Loading...
06/26/2014 Planning Commission Regular Meeting Adopted 08/07/20141 Planning Commission Regular Meeting JUNE 26, 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 the agenda was posted on June 19, 2014 at 4:53 p.m. 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 Staff Present: David Bischoff, Planner; Melissa Durkin, Planner II; Jolie Houston, Assistant City Attorney; Christina Villarreal, Office Assistant Community Development Department III. APPROVAL OF MINUTES A. June 5, 2014 Motion on Item III.A. Motion: to approve the minutes of June 5, 2014 Moved by Commissioner Paul Kloecker, seconded by Commissioner Elizabeth Sanford Vote: Motion carried 6-0-0-1 Yes: Commissioner Brad Bannister; Commissioner Paul Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner Elizabeth Sanford; Chair Tom Fischer No: None Abstain: None Absent: Vice Chair Richard Gullen IV. PRESENTATION BY MEMBERS OF THE PUBLIC No comments or presentations were made. 2 V. PUBLIC HEARINGS A. Zoning Ordinance text amendment to Gilroy City Code Sections 30.50.60 (b)(2)k. and 30.50.60 (b)(2) I., RDO Interim Exemption, to extend the date by which planning applications must be submitted and deemed complete for processing and to make other minor clarifications to the text of the Ordinance. The proposed amendments would extend acceptance of RDO Interim Exemption applications until April 3, 2015. (Z 14 -05 zoning ordinance text amendment); City of Gilroy, Applicant Planner Durkin presented the staff report. Vice Chair Richard Gullen joined the meeting at 6:41 p.m. Commissioner Bannister asked if the project at First and Santa Teresa was zoned R4 and would it be affected by the amendment. Planner Durkin stated it is zoned R4 and they have received all but 71 allocations and they will be able to obtain the additional allocations if the ordinance is extended. Commissioner Bannister asked if the project would be built in multiple phases. Planner Durkin stated that she does not know if the project will be built in multiple phases but there were not enough allocations to give to them in the prior year RDO Interim Exemption and they were not ready to go forward with public hearings. If the ordinance is extended, additional units will be available to fully allocate units to the project. Planner Bischoff stated the environmental document needs to be completed for the project and that it will be completed in about 3 months and then it will come before the Commission for a public hearing. The applicant has not indicated to the City if they are phasing the project or not. Chair Fischer asked to clarify if the City Council was to approve the amendment , then the allocations for this project would be available in September. Planner Durkin stated that is correct. Commissioner Lai asked for clarification regarding the extension and if it will come before the Commission every year until the General Plan is complete. He asked if the Commission will have to extend the ordinance every year. Planner Durkin stated this will come back every year before the Planning Commission and City Council until the adoption of the General Plan. She stated this gives the Commission and Council the opportunity to determine if they want to extend the ordinance or if they would like to adjust the number of allocations. 3 Commissioner Sanford asked the status of the RDO cycle and when would it normally come up. She also asked how many allocations where originally allocated. Planner Durkin explained that the RDO is a 10-year cycle and the last cycle started in 2004 through 2013. If the City had initiated a new cycle that cycle would have been from 2014 to 2023 but the Council has not initiated a new cycle. Commissioner Sanford stated the RDO Interim Exemption is being extended based on the 2013 sunset of the original RDO cycle. Planner Durkin stated yes there will be an interim period where there will be no RDO cycle and that will give the Council the opportunity to decide what they want to do with the ordinance going forward. Commissioner Sanford asked if there have been discussions about there being a better way to allocate permits. Planner Durkin stated she thinks there is and that is what the Council wants to look at and they want to take the time to look at it appropriately. But to do that they need to have the General Plan completed so they can determine how they want to allocate units in the future. Chair Fischer opened the public hearing, seeing no comments; he then closed the public hearing. Motion on Item V.A. Motion: to adopt Resolution No. 2014-09 recommending the City Council approve Z 14- 05, and recommending numeric limits for projects receiving allocations through the RDO Interim Exemption process. Moved by Commissioner Paul Kloecker, seconded by Comm issioner Kai Lai 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 B. A request for Conditional Use Permit approval to install 12 panel antennas and 21 remote radio units to an existing 71-foot high monotree. The request also includes a new 1,100 square foot equipment shelter for a propane tank, generator, and several other pieces of supporting equipment. Undergrounding connections from the equipment shelter will include a 6-inch coaxial cable (approximate length of 130 feet), a fiber route (estimated at approximately 225 feet in length) and associated boxes/structures. The fiber route proposes connection to a utility pole outside of the lease area on an adjacent 4 property owned by the City of Gilroy. The subject site is located at 2765 Hecker Pass Road, at Gilroy Elks Lodge #1567. Portions of the project are exempt from environmental review under Section 15301 and 15303 of the CEQA Guidelines. (CUP 14-03 conditional use permit); Misako Hill, Agent for AT&T, Applicant Planner Bischoff presented the staff report. Commissioner Lai questioned the placement of the poles in a populated area because of radiation. Planner Bischoff stated that electromagnetic radiation from these facilities is very heavily regulated by the Federal Government. They establish the standards and we cannot impose standards that are any more stringent than those Federal standards and this project complies with those standards. Commissioner Lai stated not too long ago a school was complaining about one of the poles. Planning Bischoff stated that there was an application for a tower to be placed on school property and because there were a number of complaints, the application was withdrawn. Assistant City Attorney Houston stated that the City cannot use Electromagnetic Energy Exposure (EME) as a basis for denial under Federal law. Commissioner Rodriguez asked is there a length of time that someone is allowed to park at the Elks Lodge. Planner Bischoff stated he is not aware of any such limit. Commissioner Kloecker stated as a member of the Elks there is a time limit but he is not aware of how long. Chair Fischer opened the public hearing. Misako Hill representative for AT&T thanked Mr. Bischoff for his work on the project. She stated that AT&T has a couple of clarifications that she would like to make to the Conditions. First, Condition 11 AT&T is working with the City on the fiber optic easement and add a qualifier at the end; in case there is not a need or an alternate to the fiber optic connection, it should read if required; second, Condition 16 add the applicant should submit to the Planning Manger every 2-years a list of all AT&T transmitters and antennas; Condition 20 instead of tubular steel fencing AT&T would like to put up a solid fence for screening but, AT&T will accept the tubular fencing if it’s a fire code requirement. Chair Fischer closed the public hearing. 