07/18/2013 Planning Commission Regular Meeting Adopted 09/05/20131
Planning Commission
Regular Meeting
JULY 18, 2013
I. PLEDGE OF ALLEGIANCE
Chair Sanford 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 the agenda for the regular Planning Commission
meeting of July 18, 2013 had been posted on July 2, 2013 at 11:05 a.m.
Roll Call:
Present: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi
Garcia; Commissioner Paul Kloecker; Commissioner Kai Lai; Chair Elizabeth Sanford
Absent/Excused: Commissioner Richard Gullen
Staff Present:
David Bischoff, Director of Planning and Environmental Services; Melissa Durkin,
Planner II; Jolie Houston, Assistant City Attorney; Jennifer Knerr; Deputy City Clerk;
Teresa Mack, Senior Civil Engineer (Development); Susan Martin, Planning Manager
III. APPROVAL OF MINUTES
A. June 6, 2013
Motion on Item III.A.
Assistant City Attorney Houston clarified her statement on page 5 stating that there was
no letter regarding Section 52.40. She stated she was commenting on Section 52.40.
Motion: to approve the minutes of June 6, 2013 as amended.
Moved by Vice Chair Tom Fischer; seconded by Commissioner Paul Kloecker
Vote: Motion carried 6-0-0-1
Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi
Garcia; Commissioner Paul Kloecker; Commissioner Kai Lai; Chair Elizabeth Sanford
No: None
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Abstain: None
Absent: Commissioner Richard Gullen
Chair Sanford introduced and welcomed the new Planning Manager Susan Martin.
IV. PRESENTATION BY MEMBERS OF THE PUBLIC
Lani Yoshimura, Community Librarian for the Gilroy Library spoke on Measure A and
passed out information materials to the Commissioners.
V. PUBLIC HEARINGS
A. General Plan Amendment GPA 09-01: A request to amend the General Plan
diagram to amend the designation of an 81 acre parcel located at 459 Bolsa Road
(APNs 841-31-003 & 022) from General Services Commercial to Low Density
Residential and a request to amend General Plan Community Design Policy 1.03 to
allow "adult manufactured housing communities" on the east side of Highway 101. An
environmental impact report has been prepared for this project.
B. Zoning Amendment Z 09-03: A request to amend the Zoning Map to redesignate an
81 acre parcel located at 459 Bolsa Road (APNs 841-31-003 & 022) from Open Space
to R1 Single Family Residential. An environmental impact report has been prepared for
this project.
Chair Sanford stated that the applicant withdraw their application for Items V.A and V.B.
and therefore no action will be taken by the Planning Commission.
Chair Sanford opened the public hearing.
Seeing no public comment Chair Sanford closed the public hearing.
C. Zoning Amendment Application Z 13-04: A request to amend the Zoning Map to
redesignate the property located at 9060 and 9070 Kern Avenue from R2 Two Family
Residential / Planned Unit Development to R3 Medium Density Residential (APNs 790 -
18-015 & 017).
Planner II Durkin presented the staff report.
Chair Sanford opened the public hearing.
Seeing no public comment Chair Sanford closed the public hearing.
Commissioner Lai asked about bike lanes and sidewalks for the project and safety of
children.
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Planner II Durkin stated that bike lanes and sidewalks would be developed as projects
proceed. She stated that this could be discussed if the project moves to the
development application process.
Chair Sanford stated that the Commission is voting to approve, modify or deny a zone
change and the Commission will have an opportunity as the application moves forward.
Planner II Durkin stated that this is not a PUD and if it moves forward it would be at staff
level.
Commissioner Bannister clarified that if the zone is approved the Commission would not
see the arch and site.
Planner II Durkin stated that is correct. This project is not a planned unit development
and therefore would be approved at staff level.
Motion on Item V.C.
Motion: to approved Zoning Amendment Application Z 13-04.
Moved by Vice Chair Tom Fischer; seconded by Commissioner Paul Kloecker
Vote: Motion carried 6-0-0-1
Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Christi
Garcia; Commissioner Paul Kloecker; Commissioner Kai Lai; Chair Elizabeth Sanford
No: None
Abstain: None
Absent: Commissioner Richard Gullen
D. Variance Application V 13-01: A request for variance from Section 37.58 of the
Zoning Ordinance to allow an existing freeway-oriented pylon sign located at 6980
Chestnut Street to exceed the maximum allowed area by an additional 147 square feet
(APN 841-66-032).
Director Bischoff presented the staff report.
Commissioner Kloecker asked about the pylon sign being non-conforming and is there
a time limit to correct to the sign.
Director Bischoff stated that there is no time limit and the sign can stay the same until
that sign is removed.
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Commissioner Lai asked if the variance is approved does that sign space belong to
Harbor Freight Tools or the shopping center.
Director Bischoff explained that if approved the sign will increase and the increase
signage will stay as long as the pylon sign is up. He stated if Harbor Freight moves out
and another business moves in, they can put up another sign in that space.
Assistant City Attorney Houston stated that the variance will run with the land and it’s
granted to the property owner.
Chair Sanford opened the public hearing.
Trish Thomas of Harbor Freight Tools spoke on the project and the need for the sign.
David Ford applicant stated he is available to answer any questions from the
Commission.
Commissioner Lai asked with the current square footage can you reconfigure the sign to
add another tenant.
Trish Thomas stated that McDonald’s and Burlington signs are in their lease
agreements and she does not think that can be changed. She is asking to be added to
that signage.
Chair Sanford closed the public hearing.
