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11/04/2021 Planning Commission Regular Agenda Packet Regular Planning Commission Meeting Agenda November 4, 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 Manny Bhandal: manny.bhandal@cityofgilroy.org Vice Chair: John Doyle: john.doyle@cityofgilroy.org Stefanie Elle: stefanie.elle@cityofgilroy.org Adilene Jezabel Moreno: adilene.moreno@cityofgilroy.org Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual meeting at any time and possibly on short notice. Please check the City of Gilroy website at http://gilroyca.iqm2.com/Citizen/default.aspx for any updates to meeting information. Comments by the public will be taken on any agenda item before action is taken by the Planning Commission. Persons speaking on any matter are asked to state their name and address for the record. Public testimony is subject to reasonable regulations, including but not limited to time restrictions on particular issues and for each individual speaker. A minimum of 12 copies of materials should be provided to the Clerk for distribution to the Commission and Staff. Public comments are limited to no more than three-minutes, at the Chair’s discretion. Comments on any agenda item may be emailed to the Planning Division at planningdivision@cityofgilroy.org or mailed to the City of Gilroy, Community Development Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division by 1:00pm on the day of a Planning Commission meting will be distributed to the City Council prior to or at the meeting and availab le for public inspection with the agenda packet located in he lobby of Planning Division at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1:00pm deadline will be provided to the Planning Commission as soon as practicable. In compliance with the American Disabilities Act (ADA), the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (408) 846-0491. A sound enhancement system is available in the City Council Chambers. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. Persons who wish to speak on matters set for Public Hearing will be heard when the presiding officer calls for comments from those persons who are in support of or in opposition thereto. After persons have spoken, the hearing is closed and brought to the Planning Commission level for discussion and action. There is no further comment permitted from the audience unless requested by the Planning Commission. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9(b)(1) if a point has been reached where, in the opinion of the legislative body of the C ity on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the Planning Commission after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also available with the agenda packet on the City website at www.cityofgilroy.org 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. Comments on any agenda item may be emailed to the Planning Division at planningdivision@cityofgilroy.org or mailed to Community Development Department at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the Planning Division by 1:00pm on the day of a Planning Commission meeting will be distributed to the Planning Commission prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Planning Division at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondences received will be incorporated into the meeting record. Items received after 1:00pm deadline will be provided to the Planning Commission as soon as practicable. 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. Planning Commission - Special Meeting - Oct 21, 2021 6:30 PM 1. Staff Report: 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: V. PUBLIC HEARINGS VI. NEW BUSINESS VII. INFORMATIONAL ITEMS A. Proposed Modification to Planning Commission Bylaws to Change Start Time of Planning Commission Meetings 1. Staff Report: Karen Garner, Community Development Director 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Informational only. This is to introduce a proposed amendment to the bylaws to change the start time of Planning Commission meetings from 6:30 to 6:00 p.m. The Commission will be asked to take action on the proposed amendment at the next scheduled Planning Commission meeting. 