01/05/2012 Planning Commission Regular Meeting Adopted 04/05/20121
Planning Commission
Regular Meeting
JANUARY 05, 2012
I. PLEDGE OF ALLEGIANCE
Vice Chair Aulman called the meeting to order at 6:30 p.m. and led the pledge of
allegiance.
II. REPORT ON POSTING THE AGENDA AND ROLL CALL
Deputy City Clerk Knerr reported that the agenda for the regular Planning Commission
meeting of January 5, 2012 had been posted on December 29, 2011 at 2:35 p.m.
Roll Call
Present: Vice Chair Terri Aulman; Commissioner Brad Bannister; Commissioner Tom
Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Commissioner
Elizabeth Sanford
Absent: Chair Jim Gailey
Director Bischoff stated that Chair Gailey had called to report that he would be unable to
attend that evenings meeting.
Staff Present:
David Bischoff, Director of Planning and Environmental Services; Jolie Houston,
Assistant City Attorney; Jennifer Knerr, Deputy City Clerk; Marilyn Roaf, HCD
Coordinator
IV. PRESENTATION BY MEMBERS OF THE PUBLIC
No comments or presentations were made.
III. APPROVAL OF MINUTES
A. December 1, 2011
Motion on Item III.A.
Motion: to approve the minutes of December 1, 2011.
Moved by Commissioner Tom Fischer, seconded by Commissioner Ermelindo Puente.
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Vote: Motion carried 6-0-0-1
Yes: Vice Chair Terri Aulman; Commissioner Brad Bannister; Commissioner Tom
Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Commissioner
Elizabeth Sanford
No: None
Abstain: None
Absent: Chair Jim Gailey
V. PUBLIC HEARINGS
A. M 11-10 Miscellaneous Adoption of an update to the Housing Element of the
General Plan.
Director Bischoff presented the staff report.
Vice Chair Aulman asked if the compassion center was factored into the City’s need to
accommodate homeless persons.
Director Bischoff stated no, it does not include the compassion center and clarified the
terms of accommodation.
Director Bischoff stated that city needs to identify 26.5 acres for high density residential
use. He showed the Commission locations that had been previously identified as
possible high density residential and then identified new properties which might be used
as high density.
Commissioner Lai asked how many acres were shown on the map and if that is
sufficient to meet State certification.
Director Bischoff answered about 80 plus acres that have been outlined and we need
26.5 to be certified by the State.
Vice Chair Aulman asked how would the Housing Element change when the 2010
census data is received.
Director Bischoff stated that the next Housing Element is due to be submitted to the
State in 2014 and that the 2010 census data would be included in that document.
Commissioner Bannister asked about the potential for rezoning the School District’s
property on Wren Avenue.
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Director Bischoff answered the property on Wren Avenue was newly added as a
possibility for high density residential development.
Commissioner Bannister asked about the Cherry Orchard Ranch Project and does that
project meet the definition of affordable housing.
Assistant City Attorney Houston stated that Cherry Orchard is not a high density project.
Vice Chair Aulman stated that Cherry Orchard would have selling prices of $400,000
and higher.
Vice Chair Aulman opened the public comment.
Tom Espersen asked if the Indian Motorcycle factory site on Tenth Street was being
considered for rezoning. He asked about developers requirements for building low
income housing and if that is required by the Housing Element. He also asked if a
developer received RDO allotments and decides not to build low income what recourse
the City would have. Mr. Espersen spoke about the impediments to housing
construction and stated the City should cut the fees in half or zero out the fees to get
building started.
Director Bischoff stated the Indian Motorcycle site is part of the Downtown Specific Plan
and the Housing Element is already figured into the Downtown Specific Plan numbers.
In regards, to requiring a developer to build low income housing first in a development,
Director Bischoff stated the city has development agreements with developers and he
does not think the agreement states when low income housing are to be built. He also
stated that if a developer decided not to build low income housing the development
agreement would need to be amended and if they decided not to build them at all then
legal action could be taken against the developer.
Vice Chair closed the public comment.
Commissioner Bannister asked about Mr. Espersen’s question regarding building fees.
Director Bischoff stated Gilroy is growing under the current structure and he does not
feel that the fees have slowed down that growth.
Assistant City Attorney Houston stated that we also have exemption from the RDO for
affordable housing projects and that would also reduce impediments.
Vice Chair Aulman re-opened the public comment.
Mr. Espersen asked about fees developers have to pay and the amount per house and
suggested again that lowering fees would get building underway in order to make up the
deficit that the city has.
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Director Bischoff stated that the city’s deficit in housing construction was due to the
downturn in the economy not the fee structure.
Vice Chair Aulman closed the public comment.
Commissioner Bannister asked about the rehabilitation of 16 lower-income housing
units and the status of that project.
HDC Coordinator Marilyn Road spoke about the improvements that we are doing. She
stated that rehabilitation is done through grant money and some of the grant monies
have dried up due to the economy.
