services to fulfill the objectives of the General Plan and understands that efficient permit processing services is a key component of economic development. In 2020, the City awarded the contract for the purchase and implementation of a Land Management System to Tyler Technologies for the implementation of Energov to manage land development applications, business and professional licenses, special event permits, code enforcement cases, and fire prevention/pre-treatment/ hazardous materials management. The City and Tyler teams kicked off the project in September of 2020 with an anticipated "go-live" completion by the end of 2021. This project will modernize the City's application processes by allowing online application submittals, coordinated digital plan review, and automation of many steps in the process. Applicants will be able to check the status of their permit online and staff will have greater control over the workflow. CARES Act Funding: The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act program has provided $5 billion in CDBG coronavirus related funds to help prevent, prepare for and respond to the coronavirus outbreak. The City of Gilroy received 7.A.b Packet Pg. 66 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 6 $275,486 in CARES Act Funding, which was coupled with $344,229 in unused CDBG funds for a total of $619,715. A portion of these funds were used to support the City’s Small Business Grant Program. The City of Gilroy continues to partner with local agency providers to support their programming with these funds. Small Business Relief Program: In the face of COVID-19, City leaders know that many local small businesses are struggling. A strong business community fosters strong employees and strong communities. In an effort to help support our local small businesses and our community, the City of Gilroy established a grant program to support small businesses in these trying times. Businesses operating within the city limits of Gilroy were able to apply for a one-time business relief grant using CARES Act funding in 2020. A total of $469,715 in CARES Act funds were designated to small business grants. Since summer of 2020, $310,000 was distributed to 46 local business in the amounts of $5,000 or $10,000 for operational expenses such as the purchasing of merchandise, payroll and rent relief. In February 2021, the City of Gilroy entered into an agreement with the Gilroy Chamber of Commerce for the facilitation of the remaining $125,000 for the continuation of the CARES ACT Small Business Grant program. This program will continue into 2021. Outdoor Dining: Under the current COVID-19 restrictions for indoor operations, outdoor spaces are becoming vital to our community, which is why Gilroy developed a program to assist our local businesses and the community, while at a safe distance from others. The Gilroy Al Fresco Program, which began in 2020, continues to be an opportunity for restaurants and other businesses, such as fitness facilities, to remain open by utilizing outdoor space for dining, displaying merchandise, exercising, and providing services to their clients. The City has made it fast, easy, and free to sign up for the program, asking businesses to complete a brief registration form. Downtown Revitalization: The Vision and Guiding Principles of the 2020 General Plan place a high priority on Downtown, stating that Downtown will be the pride of Gilroy’s residents and the focal point of activity in the city.…” It envisions an active, attractive, and economically vibrant Downtown of restored historic buildings, attractive new buildings, a bustling transit center, new housing, pedestrian-oriented public spaces and amenities, and a new town Gilroy’s Old City Hall is located in the heart of the historic Downtown district, plaza or pedestrian mall.” While Downtown has experienced a period of decline, it remains a valued community resource and an important small business center, with restaurants, antique stores, and other specialty shops and service operations. Recent steps towards revitalization have produced valuable results, but many more challenges remain. Downtown Improvement Incentive Program: Policy 3.30 (Historic Preservation, Restoration and Re-use in the Downtown Area) encourages restorative maintenance to deteriorated buildings in the Downtown and restrict the demolition of historically and/or architecturally significant buildings to accommodate new development. Encourage adaptive re-use of historic structures to maintain their historic character while supporting economic development. 7.A.b Packet Pg. 67 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 7 Gilroy’s downtown businesses are an important part of our community and provide services and experiences that make our community unique. From July 1, 2019 to June 30, 2020 the City of Gilroy offered two limited-time incentives to help downtown businesses by assisting with efforts to revive and refresh their buildings. The two Downtown Improvement Incentive Program pilots were: (1) the Downtown Commercial Corridor Development Incentive Pilot, which temporarily reduced building and planning fees by 75%; and (2) the Downtown Façade Improvement Pilot, which offered $5,000 matching grants for façade improvements. A summary of results are presented below: Downtown Improvement Incentive Program The Downtown Commercial Corridor Development Incentive Pilot 34 planning and/or building permit applications qualified $64,738 in combined savings for all applicants $3,753,594 estimated new assessed valuation in building improvements Feedback revealed the pilot was viewed favorably by local business owners and that there is interest to renew The Downtown Façade Improvement Pilot 12 total applicants with an average project budget of $14,035 and average planned reimbursement of $4,166 $50,000 in total funds reserved for projects, representing 100% utilization $168,424 combined planned investment in downtown building improvements, including the City’s portion. This is a 337% increase over the City’s portion of $50,000 Feedback revealed the pilot was viewed favorably by local business owners and that there is interest to renew Participating businesses are host to a combined 44 local jobs URM Buildings: Action 25.D (Unreinforced Masonry [URM] Buildings) directs the city to implement actions to address safety issues related to Unreinforced Masonry Buildings. For a very long time, URM buildings remained vacant in the City of Gilroy, due to a lack of structural retrofit construction, required under state law. With the help of a city-property owner URM Task Force, agreements were reached with property owners resulting in significant progress. During 2020, a total of 14 of 17 remaining URM buildings were found to be compliant with the Voluntary Retrofit Standards (VRS) or the Mandatory Retrofit Standards (MRS), and can be occupied once tenant improvement are completed. This effort is resulting in a major reduction in vacant storefronts and the opportunity for new businesses to locate downtown. The 14 properties are listed below. 1. 7373 Monterey St (VRS) 2. 7401 Monterey St (VRS) 3. 7451, 7451-1/2, 7452 Monterey St (VRS) 7.A.b Packet Pg. 68 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 8 4. 7455 Monterey St (MRS) 5. 7477 Monterey St (VRS) 6. 7511 Monterey St (MRS) 7. 7529, 7531 Monterey St (VRS) 8. 7574 Monterey St (exempted by city) 9. 7568 Monterey St (exempted by city) 10. 7320, 7330, 7340 Monterey St (VRS) 11. 7517, 7525 Monterey St (VRS) 12. 7533, 7539 Monterey St, 7530 Gourmet Alley (MRS) 13. 7541, 7443 Monterey St, 7440 Gourmet Alley (MRS) 14. 7515 Monterey St (VRS) E. Historic Preservation Goal #5 of the General Plan is a strong sense of connection to Gilroy’s past through historical, archeological, and paleontological resources that are preserved, protected, enhanced, and commemorated for the benefit of current and future generations. Historic Resource Inventory and Context Statement: Policy 5.01 (Historic Preservation) encourages public and private efforts for the preservation of historic and architecturally significant buildings, archeological sites, and other landmarks that give residents a tie with the past and Action 5.E (Survey of Historic Structures) directs the City to periodically update the City’s Survey of Historic Structures. In 2018, the City hired a consultant to update the City’s 1986 Historic Resource Inventory (HRI), develop a Historic Context Statement, and create a Property Owner’s Guide to Historic Preservation in Gilroy. The consultant conducted a reconnaissance-level survey of all properties over 45 years of age within the city, surveying 3,374 properties. The consultant documented each property with notes and photographs, and made recommendations on properties to remain on the list, to be removed from the list, and to be added to the eligibility list. On June 17th and July 9, 2020 respectively, the Historic Heritage Committee and Planning Commission reviewed the documents prepared by the consultant and recommend that the City Council accept the HRI update and corresponding documents as guidance for evaluating historic or potentially historic structures. On August 17, 2020 the City Council accepted the Historic Resource Inventory Update and Context Statement as a guiding document for preservation of historic resources in the City of Gilroy. In 2021, the City will begin the process of considering the recommended additions and deletions of properties to be listed on the HRI. Mills Act Agreements. Action 5.G (Mills Act Agreements) supports the use of Mills Act contracts to reduce property taxes on historic properties and thereby provide a monetary incentive for their acquisition, maintenance, and restoration. 7.A.b Packet Pg. 69 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 9 The City of Gilroy adopted the Mills Act Agreement Policy in 1997 to foster and encourage the preservation, maintenance, rehabilitation, and restoration of historic properties. Owner-occupied family residences and income-producing commercial properties may qualify for the Mills Act program. If granted, the Mills Act agreement(s) can provide a property owner tax relief in exchange for a commitment to restore and retain the architectural integrity of the historic property. The tax benefit runs with the property and could potentially be indefinite since the Mills Act agreement auto-renews each year until a non-renewal notice is filed. Mills Act properties must be on a local, state, or national register of historic places. On November 2, 2020, the City Council approved two Mills Act program requests and authorized the City Administrator to execute Mills Act Agreements for a commercial Neo- Classical style building located at 7363 Monterey Road (the Neon Exchange) and a Tudor Revival style residential home located at 7511 Carmel Street. F. Community Development CDBG. Action 10.L (Community Development Block Grant Program [CDBG]) supports agencies that provide services to Gilroy households, especially to households with special needs, through the Community Development Block Grant Program. The health and economic impact of the COVID-19 pandemic has been felt around the world, but the virus has had a more devastating effect on our most vulnerable communities. Data from Santa Clara County indicates that communities of color have a greater risk of having a disproportionate impact from COVID-19. Gilroy is no exception. • Gilroy is largely a community of color (58% of the population is Latino). • Gilroy’s poverty levels are high compared to other cities (11.9% or 1 out of 8 Gilroy residents live in poverty, which is lower than the State poverty rate level of 15%). • It is not uncommon for multiple families to live in one household to make ends meet. • Many Gilroy residents work in the service industry or other lower paying jobs like in retail, hospitality, restaurants or food service, and agriculture. • Not all Gilroy residents have access to health care. The pandemic has created significant increases in rental debt, causing instability and financial hardships for both tenants and landlords. Additionally, job hour cutbacks and losses due to COVID-19 have disproportionately affected workers of small businesses and industries affected by the stay-at-home orders such as retail, entertainment, hospitality, and food service. Most of the workers in these industries are more likely to be renters because of lower wages. St. Joseph’s Family Center Rent Relief Program: As described earlier in this report, the City of Gilroy has received several rounds of CARES Act Funding. A portion of these funds were used to support the St. Joseph’s Family Center Rent Relief Program. The City of Gilroy partnered with the St. Joseph’s Family Center for the facilitation of the rent relief 7.A.b Packet Pg. 70 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 10 program utilizing $150,000 in CARES ACT funds. The St. Joseph’s Family Center Rent Relief Program was initiated back in September 2020 and since February 2021, the entire $150,000 has been utilized on rent relief. This program supported 62 Gilroy households, equating to 226 individuals, averaging 3.6 individuals per household. The average assistance amount was $2,362. Seventy (70) percent were extremely low income and thirty (30%) were very low income. Additionally, ninety (90) percent were Latino/Hispanic families. Community-based Partners. Action 7.C (Collaboration with Non-Profits) provides for establishing relationships with, and providing technical assistance to, both profit and nonprofit groups working in the area of affordable housing, facilitating innovative partnerships and collaborative approaches to affordable housing development. In April 2020, the City Council unanimously voted to designate $267,500 in General Fund monies to local community-based agencies, providing essential services to Gilroy’s most vulnerable populations affected by COVID-19. The City of Gilroy continues to partner with local agency providers to support their programming with these funds. Housing Trust Fund. Action 10.G (Housing Trust Fund) directs the City to continue to use the Housing Trust Fund to support affordable housing opportunities, seeking funds from public and private sources to implement or supplement the City’s housing programs, in accordance with administrative guidelines. The City continues to administer the Housing Trust Fund (HTF) program and funds housing-related activities as funding allows. These activities include fair housing services, tenant landlord counseling services, and homeless prevention services. In 2020, HTF funding was used for the following grant allocations: • The Health Trust (meals on wheels) $20,000 • Gilroy Compassion Center (day center for the homeless) $23,800 • St. Joseph’s Family Center (homeless prevention and safety net services) $50,000 • St. Joseph’s Family Center (Gilroy Street Team) $35,000 • Silicon Valley Independent Living Center (housing and emergency services for persons with disabilities) $25,000 • Project Sentinel (fair housing) $21,000 • Project Sentinel (tenant/landlord counseling and dispute resolution) $26,000 Accessory Dwelling Unit Ordinance Update. Action 9.C (Accessory Unit Ordinance) encourages the construction of accessory units in R1 areas through the Accessory Unit provisions of the Zoning Ordinance. On January 1, 2020, new state laws became effective which require local approval for various types of accessory dwelling units (ADUs) on single-family and multi-family zoned parcels. On February 10, 2020, following a report by staff state housing legislation including revised ADU standards, Council directed staff to update the City’s ADU 7.A.b Packet Pg. 71 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 11 ordinance to implement the mandates of state law. Consultation with the California Department of Housing and Community Development (HCD) staff was initiated early in order to confirm staff understanding of the law and help assure the final ordinance would be accepted by the State. During this review, HCD staff advised the City that it must not impose a limit on the number of bedrooms, must allow attached ADU’s with only 4-foot side and rear yard setbacks (including exterior side yards), and must permit internal conversions up to 50% of the primary residence size. The Ordinance was then revised to include these allowances. On May 14 202, the Planning Commission recommended approval of the draft Ordinance. The ADU Ordinance 2020-03 (Z20-01) was adopted by City Council on July 6, 2020, and sent to HCD on July 22, 2020 for its review and final approval. City staff will work with HCD on any further refinements needed to receive their approval. Development Activity in 2020. The General Plan is based on the premise that growth and change are inevitable, and that while growth is certain to have some undesirable impacts, it can also provide important community benefits. The General Plan helps guide the City’s long-term development. It establishes the overall policy framework for development decision making and defines the desired location, character, and quality of future development, as well as the process by which development should proceed. As the City faces tough development decisions, the General Plan serves as a guide to help ensure that each decision is made in the best interest of the City’s long-term future. If a project is proposed that does not conform to the General Plan, then the project must be either modified or denied, or the General Plan must be amended. Major Industrial Buildings 1. Distribution Center, 407,850 sq. ft. (under planning review) 2. Data Center, 418,680 sq. ft. (under planning review) 3. Silva Sausage Expansion, 28,989 sq. ft. (under planning review) 4. 