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Resolution 1998-25 . . RESOLUTION NO, 98-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING M 98-04/AHE 98-01, AN APPLICATION FOR AN AFFORDABLE HOUSING EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 808-08- 011 WHEREAS, American Housing Partners ("Applicant") submitted M 98-04/AHE 98-01, requesting an affordable housing exemption from the Residential Development Ordinance ("RDO") for the purpose of constructing 75 affordable, senior citizen housing units; and WHEREAS, the City Council may grant the requested RDO exemption only if it determines that it meets the criteria set forth in Zoning Ordinance section 50,62(b)(4), which criteria is fully discussed in the Staff Report dated March 26, 1998, which is attached hereto as Exhibit A and incmporated herein by this reference; and WHEREAS, the Planning Commission reviewed application M 98-04/AHE 98-01 at a duly noticed public hearing on April 2, 1998, and recommended that the City Council approve the Application M 98-04/AHE 98-01, subject to the two (2) conditions set forth on page 6 of the Planning Division Staff Report, attached hereto as Exhibit A; and WHEREAS, the City Council reviewed Application M 98-04/AHE 98-01 and all documents relating thereto and took oral and written testimony at its duly noticed public hearing of April 27, 1998; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds as required by Zoning Ordinance section 50,62(b)(4) that the project would substantially benefit the City, and would not create significant negative impacts to public facilities or to providers of public services in the community or to the Gilroy IMSD\410836,01 84-052004706002 -1- RESOLUTION 98-25 . . Unified School District, and makes these findings based on facts as set forth in the record, including the attached Staff Report, B, M 98-04/AHE 98-01 should be and hereby is approved subject to the two (2) conditions in the attached Staff Report, PASSED AND ADOPTED this 18th day of May, 1998 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE t1\WcL2~ K. A. Mike Gilroy, Mayor ~ ~i2u~~ Rhonda Pellin, City Clerk \MSD\410836,01 84-052004706002 -2- RESOLUTION 98-25 Community ~evelo~;~nt l Planning Division Staff Report .. . Department March 26, 1998 File Number: M 98-04/ ARE 98-01 Applicant: American Housing Partners (c/o Robert Zamora) Location: 7884 Wren Avenue, south of First Str~et Staff Planner: Melissa Durkin REQUESTED ACTION: The applicant is requesting a 75 unit Affordable Housing Exemption from the RDO competition for Victoria Woods, [Note: 74 units will be rented to Seniors, and one unit will be set aside for a manager,] DESCRIPTION..O..E..f.R~: Parcel Number: 808-08-011 Parcel Size: 2,67 acres Flood Zone: Zone B, Panel # 0603400001C Panel Date: 10/06/81, Revised to reflect LOMR. 8/31/95 SIATII~E..:eROn:RIY: Existing..Land..lIs~ Abandoned Ag. Building Gene.raLElan.D~signation Professional Office . Zoning PO-PUD ST A TI1ROE..8URROIINDING....FROP.ERIY: Existing.L.and.lIse N: Blockbuster/Undeveloped S: Professional Offices E: Alley / Single Family Homes W: S.F. Res" Duplexes, Apart. GeneraLEla.ILDesignation . General Services Commercial , Medium Density Residential Low Density Residential Low and Med. Dens, Res, Zoning C3-PUD R3-PUD Rl Rl, R3, R2 M 98-04 / ARE 98-01 . 2 . 3/26/98 CONFORMANCE OF REQ1TRST '\VITH GENERAL PLAN: The proposed project conforms to the land use designation for the property on the General Plan map, and is consistent with the intent of the text of the general Plan Document. This project conforms with the policies of Gilroy's General Plan. The following example demonstrates this compliance: Residential Environment (Section IV): 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. " The proposed project is in conformance with this policy, because it will provide low income, senior citizen housing, Both of these housing types are under-represented in Gilroy, Policy 2: lIThe City will encourage the construction of multi-family units, especialZv units suitable for lower income households and large families, " The proposed project is in conformance with this policy, because it will be affordable to low income households, lI.rh.an Develo.pme.nLan.d Community_De..sign (Section II): Policy 3: "Urban Development will only occur within the incorporated portion of the Planning Area, Land will therefore be annexed to the City before final development approval is given, " The proposed project is in conformance with this policy, because this land has been within City limits for many years. Policy 4: "The City will phase development in an orderly, contiguous manner in order to maintain a compact development pattern to avoid premature investment for the e.."Ctension of public facilities and services, New urban development will occur in areas where municipal services are available and capacity e.."Cists prior to the approval of development in areas which would require major new facility e..'Cpansion, " The proposed project is in conformance with this policy, because this site is surrounded by urban development. ENVIRONMENT ALlMll.CI.S: An Expanded Initial Study would normally be required for this project. However, the State has recently passed a law that exempts affordable housing projects, up to 100 units in size, from CEQA. The City Attorney is reviewing this law to dete.rmine whether Victoria Woods will meet the requirements of the exemption. If it is found that this project is exempt from CEQA, the applicant will M 98-04 / ARE 98-01 . 