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Resolution 1994-55 -' . . .. .. RESOLUTION NO. 94-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 90-01, AMENDING THE GENERAL PLAN. OF THE CITY OF GILROY BY ADOPTING AND ADDING THERETO A HOUSING ELEMENT WHEREAS, Government Code Sections 65302(c) and 65583 mandate that the City's General Plan contain a Housing Element consisting of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing; and WHEREAS, pursuant to Government Code section 65588, the City shall review and revise the Housing Element of the General Plan as frequently as appropriate, but not less than every five years, in order to evaluate progress made and any changes and conditions affecting housing need; and WHEREAS, City has, since 1990, been in the process of evaluating and revising its Housing Element; and WHEREAS, pursuant to Government Code Section 65585(b) the City has submitted a draft amendment of the Housing Element to the State Department of Housing and community Development and, on August 8, 1991, received a letter from said Department explaining that the City's proposed Housing Element did not comply with State guidelines; and WHEREAS, the City has prepared a supplement to the proposed amended Housing Element explaining the City'S ability to meet applicable numerical limits for residential units had been impeded by a lack of sewer treatment capacity resulting in State- mandated moratorium on new sewer users and by subsequent related delays in providing additional treatment capacity, but that the construction of the new sewer treatment facility by the South County Regional Wastewater Authority will increase sewer treatment RESOLUTION NO. 94-55 -1- . . . '- capacity, thus accommodating new residential development coordi- nated through the City's Residential Development Ordinance; and WHEREAS, in accordance with the California Environmental Quality Act ("CEQA"), the City prepared and circulated an initial study finding that there would be no significant effects on the environment as a result of this project, and the City was notified by the State of California on April 20, 1994 that the City had complied with CEQA requirements regarding the project; and WHEREAS, the City has prepared and released for public review a Negative Declaration for this project in accordance with CEQA with one mitigation measure requiring that the City of Gilroy shall insure that adequate sewer treatment capacity is available for residential projects approved to meet the housing goal as stated in the Housing Element, and that any proposed residential development of significant scale will have an independent environ- mental assessment to evaluate and cite specific environmental concerns; and WHEREAS, the Gilroy City Planning Commission held a duly noticed public hearing on GPA 90-01 on June 2, 1994 and after that public hearing a majority of the members of the Planning Commission voted to recommend approval of GPA 90-01, and also voted to recommend approval of the Negative Declaration; and WHEREAS, this City Council held a duly noticed public hearing on GPA 90-01 on June 20, 1994, at which public hearing the Council considered the project along with staff reports, public testimony, and documentation or other evidence on the project. NOW, THEREFORE, BE IT RESOLVED THAT: A. The Council finds as follows: 1. The City has taken all actions required by CEQA; and 2. The Negative Declaration reflects the independent judgment of the City; and 3. Approval of GPA 90-01 would be in the public interest; and RESOLUTION NO. 94-55 -2- . . 4. The draft Housing Element amendment substantially complies with the requirements of Article 10.6 of the Califor- nia Government Code commencing with section 65580 for the following reasons: a. The City's ability to meet development goals for providing residential units as established by the Association of Bay Area Governments (" ABAG") was impeded by a state-mandated moratorium on new sewer hook-ups between October 14, 1983 and December 17, 1984 imposed on the City due to the lack of available sewer capacity; and b. The joint efforts of the cities of Gilroy and Morgan Hill to expand the sewage treatment plant to provide additional treatment capacity was delayed by a lawsuit resulting in issuance of a Writ of Mandate by the Superior Court ordering the completion of a second Environmental Impact Report regarding various alterna- tives for discharge of treated sewage; and c. The Writ of Mandate was lifted by the Superior Court on March 18, 1991, allowing the cities of Gilroy and Morgan Hill to form a Joint Powers Authority known as the South County Regional Wastewater Authority ("SCRWA") which began the process of constructing a new sewage treatment facility to be completed by mid-1994; and d. Anticipating the additional sewer treatment capacity, the City, in 1993, resumed annual competitions for the allotment of allocations to construct residential uni ts pursuant to the City's Residential Development Ordinance ("RDO") established in 1979 as the City's system of residential growth management; and e. The City intends to resume residential develop- ment with an annual average development of residential RESOLUTION NO. 94-55 -3- . . ,. units approximating that in existence prior to the discovery of the sewer capacity problem and has, thus, established a 10-year goal to construct 4,000 residential units, and has also increased allowable exemptions to the limitations imposed by the RDO to include projects funded by governmental agencies with up to 75 units and private- ly developed proj ects providing up to 75 affordable units in the low-moderate income range. B. GPA 90-01 should be and hereby is approved, so that the Gilroy General Plan is Amended to adopt a new Housing Element as attached hereto as Exhibit "A". C. The Negative Declaration should be and hereby is ap- proved. PASSED AND ADOPTED this 27th day of June, 1994 by the following vote: AYES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCILMEMBERS: GILROY ABSENT: COUNCILMEMBERS: APPROVED: RESOLUTION NO. 94-55 -4- . EXHIBIT A HOUSING ELEMENT . POLICIES: Policy 1: The City will continue to work towards the goal of a balanced community with