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06/05/2014 Planning Commission Regular Meeting Adopted 06/26/20141 Planning Commission Regular Meeting JUNE 05, 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 Christina Villarreal reported that the agenda was posted on May 30, 2014 at 9:25 a.m. II. REPORT ON POSTING THE AGENDA AND ROLL CALL Roll Call: Present: Commissioner Brad Bannister; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Tom Fischer Absent/Excused: Vice Chair Richard Gullen Chair Fischer introduced Susan Rodriguez and welcomed her to the Planning Commission. Staff Present: Shawna Freels, City Clerk; Jolie Houston, Assistant City Attorney; Stan Ketchum, Senior Planner; Susan Martin, Planning Manager; Christina Villarreal, Office Assistant Community Development Department III. APPROVAL OF MINUTES A. May 1, 2014 Motion on Item III.A. Motion: to approve the minutes of May 1, 2014 Moved by Commissioner Elizabeth Sanford, seconded by Commissioner Paul Kloecker Vote: Motion carried 5-0-1-1 Yes: Commissioner Brad Bannister; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: Commissioner Susan Rodriguez Absent: Vice Chair Richard Gullen 2 B. May 15, 2014 Motion on Item III.B. Motion: to approve the minutes of May 15, 2014 Moved by Commissioner Paul Kloecker, seconded by Commissioner Brad Bannister Vote: Motion carried 4-0-2-1 Yes: Commissioner Brad Bannister; Commissioner Paul Kloecker; Commissioner Kai Lai; Chair Tom Fischer No: None Abstain: Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford Absent: Vice Chair Richard Gullen IV. PRESENTATION BY MEMBERS OF THE PUBLIC No comments or presentation were made. Vice Chair Richard Gullen joined the meeting at 6:33 p.m. V. PUBLIC HEARINGS A. A request for conditional use permit (CUP) approval to allow the continuation of an existing adult business, Lover’s Outlet, in the San Ysidro Shopping Center located at 8669 San Ysidro Avenue, Suite 100. The business sells products intended for adult use. The business was established without the required conditional use permit approval by the Planning Commission. Assessor Parcel Number 835-04-076. The application is exempt from environmental review under Section 15301 of the State CEQA Guidelines as an Existing Facility. (CUP 14-02 conditional use permit); Justine Overmyer, Applicant Planning Manager Martin presented the staff report. Commissioner Sanford questioned why the business license was issued, without the Planning Departments understanding the nature of the business. Planning Manager Martin stated the employee who signed off on the business license is no longer with the City. This incident occurred before she started working for the City, so it is difficult to explain what happen. There was no intent to deceive the applicant, nor was there intent by the applicant to deceive the City. It wa s an unfortunate misunderstanding. Commissioner Sanford commented that this type of scenario, where the applicant has to wait and wonder for 3 months from the time they were notified of the issue is not an ideal situation. She wants to make sure Gilroy can maintain its reputation for being business friendly. 3 Commissioner Lai asked what would happen if a church or private school wanted to go into the old Office Depot building. Planning Manager Martin stated a church use would have to comply with the Zoning Ordinance requirements, and staff as part of their analysis would look into what types of businesses surround the area. She also stated that an analysis would be given to the Planning Commission for consideration. Assistant City Attorney Houston stated that if a church or school were allowed, it could not make an existing business with a valid use permit move out. She stated this information could be considered in the 3-year review process for an adult business. Commissioner Lai asked if a church was allowed, would the Commission be violating one of the requirements pertaining to the adult business. Assistant City Attorney Houston stated the church would have to go through their own review process for parking, noise, etc. and she stated the limitation is on the adult business, not the church. Commissioner Kloecker asked if the adult business was in operation pending the CUP. He also asked about periodic inspection from either the Police Department or Code Enforcement, not due to a complaint. Planning Manager Martin stated the applicant applied for the CPU permit within the allotted 30 days and that the business was allowed to continue operations pending the outcome of the CUP. If there is a complaint the city will go out and inspect the business, but there is no requirement for periodic inspections without a complaint or concern. Chair Fischer opened the public hearing. Ron Kirkish expressed his concern as a Gilroy citizen and the possibility of illegal drugs being sold at the business especially to minors. He stated that it is just not this business, but any business in Gilroy. Robert Kling co-owner of the business spoke on the process of opening the business. He stated the business does not sell any kind of illegal drugs or drug paraphernalia; they sell lingerie and adult items. He stated children are not allowed in the store and they ask for identification to verify the age of people entering. Customers must be 18 years old or older to enter the shop. Commissioner Kloecker asked the applicant to clarify the age group allowed into the store. Mr. Kling stated a person must be 18 or older to enter; they ask for identification and do not allow children under the age of 18 into the store. 