8900 Murray Storage – 30,978 sq. ft. (under building review) Major Commercial / Office Buildings 1. Evergreen, 19,649 sq. ft. commercial, 120 room hotel (under planning review) 2. O’Reillys Auto Parts, 7,000 sq. ft. commercial (under building review) 3. Gilroy Nissan (occupied) 4. The Patio Shopping Center w/ Starbucks, Brew City Burger (occupied) 5. Hampton Inn Hotel (under construction) 6. Alpine Landscapes – 17,795 sq. ft. commercial & office (under construction) Glen Loma Ranch Specific Plan Area: Glen Loma Ranch includes 359 acres bounded by Uvas Creek to the north, Santa Teresa Boulevard to the west and south, and existing development to the east. The development includes two neighborhood parks, a new fire station, a town center commercial area, preserved open space, bicycle and pedestrian trails, and two existing schools: Ascencion Solorsano Middle School and Las Animas Elementary School. The Plan calls for up to 17 residential neighborhoods with a 7.A.b Packet Pg. 72 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 12 maximum of 1,693 dwelling units. Under the City’s Neighborhood District Policy, the Glen Loma Ranch Specific Plan area is required to allocate at least 15.1% of the actual units produced. The maximum potential number of affordable units is 256. Glen Loma Ranch completed, or neared completion of, the following neighborhoods as of the end of 2020: Vista Bella, Home Ranch, Wild Chestnut, Petite Sirah, and Mataro. Glen Loma Ranch is currently constructing the following neighborhoods: Montonico, Luchessa, The Grove, Town Center BMR apartments, and Town Center Townhomes. Neighborhoods that have not yet started construction include Nebbiolo, Malvasia, The Glen, Palomino and Luchessa. Neighborhoods currently under tentative map review include Malvasia Townhomes, Rocky Knoll Townhomes, and Canyon Creek. Development areas with no current development activity include Olive Gove and Town Center Flex. Neighborhoods are listed by name in the map below. Major Single-Family Developments 1. Glen Loma Ranch, Nebbiolo, 102 single-family homes (entitled by Planning) 2. Glen Loma Ranch, Malvasia I, 46 single-family homes (entitled by Planning) 3. Glen Loma Ranch, The Glen, 23 single-family homes (entitled by Planning) Major Multi-Family Developments 1. 9070 Kern Avenue Apartments, 22 affordable units (occupied) 2. Monterey Gateway Senior Apartments, 75 affordable units (occupied) 3. Glen Loma Town Center Apartments, 158 affordable units (under construction) 4. Glen Loma Town Center II, 125 townhouse units (under review) 5. Jemcor Apartments, 120 affordable units (under review) 6. Glen Loma Rocky Knoll Townhomes, 34 mixed-income units (under review) 7. Glen Loma Malvasia II Townhomes, 40 mixed-income units (under review) 8. Hecker Pass Apartments, 99 affordable units, 1 manger’s unit (under review) 7.A.b Packet Pg. 73 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 13 II. Annual Housing Element Progress Report Government Code section 65400 requires the City to prepare an annual progress report (APR) for Gilroy’s Housing Element, which is part of the City’s General Plan. The Housing Element outlines the City of Gilroy’s goals, policies, and implementation programs for the preservation, conservation, improvement, and production of housing for the 2015-2023 planning period. The Housing Element identifies the specific actions the City will take to address existing and future housing needs. The APR includes the City’s progress in permitting its Regional Housing Needs Allocation (RHNA) of affordable and market rate units. The APR also includes a description of the City’s progress towards implementing Housing Element programs intended to remove governmental constraints to the maintenance, improvement and development of housing. The APR will be submitted electronically to HCD and OPR, following staff’s presentation to the City Council. A. RHNA Progress Report The RHNA program establishes an eight-year cycle within which the city must work to achieve the allocated amounts of new housing in each income category. The current RHNA cycle is for the period from January 31, 2015 – January 31, 2023 (2015-2023). In 2020, the Area Median Income (AMI) for a four-person household in for Santa Clara County, as defined by the California Department of Housing and Community Development (HCD) was $141,600. Based on this, the following represents the income limits for the various affordable housing categories for a family of four: Extremely Low Income (ELI) 0 – 30% AMI – $47,350 Very Low Income (VLI) 31 – 50% AMI – $78,950 Low Income (LI) - 51 – 80% AMI – $112,150 Moderate Income 81 – 120% AMI - $169,900 Above Moderate – Above $169,900 In 2020, the City of Gilroy issued building permits for the Glen Loma Ranch, Below Market Rate (BMR) Apartments. That complex included 129 very-low income units and 42 low income units, as well as two (2) manager’s units that can be counted towards the moderate-income RHNA category. Additionally, 13 Accessory Dwelling Units (ADUs) that were issued building permits in 2020 can be counted towards the City’s moderate-income RHNA category. As illustrated in the following table, the remaining Very Low Income target is 97 units and the remaining moderate income RHNA target is 178 units. The City has exceeded the RHNA for Low Income and Above-Moderate (market rate) housing units. 7.A.b Packet Pg. 74 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 14 Regional Housing Needs Allocation Progress (2015 – 2020) Income Level Unit Allocation 2015 – 2019 Units 2020 Units Total Units Permitted Units Remaining *Very Low (31 – 50% AMI) 236 63 76 139 97 Low (51 – 80% AMI) 160 487 80 567 0 Moderate (81 – 120% AMI) 217 24 15 39 178 Above Moderate (Above 120% AMI) 475 1,124 172 1,196 0 Total Units: 1,088 1,698 243 1,941 Remaining Need = 275 *The category “extremely low-income households” is a subset of “very low-income households,” and is defined as 30 percent or less (0 – 30%) of the area median income. B. Activities to Remove Governmental Constraints The second component of the Housing Element Annual Progress Report requires the city to provide information on the progress in implementing Housing Element programs and other activities intended to remove governmental constraints to the maintenance, improvement and development of housing. Efforts conducted in 2020 include: Consideration of an Affordable Housing Ordinance: In 2020, the City of Gilroy applied for and was awarded $150,000 in grant funding to be used towards efforts that would help accelerate housing production in Gilroy. One of the tasks identified in the grant application was the preparation and implementation of an Affordable Housing Ordinance. This could take the form of an Inclusionary Housing Ordinance or an Affordable Housing Incentives Ordinance. The exact form of the Ordinance will be determined through community outreach, as part of the Housing Element update. This Ordinance would be adopted as part of the City’s 2023-2031 Housing Element Update, following community outreach and the potential creation of a Housing Element Update Advisory Committee. CDBG program funding: The city continues to administer the CDBG program and funds eligible activities as funding allows. One such activity is a housing rehabilitation program that helps low income individuals with accessibility improvements. The city has provided a grant to Rebuilding Together Silicon Valley to operate and expand the Home Repair, Rehabilitation and Modification program in Gilroy. This program provides a wide range of home repair, accessibility, mobility and rehabilitation improvements for low income 7.A.b Packet Pg. 75 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) 15 homeowners. The city also continues to utilize CDBG funding to fund housing code enforcement services within the HUD-approved Neighborhood Revitalization Strategy Area. Housing Trust Fund: The City continues to administer the Housing Trust Fund program and funds housing-related activities as funding allows. These activities include fair housing services, tenant landlord counseling services, and homeless prevention services. Housing Rehabilitation: The city currently funds a housing rehabilitation program that provides accessibility improvements to very low income households. The city has provided a grant to Rebuilding Together Silicon Valley to operate and expand the Home Repair, Rehabilitation and Accessibility Modification program in Gilroy. This program will provide a wide range of home repair, accessibility, mobility and limited rehabilitation improvements for low income home owners. BMR Program Administration: The City continues to contract with a Program Administrator to manage the city's Below Market Rate (BMR) home ownership and rental property program. The Program Administrator helps ensure regular monitoring of deed- restricted units that have the potential of converting to market rate. The Program Administrator helps the City implement resale controls on owner-occupied BMR units to ensure that affordable units provided through public assistance or public action are retained for 30 years or more as affordable housing stock. Homeless Services: The City provides funding to homeless service providers through both its CDBG and Housing Trust Fund programs. Services include referrals to the Santa Clara County Continuum of Care program, case management, homelessness prevention and provision of basic need items. Fair Housing Counseling: The City funds fair housing counseling services through its Housing Trust Fund program. It also publishes the availability of both tenant/landlord counseling and fair housing services via its website. 7.A.b Packet Pg. 76 Attachment: 2020 General Plan Annual Report - Final (3204 : General Plan Annual Report and Annual Progress Report) Housing Laws 101 prepared by City Staff as reference material for the 2020 Annual Report Page 1 of 2 Housing Laws 101 SB-35 was signed into State law in 2017 and became effective on January 1, 2018. SB- 35 applies in cities that are not meeting their Regional Housing Need Allocation (RHNA) goal for construction of above-moderate income housing and/or housing for households below 80% area median income (AMI). Currently, Gilroy meets its RHNA goal for construction of above-moderate income and low-income housing. However, the City has not yet met the RHNA goal for moderate and very-low income housing. Therefore, projects in Gilroy are eligible for a ministerial approval process, provided they meet all of the SB35 eligibility criteria, including setting aside at least 50% of the total units as affordable housing for lower-income households (max 80% AMI). AB 831, an "urgency statute" that took effect Sept. 28, 2020 upon being signed into law, makes a number of amendments to SB35. This amendment prohibits cities from using post-entitlement review processes to avoid the intent of SB 35, given that housing developments inevitably evolve after an entitlement permit is issued. This bill allows specified minor modifications to the development prior to the issuance of the final building permit, so long as the project continues to meet specified objective standards that were in place when the original application was submitted. The bill also provides that required off-site public improvements should be approved without delay and in a manner that does not inhibit, chill or preclude the development. The Permit Streamlining Act is a State law that requires the City to compile an application submittal checklist that specifies in detail the information that will be required from an applicant for a development project. Pursuant to this Act, the City has a maximum of 30 days to provide the applicant with a list and a thorough description of the specific information needed to complete the application. Once an application is complete, this Act also requires the City to approve or disapprove a development project within certain timeframes, depending on the type of CEQA review needed. The Housing Accountability Act (HAA) is a State law that is applicable to both affordable and market rate housing development projects, including emergency shelters, farmworker housing, transitional housing, and supportive housing. The HAA prohibits the City from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project that is consistent with objective local development standards, unless the City makes specified written findings based upon a preponderance of the evidence that a specific, adverse health or safety impact exists. In other words, the City cannot deny a housing development project based on subjective reasoning. SB 330 (Housing Crisis Act of 2019) amended the Housing Accountability Act to require, with certain exceptions, that a housing development project only be subject to the ordinances, policies, and standards adopted and in effect when a preliminary application is submitted. 7.A.c Packet Pg. 77 Attachment: Housing Laws 101 (3204 : General Plan Annual Report and Annual Progress Report) Housing Laws 101 prepared by City Staff as reference material for the 2020 Annual Report Page 2 of 2 AB 2345 (amendments to State Density Bonus Law) increases the maximum density bonus to up to 50%; lowers the minimum affordable unit threshold for granting incentives/concessions; allows 20% of the units in a 100% affordable development to be moderate-income units (the other 80% must be low-income); and requires the General Plan annual report to include density bonus information. This legislative update also decreases the maximum parking ratio to 1.5 spaces for 2-3 bedrooms units; authorizes a developer to request a total waiver of parking for senior housing projects that meet certain criteria; and clarifies how to measure half-mile of a major transit stop (for purposes of qualifying for additional benefits (e.g., parking reductions) and defines the term "natural or constructed impediments" for purposes of determining whether a development has unobstructed access to a transit stop. Furthermore, the city shall not impose any maximum controls on density if the housing development is located within one-half mile of a major transit stop. AB 1851 makes it easier for faith-based organizations to build affordable housing on their parking lots. This legislation reduces/eliminates parking requirements that would otherwise preclude such development and prevent cities from forcing faith-based organizations to later make up lost parking spaces when a parking lot is developed for housing. AB 3182 (Limit HOA's Ability to Restrict Home Rentals, including ADUs) prohibits HOAs from adopting or enforcing rental restrictions on more than 25% of the individual dwelling units in a development. AB 3182 also makes clear that accessory dwelling units (ADUs) and junior ADUs (JADUs) are not counted toward the overall 25% cap. However, HOAs can still enforce bans on short-term rentals for fewer than 30 days. AB 3182 also clarifies state ADU law to specify that an ADU application shall be deemed approved if the City has not acted upon a completed ADU application within 60 days. AB 725 (Moderate- and Above-Moderate-Income Housing Sites) imposes new requirements for city housing element updates. Under state law, housing elements must include, among other things, a residential land inventory that can be used to identify potential housing development sites. Commencing January 1, 2022, this law requires that at least 25% of a metropolitan jurisdiction’s RHNA share of moderate-income and above moderate-income housing be allocated to sites with zoning that allows at least 4 units of housing, but no more than 100 units per acre of housing. AB 1561 (Housing Entitlement Extension) extends the expiration of a housing entitlement by 18 months, if it was in effect on and issued before March 4, 2020, and would have expired before Dec. 31, 2021. This legislation affects tentative maps, discretionary permits, and ministerial approvals / building permits. It explicitly excludes development agreements, a preliminary application under SB 330, and SB35 permit applications. This bill also extends the time for Native American tribes to respond to a CEQA consultation request by 30 days for any housing development application deemed complete between March 4, 2020, and Dec. 31, 2021. 