5 Commissioner Rodriguez asked Ms. Hill to describe the panels that are on the pole. Ms. Hill described the 12 panel antennas that are in 3 sectors in a triangular position and attached with steel mounts recessed within the tree foliage. Commissioner Kloecker asked if staff is agreeable with the changes presented by the applicant. Planner Bischoff stated 2 out of the 3 yes, Conditions 11 and 16 are fine but Condition 20 is not a Fire Department condition, it is a Planning Department condition. It is an issue of aesthetics and not providing a canvas for graffiti and for security purposes. Motion on Item V.B. Motion: to adopt Resolution No. 2014-10 approving, CUP 14-03 with 22 Conditions, with Conditions 11 and 16 as amended per the applicant’s request. Moved by Commissioner Brad Bannister, seconded by Commissioner Kai Lai 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 Draft 2015 - 2023 Housing Element (GPA 14-01 general plan amendment) Planner Bischoff introduced Chelsea Norton Payne, project manager for the City’s General Plan process from the firm of Mintier Harnish. Chelsea Norton Payne explained the Housing Element process of the General Plan. Chair Fischer requested public comment, seeing no comments; he then closed the public comment period. Commissioner Rodriguez commented on the CD presentation that was distributed regarding physically challenged people specifically regarding housing and would like this addressed in the future. 6 Commissioner Sanford stated that page H-9 of the Housing Element discusses housing for people with physical and developmental disabilities. She stated page H-9 Sections H-4.1 and H-4.4 talks about farmworker housing and ask if these two sections could be combined. She also stated that the report is not consistent in regards to economic needs and profession descriptions regarding what is the housing needs. Commissioner Bannister questioned Table H-1 Quantified Objective Summary and the Program Types regarding Rehabilitation and Preservation and what do they mean. He also questioned the numbers under very low income and low income. Ms. Payne explained that rehabilitation is related to the program for remodeling or rehabbing units and there is funding to support the rehab. Preservation is related to at- risk units, which is an affordable housing development that is at-risk of converting from affordable to market rate within the 8-year planning period. She stated there is a program that helps the City preserves those units. Commissioner Bannister asked is there anything now that fits that category or is this something that is planned to be built for the very low income or low income. Ms. Payne stated the quantified objectives are targets that the City has to work towards and there are no penalties for not meeting those targets; looking at the programs thinking over the 8-year period and this is the goal setting for how many units to work towards. Commissioner Bannister stated that the City rezoned parcels to meet the needs of the low and very low income. He stated if it goes to the State and they approved it and we don’t build it, we’re okay. Ms. Payne stated there are some protections in State law that make it difficult to deny affordable housing project. She stated that a lot of what is built is out of the City’s control. It requires the project to be proposed, a non-profit to get the funding together, and make a project feasible and much of that is outside of the city’s control. She stated there is not a penalty for not meeting those numbers but what the city has to do is make sure the land is there and the opportunity is there for affordable housing to get built. Planner Bischoff stated there is an application that has been submitted an affordable housing project with 250 units that would use tax credits to make the project affordable. Commissioner Sanford asked if having a certified housing element and makes the City eligible for certain programs and grants from the State. Ms. Payne stated there are certain programs with HOME and CBDG funding that require a certified housing element and there are other programs where there is just one criteria and points are awarded for having a certified housing element and you would need those points in order to have an application that was competitive. 7 Motion on Item V.A. Motion: to recommend City Council authorize the submittal of the Draft Housing Element to the California Department of Housing and Community Development for the 60-day review period. Moved by Commissioner Brad Bannister, seconded by Commissioner Paul Kloecker 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 B. Planning Staff Approvals Planner Bischoff stated that there were a few staff approvals including Gilroy Gardens water feature for small children, a few single family homes and the old Hall’s building modification. X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION None. XI. ORAL REPORTS BY COMMISSION MEMBERS A. City Council Meetings of June 16, 2014 and July 1, 2014 Commissioner Lai gave a brief summary of the June 9 and June 16, 2014 Council meeting. B. Housing Advisory Committee Vice Chair Gullen stated that there was no meeting. C. Historic Heritage Committee Commissioner Kloecker stated he did not attend the meeting. 8 D. Arts & Culture Commission Commissioner Bannister stated that he was unable to attend 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 a meeting was schedule for August 12, 2014 Commissioner Kloecker asked is the Gilroy Gardens presentation could be made to the Planning Commission. Chair Fischer asked staff to look into the presentation. G. Development Standards Task Force Chair Fischer stated that there was no meeting. H. General Plan Advisory Committee Commissioner Sanford stated she was unable to attend the meeting and asked if any other Commissioner was able to attend. Commissioner Kloecker stated he attended the meeting and gave a brief summary of the meeting. XII. PLANNING DIVISION MANAGER REPORT None XIII. ASSISTANT CITY ATTORNEY REPORT None XIV. PLANNING COMMISSION CHAIR REPORT None XV. ADJOURNMENT at 7:53 p.m. ________________________________ Susan Johnson, Deputy City Clerk