Assistant City Attorney Houston spoke about the Tomasello project rehab through the
Housing Trust Fund and that those units are restricted to low-income or very low-
income.
Motion on Item V.A.
Motion: to recommend City Council adopt the Negative Declaration finding no significant
impacts that would result from adoption of the House Element of the General Plan.
Moved by Commissioner Brad Bannister, seconded by Commissioner Ermelindo
Puente.
Vote: Motion carried 6-0-0-1
Yes: Vice Chair Terri Aulman; Commissioner Brad Bannister; Commissioner Tom
Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Commissioner
Elizabeth Sanford
No: None
Abstain: None
Absent: Chair Jim Gailey
Second Motion on Item V.A.
Motion: to recommend City Council approve M 11-10 Miscellaneous Adoption of an
update to the Housing Element of the General Plan.
Moved by Commissioner Brad Bannister, seconded by Commissioner Elizabeth
Sanford.
Vote: Motion carried 6-0-0-1
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Yes: Vice Chair Terri Aulman; Commissioner Brad Bannister; Commissioner Tom
Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Commissioner
Elizabeth Sanford
No: None
Abstain: None
Absent: Chair Jim Gailey
VI. OLD BUSINESS
A. Planning Commission Retreat
Director Bischoff presented the staff report and reviewed topics for the retreat.
Commissioner Fischer stated he liked the variety of staff's suggestions.
Commissioner Sanford agreed with Commissioner Fischer and stated that this is a good
opportunity to review basics information for new commissioners.
Commissioner Bannister asked to include downtown parking improvements onto the
retreat agenda.
Vice Chair Aulman agreed with the other Commissioners.
Director Bischoff asked if it was the consensus of the Commission to hold the retreat on
February 11, 2012 from 9:00 am to 1:00 pm and use the topics as revi ewed.
The Commission agreed.
VII. NEW BUSINESS
A. Planning Commission Committee Assignments
Director Bischoff presented the staff report.
Commissioner Fischer stated he would like to be appointed to the Development
Standards Task Force.
Consensus of the Commission to appoint Commissioner Fischer to the Development
Standards Task Force and to wait until the February to appoint a Commissioner to the
Historic Heritage Committee.
B. Elect Planning Commission Chairperson and Vice Chairperson for 2012
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Commission Bannister nominated Vice Chair Terri Aulman as Chair of the Planning
Commission.
Motion on Item VII.B.
Motion: to appoint Vice Chair Aulman as Chairperson of the Planning Commission for
2012.
Moved by Commissioner Elizabeth Sanford, seconded by Commissioner Brad
Bannister.
Vote: Motion carried 6-0-0-1
Yes: Vice Chair Terri Aulman; Commissioner Brad Bannister; Commissioner Tom
Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Commissioner
Elizabeth Sanford
No: None
Abstain: None
Absent: Chair Jim Gailey
Vice Chair Aulman nominated Commissioner Elizabeth Sanford as Vice Chair of the
Planning Commission.
Second Motion on Item VII.B.
Motion: to appoint Commission Sanford as Vice Chairperson of the Planning
Commission for 2012.
Moved by Commissioner Vice Chair Terri Aulman, seconded by Commissioner
Ermelindo Puente.
Vote: Motion carried 6-0-0-1
Yes: Vice Chair Terri Aulman; Commissioner Brad Bannister; Commissioner Tom
Fischer; Commissioner Kai Lai; Commissioner Ermelindo Puente; Commissioner
Elizabeth Sanford
No: None
Abstain: None
Absent: Chair Jim Gailey
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VIII. CORRESPONDENCE
None.
IX. INFORMATIONAL ITEMS
A. RDO Status Report
Director Bischoff reported no change to the RDO Status Report.
B. Current Planning Projects
Director Bischoff reported no new projects have been received.
C. Planning Staff Approvals
Director Bischoff reported on the number of home office applications that were
approved.
X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION
None.
XI. ORAL REPORTS BY COMMISSION MEMBERS
A. City Council Meetings of December 5 and 19, 2011
Commissioner Sanford gave a brief summary of the December 5 and 19, 2011 City
Council meetings.
B. Housing Advisory Committee
Commissioner Sanford gave a brief summary of the meeting.
C. Historic Heritage Committee
Director Bischoff reported there was no meeting.
D. Arts & Culture Commission
Commissioner Bannister stated there was no meeting.
E. South County Joint Planning Advisory Committee
Vice Chair Aulman stated there was no meeting.
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F. Street Naming Committee
Commissioner Puente stated there was no meeting.
G. Climate Action Plan Stakeholder Advisory Committee
Commissioner Lai stated there was no meeting.
H. Development Standards Task Force
Commissioner Bannister stated there was no meeting.
XII. PLANNING DIVISION MANAGER REPORT
None.
XIII. ASSISTANT CITY ATTORNEY REPORT
None.
XIV. PLANNING COMMISSION CHAIR REPORT
None.
XV. ADJOURNMENT at 7:45 p.m.
_____________________________
/s/ Susan Johnson, Deputy City Clerk