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 Adilene Jezabel Moreno - Historic Heritage Committee Commissioner Andrew Ridley - Gilroy Downtown Business Association X. PLANNING DIVISION REPORT XI. ASSISTANT CITY ATTORNEY REPORT A. Planning Commission Training 1. Staff Report: 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: XII. ADJOURNMENT to the Next Meeting of December 2, 2021 at 6:30 P.M. Planning Commission Special Meeting of OCTOBER 21, 2021 I. PLEDGE OF ALLEGIANCE Chair Fischer led the pledge of allegiance. II. REPORT ON POSTING THE AGENDA AND ROLL CALL Permit Technician Romagnoli announced that the agenda was posted on October 15, 2021 at 3:01pm. Attendee Name Title Status Arrived Stefanie Elle Planning Commissioner Present Manny Bhandal Planning Commissioner Present John Doyle Planning Commissioner Present Joan Lewis Planning Commissioner Present Andrew Ridley Planning Commissioner Present Tom Fischer Chair Present Adilene Jezabel Moreno Planning Commissioner Excused III. PUBLIC COMMENTS There were no public comments. IV. CONSENT AGENDA V. CONTINUED PUBLIC HEARINGS VI. PUBLIC HEARINGS A. Staff has analyzed the proposed project, and recommends that the Planning Commission: Adopt a resolution recommending that the City Council adopt the Mitigated Negative Declaration prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and Adopt a resolution recommending that the City Council approve the General Plan Amendment GPA 20-01 as requested; and Adopt a resolution recommending that the City Council approve the PUD zoning amendment Z 20-07, subject to certain findings; and Adopt a resolution recommending that the City Council approve the Architectural and Site Review permit AS 20-21, subject to certain findings and conditions; and Adopt a resolution recommending that the City Council approve the Tentative Map TM 20-07, subject to certain findings and conditions; and Adopt a resolution recommending that the City Council approve the Conditional Use Permit CUP 20-01, subject to certain findings and conditions. 1. Staff Report: Kraig Tambornini, Senior Planner 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Commissioner Elle recused herself from this item. 4.1 Packet Pg. 4 Minutes Acceptance: Minutes of Oct 21, 2021 6:30 PM (CONSENT AGENDA) Kraig Tambornini presented the Project Garlic Industrial Subdivision. Gary Heap and Gicela Del Rio addressed the commission regarding t he potential traffic impacts and proposed mitigation of the project. Steve Beauchamp, representing the developer, spoke about the project. Steve requested that conditions 1 and 2 be removed from the resolution. Chair Fischer opened public comment. Jeff Salvotti commented on the project. Chair Fischer closed public comment. Disclosure of ex-parte communication: Commissioners Bhandal, Lewis, Doyle, Ridley, and Chair Fischer disclosed ex-parte communication. Possible action: 1) Motion was made by Commissioner Doyle, seconded by Commissioner Bhandal to adopt by resolution the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project, based on findings required by the California Environmental Quality Act (CEQA). Vote: Motion carried 5-0-1-1 Yes: Doyle, Ridley, Lewis, Bhandal, Fischer No: None Recused: Elle Absent: Jezabel Moreno RESULT: APPROVE [5 TO 0] MOVER: John Doyle, Planning Commissioner SECONDER: Manny Bhandal, Planning Commissioner AYES: Bhandal, Doyle, Lewis, Ridley, Fischer EXCUSED: Moreno RECUSED: Elle Staff has analyzed the proposed project, and recommends that the Planning Commission: Adopt a resolution recommending that the City Council adopt the Mitigated Negative Declaration prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and Adopt a resolution recommending that the City Council approve the General Plan Amendment GPA 20-01 as requested; and Adopt a resolution recommending that the City Council approve the PUD zoning amendment Z 20-07, subject to certain findings; and 4.1 Packet Pg. 5 Minutes Acceptance: Minutes of Oct 21, 2021 6:30 PM (CONSENT AGENDA) Adopt a resolution recommending that the City Council approve the Architectural and Site Review permit AS 20-21, subject to certain findings and conditions; and Adopt a resolution recommending that the City Council approve the Tentative Map TM 20-07, subject to certain findings and conditions; and Adopt a resolution recommending that the City Council approve the Conditional Use Permit CUP 20-01, subject to certain findings and conditions. 