7.A.c Packet Pg. 78 Attachment: Housing Laws 101 (3204 : General Plan Annual Report and Annual Progress Report) Affordable Housing 101 provided by the Santa Clara County Planning Collaborative Page 1 of 3 What is Affordable Housing in Santa Clara County? When we all have safe, healthy, affordable homes we create opportunities for everyone to have a bright future, but our region’s housing shortage has made it increasingly harder for people to call Santa Clara County home. Many working and middle-income families cannot afford housing priced at market rates, and there aren’t nearly enough affordable housing options. Purchasing a home is out of reach for many low income and middle class families while renters face some of the highest rental rates in the country. There’s no single cause that has led us to this housing shortage and there’s no magic bullet that will solve it. Fortunately, there are a variety we can come together to address the need for affordable housing options for all members of the community. Together, we can rise up to this challenge. Santa Clara County will need to plan for 129,927 housing units for the eight-year period between 2023 to 2031, with 73,199 of them being for lower and moderate-income residents. Improving and expanding housing options is imperative to advancing social, racial, and economic equity and inclusion goals across Santa Clara County. All communities across the County and the state will have to do their part in producing affordable housing and welcoming new residents to achieve housing for all. If we don’t produce enough affordable housing, the lack of housing options will result in longer commute times for workers, gridlocked traffic, and increased pollution. By creating affordable housing options, we’ll create robust and diverse communities that support a strong quality of life and welcome people of all generations, families with children, and single adults who will bring their talents and skills to Santa Clara County. This also includes having homes that match the diversity of incomes in our community and are available for the workers we rely on as a community. What is affordable housing? When we talk about affordable housing, we mean homes that are rented or sold at rents or sales prices that are lower than prevailing market rates. Affordable housing means your favorite hairstylist, your child’s teacher, or the friendly medical assistant at your doctor’s office can live close to their work. A medical assistant and a preschool teacher in Santa Clara County with two children would be in need of affordable housing with their combined average salaries of close to $90,000 a year. A year’s worth of rent would swallow up over 40% of their income, making them Affordable Housing Development Edwina Baker Plaza in Sunnyvale. Source: David Baker Architects. 7.A.d Packet Pg. 79 Attachment: Affordable Housing 101 and FAQs (3204 : General Plan Annual Report and Annual Progress Report) Affordable Housing 101 provided by the Santa Clara County Planning Collaborative Page 2 of 3 rent burdened. Consider a single-earner household of four. A daycare administrator with an average yearly income of about $55,000 heading a household of four. To afford market rent in Santa Clara County, 70% of this person’s income would be directed towards housing costs. In Santa Clara County, the vast majority of purpose-built affordable housing is built and managed by private and nonprofit developers using a variety of funding and financing sources. Affordable housing programs generally target households who earn 80% or below of the area’s median income, which for Santa Clara County is $112,150 a year for a household of four. Households that pay more than 30% of their monthly income are considered “rent burdened” while families who pay over 50% of their monthly income are considered “severely rent burdened”. Santa Clara County Area Median Income (AMI) Levels, 2020 Number of Persons in Household 30% 50% 80% 100% 1 $ 33,150 $ 55,300 $ 78,550 $ 99,100 2 $ 37,900 $ 63,200 $ 89,750 $ 113,300 3 $ 42,650 $ 71,100 $ 100,950 $ 127,450 4 $ 47,350 $ 78,950 $ 112,150 $ 141,600 5 $ 51,150 $ 85,330 $ 121,150 $ 152,950 Source: HCD (hcd.ca.gov), 2020 Income Limits The Wage and Housing Gap Occupation Mean Annual Wage % of AMI for 3 person HH % of Monthly income needed to afford average market rent for a two- bedroom unit Dishwashers $30,160 24% 127% Retail Salespersons $39,987 31% 96% Security Guards $41,512 33% 93% Daycare & Preschool Administrators $55,020 43% 70% Police Officers $130,911 103% 29% Preschool Teachers $41,563 33% 92% Hair Dressers $33,384 26% 115% Medical Assistants $47,846 38% 80% Receptionists and Information Clerks $39,239 31% 98% (Based on fair market rent for a one bedroom in Santa Clara County (hcd.ca.gov). Wage information from the California Employment Development Department) 7.A.d Packet Pg. 80 Attachment: Affordable Housing 101 and FAQs (3204 : General Plan Annual Report and Annual Progress Report) Affordable Housing 101 provided by the Santa Clara County Planning Collaborative Page 3 of 3 Frequently Asked Questions about Affordable Housing FAQs on affordable housing ● Who builds and manages affordable housing? ○ The vast majority of purpose-built affordable housing is built and managed by private and nonprofit developers using a variety of Federal, State., Local Government and private funding and financing sources. ● Who qualifies for affordable housing? ○ Affordable housing programs generally target households who earn 80% or below of the area’s median income, which for Santa Clara County is $112,150 a year for a household of four. See the tables below for more details on income levels and wages for the County as of February, 2021. ● Who lives in affordable housing? ○ Seniors, families with children, people facing health challenges or disabilities, or those who simply are starting a new phase of life – in short, people of all backgrounds. ● What does affordable housing look like? ○ Affordable housing is built in a wide range of architectural styles and densities. They can be midsize to large multifamily family developments, duplexes, triplexes, quadplexes, granny units, or cottage clusters. Affordable housing must comply with the same zoning codes, restrictions, and design standards as market-rate housing. Often, because affordable housing projects frequently rely on some public money, they have to comply with additional restrictions and higher standards than market-rate housing. ● I’ve heard affordable housing makes traffic worse and brings in crime-- is that true? ○ Affordable housing residents tend to own fewer cars and drive less and many affordable housing developments are located near transit centers. Local governments can also adopt policies that encourage affordable housing developments near job centers so affordable housing can help reduce traffic. ● Will an increase of affordable housing lead to overcrowded schools or affect the quality of our schools? ○ Households living in affordable housing on average have fewer children than those living in single family homes. School staff and teachers can benefit from affordable housing as well since wages for educators have not kept up with rising housing costs. A more robust supply of affordable housing options can be key to retaining talent in our schools. Lastly, children’s educational performance can be affected if they aren’t able to stay in one school for long and are forced to move around due to unstable housing. Affordable, stable housing provides a foundation for children to learn better. 7.A.d Packet Pg. 81 Attachment: Affordable Housing 101 and FAQs (3204 : General Plan Annual Report and Annual Progress Report) Karen L. Garner DIRECTOR Community Development Department 7351 Rosanna Street, Gilroy, California 95020-61197 Telephone: (408) 846-0451 Fax (408) 846-0429 http://www.cityofgilroy.org DATE: April 1, 2021 TO: Planning Commission FROM: Cindy McCormick, Senior Planner SUBJECT: Commission Training: Decision Making 101 RECOMMENDATION: No Action is needed. This item is informational only. Purpose: The purpose of this training is to present the Planning Commission with some helpful tips when reviewing applications, preparing for meetings, engaging in the public process, and rendering a well-considered recommendation or a decision on a discretionary application that is before the Commission. Training Materials: In addition to the handout on basic “decision making”, staff has attached a copy of the most recent Board, Commission & Committee Member Handbook. This handbook, which has been prepared by the City Clerk’s office, is designed to serve as a reference of the basic procedures that a pply to all City advisory bodies. It includes an introduction to the topic of the City’s governmental structure, relationships between the Commission, Council, and City staff, meeting preparation, meeting types, meeting management, and certain legal limita tions that have been placed upon the powers of both the City Council and its appointed advisory bodies. The Commission may already be familiar with the material presented in the attached documents, but this training may also serve as a helpful refresher. Attachments: 1. PC Decision Making 101 2. 2019 Gilroy BCC Handbook 7.B Packet Pg. 82 Decision Making 101 The purpose of this training memo is to provide the Planning Commission with some helpful decision making tips in their role as both an advisory body and a decision-making body. Additional information can be found in the most recent copy of the Board, Commission & Committee Member Handbook (Attachment 1). DISCUSSION Planning Commission Role: Pursuant to the Gilroy City Code (GCC) Section 30.49.20 (Powers of the planning commission), the planning commission shall have the power to decide any question involving the interpretation of any provision of GCC Chapter 30 Zoning Ordinance forwarded by the zoning administrator (i.e., the Community Development Director). In some cases, such as a planned unit development or a zoning amendment, the planning commission will be making a recommendation to the City Council, who has final approval authority. In other cases, such as a conditional use permit or a variance, the planning commission’s decision shall be final unless an appeal is taken to the city council, and the city council overrules the planning commission’s decision by a majority vote, as provided in Article LI. The authority for land use and zoning decisions in Gilroy is outlined in Article L. Planning Department Application; Article LI. Application Review Procedures; and Article LII. Amendment to the Zoning Ordinance of the Gilroy City Code. Decision Types: Most land use decisions are either “ministerial”, “quasi-judicial”, or “legislative”. Ministerial (non-discretionary) applications are approved or denied by staff based on established procedures (e.g., building and fire codes). Quasi-judicial decisions apply policy to an individual application and have a more direct effect on the rights, responsibilities, and restrictions of an individual or a small group of individuals. Courts scrutinize quasi -judicial decisions more closely because discretion is used to render a decision. The Planning Commission is the decision-making body for many quasi-judicial acts in Gilroy (e.g., Variances, Conditional Use Permits, and specified Site and Architectural Review permits). Legislative acts require City Council approval because they make or interpret policy (e.g., zoning amendments). Unlike ministerial or quasi-judicial decisions, legislative acts generally apply to everyone in the City or a subset of the City (e.g., the Downtown Gilroy Specific Plan area or the R-1 Single-Family Residential zoning district). Staff Reports: Decisions must be based on a rational analysis of relevant facts, regulations, and policies. Staff reports must include adequate information for the Planning Commission to make an informed decision. The record upon which a decision is made may also include findings and conditions of approval which are incorporated into a Resolution of Approval. Each project includes a unique set of circumstances that must be evaluated to determine whether the proposal satisfies the applicable standards for a given use or location. Conditions of Approval: Staff’s goal is to bring to the Planning Commission and/or the City Council, an application that meets all City Code requirements without special conditions of approval. However, in some cases, conditions of approval are necessary in order to make the findings for approval or to ensure that a project complies with City policy, development standards, and best practices. Pursuant to GCC Section 30.50.44 (Conditions), the granting of 7.B.a Packet Pg. 83 Attachment: PC Decision Making 101 (3247 : Commission Training) PC Training – April 1, 2021 Page 2 of 5 Decision Making 101 architectural and site approval may include such conditions as the planning director [or Planning Commission] deems reasonable and necessary under the circumstances to carry out the requirements of the zoning district and the intent of architectural and site approval. For example, the project may be approved under the condition that the applicant obtain a Santa Clara Valley Habitat Plan permit, prior to issuance of a grading permit. Another example could include limits on the hours of operation for a particular business (e.g., 7:00 AM to 10:00 PM). Findings: The Zoning Ordinance includes required findings for most land use decisions that require discretionary approval by staff, the Planning Commission, or the City Council. For example, in order to grant planned unit development (PUD) approval, the council must find that development will “not require urban services beyond those which are currently available”. Written findings are a statement of fact explaining the information that the advisory body or decision-making body has relied upon to make its decision. If a decision is challenged in court, the findings will be used to defend the decision-making body's reasoning and to determine whether its action was legally justified. Findings must be supported by evidence in the record (e.g., environmental report, historic resource evaluation, development plans, statement of operations), not unsupported statements. It’s OK to disagree with staff: In some cases, the Planning Commission may disagree with staff’s recommendation, findings, and/or conditions of approval. While the Commission could draft new findings and/or conditions of approval during the meeting, it may be best to continue the agenda item to a future meeting. The reason for continuing the item is that it may be difficult to draft defensible findings and conditions during the meeting. In recommending new findings and/or conditions of approval, the Commission should reach a majority consensus and provide staff with supporting evidence for the change in direction, using words like “because” and quoting a specific standard: • Cite the source of information or other evidence for the record that is driving the recommendation or decision to approve or not to approve the project or a specific aspect of the project. (e.g., per page 62 of the Downtown Gilroy Specific Plan, the vision for the Downtown Historic District is, among other ideals, to encompass architecture that reflects historic forms and materials while still allowing complementary contemporary architecture). • Describe in detail how or why the project either meets or fails to meet the requirements included in the General Plan, Specific Plan, Zoning Ordinance, or other standard. (e.g., The project fails to meet the findings for approval of a setback variance, pursuant to GCC section 30.50.20 (Variances), because the property is large enough to accommodate the required setback without unnecessary hardship, and allowing a setback variance under these circumstances would constitute the granting of a special privilege greater than that provided for other properties in the immediate vicinity). • State the impact of the project and why a particular aspect of the project cannot be approved as is. Be very clear on the reasons why the findings cannot be met (e.g., As discussed in the traffic impact analysis, the project does not provide adequate parking for the projected 7.B.a Packet Pg. 84 Attachment: PC Decision Making 101 (3247 : Commission Training) PC Training – April 1, 2021 Page 3 of 5 Decision Making 101 number of vehicles expected for the multi-family development. Therefore, the project as proposed does not satisfy Planned Unit Development finding #9, to provide adequate parking). • Provide the applicant with direction on how he or she can satisfy the findings