Resolution 2003-81
RESOLUTION NO. 2003-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING SHE 03-01, AN APPLICATION FOR A
SENIOR HOUSING EXEMPTION FROM THE RESIDENTIAL
DEVELOPMENT ORDINANCE, APN 790-07-001
WHEREAS, Salvatore Oliveri ("Applicant") submitted SHE 03-01, requesting a senior
housing exemption from the Residential Development Ordinance ("RDO") for the purpose of
constructing a 34-unit senior housing development at 9325 Monterey Road, north of Farrell
Avenue, APN 790-07-001; and
WHEREAS, the City has determined that the review and approval of an application for
Senior Housing Exemption from the RDO does not confer any entitlement for residential
development and therefore does not constitute a "project" for the purposes of review pursuant to
the California Environmental Quality Act; and
WHEREAS, the City Council on August 6, 2001, adopted Resolution No. 2001-50,
which set numerical limits for residential development for the years 2004-2013 and established
targets for exempt housing, including 120 units of senior housing for individuals 62 and
over; and
WHEREAS, the 44 units to be developed under SHE 03-01 are senior housing units that
can be exempted under the 2004 RDO allocation, as discussed in the Staff Report dated
October 24,2003 ("Staff Report"), which is attached hereto as Exhibit A; and
WHEREAS, the Planning Commission reviewed application SHE 03-01 at a duly noticed
public hearing on November 6, 2003, and recommended that the City Council approve the
application subject to the three (3) conditions set forth on page 4 of the Staff Report; and
WHEREAS, the City Council reviewed application SHE 03-01 and all documents
relating thereto and took oral and written testimony at its duly noticed public hearing of
November 17, 2003; and
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Resolution No. 2003-81
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
SHE 03-01 should be and hereby is approved subject to the three (3) conditions in the
attached Staff Report.
PASSED AND ADOPTED this 1 sl day of December, 2003, by the following
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and
SPRINGER
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~~{~
Thomas W. Springer, or
~.T..~ :/" .&1..'/'---
VI I
~.- ' . tz- ~A--'
Rho da Pellin, City Clerk
IGB0\608759.1
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Resolution No. 2003-81
EXHIBIT A
City of Gilroy. California. 7351 Rosanna Street. 95020
ComlTIunity Development Department
Planning Division (408) 846-0440
Senior Housing Exemption
October 24, 2003
File Number: SHE 03-01
Applicant: Salvatore Oliveri (c/o Jeff King, Integrated Architecture 779-9141)
Location: 9325 Monterey Road, north of Farrell Ave.
Staff Planner: Melissa Durkin (mdurkin@ci.gilroy.ca.us)
REQUESTED ACTION:
The applicant requests a 44-unit Senior Housing Exemption from the RDO competition for property
located at 9325 Monterey Road.
DESCRIPTION OF PROPERTY:
Parcel Number:
Parcel Size:
Flood Zone:
790-07 -001
4.8:!: acres
"X," Panel # 060 340 0001 D, Panel Date: 8/17/98
STATUS OF PROPERTY:
Existing Land Use
Single Family Residences
General Plan Designation
Neigh. Dist., Gen. Servo Comm.
Zoning
RI
STATUS OF SURROUNDING PROPERTY:
Existing Land Use General Plan Designation
North: Single Family Residence Neighborhood District
South: Future Home. Shelt. & SFRs Neigh. Dist., Gen. Servo Comm.
East: Industrial Rural Residential
West: Future SFRs Neighborhood District
Zoning
RI
RI-R3-R4/PUD
County Ag.
RI-PUD
SHE 03-0 I
2
10/24/03
CONFORMANCE OF REQUEST WITH 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 to the policies of
Gilroy's General Plan. The following examples demonstrate this compliance:
Policy 7.04: Eq ual Housing Opportunity. Promote equal housing opportunities for all residents
regardless of age, sex, race, marital status, ethnic background, income and other arbitrary
factors.