a variety of housing types and prices, sufficient job opportunities, and an efficient and adequate provision of City services and amenities. Policy 2: The City will encourage the construction of multi-family units, especially units suitable for lower income households and large families. Policy 3: The City will encourage the conservation of the rental stock because rental units are commonly the most "affordable" housing for lower income households. Policy 4: Agencies funded through the County of Santa Clara "Community Development Block Grant Program" will continue to be encouraged to provide services to Gilroy households, especially to households with special needs. Policy 5: Rehabilitation of substandard housing will be encouraged and financial assistance will be provided whenever feasible. A Replacement Housing Program shall be developed in the event that units are not suitable for ,rehabilitation. Policy 6: The City will promote equal housing opportunities for all residents regardless of age, sex, race, marital status, ethnic background, income and other arbitrary factors. Policy 7: The City will encourage participation by the private sector in development of affordable housing opportunities by removing unnecessary impediments and providing realistic incentives. Policy 8: The City will encourage public awareness of residential energy use and will support resource conservation efforts whenever feasible and appropriate. Policy 9: Houses or neighborhoods of historic significance will be preserved and protected. . . . . IMPLEMENTATION MEASURES A. Provide more affordable units through the Residential Development Ordinance through evaluation of the current process, revision of the point allocation system, provision of a mechanism to ensure long-term affordability, and monitoring guarantees of affordability. B. Make housing projects which are 100% affordable to very low and low income households exempt from the Residential Development Ordinance. C. Develop an Inclusionary Housing Program so that developers participating in the Residential Development Ordinance allocation process ensure that 25% of their units are affordable to very low, low and moderate income households. D. Determine what improvements and modifications may be needed in the Zoning Ordinance to encourage construction of new accessory units. E. Modify development standards which inhibit infill development. F. Evaluate existing ordinances and modify them to encourage mixed use developments, particularly those adding housing development in the downtown. G. Provide 50% of the tax increment funds from any future redevelopment agency for affordable housing opportunities. H. Revise ordinances as necessary to encourage the adaptive reuse of buildings for affordable housing opportunities. I. Inventory appropriate sites in order to provide sufficient land zoned for multi-family units. J. Develop a strategy to conserve existing assisted housing including the parkview and Milias Apartments and Plum Tree West. K. Encourage the provision of current and additional Section 8 subsidies. L. Conserve existing affordable mobile home opportunities through evaluation of existing programs and ordinances to remove unnecessary impediments. M. Encourage and support the operation of the Wheeler Senior Care Facility. N. Support shared housing programs operated by non-profit agencies. O. Support existing programs for the homeless. Convene service providers and community members to formulate an action plan for the homeless to avoid duplication and ensure that the needs of the homeless are being met. P. Revise the zoning ordinance to allow adequate sites for homeless facilities in specific zoning districts. Q. Continue to administer the Housing Rehabilitation Program to assist lower income households. R. Inventory sUbs~dard housing and Housing Program for the provision substandard units. if of necessary,4IIteloP a suitable housing for Replacement the residents of ~ S. Hire a Housing Code Enforcement Officer to respond specifically to citizen complaints regarding housing code problems. T. Encourage and support provision for the special needs of migrant farmworkers and their families. Work with the county to expand and/or upgrade the migrant housing camp to maximize the use of the facilities for emergency shelter on a year-round basis. U. Provide financial support to programs that provide fair housing and counselling services to Gilroy households. V. Hire a public information staff person whose duties will include actively pursuing opportunities to communicate with Gilroy residents regarding housing and other issues. W. Review existing development procedures and recommend appropriate changes to facilitate the construction of affordable units. X. Review and recommend modifications to development standards which pose an unnecessary impediment to the construction of affordable units. Y. Identify and explore alternative financing programs in the Public and Private Sectors to address the affordability crisis, including shared appreciation and shared equity mortgages, sale and lease-back arrangements, employer-assisted home purchase programs, and financial assistance for conversion of unused commercial space for rental housing. Z. Establish a Housing Trust Fund for the purpose of creating a permanent source of funds for affordable housing opportunities. AA. Create a permanent Citizens Housing Task Force to assist in the implementation of the policies and programs in the Housing Element. BB. Continue to include Resource Conservation design features as a criteria in awarding points in the Residential Development Ordinance process. CC. Ensure that the goals of affordable housing program and the historic preservation program are compatible, and eliminate unnecessary impediments which may deter owners from repairing and rehabilitating their historic structures into functional residential dwellings. " " . , . . I, SUSANNE E. STEINMETZ, city Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 94-55 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 27th day of June , 19--2L, 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 29th day of June ,1994. 0k~ ;z{1'~~ /'City Clerk of the City Of~~ (Seal)