Commissioner Bannister stated the trees will cover parts of the sign and he is fine with
the request.
Vice Chair Fischer stated he can’t approve the application as the sign is over sized as it
is.
Chair Sanford stated that the Sign Task Force would like to be consistence throughout
the city and consistence with business owners that have been working within the
guidelines. She stated it’s important if we go against staff recommendations we need to
make specific findings for the approval.
Commissioner Lai stated that this is really an application by the shopping center owner
and not Harbor Freight Tools. This application should be considered by the owner not
the tenant.
Chair Sanford stated that if the sign where re-sized you could have more signs and they
would not be hindered by the trees.
Commissioner Bannister indicated he did not thing he could make all the required
findings.
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Commissioner Garcia stated that she is fine with the aesthetics of the sign. She stated
that the EDC works hard to get business to come into town and if a sign helps the
business she is supportive.
Assistant City Attorney stated again that variances run with the land and not the
business owner. She stated that the Commission would have to find exceptional or
extraordinary circumstances to allow the variance.
Motion on Item V.D.
Motion: to deny Variance V 13-01.
Moved by Vice Chair Tom Fischer; seconded by Commissioner Paul Kloecker
Vote: Motion carried 5-1-0-1
Yes: Commissioner Brad Bannister; Vice Chair Tom Fischer; Commissioner Paul
Kloecker; Commissioner Kai Lai; Chair Elizabeth Sanford
No: Commissioner Christi Garcia
Abstain: None
Absent: Commissioner Richard Gullen
Assistant City Attorney Houston stated this can be appealed to the City Council within
20 days.
VI. OLD BUSINESS
None.
VII. NEW BUSINESS
A. Appointment of two Planning Commissioners to serve on General Plan Advisory
Committee.
Manager Martin presented the staff report.
Commissioner Kloecker asked about the day and time of the meetings, he asked for
copies of the agendas and stated that an alternate should be appointed.
Manager Martin stated that the day and time will be established after the committee is
appointed. She also stated that with 2 Planning Commissioners on the committee she
does not feel that an alternate would be necessary.
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Vice Chair Fischer stated he would like to self-nominate himself for the committee.
Commissioner Lai stated he would like to self-nominate himself for the committee.
Commissioner Kloecker stated he too would like to self-nominate himself for the
committee.
Chair Sanford stated she too would like to self-nominate herself for the committee.
Manager Martin passed out ballots for the Commissioners to vote for 2 representatives
to serve on GPAC.
Chair Sanford stated the Commission would take a 5 minute break to count the ballots.
Chair Sanford reconvened the meeting.
1st ballot
Commissioner Bannister voted for Tom Fischer and Paul Kloecker
Vice Chair Fischer voted for Tom Fischer and Elizabeth Sanford
Commissioner Garcia voted for Tom Fischer and Elizabeth Sanford
Commissioner Gullen absent
Commissioner Kloecker voted for Paul Kloecker and Elizabeth Sanford
Commissioner Lai voted for Paul Kloecker and Kai Lai
Chair Sanford voted for Elizabeth Sanford
Manager Martin stated Chair Sanford received the highest number of votes with four (4)
votes, and Tom Fischer and Paul Kloecker had each received three (3) votes.
A second ballot was passed out.
2nd ballot
Commissioner Bannister voted for Tom Fischer
Vice Chair Fischer voted for Tom Fischer
Commissioner Garcia voted for Tom Fischer
Commissioner Gullen absent
Commissioner Kloecker voted for Paul Kloecker
Commissioner Lai voted for Tom Fischer
Chair Sanford voted for Paul Kloecker
Manager Martin stated Vice Chair Fischer received the highest number of votes with
four (4) votes, and will serve on the GPAC with Chair Sanford.
VIII. CORRESPONDENCE
None.
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IX. INFORMATIONAL ITEMS
A. Current Planning Projects
B. Planning Staff Approvals
Manager Martin gave a brief summary of the current planning projects and staff
approvals.
X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION
None.
XI. ORAL REPORTS BY COMMISSION MEMBERS
A. City Council Meeting of June 17, 2013 and July 1 and 15, 2013 meetings.
Commissioner Kloecker gave a brief summary of the June 17, 2013 meeting.
Vice Chair Fischer gave a brief summary of the July 1 and 15, 2013 meeting.
B. Housing Advisory Committee
Chair Sanford stated that there was no meeting.
C. Historic Heritage Committee
Commissioner Garcia stated that there was no meeting.
D. Arts & Culture Commission
Commissioner Bannister gave a brief summary.
E. South County Joint Planning Advisory Committee
Commissioner Kloecker stated he was unable to attend the meeting.
F. Street Naming Committee
Commissioner Lai stated that there was no meeting.
G. Development Standards Task Force
Vice Chair Fischer gave a brief summary of the meeting. Commissioner Bannister
stated that the Task Force visited several PUDs in Gilroy and Morgan Hill to look at the
pluses and minuses of each development.
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H. Sign Ordinance Review Task Force
Chair Sanford gave a brief summary of the final Sign Ordinance Review Task Force
meeting.
XII. PLANNING DIVISION MANAGER REPORT
Manager Martin gave an update on the general plan consulting services and provided
materials to the Commission. She also thanked David Bischoff for all his hard work as
Planning Director and making her transition smooth.
XIII. ASSISTANT CITY ATTORNEY REPORT
None.
XIV. PLANNING COMMISSION CHAIR REPORT
None.
XV. ADJOURNMENT at 7:58 p.m.
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/s/ Susan Johnson, Deputy City Clerk