Policy 7.05: Community Diversity. Maintain community diversity by ensuring a variety of housing
opportunities to meet the needs of people of different ages and/or social and economic
backgrounds, and different household and family structures.
Approval ofthe proposed project is consistent with these policies because it will result in the
construction of housing units that will accommodate only senior citizens, a currently
underrepresented segment of Gilroy's housing market.
ENVIRONMENTAL IMPACTS:
This application examines the proposed project's consistency with the City's Residential Development
Ordinance exemption process; it does not result in granting any entitlements for residential development.
Therefore, the City's action on this application does not constitute "approval of a Project" for purposes of
CEQA review. The City will require CEQA review if the applicant receives approval ofthis Small Project
Exemption, and submits subsequent applications to develop this property.
BACKGROUND OF RDO SENIOR HOUSING EXEMPTION
On July 16,2001, the City Council adopted RDO numerical growth limits for 2004-2013. These numeric
limits set aside 120 units for market-rate senior citizen housing and 100 units for low-income senior citizen
housing. The City Council simultaneously restricted occupancy of these units to people age 62 and older.
PROJECT OVERVIEW
The applicant's ultimate development plans for this site include:
. Twenty-eight (28) 800:!: square foot apartment units
. Sixteen (16) duette (attached) homes on lots that average 4,OOO:!: square feet
. An 18,200:!: square foot commercial building located along Monterey Road
SHE 03-01
3
lO/24/03
STATUS OF SENIOR HOUSING EXEMPT UNITS:
);> See Attachment #1, RDO Exempt from Competition, 2004-2013.
);> See Attachment #2, RDO Numerical Growth Limits, 2004-2013
ANALYSIS OF REQUEST:
Project Strengths:
}> This project complies with the intent of the goals and policies of the City's General Plan document,
including the Neighborhood District policies
}> Approving these units will create housing for senior citizens, a currently underrepresented segment of
Gilroy's housing market.
}> This project includes a commercial component that can serve the needs of the future residents
}> This project proposes two different housing types-duettes and apartments-both of which are sized
appropriately for senior residents
}> The project includes activity areas for the future residents
Issues & Concerns:
Staff has the following concerns with this project:
}> The project site is not currently within walking distance of commercial shopping centers. However,
the City Council has designated property along Monterey Road for commercial uses. In addition, as
the character of this area continues to urbanize, the existing commercial uses in this area will likely
change to reflect the surrounding residents' demand for goods and services.
Prior To Development, The Applicant Will Be Required to:
# I. Enter into a contract with the City agreeing to restrict occupancy of these units to people age 62 and
older
#2. Re-zone this property to Neighborhood District/Planned unit Development [Note: This re-zoning will
occur after the City Council takes action on the recommendations of the Neighborhood District Task
Force.]
#3.n --Complete a Tentative Map to subdivide the property
#4. Complete a Planned Unit Development Architectural & Site Review for this development
SHE 03-0 I
4
10/24/03
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission forward a recommendation to the City Council
Aoorovinl! this Senior Housing Exemption.
In addition, staff recommends that the following cOllditions be applied to this approval:
I. Prior to building permit issuance for these units, the developer shall sign a contract agreeing to
restrict occupancy ofthese units to people age 62 and older.
2. The Applicant shall obtain approvals for the Zone Change, Tentative Map, Final Map, PUD
Architectural & Site Review, Building Permits, and such 0 ther City a pprovals as may b e
necessary .
3. Time Limits. The Applicant must obtain all Approvals within two (2) year from the date of any
Senior Housing Exemption approval, otherwise the Senior Housing Exemption approval shall be
deemed automatically revoked. Upon application prior to the expiration ofthe approval and for
good cause shown, the Planning Division Manager may grant an extension oftime.
~
I lam aus
Planning Division Manager
bfaus@ci.gilroy.ca.us
3
Plannim!. Commission Action
At the November 6,2003 Planning Commission meeting, the Planning Commission recommended approval
of SHE 03-01 with-the-three-eonditions in the staff report by a vote of 6-0-1 (Commissioner Allen was
absent).
