10/02/2014 Planning Commission Regular Meeting Adopted 11/06/20141
Planning Commission
Regular Meeting
OCTOBER 2, 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 September 26, 2014 at 10:18
a.m.
Roll Call:
Present: Commissioner Brad Bannister; Vice Chair Richard Gullen; Commissioner Paul
Kloecker; Commissioner Kai Lai; Commissioner Susan Rodriguez; Commissioner
Elizabeth Sanford; Chair Tom Fischer
Staff Present:
Kristi Abrams, Community Development Director; Jolie Houston, Assistant City
Attorney; Christina Villarreal, Office Assistant Community Development Department
III. MAYOR’S ANNUAL PRESENTATION TO THE PLANNING COMMISSION
Mayor Gage asked the Planning Commissioner if they had any questions, concerns or
comments for him.
Commissioner Bannister asked for clarification on Measure F.
Mayor Gage stated Measure F is a sales tax that would improve the city and city
services. It would fund repairs to streets and sidewalks; police officers to help combat
gangs, drugs and illegal actives; upgrades to parks and actives to keep teenagers and
youths out of gangs; upgrades to the Arts Center and other city infrastructure. He also
spoke about the rising cost of repairs.
Commissioner Sanford asked for an explanation about the city ability to finance project
upfront by borrowing against the projected tax revenue.
Mayor Gage explained that you take the taxes generated each year are based on the
current tax rate, comprising both property and sales tax, which is about 7 million dollars
a year. He said this allows the city to borrow against future taxes and pay back the
interest on that money over a period of time. This allows the city to pay for projects
today instead of waiting for the future.
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IV. APPROVAL OF MINUTES
None
V. PRESENTATION BY MEMBERS OF THE PUBLIC:
No comments or presentations were made.
VI. PUBLIC HEARINGS:
A. A Zoning Ordinance Text Amendment request for Code modifications pertaining to
sign regulations as described in Article XXXVII of Chapter 30 of the Gilroy City Code.
Key modifications detailing allowable A -frame portable signs, limitations for costumed
mascots/characters and handheld signs would apply citywide. Section 30.2.20 will also
be updated to provide additional definitions to clarify terms related to the sign ordinance.
The proposed project is exempt from environmental review under Section 15061(b)(3)
of the State CEQA Guidelines. (Z 14-04 zoning ordinance text amendment); City of
Gilroy, Community Development Department, Applicant
Community Development Director Abrams presented the staff report.
Commissioner Sanford asked if the Chamber of Commerce or any other group that was
involved has seen this copy of the proposed changes.
Community Development Director Abrams stated Mark Turner was at the Council
meeting and he had concerns with the 15 feet distance limitation for A-frame signs.
Commissioner Gullen asked about the side street A-frame sign reference and if such
sign would be permanent.
Community Development Director Abrams stated that the signs can only be out in the
allowed locations when the businesses are open. When businesses are closed , the
signs must be moved inside.
Commissioner Kloecker asked how would the city enforce the 10 day banner policy.
Community Development Director Abrams stated that code enforcement will note when
they see a banner is up and start the 10 days. She acknowledged it would be very
difficult to enforce.
Planning Manager Martin clarified the period for banners are 45 days up (not 10) and 90
days down.
Commissioner Bannister commented that he read the business owners would like 10
days for banners and the Council went back to 45 days. He asked about the placement
of A-frame signs and if the downtown would have a more elaborate sign than the rest of
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the city.
Community Development Director Abrams stated the Council made no change s to the
45 days banner time frame, which is currently allowed by the City Code. She stated
that A-frame signs need to be within 15 feet of the business and Council’s direction was
to have a uniform sign type frame and uniform font to be used throughout the city.
Commissioner Lai asked for clarification on the placement of A-frame signs in regards
to the sidewalk and bike lanes.
Community Development Director Abrams stated that A -frame signs are not allowed to
be place on the ramp section or corner area of the sidewalk they need to allow a
minimum 4-foot passage for ADA access and A-frame signs should never be placed in
the bike lanes.
Chair Fischer asked if the Council directed that mascots also remain within 15-feet from
a business.
Community Development Director Abrams confirmed that was the Council’s direction.
Chair Fischer opened the public hearing.