3 . 3/26/98 be required to prep~e a traffic report, and implement appropriate mitigation measures, prior to approval ofth~ Architectural and Site Review application. ANALYSIS OF RRQUEST: The applicant is requesting approval of an Affordable Housing Exemption from the RDO under the provisions of Zoning Ordinance section 50.62 (b) (4), to allow the construction of 75 affordable apartment units that will be rented exclusively to senior citizens. (Note: one of the units will be set aside for the resident manager.] This section of the Zoning Ordinance governs affordable housing developments that are constructed by private sector developers, and allows up to 75 units to be exempt from the City's Residential Development competition process, Projects that are exempt from the RDO under this section must comply with the City's "Affordable Housing Exemption Procedure for Private Developments" policy, which is currently being revised, These revisions are expected to be completed by the summer of 1998, Staff recommends that, if this Affordable Housing Exemption request is approved, the applicant be subject to the revised policy. As stated in section 50.62 (b) (4), the City Council may grant RDO exemptions for affordable housing projects if the project is determined to meet specific criteria. This section states, The City Council shall grant an exemption under this subsection only if the City Council determines the project would substantially benefit the City, and would not create significant negative impacts to public facilities or to providers of public services in the community or to the Gilroy Unified School District. The City Council shall consider the following elements in determining whether to grant this exemption: a. The number of exempt units which have already been granted during the current RDO cycle, and the number of years left in the cycie; b. 'The affordability of the project; c. The need for the types of units which are proposed; d. The number of affordable housing projects constructed or proposed within the project vicinity; e. . The diversity of unit type and architectural styles which are proposed in the entire development; and f. The site design and proposed building elevations. Following is staffs determination of this project's consistency with this exemption criteria: This project will be rented exclusively to senior citizens, and is therefore not expected to have any .impacts on the Gilroy Unified School District. However, the applicant will be required to pay the S tate mandated fee for senior citizen residential developments, which is the same fee paid for commercial developments, The applicant will incorporate any needed public improvements into the design of this project prior to approval of the architectural and site review, Staffbelieves this project is Consistent with this criteria. M 98-04 1 ARE 98-01 . 4 -. 3/26/98 A. The City Council set aside 950 housing units to be exempted from the RDO competition in the ten year cycle between 1994 and 2003. Although there are no annual limits on the number of , exempt units which can be awarded, the City Council has expressed a desire to ensure that the exempt units are not completely allocated in the fIrst few years of the RDO cycle, So far, 491 units have been allocated through the exemption process, leaving a balance of 459 units available for the six years remaining in the cycle, . If this request is approved, 384 exempt units will be available to be allocated in the remaining 6 years of this RDO cycle, which is approximately 40% of the original number ofRDO exempt units. Staff does have some concerns about the prospects of exempt units being available at the end of this RDO cycle, however we believe that this request is marginally Consistent with this criterion. B. The developer is proposing to rent the apartment units at rates that are consistent with the City's affordable housing exemption policy, If this project is approved, the applicant will be required to sign an agreement stating that the rents shall not exceed the rates listed in the City's exemption policy, [Note: Rental rates will be revised with every published revision ofHUD income limits,] Staff believes this project is (:oos.is..tent with this criterion, c. According to the City's Consolidated Plan, which was adopted on May 1, 