1. Staff Report: Kraig Tambornini, Senior Planner 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Possible action: 2) Motion was made by Commissioner Bhandal, seconded by Commissioner Doyle to adopt a resolution recommending that the City Council approve the General Plan Amendment GPA 20-01 as requested. Vote: Motion carried 5-0-1-1 Yes: Doyle, Ridley, Lewis, Bhandal, Fischer No: None Recused: Elle Absent: Jezabel Moreno 4.1 Packet Pg. 6 Minutes Acceptance: Minutes of Oct 21, 2021 6:30 PM (CONSENT AGENDA) RESULT: APPROVE [5 TO 0] MOVER: Manny Bhandal, Planning Commissioner SECONDER: John Doyle, Planning Commissioner AYES: Bhandal, Doyle, Lewis, Ridley, Fischer EXCUSED: Moreno RECUSED: Elle Staff has analyzed the proposed project, and recommends that the Planning Commission: Adopt a resolution recommending that the City Council adopt the Mitigated Negative Declaration prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and Adopt a resolution recommending that the City Council approve the General Plan Amendment GPA 20-01 as requested; and Adopt a resolution recommending that the City Council approve the PUD zoning amendment Z 20-07, subject to certain findings; and Adopt a resolution recommending that the City Council approve the Architectural and Site Review permit AS 20-21, subject to certain findings and conditions; and Adopt a resolution recommending that the City Council approve the Tentative Map TM 20-07, subject to certain findings and conditions; and Adopt a resolution recommending that the City Council approve the Conditional Use Permit CUP 20-01, subject to certain findings and conditions. 1. Staff Report: Kraig Tambornini, Senior Planner 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Possible action: 3) Motion was made by Commissioner Lewis, seconded by Commissioner Bhandal to adopt a resolution recommending that the City Council approve the PUD zoning amendment Z 20-07, subject to certain findings. Vote: Motion carried 5-0-1-1 Yes: Doyle, Ridley, Lewis, Bhandal, Fischer No: None Recused: Elle Absent: Jezabel Moreno RESULT: APPROVE [5 TO 0] MOVER: Joan Lewis, Planning Commissioner SECONDER: Manny Bhandal, Planning Commissioner AYES: Bhandal, Doyle, Lewis, Ridley, Fischer EXCUSED: Moreno RECUSED: Elle Staff has analyzed the proposed project, and recommends that the Planning Commission: Adopt a resolution recommending that the City Council adopt the Mitigated Negative Declaration prepared for the project, based on findings required by the California 4.1 Packet Pg. 7 Minutes Acceptance: Minutes of Oct 21, 2021 6:30 PM (CONSENT AGENDA) Environmental Quality Act (CEQA); and Adopt a resolution recommending that the City Council approve the General Plan Amendment GPA 20-01 as requested; and Adopt a resolution recommending that the City Council approve the PUD zoning amendment Z 20-07, subject to certain findings; and Adopt a resolution recommending that the City Council approve the Architectural and Site Review permit AS 20-21, subject to certain findings and conditions; and Adopt a resolution recommending that the City Council approve the Tentative Map TM 20-07, subject to certain findings and conditions; and Adopt a resolution recommending that the City Council approve the Conditional Use Permit CUP 20-01, subject to certain findings and conditions. 1. Staff Report: Kraig Tambornini, Senior Planner 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Possible action: 4) Motion was made by Commissioner Doyle, seconded by Commissioner Lewis to adopt a resolution recommending that the City Council approve the Architectural and Site Review permit AS 20-21, subject to certain findings and conditions. Vote: Motion carried 5-0-1-1 Yes: Doyle, Ridley, Lewis, Bhandal, Fischer No: None Recused: Elle Absent: Jezabel Moreno RESULT: APPROVE [5 TO 0] MOVER: John Doyle, Planning Commissioner SECONDER: Joan Lewis, Planning Commissioner AYES: Bhandal, Doyle, Lewis, Ridley, Fischer EXCUSED: Moreno RECUSED: Elle Staff has analyzed the proposed project, and recommends that the Planning Commission: Adopt a resolution recommending that the City Council adopt the Mitigated Negative Declaration prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and Adopt a resolution recommending that the City Council approve the General Plan Amendment GPA 20-01 as requested; and Adopt a resolution recommending that the City Council approve the PUD zoning amendment Z 20-07, subject to certain findings; and Adopt a resolution recommending that the City Council approve the Architectural and Site Review permit AS 20-21, subject to certain findings and conditions; and Adopt a resolution recommending that the City Council approve the Tentative Map TM 20-07, subject to certain findings and conditions; and 4.1 Packet Pg. 8 Minutes Acceptance: Minutes of Oct 21, 2021 6:30 PM (CONSENT AGENDA) Adopt a resolution recommending that the City Council approve the Conditional Use Permit CUP 20-01, subject to certain findings and conditions. 