for approval (e.g., As recommended in the traffic impact analysis, the project shall be redesigned with an additional five (5) on-site guest parking stalls in order to satisfy Planned Unit Development finding #9 to provide adequate parking). • If recommending new or revised conditions of approval unique to the project1, the conditions should be very clear, measurable, and obtainable, so the applicant does not have to come back to the Commission for clarification (e.g., The historic brick masonry from the original construction of the c.1890 building should be repaired by a professional mason or appropriate expert in masonry. If the historic brick masonry (or any part thereof) is missing or is too deteriorated to repair, it should be replaced in kind, with historically appropriate masonry material, by a professional mason or appropriate expert in masonry, using photographic evidence of the masonry and mortar. If repair, or replacement in-kind, is not technically or economically feasible, then a compatible masonry brick and mortar that matches the original brick and mortar, may be used. The replacement material must not appear as a brick veneer; however, in-kind bricks that are cut in half to appear as full bricks may be utilized). When Staff Recommends Denial: While rare, staff occasionally recommends denial of a project when an applicant is unwilling to make project revisions in order to comply with city code and/or the mandatory findings for approval. However, it is entirely within the decision-making body’s authority to approve the project. In this case, the advisory body or decision-making body should provide staff with sufficient supporting evidence to reject staff’s recommendation of denial. This information will be used by Staff to prepare alternative approval findings and conditions of approval, normally for adoption at a subsequent meeting. As discussed earlier in this memo, if a decision is challenged in court, the findings will be used to defend the decision-making body’s reasoning and to determine whether the action was legally justified. Making Informed Decisions: Be prepared! A well-prepared and engaged Planning Commission is more likely to make wise decisions that inspire confidence in the process and withstand judicial review. The process of applying policies to a specific application can be highly complex and technical. The time you actually spend at meetings is only a small part of the t ime it takes to make good decisions. Be prepared to spend a considerable amount of time remaining informed, active and engaged. Planning Commissioners who have thoroughly reviewed their agenda packets will be better prepared for the meeting. The following tips are being provided to help the Commission prepare for a productive meeting2: 1 It is generally not necessary to include conditions of approval that are already required under the City Code. 2 The information in this section includes excerpts from the City of San Mateo’s Planning Commission Handbook, The Institute For Local Government’s An ounce of prevention: Best Practices for Making Informed Land Use Decisions and The Governor’s Office of Planning and Research’s The Planning Commissioner’s Book (out of print). 7.B.a Packet Pg. 85 Attachment: PC Decision Making 101 (3247 : Commission Training) PC Training – April 1, 2021 Page 4 of 5 Decision Making 101 • Become Familiar with the General Plan and Zoning Code – Prior to the meeting, you should review the pertinent sections of the general plan, zoning ordinance, specific plan, or other standards. These documents provide the basis for many of the decisions that will be made. • Understand the Difference between Guidelines and Standards: Guidelines are general statements of policy direction around which specific details may be later established. Guidelines are generally written as “should” statements rather than “shall” statements and may not be legally defensible if forced. On the other hand, standards are rules or measures establishing a level of quality or quantity that shall be complied with or satisfied. Examples of a standard include minimum lot area, maximum height, minimum setback, and maximum floor area ratio. • Read Your Packet – A staff presentation will be made for each item on the agenda. However, the full details of a project can only be ascertained by a review of the staff report and packet materials, including but not limited to any applicable environmental assessment. • Visit Project Sites - Visiting a project site can give you a better understanding of a project than merely reading about it in the packet. Become familiar with the project via the packet materials, then visit the site. • Listen to All Sides of an Issue before Rendering a Recommendation or Decision – In addition to reviewing the staff report, architectural drawings, and information provided before a meeting, consider all testimony given during the night of the meeting, before making a decision or providing a recommendation. • Rely on Facts, not Emotions or Personal Opinions - This can be hard, but it is very important. • Seek Solutions - Be a problem-solver. Contribute to debate in a way that will lead to solutions, and not merely add to the complexity of a situation. The quality of a decision or recommendation is improved when all commissioners contribute to the discussion. • Use the Chair to Keep the Meeting Orderly - Avoid extended one-on-one conversations with the applicant or public; instead, use the chair to direct questions and comments as appropriate. A simple question, such as “Would you be willing to use wood instead of metal?” followed by a “Yes” or “No” response from the applicant is fine. However, extended dialogue and debate between a commissioner and an individual member of the public (or applicant) make it difficult for the chair to run an orderly meeting. In addition, it may reduce other commissioners to being spectators instead of participants. • Make sure that your recommendation or decision is legally defensible. Ask yourself: Is the proposal consistent with the General Plan? Does it meet all applicable zoning or Specific Plan requirements? Are the environmental impacts of the project, if any, being reduced or eliminated by the mitigations or conditions of approval? Is the recommendation or decision supported by findings of fact based on substantial evidence in the record? When in doubt, ask staff for clarification ahead of the meeting. Staff can then research the issue and provide the entire Planning Commission with the answer. • Ask Questions - You've heard the expression, "there's no such thing as a dumb question." Well, it’s true. If you don't ask, who will? If you don't know, how else will you find out? Don't leave your understanding of an issue up to chance; take the initiative and find out. 7.B.a Packet Pg. 86 Attachment: PC Decision Making 101 (3247 : Commission Training) PC Training – April 1, 2021 Page 5 of 5 Decision Making 101 • Focus on Issues, Don’t Get Bogged Down in the Details - Details are important, but keeping the big picture in mind is important so not to get bogged down in excessive attention to minor detail. Sometimes it’s more comfortable to deal with minute details when a project is particularly controversial, but doing so may not produce answers. You should always strive to understand the essence or substance of the matter you are addressing. • Respect Your Peers - There is no rule that says commissioners have to agree unanimously on every aspect of a project (although that may occur), but the discussion should be courteous and professional. • Ask Staff – The Planning Commission will likely have questions as they review the agenda materials and evaluate information that may be an important factor in their decision or recommendation. A commissioner may need clarification on points made in the staff report or have a question about a particular aspect of the architectural drawings. In general, these types of questions are easily answered during the meeting without much forethought by staff. However, some questions should be asked in advance, to assure that the critical issues are well researched by staff before the meeting. Contacting staff early can help avoid unnecessarily delaying the meeting if staff needs time to research an issue. Additionally, if you think a staff report is erroneous, contact staff beforehand to clarify the issue. Staff welcomes the opportunity to answer questions and provide additional background information before the meeting. Staff can then provide the applicant, the public, and all commissioners a well-researched answer and additional information during the meeting. • Don’t feel pressured to make a decision in one meeting: Sometimes, the Planning Commission needs more information to make a decision. For example, if a member of the public presents new information to the Planning Commission during the meeting, additional research may be necessary to verify the information. Continuing the meeting also allows an applicant to make revisions to the project that could make the difference between a recommendation for approval or denial. On the other hand, if the applicant declines the request, it may be necessary to recommend denial of a project and allow the applicant to appeal to the City Council if necessary. 7.B.a Packet Pg. 87 Attachment: PC Decision Making 101 (3247 : Commission Training) Produced by the Gilroy City Clerk’s Office BOARD, COMMISSION & COMMITTEE MEMBER HANDBOOK 2019 7.B.b Packet Pg. 88 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) WELCOME AND ORIENTATION Welcome and thank you for your willingness to serve as a member of a City of Gilroy Board, Commission or Committee. Advisory bodies play an important role in city governance by assisting the City Council in addressing specific issues in detail, lending professional expertise, and facilitating community decision-making. The City of Gilroy has a number of advisory bodies, each with distinct responsibilities. As a new advisory body member you will need to familiarize yourself with the documents governing your particular body including the City Charter and ordinances, bylaws, relevant element(s) of the General Plan, and current work plan goals, all available from your staff liaison. Reviewing these documents will help you get a sense of your responsibilities. This Handbook is designed to serve as a reference of the basic procedures that apply to all City advisory bodies. Your staff liaison will facilitate a general orientation to familiarize you with your advisory body and go over current issues that have been under consideration. Learning your role and developing an effective voice takes time and familiarity. We hope this Handbook will assist you towards a satisfying and productive experience. Your participation is deeply appreciated by the City Council, by city staff, and by your community. The vitality and strength of our community comes from the willingness of people like you who serve Gilroy. Respectfully, Gilroy City Council and City Staff 7.B.b Packet Pg. 89 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) Table of Contents WELCOME AND ORIENTATION i STRUCTURE OF CITY GOVERNMENT 1 Form of Government 2 City Council 2 Boards, Commissions and Committees 2 City Officers, Departments and Staff 3 BOARD, COMMISSION & COMMITTEE MEMBERSHIP 4 Appointments 5 Resignations and Removals 5 Attendance 5 Vacancies 5 Annual Recognition 5 Terms 6 BOARD, COMMISSION & COMMITTEE OFFICERS AND STAFF 7 Officers 8 Staff 8 Records 8 Expenses 8 PREPARATION FOR MEETINGS 9 Preparation 10 Action 10 Agenda Questions 10 Limits of Authority 10 Objectivity 10 Openness 10 Clarifications 11 Conflicts of Interests 11 Remote Participation 11 MEETINGS 12 Regular Meetings 13 Adjourned Meetings 13 Special Meetings 13 Subcommittees 13 Quorum 13 Agendas 14 Minutes 14 Procedure 15 Work Plan 15 7.B.b Packet Pg. 90 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) Table of Contents (Continued) MEETING MANAGEMENT 16 Proceedings 17 Decorum at Meetings 19 Effective Conflict Management 19 Basis for Your Decision 20 Motions 20 Role and Responsibilities of the Chair 21 ROLES, RESPONSIBILITIES AND RELATIONSHIPS 23 Council-Advisory Body Relationship 24 Code of Ethics and Values 24 Staff-Advisory Body Relationship 25 Staff Responsibilities 25 Relations with other Advisory Bodies 26 City Clerk 26 City Attorney 26 IMPOSED RESTRAINTS 27 Conflict of Interest 28 Public Records Laws 28 The Brown Act & Gilroy Open Government Ordinance 28 Discrimination and Equal Protection 29 Due Process 29 Reasonableness 29 Use of Public Property 29 Conflict of Interest Code: Disclosure Requirements 29 USE OF CITY EMAIL 29 7.B.b Packet Pg. 91 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) THE STRUCTURE OF CITY GOVERNMENT 7.B.b Packet Pg. 92 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) THE STRUCTURE OF CITY GOVERNMENT A. FORM OF GOVERNMENT Generally, there are two sources of authority by which California cities govern themselves. General Law cities adhere to the provisions and requirements established as general law by the state of California. Charter cities use the election process to adopt a charter or constitution, which sets forth the basis and authority for all future actions not in contradiction with pre-emptive state law. Gilroy is a Charter City as are approximately 20% of California cities. B. CITY COUNCIL The City Council is a 7 member body consisting of 6 Council Members elected at large in even numbered years to staggered four-year terms, and one directly elected Mayor serving a four-year term. The City Council is the governing body of the City, vested with the regulatory and corporate power of the municipal corporation. The Council serves as the City’s board of directors and legislative body. It sets goals and priorities and establishes policies. The Mayor is the presiding officer of the Council, and the official spokesperson and representative of the City. It is not possible for each Council Member to know all pertinent facts of every given situation. For counsel and advice on the practical application of established policy, reliance is placed on the service of interested citizens appointed to the various advisory bodies. For technical and administrative assistance, both the Council and the advisory bodies refer to the City Administrator and the City Administrator’s staff. C. BOARDS, COMMISSIONS AND COMMITTEES There are two types of advisory bodies. One is permanent with duties, responsibilities, and scope of authority is set forth in an enabling ordinance or the Charter. The other is ad hoc and typically created by action of the Council to serve a particular function during a specified time. In both instances, the primary purpose of these entities is to gather information, weigh public input, and examine issues in depth to render a recommendation to the Council and the City Administrator. Certain advisory bodies also have decision-making authority in certain circumstances. A brief description of the various advisory bodies and their primary functions is available from the City Clerk’s office. 7.B.b Packet Pg. 93 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) D. CITY OFFICERS, DEPARTMENTS, AND STAFF The City Council appoints the City Administrator, City Clerk and City Attorney. 1. City Administrator The City Administrator has complete responsibility and authority for the administration of the City’s government. This individual is appointed by, and serves at the pleasure of the Council, and is the appointing authority for the City, selecting the department heads and other employees. 2. City Clerk The position of the City Clerk is established by state law, and has responsibility for conducting all municipal elections, acting as legislative support to the City Council, and maintaining all official city records. This individual is appointed by, and serves at the pleasure of the City Council 3. City Attorney The City Attorney is also appointed by, and serves at the pleasure of the City Council, and is retained to advise the Council and staff on questions of law, to represent the City in legal actions and other actions to which the City is a party, or as otherwise may be requested by the City Council. 4. Departments The administration of Gilroy’s government is provided by the City Administrator and the following departments: Administration, Community Development, Finance, Fire, Human Resources, Police, Public Works and Recreation. The heads of departments are appointed by the City Administrator with the consent of the Council, and serve at his/her pleasure. By virtue of their technical training and experience, they are assigned by the City Administrator to provide staff assistance as needed to the advisory body. However, the advisory bodies have no authority to supervise or direct the work of city staff. This is done only through the City Administrator. 