Victor Akylas commented that if he walks around holding and looking at a map or a
book technically he would be in violation of the ordinance.
Chair Fischer closed the public hearing.
Commissioner Bannister commented that he does not agree with not allowing
exceptions for sites with geographic constraints. He would like to see something like a
CUP for the exception.
Assistant City Attorney Houston commented that an exception to a code requirement
would be a variance from the sign code, not a CUP.
Commissioner Bannister stated mascots should be allowed within 15 feet of the front of
the business complex, this would allow businesses to be able to advertise if they are in
the back of the complex.
Planning Manager Martin clarified there are certain exemptions from the sign ordinance
section in the City Code.
Commissioner Sanford stated that the Sign Task Force was concerned with movement
of the mascots and public safety. She stated she supports the 15 feet in front of the
business as written.
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Commissioner Kloecker stated if it is worded as an exception what would not be a cost
item but, if it is a variance then it would be a cost item.
Planning Manager Martin clarified an exception for geographic constraints would be
added to the ordinance if the Commission does not want it as a cost item.
Motion on Item VI.A.
Motion: to recommend City Council approve Zoning Ordinance text amendment Z 14-
04 with the recommendation to add an exception for allowance of portable A -frame
signs for businesses due to unique geographical hardships.
Moved by Commissioner Elizabeth Sanford, 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
B. An Urban Service Area Amendment request for the inclusion of Assessor Parcel
Numbers 790-09-006, 008, 009, 010, 011; 790-17-001, 004, 005, 006, 007, 008, 009,
010, generally located west of Wren Avenue, south of Vickery Avenue, and north and
south of Tatum Avenue, into the city of Gilroy Urban Service Area. This request is
commonly known as the Wren Investors Urban Service Area Amendment. The property
is mostly undeveloped, although some single-family homes and the Gilroy Unified
School District Farm Site are included within the subject site. This request proposes a
change to the urban service area boundary to include approximately 50 acres,
comprising the subject parcels, and does not include any development at this time. An
environmental impact report (EIR) has been prepared for the proposed project and will
also be considered. (USA 12-01 urban service area amendment); Wren Investors, LLC
c/o Dick Oliver, Applicant
Planning Manager Martin stated that comments where received regarding the EIR and
staff needs to address these comments; that is why we are requesting this item to be
continued to the December 4, 2014 meeting.
Chair Fischer opened the public hearing.
Victor Akylas stated that he hopes the Commission approves the USA for this unique
piece of property and for someday this property to be annexed into the city.
Chair Fischer closed the public hearing.
Motion on Item VI.B.
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Motion: to continue the public hearing to the December 4, 2014 regular meeting to
allow additional CEQA analysis.
Moved by Commissioner Paul Kloecker, 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
VII. NEW BUSINESS
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 Meetings of September 8 & September 22, 2014 and October 6 &
October 20, 2014.
Chair Fischer gave a brief summary of the September Council meetings. He stated that
Commissioner Rodriguez will report on the October Council Meetings.
B. Housing Advisory Committee
Vice Chair Gullen stated that he was not able to attend the meeting.
C. Historic Heritage Committee
Commissioner Kloecker gave a brief summary of the meeting.
D. Arts & Culture Commission
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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 stated that there was no meeting.
H. General Plan Advisory Committee
Chair Fischer gave a brief summary of the meeting.
XII. PLANNING DIVISION MANAGER REPORT
Planning Manager Martin stated that October is Community Planning Month and Chair
Fischer will accept a proclamation from the Mayor and City Council on October 6, 2014.
She asked the Commissioners to look over the commission/committee assignments and
if they have any questions or would like to change assignments for next year please let
her know before the next meeting.
XIII. ASSISTANT CITY ATTORNEY REPORT
Assistant City Attorney Houston stated at the next meeting she will go into details about
the new FPPC rule of 500 feet in regards to voting.
Commissioner Kloecker requested inclusion of maps with the 500 foot circle around
their residence in future packets.
XIV. PLANNING COMMISSION CHAIR REPORT
Chair Fischer stated he received a report on the Highway 152 Shoulder Widening
project and if anyone is interested they are more than welcome to read it.
XV. ADJOURNMENT at 7:30 p.m.
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Susan Johnson, Deputy City Clerk