1. Staff Report: Kraig Tambornini, Senior Planner 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Possible action: 5) Motion was made by Commissioner Ridley, seconded by Commissioner Bhandal to adopt a resolution recommending that the City Council approve the Tentative Map TM 20-07, subject to certain findings and conditions. Vote: Motion carried 5-0-1-1 Yes: Doyle, Ridley, Lewis, Bhandal, Fischer No: None Recused: Elle Absent: Jezabel Moreno Staff has analyzed the proposed project, and recommends that the Planning Commission: Adopt a resolution recommending that the City Council adopt the Mitigated Negative Declaration prepared for the project, based on findings required by the California Environmental Quality Act (CEQA); and Adopt a resolution recommending that the City Council approve the General Plan Amendment GPA 20-01 as requested; and Adopt a resolution recommending that the City Council approve the PUD zoning amendment Z 20-07, subject to certain findings; and Adopt a resolution recommending that the City Council approve the Architectural and Site Review permit AS 20-21, subject to certain findings and conditions; and Adopt a resolution recommending that the City Council approve the Tentative Map TM 20-07, subject to certain findings and conditions; and Adopt a resolution recommending that the City Council approve the Conditional Use Permit CUP 20-01, subject to certain findings and conditions. 1. Staff Report: Kraig Tambornini, Senior Planner 2. Public Comment 3. Planning Commission Disclosure of Ex-Parte Communications 4. Possible Action: Possible action: 6) Motion was made by Commissioner Bhandal, seconded by Commissioner Doyle to adopt a resolution to approve the Conditional Use Permit CUP 20 -01, subject to certain findings and conditions. Vote: Motion carried 5-0-1-1 Yes: Doyle, Ridley, Lewis, Bhandal, Fischer 4.1 Packet Pg. 9 Minutes Acceptance: Minutes of Oct 21, 2021 6:30 PM (CONSENT AGENDA) No: None Recused: Elle Absent: Jezabel Moreno VII. NEW BUSINESS A. 2022 Schedule of Regular and Special Planning Commission Meetings 1. Staff Report: Karen Garner, Community Development Director 2. Public Comment 3. Possible Action: Approval of the 2022 Schedule of Regular and Specia l Planning Commission Meetings. Karen Garner brought to discussion the current schedule of the Planning Commission. The commissioners discussed moving the Planning Commission meeting start times to 6:00pm, commencing in January. VIII. INFORMATIONAL ITEMS A. Current Projects Log IX. PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION X. 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 Adilene Jezabel Moreno - Historic Heritage Committee Commissioner Andrew Ridley - Gilroy Downtown Business Association XI. PLANNING DIVISION REPORT No report. XII. ASSISTANT CITY ATTORNEY REPORT Jolie Houston announced she would provide training for the commissioners at the following meeting. XIII. ADJOURNMENT to the Next Meeting of November 4, 2021 at 6:30 P.M. Meeting adjourned by Chair Fischer at 7:47pm. 4.1 Packet Pg. 10 Minutes Acceptance: Minutes of Oct 21, 2021 6:30 PM (CONSENT AGENDA) Marco Romagnoli, Planning Technician 4.1 Packet Pg. 11 Minutes Acceptance: Minutes of Oct 21, 2021 6:30 PM (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: November 4, 2021 TO: Planning Commission FROM: Karen Garner, Community Development Director SUBJECT: Proposed Modification to Planning Commission Bylaws to Change Start Time of Planning Commission Meetings RECOMMENDATION: Informational only. This is to introduce a proposed amendment to the bylaws to change the start time of Planning Commission meetings from 6:30 to 6:00 p.m. The Commission will be asked to take action on the proposed amendment at the next scheduled Planning Commission meeting. BACKGROUND: At the last Planning Commission meeting, the Commission discussed changing the start time of meetings from 6:30 p.m. to 6:00 p.m. beginning in January 2022. Staff noted that this could be done by vote of the Planning Commission and an amendment to the Planning Commission bylaws was not needed, however, upon further research, staff determined that the start time of meetings is part of the bylaws (referred to as the “Rules and Regulations for the Planning Commission”). Therefore, the Planning Commission must amend the bylaws to change the start time of the meeting. Furthermore, the bylaws require that any amendment is given to