7.B.b Packet Pg. 94 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) BOARD, COMMITTEE & COMMISSION MEMBERSHIP 7.B.b Packet Pg. 95 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) BOARD, COMMITTEE & COMMISSION MEMBERSHIP A. APPOINTMENTS In order to be eligible for appointment to an advisory body (with the exception of the Youth Commission), a person must be a qualified registered voter of the City, and may not hold any paid office or employment in the City government. After application, interview and selection, board, committee and commission appointments are made by majority vote of the Council for specified terms, which are mostly four years in length. Each advisory body member must be administered the oath of office by the City Clerk prior to being seated. In some instances, disclosure of economic interests may be required by the city’s Conflict of Interest Code under the regulations of the California Fair Political Practices Commission. B. RESIGNATIONS AND REMOVALS If a member is unable to continue serving because of health, business requirements or personal reasons, a letter or email of resignation should be submitted to the staff liaison. The position of any member is automatically vacated when the member ceases to meet the qualifications for office, when Council accepts the member’s resignation, or when the Council so declares. C. ATTENDANCE The City has attendance standards for all members of the City’s advisory body’s. A member shall be automatically removed from an advisory body under the following conditions: 1. A member has more than two excused absences and one emergency absence from regular meetings in a calendar year. (Resolution 2018-41) 2. A member absents themself from three consecutive regular meetings without the approval of the body as expressed in its minutes. D. VACANCIES Vacancies are filled by appointment by the Council. Appointments made in the middle of a term are for the unexpired portion of that term. E. ANNUAL RECOGNITION 7.B.b Packet Pg. 96 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) Advisory body members are honored annually at the city volunteer appreciation event. F. TERMS No person shall serve more than two consecutive full terms on the same policy body. A member who has served two consecutive full terms shall not be eligible for reappointment to the same policy body for four years. 7.B.b Packet Pg. 97 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) OFFICERS AND STAFF 7.B.b Packet Pg. 98 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) OFFICERS AND STAFF A. OFFICERS Each year, every advisory body will select from its membership a chairperson and a vice chairperson who serve at the pleasure of the advisory body. The term is for one year. It is the chairperson’s duty to preside over meetings and to present such reports as are required or requested by the Council, and to act as the formal representative in communications with the Council. The vice chairperson acts in this capacity when the chairperson is not available. B. STAFF The services of the city staff assigned to the advisory body are coordinated by the City Administrator. The City Administrator shall provide a secretary for the recording of the minutes of each advisory body who shall keep a record of its proceedings and transactions. C. RECORDS The agenda, meeting reports, minutes, audio or video and other official records of an advisory body are public records. Agendas, minutes and notices of adjournment or special meetings must be posted as required by the Ralph M. Brown Act and Gilroy Open Government Ordinance. D. EXPENSES Necessary meeting space and equipment will be made available to the advisory body. If a budget is provided, the advisory body is required to operate within budgetary limitations, with all expenditures requiring prior approval by the advisory body. Mileage and personal expenditures associated with attendance at approved conferences, hearings and other meetings will be reimbursed according to city policy. In all instances, the purchasing procedures of the City apply. 7.B.b Packet Pg. 99 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) PREPARATION FOR MEETINGS 7.B.b Packet Pg. 100 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) PREPARATION FOR MEETINGS A. PREPARATION Be prepared. Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. The issues that come before advisory bodies are important to the community as a whole and demand your consistent attention. In agreeing to serve on an advisory body, you make a commitment to put in the time required to prepare fully for each meeting. B. ACTION Understand what action you are being called upon to take for each particular agenda item. Your agenda will clearly identify the recommendation the policy body is being asked to make. C. AGENDA QUESTIONS If you have questions about the agenda or agenda report, contact your staff liaison before the meeting to clarify questions or request further information. D. LIMITS OF AUTHORITY Know the responsibilities of your advisory body, as well as the limitations of your individual authority. As a member of an advisory body you will be asked to provide recommendations to the City Council about specific issues through your policy body as a whole. Keep in mind that your appointment does not empower you to supervise or direct City staff. E. OBJECTIVITY Keep an open mind. An objective, balanced, and receptive approach will help you assess the facets of a given issue, and evaluate new ideas. When receiving written and oral public testimony it will be necessary to discern between fact and opinion, as well as between those concerns which are relevant and those which are secondary to the issue at hand. Keeping an open mind will make it easier for you to understand all sides of an issue before you make a judgment or take a position. You will need to ensure you’ve been provided with all of the facts before taking action. F. OPENNESS Strive to appreciate differences in approach and point of view. Diversity of ideas sustains a thoughtful dialogue and a vibrant community. Likewise, take care to articulate your own ideas: remember that your individual voice is a critical part of the whole dialogue. Again, furthering common goals takes cooperation, 7.B.b Packet Pg. 101 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) flexibility, and a broad-based view of the public interest. If in doubt, return to the foundational documents to guide your understanding of the complexities of an issue. G. CLARIFICATIONS If you are unsure about something before or during the meeting, ask for clarification from you staff liaison to ensure your decisions are based on the facts presented. On behalf of the public, your understanding of issues is important. Each advisory body has a City staff liaison to provide information to assist the members throughout the decision-making process. H. CONFLICTS OF INTERESTS Review each agenda item ahead of the meeting to determine if you may have a conflict due to property or monetary interests. Speak with your staff liaison before the meeting if you believe there is an item you must recuse from deliberating on due to conflict of interest. Staff may need to consult with the City Clerk or City Attorney You will be required to identify the reason for recusal and must leave the dais of the body during the deliberation of the item. I. REMOTE PARTICIPATION If a member of the body wishes to participate in a meeting remotely, they may be offered the opportunity to participate by teleconference or other means under certain conditions. See you staff liaison well in advance to coordinate any participation from a remote location as not all circumstances will afford you the opportunity to participate remotely. The location must be freely accessible to the public at all times during the meeting and shall be identified on the agenda which will be posted at the remote location. At least a quorum of the members of the body must participate from within the City boundaries. 7.B.b Packet Pg. 102 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) MEETINGS 7.B.b Packet Pg. 103 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) MEETINGS A. REGULAR MEETINGS Advisory bodies are required to hold regular meetings open to the public as provided by the enabling ordinance or the City Charter. All such meetings are held in City Hall or another City meeting facility, and may take place from time to time elsewhere within the City limits for specific purposes. The agenda for these meetings must be publically noticed on the City website and at City hall no less than 72 hours prior to the meeting. B. ADJOURNED MEETINGS If the business to be considered at a regular meeting cannot be completed, the advisory body then may designate a time and date for an adjourned meeting. This must be announced to the members of the public who are present at the time of adjournment, and so recorded in the minutes. A Notice of Adjournment must be posted within 24 hours of the adjournment. C. SPECIAL MEETINGS A special meeting may be called by the chairperson or a majority of the members. A Special Meeting Notice must be delivered to all advisory body members, the City Clerk, and any interested parties, including news media, which have made a request for such notification. The notice must contain the time and place for such a meeting and the subject matter to be considered, and be delivered at least 24 hours prior to the meeting. D. SUBCOMMITTEES The advisory body may request to appoint special subcommittees of less than a majority of the advisory body to address issues within their scope who then may meet to carry out the purpose of the subcommittee. Your staff liaison can assist the body in determining the scope of proposed subcommittees. If the subcommittee has a continuing subject matter or a regularly scheduled meeting time, it may qualify as a Brown Act committee and public notice provisions will apply. E. QUORUM A quorum consists of a majority of the total number of members of the advisory body. A quorum is required to conduct business at any meeting whether it is a regular, adjourned, or special meeting. Certain approvals require a majority of the entire authorized membership. While it is expected that members be present at all meetings, the staff liaison should be notified 72 hours in advance if a member knows that he/she will be absent. 7.B.b Packet Pg. 104 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) F. AGENDAS Each advisory body has a staff liaison responsible for preparing an agenda in consultation with the Chair, and distributing the agenda and supporting documents in the agenda packet prior to each meeting. Future items to be heard before an advisory body should be identified by the policy body at an agendized meeting to assure placement on the desired agenda. Each policy body may have its own agenda format, but each agenda must adhere to the Brown Act and Gilroy Open Government Ordinance. The Title and possible action of each item on the agenda shall be descriptive and understandable to the public. The posted agenda also shall indicate when opportunity is provided for members of the public to address the advisory body. If an advisory body member or staff intends to bring up an item for discussion or action, the item must be included on the agenda. Members of advisory bodies may request that an item within the purview of the advisory body be placed on a future agenda by making such a request at a meeting of the body. Information items placed on an agenda may not be acted upon at the meeting. Any member may, however, request that the informational item be placed on a future agenda for action. Regular meeting agenda shall be posted at least 72 hours prior to any meeting in the public notice case and on the city website. A notice of adjournment shall be posted at the door of the meeting, within 24 hours of the adjournment of a meeting if a quorum is not present. Staff shall maintain a record of the agenda and notice of adjournment posting. Only those items appearing on an agenda may be considered at each meeting. However, in cases of extreme emergency unanimous consent of all members present may allow other matters to be introduced and action taken, if urgency exists and delay would be harmful to the public interest. G. MINUTES Minutes are taken at each meeting to provide a record of when and where the meeting took place, who was present, the type of meeting and what was considered, decided and agreed upon. Summary minutes will reflect action taken and any input the body was given to enable it to make its decisions. Emphasis is given on the body’s thought process, not individual members’ thought processes. The minutes will summarize only the main points which arose in discussion if, and only if, they are relevant to the decision. The minutes are submitted to the body for approval and are posted on the City website for public access no less than 10 business days following the meeting. While other avenues exist for communication of interest or opinion, the minutes of the advisory body remain the official document of record. 7.B.b Packet Pg. 105 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) H. PROCEDURE Each advisory body may adopt such rules and procedures as it feels necessary to accomplish its duties. Such rules are subject to Council approval before becoming effective. In the absence of such rules, the guidelines on parliamentary procedure contained in Roberts’ Rules of Order may be followed. I. WORK PLAN A work plan is the advisory body’s plan and statement of goals within the purview of the advisory body for the year, prepared in coordination with staff. It should reflect the goals, priorities and policies of the City Council. It identifies important problems, challenges, and opportunities, offers a jointly developed plan to address these over the course of the year, and furthers a sense of shared purpose and responsibility among advisory body members. An adopted and published work plan will: • Establish viable short-range objectives that further the long-range goals of the advisory body • Provide group direction, and keep the advisory body on course • Provide a basis for measuring accomplishment • Assist in the allocation of time, energy, and resources • Promote continuity of action, and help keep the big picture focused For example, a work program may include community outreach activity, a plan for addressing critical community issues, an education component, or any other tasks the advisory body identifies as key work challenges for the upcoming year. 7.B.b Packet Pg. 106 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) MEETING MANAGEMENT 7.B.b Packet Pg. 107 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) MEETING MANAGEMENT The City of Gilroy is committed to conducting efficient, effective and accessible government operations. The following material outlines techniques you can use to ensure that your advisory body meetings are efficiently run and give all residents an equal opportunity to address the issues. A. PROCEEDINGS 1. Let the Chair run the meeting. 2. Start meetings on time. Keep the agenda in mind in order to give each item the appropriate time. 3. Announce at the start of a meeting if the order of agenda items is to be rearranged for convenience for those attending for certain items, or for better pacing of the agenda. 4. Be fair, impartial, and respectful of the public, staff, and each other. Give your full attention when others speak. 5. Remember that people may be attending a meeting for the first time, and may be unfamiliar with your procedures. In your discussion, either avoid or explain technical terms or verbal shorthand. 6. Listen to audience concerns. Don’t engage in side conversations or otherwise be distracted during public testimony. The opportunity for public testimony is central to the strength of democracy, and is therefore encouraged. Active listening, however, does not mean engaging the public in debate. Your response is appropriately saved for after the public testimony is closed. Recognize differences of opinion and remain neutral when listening to concerns. 7. Close the public testimony before you begin deliberations on an issue. 8. Sometimes questions can most effectively focus discussion and direct decision-making. For example, For staff:  What is the history behind this item?  What are the benefits and drawbacks?  What other alternatives did you consider? 7.B.b Packet Pg. 108 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) For other advisory body members:  What do you think about this item?  What have you heard from the residents? For the public (at a hearing):  What are your concerns?  How will this proposal affect you?  What specific, constructive, alternatives can you recommend? For yourself:  What are we trying to accomplish?  What are the long-range interests of the community?  