1995, Gilroy has a demand for 846 new affordable rental units, Since that document was adopted, there have been four affordable rental projects approved within the City: the 34 unit Monterra Village, located south of Mantelli Drive and west of Kern Avenue, the 74 unit Gilroy Park Apartments, located south ofF arrell Avenue, and east of Wren Avenue, the 74 unit Gilroy Garden Apartments, located along Wren Avenue, south of Farrell Avenue, and the 21 unit Villa Esperanza, located west of Kern Avenue, north of Mantelli Drive, Therefore, there is still a need for 643 affordable apartment units in Gilroy. The proposed project would help meet this need by adding 75 senior apartment units, Staff believes this project is.C.onsistent with this criterion, D.There are three affordable housing projects near this site: 1, Plum Tree West - 70 seniorldisabled rental units approximately 1500 feet west of this site, 2. Sunset Gardens - 75 senior rental units approximately 500 feet south of this site. 3. The Orchard ~ 80 multi-family rental units approximately 500 feet west of this site, If the Victoria Woods project is approved, there will be 300 affordable units located in this area. Although this is a high concentration of low income housing, staff believes that allowing the proposed project to be constructed will not cause negative impacts on this area for the fO,llowing reasons: . There are market rate single family neighborhoods west, south and east of this site, Blending market rate and low income housing is ideal for creating sustainable communities, M 98-04 / ARE 98-01 . 5 . 3/26/98 . The proposed project will be surrounded by commercial or professional office uses on three sides, and market rate single family homes on the fou~ side. The surrounding l~d uses act as a buffer between Victoria Woods and the other affordable housing projects. . Staff believes this project is Consistent with this criterion, E. The applicant is proposing to construct two story structures, with stucco siding and tile roofs. Staff believes that the proposed structures meet Planning Division requirements, and that these' buildings will complement the surrounding area, Staff believes this project is C!l.nsisten:t with this criterion. F. The applicant has proposed a site design which meets minimum City standards. Staff believes that this site is in an excellent location for a senior residential facility, due to its close proximity 'to services (e,g, markets, banks, doctor's offices, and video rental facilities), In addition, several amenities are proposed for this site [see Exhibit A]. Staff believes this project is Consis.tent with this criterion. ADDITIONAl, INFORMATION: The following additional information is provided in order to aid in the decisi.on making process: . The minimum age of the residents will be 55 . There will be 62 one-bedroom units and 13 two-bedroom units . These apartment units will be constructed with funds granted by the California Tax Credit Allocation Committee. The apartments will be restricted to low income seniors for a period of 55 years . Exhibit A - Site amenities for this project . Exhibit B - A project description that has been prepared by the applicant . Exhibit C - A market survey that has been prepared by the applicant . Exhibit D- Proposed Rental Rates for the Units SIAFF ACTIO.N~ S.tafI.re..commendsAP.EROJ!AL_QfJhis _re.ques.tJoLthe~Qllo.wing_ reasons: 1. The request is generally con~istent with criteria set forth to exempt affordable housing units, M 98-04 1 ARE 98-01 . 6 . 3/26/98 2. There is a need for the type of units which are proposed. 3, The applicant has agreed to mitigate all impacts to public facilities and services, and to the Gilroy Unified School District. If this project is approved, staff recommends that the following.~.onditions be applied to this apPJ:QY.al: 1. The applicantshall be subject to the revised requirements of the "Affordable Housing Exemption Procedure for Private Developments" policy, These revisions are expected to be completed by the late Fall or early winter of 1997. 2. The developer shall sign a contract agreeing to the provisions contained within the "Affordable Housing Exemption Procedure for Private Developments," prior to approval of an Architectural and Site review for this site, Respectfully,. ~ ~~ William F aus Planning Division Manager 4-2-98 At their meeting of April 2, 1998, the Planning Co~mission, recommend approval of M 98-04/AHE 98-02. subject to two conditions as set forth in the staff report, and the. motion was approved by a voice vote of 6-0-1 (Commissioner Pinheiro absent). VOIce Resolution #98- 13. AYES: BLANKLEY, COLLIER, GARTMEN, PUENTE, TUCKER, LAI NA YES: NONE ABSENT: PINHEffiO . , I . . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 98-25 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of May, 1998, 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 3 rd day of June, 1998. 12 (Seal)