each member in writing at least one week prior to said meeting. Staff is providing the proposed amendment at this meeting, but no action will be taken at this time. The Commission will be asked to vote on the amendment at the next Planning Commission meeting. DISCUSSION AND ANALYSIS: Attached are the Planning Commission bylaws, referred to as “Rules and Regulations for the Planning Commission,” with redline/strikeout of the proposed amendment reflecting the intent of the Planning Commission discussion at the October 21 st meeting. As discussed at that meeting, a 6:00 p.m. start time is consistent with the City Council as well as several other commissions and committees including the Parks and 7.A Packet Pg. 12 2 Recreation Commission, Bicycle Pedestrian Commission, Historic Heritage Committee and the Housing and Neighborhood Revitalization Committee. Traditionally, many of the boards, commissions and committees that meet regularly, meet in the evening to allow greater public participation and have start times ranging from 6:00 to 7:00 p.m. Generally, commission and committee start times are noted in their respective bylaws and can be changed by majority vote of the members. Bylaw #20 gives the Planning Commission authority to amend the bylaws by majority vote. 20. These rules and regulations may be amended at any meeting of the Commission by a majority of the membership of the Commission, providing that notice of said proposed amendment is given to each member in writing at least one week prior to said meeting. Bylaw #1 would be amended to reflect a new start time. 1. There shall be at least one regular meeting per month to be held the first Thursday at 6:30 6:00 p.m. in the City Council Chambers. Meeting dates may be changed, altered or deleted at any regularly scheduled meeting as per California State law. PUBLIC NOTICING: Planning Commission agendas are posted on the City's webpage. Attachments: 1. Gilroy - Rules and Regulations For the Planning Commission Revised Amended 11- 4-21 7.A Packet Pg. 13 October 4, 2018 (Revised)November 4, 2021 RULES AND REGULATIONS FOR THE PLANNING COMMISSION 1. There shall be at least one regular meeting per month to be held the first Thursday at 6:306:00 p.m. in the City Council Chambers. Meeting dates may be changed, altered or deleted at any regularly scheduled meeting as per California State law. 2. Additional meetings may be held at any time upon the call of the chair or by a majority of the voting members of the Commission, or upon written request of the City Council following at least twenty-four (24) hours notice to each member of the Commission 3. The Commission shall elect a chair and vice-chair at the meeting in January. 4. The duties and powers of the officers of the Planning Commission shall be: A. Chair: 1) Preside at all meetings of the Commission. 2) Call special meetings of the Commission in accordance with these rules and regulations. 3) Sign documents of the Commission. 4) See that all actions of the Commission are properly taken. B. Vice-Chair: 1) During the absence, disability, or disqualification of the chair, the vice- chair shall exercise or perform all the duties and be subject to all the responsibilities of the chair. 5. Matters referred to the Commission by the City Council shall be placed on the calendar for consideration and action at their next regular meeting of the Commission after such reference, and after publication of adequate notice. 6. Four members of the Commission must be present to constitute a quorum. 7. The latest edition of Roberts Rules of Order shall be followed unless otherwise provided for in these rules. 8. The Chair may debate from the chair and may vote on a motion, subject only to such limitations of debate as are imposed upon members of the Commission by these Rules and Regulations. 9. The member making a motion shall have the privilege of closing the debate. 10. To take action on a motion, there must be four (4) yes votes or four (4) no votes of members of the Commission. 7.A.a Packet Pg. 14 Attachment: Gilroy - Rules and Regulations For the Planning Commission Revised Amended 11-4-21 (3542 : Modification to Planning October 4, 2018 (Revised)November 4, 2021 11. The Commission may consider a request for reconsideration only during the same meeting at which action was taken, and only at the request of a commissioner who voted with the majority in the original decision on the matter. 