What guidance can be found in our foundational documents? • Gilroy City Code • Budget • Capital Improvement Program • General Plan • Specific Plans • Park Master Plans • Council Goals • Brown Act 9. Often you must balance multiple views, neither favoring nor ignoring one individual or group over another. Your obligation is to represent a broad-based view of the community’s long-range interests. 10. Remember that most of the actions of your advisory body will be to make recommendations. It is not simply a discussion group or debating society. 11. Endeavor to end meetings by 9:00 p.m. Short breaks may be helpful during long meetings. Late meetings can reduce the quality of the advisory body’s work. 12. Meeting Types Advisory bodies may meet in different types of meeting formats including the conventional public meeting, and study sessions. Please contact your staff liaison for a detailed explanation of these formats and when they are appropriate. 7.B.b Packet Pg. 109 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) B. DECORUM AT MEETINGS 1. Limit Speakers to your established speaking time. A suggested ten minutes is recommended for a group or an applicant, and three minutes for other members of the public. 2. Discourage outward signs of agreement or disagreement from the audience such as applause or statements from the floor. Such demonstrations can intimidate those with an opposing view and unintentionally discourage open public discussion of all the issues and points of view. 3. Limit your own comments to the issues before the advisory body. Avoid the appearance of straying from the subject or "grandstanding". Do not interrupt speakers during their comments and save your qualifying questions for them until after they’ve finished speaking. C. EFFECTIVE CONFLICT MANAGEMENT Public Hearings or citizen input can sometimes be difficult to manage. Participants are sometimes highly motivated and often nervous. When there is a group of potential adversaries in one room, the possibility of conflict is high. As an advisory body member, your role is to guide opposing views to positive results, not to eliminate them. The following suggestions may help you manage conflict and confrontation effectively:  Anticipate differences by learning about the topic beforehand so you can concentrate on the meeting’s purposes  Set meeting rules early and make sure everyone abides by them without exception.  Explain carefully the purpose of the Public Hearing and what action is expected at the conclusion of the hearing. Insistence on playing by the rules is your best tool for conflict management in Public Hearings.  All persons speaking should be encouraged to clearly identify themselves, not only for the record, but also so that you may address them by name.  Set an acceptable time limit for testimony (generally three minutes) and stick to it.  Make decisions as promptly as possible. Many bodies get so bogged down in procedural distractions, petty details and endless searches for more information that the issue never seems to get resolved. 7.B.b Packet Pg. 110 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training)  Don’t overreact to inflammatory comments. Most are expressions of frustration and do not require answers. Turn frustration to constructive avenues. Ask questions. Be as specific as you can. Refer to the speaker by name. Reinforce areas where you agree. Do not return insult for insult. Very often, the primary audience for your response is not the person who raised the issue.  Avoid speaker-to-audience conversation. The purpose of a hearing is to help your advisory body arrive at a decision, not to engage in audience debate.  If members have questions of the speaker, permit these questions following the speaker’s time at the podium.  Be careful not to prejudge the action of the advisory body. Use the hearing to gather necessary information about the proposal and individual desires concerning the proposal. Members should not express their views on the proposal until after testimony has ended.  Once testimony has ended, each member should be invited to discuss individual views on it.  View the Public Hearing as an example of participatory government in action at the local level. Make it your personal goal to make the Public Hearing work and ensure that everyone is fairly heard. D. BASIS FOR YOUR DECISION 1. Advisory body decisions should be based principally on the factual information presented to you in the open public meeting process. If you collect pertinent information outside of the public process through a meeting with stake holders or site visits, you are required to share that information with your fellow advisory body members in the public meeting. This sharing of information will ensure that other advisory body members and members of the public have a better understanding of the rationale for your decision. 2. Advisory body members are free to meet or refuse to meet with residents, resident groups, developers or prospective contractors or any persons outside of the public meeting process concerning issues before the advisory body. If you meet with any individuals outside of the public meeting you are required to disclose the content of that meeting in the public meeting to again ensure that everybody is aware of the facts and have similar information up on which to base their decision. E. MOTIONS When a member wishes to propose an idea for the body to consider, the member must make a motion. This is the only way an idea or proposal from a 7.B.b Packet Pg. 111 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) member may be presented to the body for discussion and possible action. A motion goes through the following steps: 1. The member asks to be recognized by the chair. 2. After being recognized, the member makes the motion (I move…). 3. Another member seconds the motion. No discussion should occur until the chair determines whether there is a second to the motion on the floor. 4. The chair states the motion and asks for discussion. 5. When the chair feels there has been sufficient discussion, the debate is closed (i.e., “Are you ready for the question? or “Is there any further discussion?”). 6. If no one asks for permission to speak, the chair puts the question to vote through consensus or roll call vote. 7. After the vote, the chair announces the decision (“The motion is carried” or “The motion fails”, as the case may be). Phrasing a motion is often difficult and corrections may be necessary before it is acted upon. Until the Chair states the motion (step 4), the member making the motion may rephrase or withdraw it. After an amendment, the motion as amended still must be seconded and then voted upon. It is particularly important when a motion is amended that the Chair restate the motion in order that members are clear as to what they are voting on. In making a motion, members should try to avoid including more than one proposal in the same motion. This is especially important when members are likely to disagree. If a member would prefer to see proposals divided and voted upon separately, the member should ask the chair to divide the motion. If other members do not object, the chair may proceed to treat each proposal as a distinct motion to be acted upon separately. The request to divide may also be made by motion. F. ROLE OF CHAIR The Chair shall preserve order and decorum at all meetings of the advisory body, announce the advisory body decisions, and decide questions of order. The Chair is responsible for ensuring the effectiveness of the group process. A good Chair balances moving the discussion forward with involving all advisory body members and allowing for adequate public participation. In the absence of the Chair the Vice chair shall act as presiding officer. G. RESPONSIBILITIES OF CHAIR  Ensure that the public understands the nature of the issue being discussed (for example, reason for discussion, process to be followed, opportunities for public input, timeline for decision). 7.B.b Packet Pg. 112 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training)  Keep discussion focused on the issue at hand.  Solicit opinions from advisory body members. Encourage evaluation of new, tentative, or incomplete ideas. Discourage overly dominant advisory body members from having disproportionate control over the discussion.  Protect advisory body members, staff, and the public from personal attacks.  Provide structure for addressing complicated issues.  For major items, delay analysis and action until the full range of alternatives is on the table.  Attempt to reach decisions expeditiously on action items. At those times when action would be premature, guide discussion toward a timeline or framework for responsible action.  Maintain order and ensure respect for all opinions. 7.B.b Packet Pg. 113 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) ROLES, RESPONSIBILITIES AND RELATIONSHIPS 7.B.b Packet Pg. 114 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) ADVISORY BODY ROLES, RESPONSIBILITIES AND RELATIONSHIPS A. COUNCIL-ADVISORY BODY RELATIONSHIP The primary purpose of all advisory bodies is to provide thoughtful advice to the City Council, the elected policy-making body of the City. The advisory body’s role can include hearing public testimony on the Council’s behalf, building community consensus for proposals or projects, reviewing written material, facilitating study of critical issues, guiding the implementation of new or regulating established programs, assessing the alternatives regarding issues of community concern, and ultimately forwarding recommendations to the Council for consideration. There are times when the advisory body’s recommendation will not be sustained or will be modified by the City Council. It is important to recognize this not as a rejection of the integrity of the recommendation, but as an inevitable part of the process of community decision-making. Throughout this process, the form and formality of the relationship between advisory body members and Council Members will vary. Some advisory body members will have regular contact with individual Council Members, while others may serve solely in the group context. This relationship will depend on your advisory body as much as on you and the Council. For example, there are times when the Chair may address the Council formally on behalf of the advisory body, and other times when an advisory body member may meet with a Council Member individually. At all times it is important to aim for clarity and mutual respect for the different responsibilities and roles. Members should avoid discussing the recommendations of the advisory body with individual Council Members once a vote is taken, if it is for the purpose of exerting influence. Written communications from the advisory body to the City Council in sufficient time to be placed on the agenda is the acceptable method of making recommendations to the Council. It is sometimes appropriate for the chair or duly assigned member to be prepared to address the Council, to answer questions from Council pertaining to the recommendations, and to clarify ambiguities. It must be remembered that final authority and responsibility for public policy decision rests with the City Council. The Council has appointed advisory body members as advisors to them. This underlying philosophy makes it improper for an individual advisory body member to try to persuade the Council into the acceptance of a recommendation other than that voted by the majority of the body. The role of an advisory body is to assist the Council in the formation of policy, having been created for the purpose of advising, being a guide to public opinion, and promoting specific projects in the community at large. B. CODE OF ETHICS AND VALUES The City Code of Ethics and Values shall be followed by appointed policy body members inside, and outside of meetings, as representatives of the City. 7.B.b Packet Pg. 115 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) C. STAFF-ADVISORY BODY RELATIONSHIP Staff is assigned by the City Administrator to assist and act in a technical advisory capacity to the advisory body. It is not expected that every staff recommendation will be followed; however, because of the staff’s technical knowledge, full consideration should be given to their recommendation. Just as the advisory body is held accountable to the City Council, so is the staff to the City Administrator. After the staff makes a report or recommendation to an advisory body (which recommendation may or may not be followed), they are at liberty to make the same recommendation to the City Council through the City Administrator, even though the advisory body may have taken a different position. The staff has been employed by the manager to provide technical guidance. Staff members make objective recommendations without consideration of personal or political consequences. Failure of a staff member to provide service to the advisory body as directed by the City Administrator is basis for complaint to be brought to the attention of the City Administrator. Since staff personnel are directly responsible to the City Administrator, it is his/her responsibility alone to allocate their time and resources in the interest of the total city government. The relationship of the advisory body and staff is an active and continuous one. Both advisory body members and staff are motivated by the shared goal of furthering the City’s best interests. Yet, while the goal is shared, there are times when the approach and responsibility toward implementing the goal can be different. Because the distinctions in responsibility are not always explicit, cultivating a balanced understanding of your role is essential. The interaction need never be adversarial, but rather can promote respect for different perspectives, and appreciation for each other’s strengths. Since the city staff works for and is accountable to the City Administrator, advisory body members should not attempt to direct or decide the priority of work for departments or individual staff persons. Advisory bodies should, however, set priorities for their own agendas in order that staff may best use the time available for the advisory body. An Advisory body’s goals and work programs must be consistent with Council goals. If an advisory body wants to work on items other than Council goals, the advisory body should seek Council concurrence first. In contacting staff on official business, the proper channel is through the advisory body Chair to the staff member assigned to the advisory body. C. STAFF RESPONSIBILITIES Important staff responsibilities include: • Being informed about the latest developments in their field. • Providing background and expressing views to the advisory body on important issues. 7.B.b Packet Pg. 116 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) • Providing administrative support, including agenda preparation and taking of minutes at meetings. • Maintaining a professional position on all topics. • Helping the advisory body to stay on track and focused. • Interpreting City Council, City department, and relevant state, federal, and international actions and policies. • Alerting advisory body members of possible detrimental actions. • Presenting advisory body recommendations to the City Council. • Describing precedents or operating procedures which affect the decision. D. RELATIONS WITH OTHER BOARDS, COMMISSIONS AND COMMITTEES In areas where there is overlap of jurisdiction between various advisory bodies, it is important that the liaison be aware of the overlap to insure proper consideration of the different viewpoints that may occur, and to minimize duplications or conflicts. Further, joint meetings with the City Council and other advisory bodies and committees may be mutually beneficial whenever two bodies are simultaneously addressing the same topic. If a joint meeting is being considered between advisory bodies, the staff liaisons will assist in logistical considerations to coordinate such a joint meeting. E. CITY CLERK The City Clerk plays an important role for advisory bodies. The City Clerk accepts and maintains applications, processes advisory body appointments, updates membership rosters and bylaws, informational booklets, and yearly attendance records. The City Clerk is also a resource with respect to the Brown Act, Public Records Act, the City Charter, Gilroy Open Government Ordinance, agenda and minutes processes, and meeting procedural questions. The City Clerk is the filing officer for Statements of Economic Interests, and any other required filing as identified by the City Council and the State. F. CITY ATTORNEY The City Attorney is a resource for understanding compliance with the Brown Act, Public Records Act, the City Charter, the Gilroy Open Government Ordinance, and agenda legality issues, meeting process questions, and conflict of interest determinations. Staff liaisons will coordinate an assistance requested of the City Attorney. 