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03/06/2014 Planning Commission Regular Meeting Adopted 04/03/20141 Planning Commission Regular Meeting MARCH 06, 2014 I. PLEDGE OF ALLEGIANCE Chair Fischer 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 March 6, 2014 was posted on February 28, 2014 at 2:30 p.m. Roll Call: Present: Commissioner Brad Bannister; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Tom Fischer Absent/Excused: Commissioner Christi Garcia; Vice Chair Richard Gullen Chair Fischer stated Commissioner Garcia called in advance to report her absent. Staff Present: Kristi Abrams, Community Development Director; Scott Barron, Code Enforcement Officer; David Bischoff, Planner; Lee Butler, Development Center Manager; Jolie Houston; Assistant City Attorney; Jennifer Knerr, Deputy City Clerk; Susan Martin, Planning Manager; Valerie Negrete, Planner I III. APPROVAL OF MINUTES A. February 6, 2014 Motion on Item III.A. Motion: to approve the minutes of February 6, 2014. Moved by Commissioner Paul Kloecker, seconded by Commissioner Elizabeth Sanford Vote: Motion carried 5-0-0-2 Yes: Commissioner Brad Bannister; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: None Absent: Commissioner Christi Garcia; Vice Chair Richard Gullen 2 IV. PRESENTATION BY MEMBERS OF THE PUBLIC No comments or presentations were made. V. PUBLIC HEARINGS A. Zone Code Amendment Z 14-02 requests to amend various sections of Chapter 30 of the Gilroy City Code to implement changes to State law regarding reasonable accommodation, density bonus and emergency shelters, transitional and supportive housing. Modifications to address these issues would be applicable citywide. The proposed amendments are exempt from environmental review under Section 15305 of the State CEQA Guidelines. Application filed by the City of Gilroy. Planner Bischoff presented the staff report for emergency shelters. Vice Chair Richard Gullen joined the meeting at 6:36 p.m. Commissioner Bannister asked about the 50 bed limit per room and would that affect the armory. Planner Bischoff stated no that would not affect the armory. Commissioner Kloecker asked how the number of homeless is determined and if the county is taken every year. He also asked about the location of the CM. Planner Bischoff stated the count is every other year and the CM is located east of Monterey and west of Highway 101 along 10th Street and on the west side of Monterey, north of Welburn. Commissioner Lai asked about enforcement of the number of beds in a room. He also asked about adding beds if needed on cold or rainy nights and how would that be approved. Planner Bischoff stated that a management plan and floor plan with the number of beds per room would be summited before the facility opens. After the facility is open compliance would be enforced if the city receives a complaint or if the police department is called out to the facility. Planner Bischoff stated that the ordinance could be modified and language could be added for flexibility in the number of beds by approval of the Police Chief. Vice Chair Gullen asked about the length of stay in an emergency shelter and is that 24/7. Planner Bischoff stated the length of stay is 6 months and he believes 24/7 is the case. Planner Bischoff presented the staff report on supportive and transitional housing. 3 Commissioner Kloecker asked about supportive housing and if the City needs to incorporate into the definition what might occur in a private home . Planner Bischoff commented that cities cannot regulate supportive housing beyond the limits of State law. Planner Bischoff continued with the staff report regarding reasonable accommodation and density bonus for affordable housing. Commissioner Kloecker asked how is density bonus controlled over time with developers. Planner Bischoff stated as per the ordinance, the developer has to enter into an agreement with the city specifying deed restriction for density bonus. Commissioner Bannister asked about converting apartments into condos and how would the density bonus work. Planner Bischoff stated that this section of the ordinance refers to the language in State law regarding condo conversions. Chair Fischer opened the public hearing. Bill Faus spoke about his experience working in shelters in Gilroy, enforcement issues and his experience as Planning Manager for the City of Gilroy. He thanked Planner Bischoff and staff for the ordinance and stated that it was very well put together. He asked that the section regarding waiting areas be modified for some flexibility. Jan Berstein Chargin spoke about smaller shelters in residential neighborhoods for families with children. She stated the best place for children are in residential neighborhoods close to schools and parks. She stated that flexibility for intake area should be taken into consideration. She stated that there are different types of shelter programs and in San Jose there is a rotating shelter program with churches and religious organizations signing up to house small groups of men and woman for a month at a time and then they rotate to another facility. She also stated Monterey has a rotating shelter program with churches and religious organizations that house small groups for a few nights. Commissioner Sanford asked about different and creative ideas regarding the waiting and intake area and other possible solutions. She also asked about the limitation on the number of beds in a facility. Jan Berstein Chargin stated that everyone shows up at the same time at the Armory because there are a limited number of beds to house the people and you have to reserve a space. If someone knows that they have a place to stay for a few months or longer there wouldn’t be a need for intake areas. Creativity is needed to provide 4 different size shelters for year round housing for families and single men and women. Commissioner Bannister asked about amending the emergency shelters portion of the ordinance. Jan Berstein Chargin stated amending the language in Section 30.11.10 regarding rotating shelters with churches and religious organization and allowing shelters in residential neighborhoods by right with a Conditional Use Permits. Planner Bischoff commented on the intent of the ordinance for waiting and intake areas. He stated the language in Section 30.41.32 (c) could be changed to require that intake areas be of a sufficient size to accommodate the number of clients anticipated to be processed at any given time. And similar language for the second sentence. Another sentence could be added that reads “The number that is anticipated at any one time to be processed shall be documented in a management plan for the facility”. Chair Fischer closed the public hearing. Commissioner Bannister commented about making exceptions to the numbers. Motion