Ordinance 2017-02ORDINANCE NO. 2017-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING ZONE CHANGE Z 16 -06, AMENDING THE SOBRATO
APARTMENT PROJECT PLANNED DEVELOPMENT BY REPLACING
THE TRANSITIONAL HOUSING RESTRICTION, INCLUDING A
LENGTH -OF- TENANCY LIMIT, WITH PERMANENT SUPPORTIVE
HOUSING ON 45 APARTMENT UNITS LOCATED AT 9369 MONTEREY
ROAD. APPLICATION FILED BY EDEN HOUSING C/O ELIZABETH
KUWADA
WHEREAS, Eden Housing ( "Applicant ") submitted an application requesting a Zone Change
Amendment (Z 16 -06) to amend the approved Sobrato Apartment Project planned development by
replacing the transitional housing restriction, including a length -of- tenancy limit, with permanent
supportive housing on 45 apartment units located at 9369 Monterey Road (APN 790 -07 -027); and
WHEREAS, the Planning Commission of the City of Gilroy considered Z 16 -06 in
accordance with the Gilroy Zoning Ordinance and other applicable standards and regulations; and
WHEREAS, on December 1, 2016, the Planning Commission considered the Staff Report
dated December 1, 2016, along with testimony received at the duly- noticed public hearing and other
materials regarding application Z 16 -06, and recommended that the City Council approve Z 16 -06
subject to conditions that
1. Within six months of City Council adoption of the zone change approval, the
applicant will be required to enter a new regulatory agreement to ensure that
supportive services are provided to all residents. The new regulatory
agreement will also identify remedies for defaults and include a provision
requiring a marketing plan that markets the units to Gilroy residents.
2. Time Limit. If the applicant does not enter into a new regulatory agreement
within the timeframe specified above, or as extended by City Council, the
approval shall be deemed automatically revoked. Upon application, an
extension of time may be granted by the City Council.
3. In addition to the onsite resident property manager, the project shall provide
supportive services such as case management and mental health services for
residents. The onsite personnel shall serve as a liaison and work pro - actively
with the Gilroy Police Department to minimize police service calls to the site.
and;
WHEREAS, Z 16 -06 is exempt from CEQA in accordance with Section 15061(b) (3) of the
California Environmental Quality Act (CEQA) Guidelines; and
ORDINANCE NO. 2017-02
WHEREAS, on January 9, 2017, the City Council has considered the Staff Report dated
January 9, 2017, along with testimony received at the duly noticed public hearing and other material.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I
The rezoning of the Sobrato Apartment Project Planned Development (APN 790 -07 -027) to
remove the transitional housing restriction, including a length -of- tenancy limit, on 45 apartment
units located at 9369 Monterey Road, is hereby approved subject to the following conditions of
approval:
a. Within six months of City Council adoption of the zone change approval, the
applicant will be required to enter a new regulatory agreement to ensure that supportive services are
provided to all residents. The new regulatory agreement will also identify remedies for defaults and
include a provision requiring a marketing plan that markets the units to Gilroy residents.
b. Time Limit. If the applicant does not enter into a new regulatory agreement within the
timeframe specified above, or as extended by City Council, the approval shall be deemed
automatically revoked. Upon application, an extension of time may be granted by the City Council.
C. In addition to the onsite resident property manager, the project shall provide
supportive services such as case management and mental health services for residents. The onsite
personnel shall serve as a liaison and work pro - actively with the Gilroy Police Department to
minimize police service calls to the site.
SECTION II
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
SECTION III
Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force
and effect thirty (30) days from and after the date it is adopted.
ORDINANCE NO. 2017-02
PASSED AND ADOPTED this 23rd day of January, 2017 by the following roll call vote:
AYES: COUNCILMEMBERS: BRACCO, HARNEY, KLOECKER, LEROE-
MUNOZ, TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
ORDINANCE NO. 2017-02
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2017 -02 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 23rd day of January, 2017, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 25th day of January, 2017.
Sh,gwna Freels, MMC
City Clerk of the City of Gilroy
(Seal)