7.B.b Packet Pg. 117 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) IMPOSED RESTRAINTS 7.B.b Packet Pg. 118 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) IMPOSED RESTRAINTS Certain limitations have been placed upon the powers of both the City Council and its appointed advisory bodies by both statutory and case law. In certain instances, application of these restraints may be crucial in the governmental process. In instances of doubt, the City Attorney’s opinion should be sought. Staff liaisons will coordinate an assistance requested of the City Attorney. A. CONFLICT OF INTEREST As specified in state law, it is illegal for an advisory body member to have an interest in any contract, sale, purchase, finding or transaction in which the member is involved in an official capacity. Conflict of interest may disqualify the advisory body member and invalidate any advisory body action where such conflict exists. Any interest, whether personal, private or general that would tempt an advisory body member to act in any manner other than the best public interest should be examined and official action accordingly restricted. An interest that is common to all similarly situated persons is not disqualifying to an action. B. PUBLIC RECORDS LAWS The Public Records Act found in the Government Code of the State of California and the Gilroy Open Government Ordinance provides that categories of official records of the city are open to inspection to any interested party at reasonable times. Exceptions to this law are only those records specified in the Act and Gilroy Open Government ordinance, such as records relative to legal action in which the City is a party. All advisory body minutes, agenda, open session audio records and supporting meeting documents, are public records that must be disclosed. C. THE BROWN ACT & GILROY OPEN GOVERNMENT ORDINANCE The Ralph M. Brown Act is law which provides that no city advisory body shall hold any meeting at which action is taken other than at a duly called and regularly held meeting, notice of which is provided by agenda or by adjournment of a prior meeting. A “Meeting” takes place whenever a quorum is present and official business is considered. An agenda for each meeting must be posted at least 72 hours in advance for regular advisory body meetings, and 24 hours for special meetings. Advisory body members are permitted to socialize in a non- meeting setting but must refrain from discussing any advisory body business. Care should be taken to make sure that if a quorum of an advisory body is gathered at a public or private place, no public business is discussed and that the gathering will not be interpreted as a meeting. If a member discusses a 7.B.b Packet Pg. 119 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) matter with a majority of other members, one at a time or in small groups, outside of the public meeting, it will constitute a “Serial Meeting” and will violate the Act. Care should also be taken with regard to emails. Never select “Reply All” to an email to all advisory body members, or forward an email sent to you by one advisory body member to another advisory body member as that could constitute a quorum, and would violate the Act. D. DISCRIMINATION AND EQUAL PROTECTION All rules, regulations, laws, services and facilities must apply equally to all persons, and not give favor to any segment of the community. Similarly, all laws and ordinances of the city must afford equal protection to all facets of the community, unless the purpose of a city action requires special classification of the community. E. DUE PROCESS All governmental procedures and process must allow an affected party a right to be heard, and to present controverting fact or testimony on the question of right in the matter involved. Unfair determinations, such as bias, predetermination, refusal to hear, etc., may invalidate actions. F. REASONABLENESS Every action of municipal government must be reasonable, or otherwise stated, not arbitrary or capricious, or lacking in substantial evidence. G. USE OF PUBLIC PROPERTY Public property, equipment and facilities may not be used for private or personal purposes. Facilities, equipment and supplies are provided by the city but are limited to use in official functions only. H. CONFLICT OF INTEREST CODE: DISCLOSURE REQUIREMENTS Individuals serving on the Planning Commission, Building Board of Appeals, Parks and Recreation Commission, Historic Heritage Committee and the Physically Challenged Board of Appeals must file a Statement of Economic Interest with the City Clerk to disclose personal interests in investments, real property and income. This is done within 30 days of appointment date and annually thereafter. The Conflict of Interest Code has been established and adopted by the City Council pursuant to the California Fair Political Practices Act (Government Code Section 87300 et seq.). Copies of the code are available from the City Clerk. I. USE OF CITY EMAIL 7.B.b Packet Pg. 120 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) All appointed City advisory body members will be assigned a City email account to conduct all city related email communication. These communications are public records, and as such must be maintained on the city servers. All City emails are subject to the Public Records Act and you may only use your City email to conduct City business as an advisory body member. Please do not forward or reply to a City email from your personal email address. Once your term on the advisory body is over, your City email will be terminated. As noted under the Brown Act section of this handbook, care should be taken with regard to emails. Never select “Reply All” to an email to all advisory body members or forward an email sent to you by one advisory body member to another advisory body member since that could constitute a quorum. All questions and concerns should be directed to the Chair and staff liaison. 7.B.b Packet Pg. 121 Attachment: 2019 Gilroy BCC Handbook (3247 : Commission Training) Planning Current Project Log 1 DATE FILED PROJECT ID APPLICANT LOCATION PROJECT DESCRIPTION PROJECT STATUS PLANNER PARCEL NUMBER(S) Residential Units? City of Gilroy Planning Division Dated:3/9/2021 Legends: App Type:Staff Directory Link Planning Staff: AS Architectural and Site Review M Miscellaneous Cindy McCormick CM CUP Conditional Use Permit MD Minor Deviation Kraig Tambornini KT DUP Downtown Use Permit MM Minor Modification Melissa Durkin MAD GPA General Plan Amendment TM Tentative Map Julie Wyrick JW HP Habitat Permit V Variance Miguel Contrera MC Z Zoning Amendment Unassigned DATE FILED PROJECT ID APPLICANT LOCATION PROJECT DESCRIPTION PROJECT STATUS PLANNER PARCEL NUMBER(S) Residential Units? New 3/8/2021 TUP 21-03 KB KB Home TUP for Malvasia Model Home Complex A. Proposed MAD 808-18-003 3/8/2021 TUP 21-04 KB KB Home TUP for Nebbiolo Model Home Complex A. Proposed MAD 808-18-003 3/8/2021 TUP 21-05 KB KB Home TUP for Town Center Model Home Complex A. Proposed MAD 808-18-003 2/12/2021 M 21-05 John Halbom, jhalbonm@leabraz e.com, 4083187863 Bluebell and Country Drive Pre-application (DRG) for Hillside Subdivision of 89.5 acres A. Proposed KT 783 47 003 2/2/2021 AS 21-01 (#21020005)Lon Davis 8805 Forest New 11,868 sf Industrial Shell Building in the industrial M1-MA Overlay A. Proposed MC 835-31-031 1/28/2021 M 21-04 Terry Secore Royal Way Pre-application (DRG) for Development of townhomes and Duplex units on vacant property A. Proposed MC 1/7/2021 M 21-01 (21010002 3050 Hecker Pass Gilroy Garlic Festival Special Event for 2021 MAD 1/6/2021 Z 21-02 (21010003)Susan Berry Citywide Electrified security fencing/alarm systems code amendment request A. Proposed CM City wide 11/16/2020 M 20-12 (20070016), AS20-23 Bernie Woytek 8000 Camino Arroyo Data Center A. Proposed CM 841-069-028, 841-069-039, 841-080-005 11/5/2020 A/S 20-24 (20110003) Wren Investors, Developer; 408- 847-3908 GLR Specific Plan; Northeast of Santa Teresa & West of Miller Architectural and Site Review for 171 lots in the Glen Loma Ranch Malvasia, Nebbiolo an The Glen neighborhodds A. Proposed MAD 808-18-003, 808-18-024, 808-18-025, 808-18-026 171 SFR lots 10/29/2020 HP 20-05 5747 Obata New Industrial building habitat permit.A. Proposed KT 10/23/2020 AS 20-21 (20100021), CUP 20-02 Camino Arroyo Split parcel into three lots, develop two with A. Proposed KT 841-18-082 10/23/2020 HP 20-02 8885 Forest New Industrial - Nitrogen Only A. Proposed KT 10/2/2020 AS 20-20 (20090052) / TM 20-06 (20090050) / Z 20-06(20090049) Chris Zaballos, 925-225-7474 9130 & 9160 Kern Avenue The Cottages at Kern. Inlcudes Tentative Map, Planned Unit Development, and Architectural & Site review for a 29-lot subdivision along Kern Avenue, near St. Clar Avenue. Reference DRG M 20-14.A. Proposed MC 790-17-002, 790-17-003 29 lots 9/29/2020 AS 20-18 (20100002) Wren Investors, Developer; 408- 847-3909 GLR Specific Plan; Northeast of Santa Teresa & West of Miller Architectural & Site review for the 40-unit multi-family Malvasia neighborhood A. Proposed MAD 808-18-003, 808-18-024, 808-18-025, 808-18-026 40 MF units 9/29/2020 AS 20-19 (20100003) Wren Investors, Developer; 408- 847-3910 GLR Specific Plan; Northeast of Santa Teresa & West of Miller Architectural & Site review for the 34-unit multi-family Rocky Knoll neighborhood.A. Proposed MAD 808-18-003, 808-18-024, 808-18-025, 808-18-026 34 MF units Description: This log contains all major planning projects currently under consideration. Contact the planning division at PlanningDivision@CityofGilroy.org or call (408) 846-0440 if you have any questions regarding this information. G:\COMDEV\PLANNING\Applications\_APPLICATION LOGS\PLANNING CURRENT PROJECT LOG_02102021PLANNING CURRENT PROJECT LOG_02102021 7.C Packet Pg. 122 Communication: March 9, 2021 Planning Division Current Project Log (INFORMATIONAL ITEMS) Planning Current Project Log 2 9/29/2020 TM 20-05 (20090053) / AS 20-18 (20100002) / AS 20-19 (20100003) Wren Investors, Developer; 408- 847-3911 GLR Specific Plan; Northeast of Santa Teresa & West of Miller Tentative Map for GLR specific plan Canyon Creek, Rocky Knoll, and Malvasia neighorhoods. Totals 40 single-family units and 74 townhouse units. Includes Architectural & Site review for the 40-unit multi-family Malvasia neighborhood and and 34- unit multi-family Rocky Knoll neighborhood.A. Proposed MAD 808-18-003, 808-18-024, 808-18-025, 808-18-026 74, 40, 34 MF units 9/28/2020 AS 20-15 (20090030)John Shattenburg 5935 & 5975 Rossi New Industrial building to expand existing Silva Sausage operation.A. Proposed CM 841-76-026, 841-76-025 9/23/2020 AS 20-17 (20090039) Michael Davis; 408-778-7005 305 Gurries 2x new Duets, with 2x ADU's A. Proposed KT 799-35-053 4 units - 2 ADUs 7/20/2020 AS 20-14 (20070017), TM 20-03 (20070020), Z 20-04 (20070021) Wren Investors, Developer; 408- 847-3906 450 9th Street; Tenth and Chestnut Ohlone Garlic Center A. Proposed KT 841-66-010, - 011, -014, and - 015. 6/26/2020 AS 20-10 (20060031) / Z 20-03 (20060030) Jonathan Emami; 408-728-3636 1520 Hecker Pass Highway 100 affordable units SW corner Hecker Pass @ S. Teresa A. Proposed KT 810-66-012 30 VLI, 69 LI 2/8/2020 CUP 21-01 (also TUP 21-01)Salvador Ascencio 681 Leavesly Outlets Farmers Market @ Outlets parking lot A. Proposed CM 835-30-012 01/21/20 AS 20-02 (20010012) TM 20-01 (20010014) Qui T Son 395 Lewis Street 4-lot subdivision (TM) with 4 new homes (AS)A. Proposed CM 841-03-062 4 SF lots 12/4/2019 M 20-17 City Citywide Create uniform Conditions of Approval for all departments A. Proposed MC 09/24/19 M 19-10 Glen Loma Group Glen Loma Ranch Specific Plan Traffic study - Tenth Street Bridge Construction/Modification to consider elimination of bridge requirement A. Proposed MAD 08/02/18 M 18-18 (#18080001)City Citywide Special Events Permit/Temporary Use Permit A. Proposed MAD 06/27/18 M 21-10 City Citywide Historical Resource Inventory (additions, removals)A. Proposed CM City wide 05/04/18 AS 18-09 (18050017) Z 18-04 (18050018)Arrow Sign Co.Automall Pkwy. Zoning Amendment - Sign Ordinance - 80' Freeway electronic message pylon sign Gilroy Auto Mall A. Proposed CM City wide 09/04/16 Z 17-02 (#17030053) Wren Investors, Developer; 408- 847-3912 North of Santa Teresa Blvd Glen Loma Ranch Specific Plan update A. Proposed MAD 09/02/16 M 16-10 (#16090007)City Tenth Street Glen Loma CEQA analysis of 10th Street bridge project - construction project A. Proposed MAD 08/25/16 AS 16-33 (#16080044)City of Gilroy W. Luchessa and Miller Ave.New Glen Loma Ranch Fire Station A. Proposed MAD 12/02/15 GPA 15-02 (#15120002), Z 15-12 (#15120004)City Downtown High Speed Rail Station Area Plan - Reactivation of project Contract w HSRA expirs 12/21 A. Proposed KT/CM 11/26/12 A 12-01 (#12110049) Z 12-09 (#12110052) Mark Hewell, Developer Phone: 408-483- 2400 Vickery & Kern Avenues Annexation of 5.46 acres and prezone to Neighborhood District A. Proposed CM/MD 7/17/12 USA 14-02 (#14070058), USA 12-01 (#12070023) Wren Investors, Developer; 408- 847-3900 Vickery & Kern Avenues Urban Service Area amendment to incorporate of 55.66+/- acres into Gilroy’s Urban Service Area (USA)A. Proposed CM/MD M 21-06 City Citywide Parklet policy A. Proposed CM City wide Z 21-01 City Citywide Objective Design Standards (SB2 Grant M 21-06)A. Proposed CM City wide M 21-02 City Citywide REAP / PDA Grants A. Applied CM City wide M 21-03 City Citywide Annual General Plan and Housing Progress Report 2020-2021 (Due to HCD April 1 Each year)A. Proposed CM City wide GP 22-01 City Citywide Housing Element 2023-2031 A. Proposed CM City-Wide M 20-05 City Citywide SB 330 Compliance Checklist A. Proposed CM City wide M 20-19 City Citywide Outdoor Dining Registrations (ongoing)A. Proposed CM City wide M 19-23 City Citywide Mills Act Program - Ordinance, site visits, annual reports A. Proposed CM City wide M 20-16 Citywide VMT Policy A. Proposed KT Z 15-03 Citywide Comprehensive Zoning Ordinance Update & Admin Draft Zoning Map (Concurrent w GP 2040 GPA 13-02 Project)A. Proposed KT City-Wide Z 15-16 (#15120033)City Citywide Administrative Hearing (incorporated with Z15-03 update)A. Proposed KT 841-69-017 Z 20-02 (20060030)Citywide Zoning ordinance text amendment for bicycle parking- combinded with Z15-03 A. Proposed KT City-Wide Z 20-05 (20090043)City Rescind RDO Zoning Ordinance Text Amendment to Rescind RDO A. Proposed MAD City-Wide TM 20-08 RJA 6605 Chestnut Subdviding one 9-acre lot into three 3-acre commercial lots A. Proposed MC 20120015 G:\COMDEV\PLANNING\Applications\_APPLICATION LOGS\PLANNING CURRENT PROJECT LOG_02102021PLANNING CURRENT PROJECT LOG_02102021 7.C Packet Pg. 123 Communication: March 9, 2021 Planning Division Current Project Log (INFORMATIONAL ITEMS) Planning Approved Project Log 3 DATE APPROVED BUILDING PERMIT ISSUED PROJECT ID APPLICANT LOCATION PROJECT DESCRIPTION PROJECT STATUS PLANNER PARCEL NUMBER(S) If New Residential Units - Additional Info City of Gilroy Planning Division Dated:3/9/2021 DATE APPROVED PROJECT ID APPLICANT LOCATION PROJECT DESCRIPTION PROJECT STATUS PLANNER PARCEL NUMBER(S) If New Residential Units - Additional Info 09/15/14 AS 14-38 N Tuyen Eagle Ridge NSFR Hillside (Bldg Permit 17050137)C. Plan Check MC 1 sfr 10/12/15 AS 15-34 (#15100018) C. Salinas, Hanna Brunetti, Lon Davis, 408-842-2173 360-380 Obata Way Two industrial lots -- construction storage yards. Bgrade 18030094 issued 10/17/19 D. Under Construction KT 10/26/15 AS 15-37 (#15100042) George Ramstad, Architect 408-842-9942 7320, 7330, 7340 Monterey Renovation of a downtown URM building. Approved 5/26/17 D. Under Construction KT 01/01/16 AS 16-49 R Sharma 8981 Tea Tree Way NSFR Hillside D. Under Construction na 1 sfr 1/12/2016 AS 14-39 (#14100010)1645 Anson 6 single-family homes and an 8,600 SF common open space area - 2 homes remain active applied status C. Plan Check MAD 6 sfr 03/24/16 MM 19-26, AS 16-08 Eden Housing 450 E 8th Street Repairs and accessibility upgrades D. Under Construction KT 03/24/16 MM 19-27, AS 16-09 Maple Gardens Stoney Court Repairs and accessibility upgrades. B Permit 19100015,16,17,18,19 C. Plan Check MC 05/18/16 TM 16-02 (#16050031) RJ Dyer Real Property Inv Inc, 408- 847-1553 for New Hope Community Church Thomas Lane TM for subdividing 14 single-family residential lots. B. Approved KT 14 lots 06/28/16 AS 16-25 (#16060050) Vince Rivero, Architect; 408-813- 2010 Silacci Way 91,045 SF for contractor truck parking and equipment yard. Build Permit 19020025 applied 2/5/19 C. Plan Check KT 07/01/16 AS 16-26 Truong 2261 Mantelli Drive SFR, Hillside w ADU D. Under Construction na 1 sfr + ADU 08/09/16 AS 16-29 D&Z Designs Wild Iris Drive NSFR Hillside C. Plan Check KT 1 sfr 08/12/16 AS 16-30 G Moore 7430 Sunnydale Way NSFR Hillside D. Under Construction na 1 sfr 09/02/16 AS 16-39 G Moore 1980 Lavender Way NSFR Hillside D. Under Construction na 1 sfr 09/04/16 AS 17-12 (#17030051) TM 17-01 (#17030052) Wren Investors, Developer; 408-847- 3913 North of Santa Teresa Blvd Tentative Maps for GLR Town Center Multi-Family Area 125-unit townhomes at GLR Town Center Multi-Family Area D. Under Construction MAD 125 units Description: This log contains major planning projects approved but not completed (e.g., pending building permits, construction or other implemention). This information may be used for CEQA and traffic modeling purposes. Most planning approvals initially are valid for 1 year, and shall expire if not implemented or granted an extension. NOTE: The City Council granted projects set to expire during the COVID SIP an automatic extension to May 31, 2021. The state granted an additional automatic 18-month extension that further extended covered projects to November 30, 2022. Contact the planning division at PlanningDivision@CityofGilroy.org or call (408) 8 46-0440 if you have any questions regarding this information. 