on Item V.A. Motion: to adopt Resolution 2014-02 with changes to accommodate language clarifying waiting and intake areas, adding allowances for emergency shelters for famili es in residential zones with a CUP on a case by case basis and adding flexibility as to the number of beds permitted. Moved by Commissioner Kai Lai, seconded by Commissioner Paul Kloecker Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: None Absent: Commissioner Christi Garcia B. Zone Code Amendment Z 14-03 City-initiated Zoning Ordinance Text Amendment requesting to temporarily amend Section 19.13 (b) of the Zoning Ordinance to allow ground floor office uses by right in the Downtown Historic District without the need for a Conditional Use Permit for a period of 3 years. The subject Amendment would extend the prior 3 year extension (Ordinance No. 2011-04) to 2017. Planner I Valerie Negrete presented the staff report. Commissioner Lai requested clarification if the only change to the regulation is to extend the date of the ordinance. Planner Negrete confirms the only change is to extend the date to 2017. 5 Chair Fischer opened the public hearing, seeing no comments; he then closed the public hearing. Motion on Item V.B. Motion: to recommend City Council adopt Z 14-03. Moved by Commissioner Brad Bannister, seconded by Commissioner Kai Lai Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: None Absent: Commissioner Christi Garcia C. Zone Code Amendment Z 14-04 requests an amendment pertaining to sign regulations as described in Article XXXVII of the Gilroy City Code. Modifications to the City Code would address particular signage types throughout the city, including handheld signs, window signs, A-frame/portable signs, off-site residential open house signs, flags/balloons/streamers and temporary signs. In accordance with Section 15061(b)(3) of the State CEQA Guidelines, the proposed ordinance amendment is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. Assistant City Attorney Houston stated the ordinance had not been provided in the Planning Commission packet in error, and the Commission would need to find good cause and then vote on the late submission of the ordinance before the item could be heard, as required under Gilroy City Code Section 17A.10(c). Motion on Item V.C. Motion: to approve the late submission of the proposed Sign Ordinance. Moved by Vice Chair Richard Gullen, seconded by Commissioner Elizabeth Sanford Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: None Absent: Commissioner Christi Garcia Community Development Director Abrams presented the staff report. Commissioner Sanford stated that she had served on the Task Forc e and believed the recommendations from the Task Force on A-Frame portable signs had been restrictive enough and she didn’t believe the restrictions in the First Street corridor were necessary. She further stated that she disagreed with the proposal of res trictions for open house residential signs in the downtown. 6 Chair Fischer opened the public hearing, seeing no comments; he then closed the public hearing. Commissioner Kloecker thanked the task force for their hard work on the ordinance. Commissioner Bannister commented on the portable free standing sign on First Street stating that they looked trashy. Chair Fischer stated he agreed with Commissioner Bannister regarding the portable signs explaining that he had attending the earlier Council study session and fully agreed with the Council direction with the ordinance. Second Motion on Item V.C. Motion: to recommend City Council adopt Z 14-04 as presented by staff with modifications to include the Task Force recommendation regarding the allowance of A- Frame/Portable signs, and to permit Open House Residential Signs in the downtown as recommended by the Task Force. Moved by Commissioner Elizabeth Sanford, seconded by Commissioner Paul Kloecker Vote: Motion carried 4-2-0-1 Yes: Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford No: Commissioner Brad Bannister; Chair Tom Fischer Abstain: None Absent: Commissioner Christi Garcia VI. OLD BUSINESS A. Revised Planning Commission Bylaws Planning Manager Martin presented the staff report. Commissioner Kloecker asked about procedures regarding reconsideration of a vote. Assistant City Attorney Houston stated that a request for reconsideration has to be made at the same meeting and it has to be someone who voted for that item. Chair Fischer asked about item 17 conflict of interest and the right to return to the Chambers to speak as a member of the public. Assistant City Attorney Houston stated that is governed by the FPPC regulations and while there are limitations, she advised against incorporation of language into the bylaws as the FPPC rules would govern here. Chair Fischer opened the public hearing, seeing no comments; he then closed the public hearing. 7 Motion on Item VI.A. Motion: to approve the revised Planning Commission bylaws. Moved by Vice Chair Richard Gullen, seconded by Commissioner Elizabeth Sanford Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: None Absent: Commissioner Christi Garcia VII. NEW BUSINESS None VIII. CORRESPONDENCE None IX. INFORMATIONAL ITEMS A. Current Planning Projects B. Planning Staff Approvals X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION None XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meeting of March 3, 2014 (Cancelled) and March 17, 2014. Chair Fischer stated he attended the February Council meetings and gave a brief summary. B. Housing Advisory Committee Vice Chair Gullen stated that there was no meeting. C. Historic Heritage Committee Commissioner Garcia was absent and no report was given. D. Arts & Culture Commission 8 Commissioner Bannister gave a brief summary of the meeting. E. South County Joint Planning Advisory Committee Commissioner Kloecker stated that there was no meeting. F. Street Naming Committee Commissioner Lai stated that there was no meeting. G. Development Standards Task Force Chair Fischer gave a brief summary of the meeting. H. General Plan Advisory Committee Commissioner Sanford stated there is a community workshop on April 2, 2014 and gave the General Plan Advisory Committees website address. XII. PLANNING DIVISION MANAGER REPORT Planning Manager Martin stated that she signed the Commissioners up for a subscription to PlannersWeb.com. She spoke of a CEQA webinar opportunity on March 19, 2014 and asked Commissioners to let her know if interested. She reminded the Commissioners of the Planning Commission retreat on March 22, 2014. XIII. ASSISTANT CITY ATTORNEY REPORT Assistant City Attorney Houston reminded the Commissioners that FPPC Form 700 are due by April 1, 2014. XIV. PLANNING COMMISSION CHAIR REPORT None. XV. ADJOURNMENT at 8:24 p.m. _____________________________ /s/ Susan Johnson, Deputy City Clerk