Resolution 1994-55
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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
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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
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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
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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
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EXHIBIT A
HOUSING ELEMENT
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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.
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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
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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.
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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)