11/06/2014 Planning Commission Regular Meeting Adopted 12/04/2014Preliminary
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Planning Commission
Regular Meeting
NOVEMBER 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
Kelsey Heyd reported the agenda was posted on October 30, 2014 at 3:28 p.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:
David Bischoff, Special Projects Planner; Kelsey Heyd, Planning Technician; Christina
Villarreal, Office Assistant Community Development Department
III. APPROVAL OF MINUTES
A. September 4, 2014
Motion on Item III.A.
Motion: to approve the minutes of September 4, 2014
Moved by Commissioner Susan Rodriguez, 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
B. October 2, 2014
Motion on Item III.A.
Motion: to approve the minutes of October 2, 2014
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Moved by Commissioner Paul Kloecker, seconded by Commissioner Susan Rodriguez
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
IV. PRESENTATION BY MEMBERS OF THE PUBLIC
Connie Rogers spoke about the special City Council Study Session regarding the Urban
Service Area request.
V. PUBLIC HEARINGS
A. A General Plan Amendment request to amend the Gilroy General Plan 2002-2020
by the adoption of an updated Housing Element. The updated Housing Element outlines
the City’s goals, policies and implementation programs for the preservation,
conservation, improvement and production of housing for t he 2015-2023 planning
period. The updated Housing Element identifies the specific actions the City will take to
address existing and future housing needs. A negative declaration has been prepared
and will be considered along with the proposed Housing Element adoption. (GPA 14-01
general plan amendment); City of Gilroy, Applicant
Chelsea Norton Payne of Mintier Harnish presented the staff report.
Commissioner Sanford asked about a response letter to Dennis Lalor regarding a letter
he sent to the State.
Special Projects Planner Bischoff stated that he did not have a copy of the letter that Mr.
Lalor of South County Housing sent to the State regarding the Harvest Park project.
The letter expressed concern over one of the conditions placed on the project regarding
the construction of affordable units in the project. Mr. Lalor’s concern was that he would
not be able to get financing for the affordable units until the infrastructure improvement
are in place in phase II of the project.
Special Projects Planner Bischoff stated the State has asked the City to work out an
amendment to the condition; staff has done that and it will be considered by the Council
later this month.
Chair Fischer opened the public hearing, seeing no comments; he closed the public
hearing.
Special Projects Planning Bischoff explained that the Negative Declaration is in the 30-
day review period and will need to be approved along with the Housing Element.
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Assistant City Attorney Houston stated that the 30-day review period ends November
16, 2014 and if we received any comments they will be address before going to Council.
Motion on Item V.A.
Motion: to adopt Resolution No. 2014-17 recommending the City Council adopt the
Negative Declaration for the project and approve GPA 14 -01
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
VI. OLD BUSINESS
None
VII. NEW BUSINESS
None
VIII. CORRESPONDENCE
None
IX. INFORMATIONAL ITEMS
A. Current Planning Projects
B. Planning Staff Approvals
C. 2015 Schedule for Planning Commissioner Attendance at City Council Meetings
D. 2015 Schedule for Planning Commission Meeting Dates
E. 2015 Planning Commission Committee Assignments
Special Projects Planner Bischoff gave a brief summary of the Current Planning
Projects, Planning Staff Approvals, 2015 schedule to attend City Council meetings,
2015 Planning Commission meeting dates and 2015 Planning Commission Committee
assignments.
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X. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION
Commissioner Kloecker inquired why the Urban Service Area wasn’t presented to the
Planning Commission before going to City Council. He also requested that any further
actions on this issue should come before the Planning Commission prior to the City
Council.
Special Projects Planner Bischoff stated that since it is a proposal to amend the urban
service area and the general plan, it is require by law to come before the Planning
Commission.
Commissioner Kloecker stated the Council’s action that night was for staff to meet with
the applicant and work out a cost sharing agreement and take it back to the Council.
He expressed concern that proper steps are not being taken and the item should have
been presented to the Planning Commission for action before going to the Council.
XI. ORAL REPORTS BY COMMISSION MEMBERS
A. City Council Meetings of October 6 & October 20, 2014 and November 3 &
November 17, 2014
Commissioner Rodriguez gave a brief summary of the October meetings.
Commissioner Sanford gave a brief summary of the November 3, 2014 meeting.
B. Housing Advisory Committee
Vice Chair Gullen gave a brief summary of the meeting.
C. Historic Heritage Committee
Commissioner Kloecker stated that there was no meeting.
D. Arts & Culture Commission
Commissioner Bannister stated that there was no 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
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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
Commissioner Sanford requested that a discussion about the USA be agendized for the
December meeting, with staff giving the Commission a timeline on what has taken place
this far and what is projected to take place in the future. She would also like staff to
define the Planning Commission role and responsibility for Urban Service Amendment
applications.
XIII. ASSISTANT CITY ATTORNEY REPORT
Assistant City Attorney Houston spoke about recent changes to the FPPC and how it
pertains to the Planning Commission. She spoke about the conflict of interest in
regards to property, financial gain and the 500 foot rule.
Connie Rogers asked how the rule applies to rental property.
Assistant City Attorney Houston stated that it’s an interest in real property, so the 500
foot rule would apply.
Commissioner Sanford asked how the FPPC regulations are enforced.
Assistant City Attorney Houston stated the City Attorney does not enforce any FPPC
regulation; it is the District Attorney, the FPPC or the Attorney General. They will bring
an action upon a complaint and they will investigate. The burden of proof would fall on
the FPPC. The general rule for the City Attorney on conflicts of interest issues is to give
advice on what the regulation and rules are and assist with a call to FPPC for an
opinion. She stated an opinion from the FPPC takes about 20 or 30 days to receive.
She stated the best rule is “when in doubt, sit it out.”
Commissioner Lai asked if owning stock in companies, such as Bank of America, would
constitute a conflict of interest.
Assistant City Attorney Houston stated that ownership of stock is something that needs
to be on your FPPC Form 700. For stocks with Bank of America or Apple you would
need to contact the FPPC. She also stated if the stock is for a local company, then that
might be a different issue and would really need the FPPC advice.
XIV. PLANNING COMMISSION CHAIR REPORT
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Chair Fischer stated that he attended a Summit on the Importance of Farmland in Santa
Clara County at the Santa Clara Valley Water District offices in San Jose and gave a
brief summary on the summit.
XV. ADJOURNMENT at 7:35 p.m.
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/s/ Susan Johnson, Deputy City Clerk