7.C Packet Pg. 124 Communication: March 9, 2021 Planning Division Current Project Log (INFORMATIONAL ITEMS) Planning Approved Project Log 4 09/11/16 AS 17-25 (#17070046) Z18-05 (18080018) Chris Vanni, Applicant 408-847-9190 1405 1st Street and Kelton Avenue 12KSF commercial PUD. P18120128,29,30 etc D. Under Construction KT 10/25/16 AS 16-47 (#16100026) Walid Nazzal, Architect Phone: 408-772- 6096 Wild Iris Drive Single Family Hillside Home. P18030127 C. Plan Check KT 1 sfr 12/21/16 TM 16-01 Glen Loma Group Glen Loma Ranch 59 SFR Lots (McCutchin and Palomino)B. Approved MAD 59 sfr 01/26/17 AS 17-02 (#17010029) Wren Investors, Developer; 408-847- 3904 2475 Hecker Pass Commercial and residential mixed use in HPSD B. Approved MAD MU 02/06/17 AS 17-04 205 Mayock Road 10,000 sf addition to industrial building. B17080178 D. Under Construction KT 02/07/17 AS 17-05 2242 Columbine 5,027sf New Hillside Residence D. Under Construction na 1 sfr 03/07/17 AS 17-09 9010 Tea Tree Way 4ksf Hillside SFR D. Under Construction MC 1 sfr 03/09/17 AS 17-11 D & Z 2185 Hollyhock 4878 sf SFR Hillside D. Under Construction MC 1 sfr 03/21/17 AS 17-13 (#17030062) James Baldwin, Architect 408-448-2012 1820 Carob Court Single-Family Hillside Home. P18040085 & 19030092 for ADU D. Under Construction KT 1 sfr + 1 ADU 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 D. Under Construction JW 16 sfr lots 04/03/17 AS 17-16 (#17040001) D & Z Design, Architect Phone: 408-778- 7005 Hollyhock Lane Single-Family Hillside Home. Building Permit 18040102 D. Under Construction KT 1 sfr 10/25/17 DUP 17-03 (#17100049) Greg Jaso, Developer 7373 Monterey Lonely Oak Brewery. P18040068 D. Under Construction KT 10/25/17 AS 17-34 D&Z Designs 2282 Gunnera Single-Family Hillside Home - Expires 9/3/20 B. Approved MC 1 sfr 12/15/17 AS 17-37 (#17120021) Wren Investors, Developer; 408-847- 3920 Santa Teresa Blvd 158-unit apartment project at Glen Loma Ranch D. Under Construction MAD 158 apt 01/16/18 AS 18-03 (#18010024), Z 18-01, TM 18-01 Wren Investors, Developer; 408-847- 3905 Hecker Pass 73 SFR lots, 7 common spaces, and public and private streets by establishing a new PUD overlay C. Plan Check MAD 783-04-023 73 sfr 01/17/18 AS 18-04 D & Z Design, Architect 408-778-7005 8955 Mimosa Ct.4418 sf SFR Hillside. D. Under Construction na 1 sfr 01/25/18 TM 13-03 (#13040049) Wren Investors, Developer; 408-847- 3914 SW of Santa Teresa, S of Ballybunion/S.Teresa TM 13-03 Time Extension for Kroeger Subdivision: Six SFR lots, three open space parcels, and a private street B. Approved MAD 6 sfr 02/01/18 AS 18-05 (#18020002) RJA: Chris Patton 408-848-0300 E of Miller btwn Santa Teresa & Luchessa A private park: a trail, a dog park, and other amentities in GLR D. Under Construction MAD 03/07/18 AS 17-18 Gurries 2846 sf duplex on R3 lot D. Under Construction KT 2 units 03/14/18 AS 17-19 (#17040037) Alexander Angkawijaya, Architect 408-431-2952 8735 Wild Iris Drive Single-Family Hillside Home. P18030015 Issued 10/11/18 D. Under Construction KT 1 sfr 05/04/18 AS 18-10 (#18050024) Tony Rivellini, Owner Phone: 408-607- 3248 1981 Lavender Way 3,715 SF Single-Family Hillside Home D. Under Construction MC 1 sfr 7.C Packet Pg. 125 Communication: March 9, 2021 Planning Division Current Project Log (INFORMATIONAL ITEMS) Planning Approved Project Log 5 06/11/18 TM 18-02 (#18060015) Wren Investors, Developer; 408-847- 3915 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 C. Plan Check MAD 103, 46, 23 sfr 06/18/18 AS 13-35 & TM 13-11 Eagle Garden LLC Santa Teresa Blvd and First St 202 Unit Townhouse Development - Time Extension No 2 (CC Reso 2018-21)C. Plan Check KT 202 TH 07/16/18 M 18-17 (#18070050)City Cities Association RHNA Sub-Region B. Approved tbd City wide 08/09/18 AS 18-14 (#18080026) Sergio Perez, Project manager 925-730-1373 Merlot Drive Provence (Formerly Wild Chestnut) Neighborhood in Glen Loma Ranch: 43 single-family detached homes D. Under Construction MAD 808-18-014, 808-18-018 43 sfr 08/16/18 AS 18-17 (#18080045) Sergio Perez, Project manager 925-730-1373 S of Solorsano Middle School; E of Santa Teresa Margaux (Formerly Montonico) Neighborhood in Glen Loma Ranch: 84 single-family detached homes D. Under Construction MAD 808-18-017 84 sfr 08/16/18 AS 18-16 (#18080044) Sergio Perez, Project manager 925-730-1373 Syrah Court Burgundy (Formerly Home Ranch) Neighborhood in Glen Loma Ranch: 52 single-family detached homes D. Under Construction MAD 808-43-005 08/20/18 AS 18-18 (#18080051) Lon Davis, Architect; 408-778-2525 Mayock Road New 16,340 s.f industrial warehouse building C. Plan Check MC 841-76-031 8/26/2018 TM 18-01 and AS 18-03 Ryder Homes; 925- 768-8338 Hecker Pass/Autumn Drive Hecker Pass North Cluster - approval expires Nov 2022 per CC extensions.B. Approved MAD 08/27/18 AS 18-19 (#18080070) Jeffrey Eaton, Applicant 408-691-8998 1st Street New 4,016 s.f. commercial building with drive-through C. Plan Check KT 09/06/18 AS 18-20 (#18090005) Wren Investors, Developer; 408-847- 3901 Southeast corner of Santa Teresa Blvd and 1st St Architectural modification for 202 townhome units B. Approved KT 09/11/18 M 18-25 (#18090009)City Citywide Land Management System (LMS) Acquisition B. Approved JW 09/14/18 AS 18-21 (#18090018) Tony Rivellini, 408- 607-3248 Wild Iris Drive Single-Family Hillside Home (Building Permit #19010165). Grading only issued 19100040 C. Plan Check KT 09/20/18 AS 18-22 (#18090026) Wren Investors, Developer; 408-847- 3903 Foxglove Court Single-Family Hillside Home C. Plan Check MC 1 sfr 10/08/18 AS 18-25 (#18100020) and TM 16-03 (#16080041) TriPointe Homes, Scott Kramer, 925- 804-2278 Miller Ave. & Santa Teresa Blanc and Noir (formerly the Grove) neighborhood in Glen Loma Ranch: 113 single-famiy dwelling units D. Under Construction MAD 10/09/18 AS 18-26 (18100023) CUP 18-05 (#18100024) Brain Spector, Applicant Monterey Building and site improvements for Sumano's commercial bakery C. Plan Check MC 10/16/18 AS 18-27 (#18100043) James Vergara, Applicant 408-640-4291 Forest Street New 11,796 Sq.Ft Industrial Building (Building Permit #19100106)C. Plan Check KT 10/19/18 AS 18-29 (#18100050) D&Z Design, Architect (Debra Mercado); 408-778- 7005 Banyon Street Single Family Hillside Home. Permit 19030021 submitted.C. Plan Check JW 1 sfr 11/07/18 AS 18-32 (#18110014) Jason Guera, Symmetry Design Build, 408-813- 8760 8950 Mimosa Court Single Family Hillside Home D. Under Construction MC 1 sfr 11/21/18 AS 18-34 (#18110037) Tony Rivellini, 408- 607-3248 9025 Mimosa Court Single Family Hillside Home B. Approved MC 1 sfr 12/19/18 AS 17-35 (#17100050) Cameron Waston, Developer; 408-690- 3037 Strawberry Lane Single-Family Hillside Home (Bldg Permit #19060072)C. Plan Check KT 1 sfr 12/19/18 AS 18-35 (18120021) Richard/ Holly Hartman 408-995-0496 660 Birdsong Street Addition of 963 sq.ft to existing SFR D. Under Construction MC 7.C Packet Pg. 126 Communication: March 9, 2021 Planning Division Current Project Log (INFORMATIONAL ITEMS) Planning Approved Project Log 6 1/7/2019 AS 16-19 (#16080053) Z 17-03 (#16080006)8955 Monterey 78-unit apartment complex with new 4,600 commercial space B. Approved JW 78 Apts 03/01/19 AS 19-03 (#19030002) HP 19-01 (19030003)Terra Ventures LLC Automall Pkwy. New car dealership building. Bldg Permit 19100090 Issued for Site Work C. Plan Check KT 03/04/19 AS 19-04 (19030004)Adolfo Rodriguez Eigleberry Street New second dwelling. Bldg Permit #19040112 applied 4/19/19 C. Plan Check KT 1 ADU 03/05/19 AS 19-05 (190030013)Clayton Johnson Winter Green Court Single Family Hillside Home C. Plan Check MC 1 sfr 03/13/19 AS 19-06 (19030026) D&Z Design, Architect (Debra Mercado)Saffron Court Single Family Hillside Home C. Plan Check MC 1 sfr 03/20/19 AS 19-07 (1903038) Efrain Coria, Applicant 7888 Monterey Mixed use 3-story bld. 2 commercial "live/work" units + 10 residential units, ground level parking B. Approved MC 10 units 04/02/19 AS 19-09 (19040007)Warren Geisert 2281 Banyan Court Single Family Hillside Home B. Approved MC 1 sfr 04/05/19 AS 19-10 (#19040011)Joe Magana 6455 Automall Pkwy. New 3,250 sq. ft. freestanding metal canopy. Building Permit #19080090 D. Under Construction KT/MC 04/19/19 AS 19-11 (19040026)Loret Mussallem 8350 Winter Green Court Single Family Hillside Home D. Under Construction MC 1 sfr 05/06/19 M 18-29 city Sports Complex Phase 3 B. Approved tbd 05/15/19 AS 19-12 (19050022) HP 17-02 (#17070020)Jonathan Emami First Street and Kern Avenue 4-story, 120-unit apartment on approximately148,456 in- fill multi-family property adjacent to C-3 B. Approved KT 12 VLI 117 LI Apartment Units 06/07/19 MM 19-13 (19050039) VMD 19-02 Avery Cypress Point LC 8200 Kern New fence and gate for apartment complex security (resubmitted 10/16/19) D. Under Construction KT 06/07/19 MM 19-17 (BP#19010082)8797 Monterey Establish contractor yard on existing unoccupied site - Alpine Landscapes permanent site relocation from MA overlay area. D. Under Construction KT 06/24/19 MM 19-08 (#19060027) Peter Larson Obata Way Extension of approval AS17-23 (expires 7/20/20) - New warehouse for steel construction company C. Plan Check KT 06/27/19 AS 19-13 (19060033)Steve Caspari, Jr 1905 Saffron Court New swimming pool/ retaining walls in Residential Hillside. P19050179 D. Under Construction KT 06/28/19 AS 19-14 (19060034) VMD 19-01 Scott Kraus-Oreilly, M Conrotto-Owner E 10th Street 7,000 sf O'Reilly Auto Parts Store with reduced street sideyard setback along Chestnut Street.C. Plan Check KT 08/05/19 AS 19-15 Wren Investors, Developer; 408-847- 3902 9005 Mimosa Court Construct a new single story 3,145 square foot single- family house with a 709 square foot garage in an RH District. D. Under Construction MC 1 sfr 09/03/19 M 19-14 Pacific West/Caleb Road Glen LomaTown Center BMR Apartments Affordable housing policy exception B. Approved MAD 09/04/19 AS 19-16 (19090002)Andrew Raymundo 7300 Monterey TI to convert gas station to 40 seat coffee shop (indoor and outdoor seating area)B. Approved MC 09/24/19 AS 19-18 SCRWA 1500 Southside DR New Maintenance Facility Upgrades - no expansion of use D. Under Construction KT 10/04/19 AS 19-20 Alfred Y. Gaetos; 408-262-8400 x143 165 Martin Street Historic Restoration of Single Family Home D. Under Construction MC 10/15/19 AS 19-21 Ruben Gurrero 7648 Monterey Re-roofing and rollup door replacement at boxing gym B. Approved MC 10/16/19 AS 19-22 Debra Mercado Foxglove Court Single-family hillside home B. Approved MC 1 sfr 11/27/19 AS 19-24 (19110035)Steve Hernandez 10 West 7th Street Remodel of an existing commercial building B. Approved KT 11/27/19 AS 19-23 (19110032)Larissa Dickerson 7797 Monterey Architectural remodel for a beer garden and brew house in a historic home.B. Approved MC 11/27/19 CUP 19-01 (19110033)Larissa Dickerson 7797 Monterey Conditional Use Permit for a beer garden and brew house in a historic home.B. Approved MC 12/11/19 AS 19-26 (19120012)Debra Mercado 1870 Carob Court New 4,862 sq. ft. hillside residence with 1,349 sq. ft. lower level garage.B. Approved MC 1 sfr 12/31/19 AS 19-27 (19120038) Deepak Patankar / Architect; 415-312- 0454 7880 Monterey Demolition of Fosters and the construction of a new dentist office in the downtown expansion district.B. Approved tbd 7.C Packet Pg. 127 Communication: March 9, 2021 Planning Division Current Project Log (INFORMATIONAL ITEMS) Planning Approved Project Log 7 1/17/20 AS 20-01 Wren Investors, Developer; 408-847- 3921 6585 Eagle Ridge Court Construct a new, 5 bed, 5.5 bath, 2 story, 4312 sq. ft. single family residence, with attached 3 car accessory garage.B. Approved MC 810-72-0260 1 sfr 2/18/2020 AS 20-05 (20020025) Tomas Osinski; 323- 226-0576 2202 Columbine new, 5,574 square foot home with a 720 square foot attached garage.B. Approved MC 783-72-061 1 sfr 3/15/2020 AS 20-06 (20030015)Monterey Façade modifications to vines and pints building DHD district. D. Under Construction KT 799-06-054 04/03/20 AS 20-03 (20010033) John Krukar (Architect)1505 Welburn Avenue Second floor addition to existing residential hillside home B. Approved CM 783-23-046 5/18/2020 AS 20-07 (20050016) Jeffrey Krausse (Architect) 6805Silacci Way New Office / Warehouse buildings. Reference M 20-01 for DRG pre-application file.B. Approved MC 6/29/2020 AS 20-11 (20060035) Laura Hennessee; 408-621-4695 Monterey Alpine Landscaping Remodel of Existing Site D. Under Construction KT 790-27-036 07/17/20 AS 20-04 (20020013)Jose Montes 7533, 7530, 7539 Monterey Retro-fitting of historic URM building. Proposal for mixed- use building with (3) restaurants and (3) residential units.B. Approved CM 799-06-049 07/29/20 AS 19-17 TM 19-01 (See Also Z 19-03)M Huang 95 Farrell Avenue Subdividing single 43,592 SF lot into 4 single family lots. 3 will be 6,694 SF parcels and one will be a 15,710 flag parcel.B. Approved KT 3 new SFR lots - Market Rate 9/21/2020 AS 20-16 (20090034)Juvenal Quezada 7121 Monterey New Canopy, repainting of primary building, and re- striping of parking lot.-Mariscos C. Plan Check KT 799-10-049 11/02/20 GPA 13-02 (#13100001)City Citywide 2040 General Plan Update B. Approved CM City wide 12/3/2020 TM 20-02, AS 19-14, HP 21-01 301 & 303 E Tenth St Lot Split 303 E Tenth for O'Reilly Building, new 7ksf autoparts store C. Plan Check KT 1/5/2021 ZC 21-01 (2101001 6700 Bram Lane Replace 6 antennas and add 3 B. Approved MC 2/4/2021 AS 20-09 (20050041) / CUP 20- 01 (20050042)Judy Lee 8900 Murray Expansion of existing self storage facility with addition of new two-story building.B. Approved KT 835-04-069 MM 20-28 1360 B First St Mama Mias Patio and Sign B. Approved KT 7.C Packet Pg. 128 Communication: March 9, 2021 Planning Division Current Project Log (INFORMATIONAL ITEMS) Planning Completed Development Log 8 DATE COMPLETED PROJECT ID APPLICANT LOCATION PROJECT DESCRIPTION PROJECT STATUS PLANNER PARCEL NUMBER(S) Residential Units? City of Gilroy Planning Division Dated:3/9/2021 DATE COMPLETED PROJECT ID APPLICANT LOCATION PROJECT DESCRIPTION PROJECT STATUS PLANNER PARCEL NUMBER(S) Residential Units? 11/13/2019 AS 16-46 (#16100023)5480 Monterey PFG - Construction of a grocery and dry goods distribution center that includes a 347,651 square-foot warehouse E. Completed SO 1/1/2020 AS 17-08 (#17030017), HP 18-09 (#18060019)6500-6700 Cameron Blvd. 40,125 sf addition to an existing self-storage facility. Bldg Permits 18050122, 23, 24 E. Completed KT 2/21/2020 AS 18-06 (#18020025)9175 Tea Tree Way Single Family Hillside Home. P18060120 E. Completed KT 1 sfr 6/1/2020 AS 14-41 (#14100051)Monterey Rd. and Ervin Ct.Gateway Senior Apartment, 75 units E. Completed JW 75 senior apts 6/1/2020 AS 14-46 (#14120015)5975 Travel Park Circle Hampton Inn 4-story 100 room hotel. P16090068, 19100037, 19060045,46 E. Completed KT 9/9/2020 AS 19-19 1853 Thyme Court Detached garage and residential addition (ADU under separate permit)E. Completed KT ADU 11/9/2020 TUP 20-05 Arroyo Circle Temporary COVID-19 testing facility - thru June 2021 E.Completed 12/17/2020 TUP 20-06 (20120018)681 Leavesly Dental Marketing Event-Orange Square E. Completed MC 11/2/2020 MA 20-01 7363-7371 Monterey Mills Act Contract E. Completed CM 11/2/2020 MA20-02 7511 Carmel Mills Act Contract E. Completed CM 09/20/21 M 18-22(#18080054)City UPRR Right of Way High Speed Rail Gilroy Alignment study - Ongoing (HSRA adopted plan 9.2020 E. Completed KT 03/05/21 AS 15-38 John Kennedy 2241 Columbine SFR, Hillside E. Completed KT 1 sfr Description: This log contains all major planning projects recently completed up to and including the current calendar year. Projects are routinely removed from this list once they are accounted for in the City Traffic Model (e.g., after occupancy for 1 or more years). Contact the planning division at PlanningDivision@CityofGilroy.org or call (408) 846-0440 if you have any questions regarding this information. 7.C Packet Pg. 129 Communication: March 9, 2021 Planning Division Current Project Log (INFORMATIONAL ITEMS)