RDO EXEmPT rRom comPETITion
1004-10 I 5
Adopted by the City Council on July 16,2001 [ amended on September 3,2002 ]
Friday, October 24,2003
farol't for market driwll hOllSill~:
to ..."
'fargct tl)r exempt housing.:
:!,5:S0 lInits
\)(l(l lIllits *
I O-year (200.01-201,) (irowth I,illlit:
3A:SOllnits
* S!lccific hlrl!(~ts for (:X('IllIH hOllsinl!:
"aflltrdab!';" 530 units
"senior housing" 120 units
<'aftclI'dable senior" 100 units
"small pr{~iccls" 150 ullits 1**]
[individuals 62 and over]
I individuals 62 and over]
112 IIllits or lessl
"Affordable" (AHE)
File # A Hcant
Units Re uested
Location
Status
"S
H
"
enlor ouslng
File # Applicant Units ReQuested Location Status
SHE 02-0 I Village Green 39 Hecker Pass &
Santa Teresa Granted
SHE 02-02 John Kent 24 Cypress Court Granted
SHE 03-01 Salvatore Oliveri 44 Monterey Road In Process
Number of Units 107
in Process
Remaining Units 13
"Affordable Senior"
File # A Hcant
Units Re uested
Location
Status
Attachment #1
"Small" (SPE)
File # Applicant Units Requested Location Status
SPE 03-02 Del curto I (13 requested, 12 8895 Kern A venue Under review
Group from 2003)
SPE 03-03 James Suner 16 240 Ferrell Ave. Approved
SPE 03-04 Don 12 Mesa Road Approved
Thompson
SPE 03-05 Rancho 16 W of Sadler Dr. at Under review
Meadows terminus of Sprigway
Gerry
DeYoung
SPE 03-06 Camino 17 Terminus of Rodeo Under review
Enterprise Dr.
SPE 03-07 N.P. 5 8810 Kern Avenue Under review
Mussallem
SPE 03-09 N.P. 8 7861 Miller A venue Under Review
Mussallem
SPE 03-10 Robinson 8 7891 Miller A venue Under Review
Family Trust
Number of Units 83
in Process
Remaining Units 67
Attachment # 1
RDO numERlcnl GROWTII limiTS
1004-10 I S
Adopted by the City Council on July 16, 2001
[amended on September 3, 2002]
Friday, October 24, 2003
Target for market driven housing:
Target for exempt housing:
2,550 units
900 units *
------------------------------------------
-----------------------------------------
10-year (2004-2013) Growth Limit:
3,450 units
5-year (2004-2008) growth limit: 1,380
* Specific tan!ets for exempt housil12:
"affordable"
"senior housing"
"affordable senior"
"small projects"
530 units
120 units
100 units
150 units [**]
[individuals 62 and over]
[individuals 62 and over]
[12 units or less]
---------------------------------------------------
---------------------------------------------------
Total:
900 units
[**) The/irst 100 units cannot be consideredfor re-allocation until the end of the 10-year cycle (2004-2013), and the
remaining 50 units cannot be re-allocated under any conditions.
Buildout year 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Totals
RHO Limit: 326 410 315 J()6 202 240 240 240 241 170 2,550
2001 allocations 276 --3-6<T 315 1 (j(j--- --202-- --202 202 202 203 131 2,259
RD 94-01 * 50 50 100
Rem~in!flg 0 0 0 0 0 38 38 38 ~8.. ~9 191
. A 1I0Cl/led 10 Shllpell's lo'agle Ridge d"""lolll1ll'nl. an lIclion laken I,,' Ihe Cil\' COllncil dllring Ihe IlJf)4 RDO comlwli1ion,
Ci:\COMDEV\HDO d(lc~\RD() SWlus RCflorts\RDO Numeric~1 Growth Limits [2004-2013] hig picture.doc
ATTACHMENT #2
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2003-81 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
1st day of December, 2003, 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 December, 2003.
~~,
City Clerk of the City of Gilroy
(Seal)