12. Deadline for filing for placement on the agenda for public hearings shall be twenty days prior to consideration by the Commission or such greater time as may be needed to provide adequate notice. At that time, all applications and supporting material will be presented to the Planning Division. Requests for continuance of matters scheduled for a particular agenda item shall be filed in writing with the Planning Division, and accompanied by the proper continuance fee, not later than eight (8) days prior to the meeting. 13. Order of consideration for public hearing items: A. Staff recommendation – Commission will refer to written report. B. Questions of staff. Chair opens public hearing, and may set reasonable time limits for presentations to the Commission. The Chair may limit the time to be spent on an item. C. The applicant of the public hearing item may make a presentation and Commission may ask questions. Applicants shall be given a total of ten (10) minutes to present and up to five (5) minutes of rebuttal time after the public comments. Members of the public may make presentation and Commission may ask questions. At the Chair’s discretion, the public may speak no more than one (1) to three (3) minutes, depending on the number of speakers. If there are ten (10) of fewer speaker requests on an agenda item, the limit for each speaker will be three (3) minutes. Speakers are not allowed to delegate their time to another speaker. D. Chair closes public hearing. E. Planning Commission disclosure of ex parte communications, discussion, motion, additional discussion and vote on the matter. 14. Remaining agenda items will not be taken up after 11:00 p.m. unless requested by a majority of the Commission. 15. Votes on resolutions shall be taken by roll call, and the chair shall vote last. Votes on other agenda items to be by electronic and/or voice vote, and the chair shall announce the outcome. 16. Except as provided for in section 11, no member of the Commission shall be allowed to explain his or her vote or discuss the question while the roll is being called, and no member shall be allowed to change his or her vote after the vote is announced by the chair. 17. Any member of the Commission who has a conflict of interest on any matter shall refrain from any manner of influencing or participating in the matter. The member shall 7.A.a Packet Pg. 15 Attachment: Gilroy - Rules and Regulations For the Planning Commission Revised Amended 11-4-21 (3542 : Modification to Planning October 4, 2018 (Revised)November 4, 2021 announce on the public record the nature of the conflict, leave the City Hall Chamber and refrain from discussing said item. 18. ABSENCES: Any member of the Commission who knows he/she will not be able to attend a scheduled meeting shall notify the Planning Division staff liaison at the earliest possible opportunity and, in no case, not less than 72 hours before the start of a regular meeting for an excused absence. An emergency absence is an absence caused by a sudden emergency, including, but not limited to, the illness, hospitalization, or accident of the member, the member’s parent, spouse or domestic partner, or dependent. Such absences shall be reported to the staff liaison as soon as practicable. Each member shall be allowed two excused absences, and one emergency absence from regular meetings per calendar year. Any absence from a regular meeting in excess of the two excused absences and one emergency absence in a calendar year shall be deemed unexcused. A member with an unexcused absence shall be removed from their seat. 19. The vice-chair shall succeed the chair if the chair vacates such office before his/her term is completed. The vice-chair shall serve the unexpired term of the vacated office. A new vice-chair shall be elected at the next regular meeting. 20. These rules and regulations may be amended at any meeting of the Commission by a majority of the membership of the Commission, providing that notice of said proposed amendment is given to each member in writing at least one week prior to said meeting. GENERAL ORDER OF BUSINESS: PLEDGE OF ALLEGIANCE REPORT ON POSTING THE AGENDA AND ROLL CALL PUBLIC COMMENTS (Three-minute time limit) CONSENT AGENDA CONTINUED PUBLIC HEARINGS PUBLIC HEARINGS NEW BUSINESS INFORMATIONAL ITEMS PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION REPORTS BY COMMISSION MEMBERS PLANNING MANAGER REPORT ASSISTANT CITY ATTORNEY REPORT ADJOURNMENT 7.A.a Packet Pg. 16 Attachment: Gilroy - Rules and Regulations For the Planning Commission Revised Amended 11-4-21 (3542 : Modification to Planning