4 Chair Fischer closed the public hearing. Commissioner Sanford commented that she drove past the business and looked into the windows and found nothing objectionable or problematic about it. Chair Fischer stated he drove past and did not see it at first and that he had to really look for it to find the store. Motion on Item V.A. Motion: to adopt Resolution No. 2014-08 approving CUP 14-08. Moved by Commissioner Paul Kloecker, seconded by Commissioner Brad Bannister Vote: Motion carried 7-0-0-0 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: None Absent: None VI. OLD BUSINESS None VII. NEW BUSINESS A. Review Gilroy 2040 General Plan Vision and Guiding Principles Planner Stan Ketchum presented the staff report. Commissioner Kloecker asked for clarification the Planning Commissions role in relations to the General Plan Advisory Committee (GPAC). Planner Ketchum stated that each milestone completed by the GPAC would be presented to the Planning Commission before going to the City Council. Commissioner Kloecker asked for confirmation if the Planning Commissions role is more of a review, discussion and approval process rather than editing. Planner Ketchum stated that if the Planning Commission has comments or concerns on items presented or would like to change or add something bef ore it goes to Council, the Planning Commissions certainly has that ability. Commissioner Sanford wanted to recognize all the hard work that Mr. Ketchum and staff has done on the GPAC. She stated that it is not easy trying to put together all the comments and concerns of 30 different committee members. 5 Chair Fischer opened the public hearing. Dave Alameda asked if there were any Guiding Principles related to agriculture and how to protect and preserve agriculture. He stated he did not want it to become another San Jose. Planner Ketchum stated there are two Guiding Principles that protect agriculture: No. 3 “Balance Growth and Open Space” and No. 10 “Foster a Sustainable Community”. Mr. Alameda stated his concern is with the policy to protect the land; he feels the land will be developed. He would like to see in the Guiding Principles how to actively invigorate and protect agriculture. Chair Fischer closed the public hearing. Motion on Item VII.A. Motion: to recommend City Council approve Gilroy 2040 General Plan Vision and Guiding Principles Moved by Commissioner Brad Bannister, seconded by Commissioner Elizabeth Sanford Vote: Motion carried 7-0-0-0 Yes: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: None Absent: None VIII. CORRESPONDENCE None IX. INFORMATIONAL ITEMS A. Current Planning Projects Planning Manager Martin stated that there are several items that staff is working on and the RDO Amendment will be coming back before the Commission with some changes. B. Planning Staff Approvals C. Updated 2014 Schedule for Planning Commissioner Attendance at City Council Meetings Planning Manager Martin stated Planning Staff approvals include 8 home occupations and the updated schedule for Planning Commissioners to attend the City Council 6 meeting is to add Commissioner Rodriguez to the list. X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION Commissioner Kloecker stated that Planning Manger Martin presented to the City Council a presentation on PUD’s and he would like to have that report presented to the Planning Commission. Planning Manage Martin stated she would be happy to present the PUD information to the Planning Commission. It will be scheduled at a later meeting. Commissioner Sanford asked if the Commission could also have an update on the Sign Ordinance and what is being deliberated on at the June 9, 2014 Council meeting. Planning Manager Martin stated she does not have anything to report at this time for the Council will be discussing it at that June 9th meeting, but she will report back to the Commission at the next Planning Commission meeting. XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meetings of May 5 & May 19, 2014 and June 2, 2014 Commissioner Bannister gave a brief summary of the May meetings. Commissioner Lai gave a brief summary of the June 2, 2014 meeting. B. Housing Advisory Committee Vice Chair Gullen gave a brief summary of the meeting. C. Historic Heritage Committee Commissioner Kloecker gave a brief summary of the meeting. D. Arts & Culture Commission Commissioner Bannister gave a brief summary of the meeting. E. South County Joint Planning Advisory Committee Commissioner Kloecker stated there was not meeting. F. Street Naming Committee Commissioner Lai stated there was no meeting. 7 G. Development Standards Task Force Chair Fischer stated there was no meeting. H. General Plan Advisory Committee Chair Fischer gave a brief summary of the meeting and Commissioner Sanford gave the website address Gilroy 2040.com. XII. PLANNING DIVISION MANAGER REPORT Planning Manager Martin stated she would give the PUD presentation at a later meeting. She stated she is working on PUD guidelines to assist staff and developers alike. XIII. ASSISTANT CITY ATTORNEY REPORT None XIV. PLANNING COMMISSION CHAIR REPORT None XV. ADJOURNMENT at 7:31 p.m. ________________________________ Susan Johnson, Deputy City Clerk