Resolution 2004- 67
RESOLUTION NO. 2004-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AND MODIFYING ARE 04-01, AN
APPLICATION FOR AN AFFORDABLE HOUSING PROJECT
EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT
ORDINANCE, APNs 799-07-059, 799-07-060 and 799-07-061
WHEREAS, Mike Bertolone ("Applicant") submitted ARE 04-01, requesting an
Affordable Housing Exemption from the Residential Development Ordinance ("RDO") to build
sixteen (16) units on three parcels totaling .16 acre (7,216 square feet) currently zoned
Downtown Commercial/Historical Neighborhood Combining District (C2-HN) located at 7433
Monterey Street, APNs 799-07-059, 799-07-060 and 799-07-061; and
WHEREAS, the City has determined that the review and approval of an application for
an Affordable Housing Exemption from the RDO does not confer any entitlement for residential
development and therefore is not a "project" for the purposes of review pursuant to the
California Environmental Quality Act; and
WHEREAS, the City Council may grant the requested RDO exemption only if it
determines that the application meets the criteria set forth in Zoning Ordinance section
50.62(B)(3) or 50.62(B)(4) and said application was submitted pursuant to 50.62(B)(4), the
criteria thereof are set forth and fully discussed in the Staff Report dated May 20, 2004 ("Staff
Report"), which is attached hereto as Exhibit A; and
WHEREAS, the Planning Commission reviewed application ARE 04-01 at a duly
noticed public hearing on June 3, 2004, and recommended that the City Council approve the
project for the construction of twelve (12) units; and
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Resolution 2004-67
WHEREAS, the City Council reviewed application AHE 04-01 and all documents
relating thereto and took oral and written testimony at its duly noticed public hearing of June 7,
2004; and
WHEREAS, the City Council, after considering all said documents and oral and written
testimony, determined to reduce the number of units to be approved under the project to twelve
(12); 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
1. The City Council hereby finds that the project meets the following requirements:
A. Application ARE 04-01 is the first request for exempt affordable housing
units for the years 2004 through 2013.
B. All units will be affordable to persons earning 120% or less of the median
household income in Santa Clara County with at least 40% of the units
being affordable to households earning 50% to 60% of the median
household income for Santa Clara County, at least 30% of the units being
affordable to households earning 60% to 100% of the median household
income for Santa Clara County, and not more than 30% of the units being
affordable to households earning 100% to 120% of the median household
income of Santa Clara County.
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Resolution 2004-67
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C There is a need for affordahle living units within the l'ity and these units
will be located downtown and thus easily accessible to Caltrain, Valley
Transportation Authority ("VT A") transportation routes and core
downtown business.
D. Currently, there is one proposed affordable housing project of nine (9)
units located four blocks to the south of this project at 7031 Monterey
Street, and there are two existing affordable housing projects in this
vicinity, one project having seven (7) units and located at 7257 Monterey
Street and one project having two (2) units and located at 7430 Monterey
Street; and this project is not immediately adjacent to any other project
which is exempted under Section 50.62(b)(3) or (b)(4).
E. The project would bring diversity of unit types and architectural styles to
the City because the Applicant proposes to construct an urban, storefront
fac;ade with the proposed housing units located on the second and third
floors, and each apartment will have an open living room and kitchen and
one bedroom and one bathroom, and consist of approximately 550 square
feet.
F. The site design and proposed building elevations call for the demolition of
an unreinforced masonry building and development on that parcel and on
two parcels that are currently undeveloped. The building will occupy the
entire site and the project provides for no on-site parking. The building
will include a pedestrian pass-through to Gourmet Alley and to the
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Resolution 2004-67
parking lots hetween Gourmet Alley (11lc1 Fi~leherry Street, wnicn
pedestrian pass-through will be lined with retail store space. The front
fayade will have openings to the street on each side and is designed to
incorporate materials that will complement downtown buildings. Each
floor has an open air corridor connecting apartments to the stairway and
elevator .
G. For the reasons specified in Subsections A through F, immediately above,
the project would substantially benefit the City.
H. The project would not create significant negative impacts to public
facilities, providers of public services to the community, or the Gilroy
Unified School District; and the project beneficially uses three (3) parcels
that are oddly shaped and small.
2. AHE 04-01 should be and hereby is approved subject to the following five (5)
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conditions:
A. Prior to the development ofthe project, the Applicant shall:
1. Request and receive approval for a parking reduction pursuant to
the requirements of Section 31.90, Interim Off-Street Parking Reductions
in the C2 Central Business District Zone.
2. Prepare story poles, balloons or other mechanism to allow the
Planning Commission to view the height impacts of the proposed three-
story building prior to hearing the Architectural & Site Review
application.
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Resolution 2004-67
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061504-04706089
3. Complete tne Condition;11 {Jse Permit 8pproval process for 12
residential units.
4. Complete the Architecture & Site Review approval process for the
historic neighborhood-combining district.
B. The Applicant shall be required to obtain, pnor to submittal of the
Conditional Use Permit and Architectural & Site Review, Staff
Recommendation for parking reductions pursuant to the requirements of
Section 31.90, Interim Off-Street Parking Reductions in the C2 Central
Business District Zone.
C. The Applicant shall comply with Section 50.62 ofthe Zoning Ordinance as it
applies to Affordable Housing Exempt units and with RDO Affordable
Housing Exemption Procedures, which is attached hereto as part of the Staff
Report, and shall enter into an Affordable Housing Agreement with the City.
D. The Applicant shall obtain approvals for a Conditional Use Permit and
Architectural & Site Review and such other City approvals as may be
necessary.
E. The Applicant shall obtain all Approvals within two (2) years from the date
of Affordable Housing Exemption approval, otherwise the Affordable
Housing Exemption approval shall be deemed automatically revoked. Upon
application prior to the expiration of the approval and for good cause shown,
the Planning Division Manager may grant an extension of time not to exceed
one year.
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Resolution 2004-67
PASSED AND ADOPTED this 21 st day of June, 2004 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
~2
! -I?~C\.. ~
Rhonda Pellin, City Clerk
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CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, and VELASCO
NONE
PINHEIRO
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Resolution 2004-67
EXHIBIT A
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Cit)' of Gilro)'
Community Development Department
Planning Division
7351 Rosanna St.
Gilroy, CA
(408) 846-0440
Affordable Housing Exemption
May 20, 2004
Fll..E NUMBER:
APPLICANT:
,
LOCATION:
STAFF PLANNER:
ABE 04-01 (04030037).
Bertolooe Building / Mike Bertolone (408) 847-2239
7433 Monterey Street
Gregg Polubinsky, gpolubinsky@Ci.gilroy.ca.us
REOUESTED ACTION:
Affordable Housing Exemption request to allocate 16 residential units in a mixed use project on a 0.16
acre (7,147 square feet) property zoned C2.
DESCRIPTION OF PROPERTY:
Parcel Number:
Parcel Size:
Flood Zone:
799-11-031
0.16 Acres, (7,216 square feet)
"X", Panel #060340 0002D, 8/17/98
STATUS OF PROPERTY:
Existing Land Use General Plan Designation
Undeveloped lot/URM building Downtown Commercial
Zoning
C2-HN
STA TUS OF SURROUNDING PROPERTIES:
North:
East:
South:
West:
Existing Land Use
Commercial
Commercial.
Commercial
'Undeveloped
General Plan Designation
Downtown Commercial
Downtown Commercial
Downtown Commercial
Downtown Commercial
Zoning
C2-HN
C2-HN
C2-HN
Cl
AHE 04-01
2
May 20, 2004
CONFORMANCE OF REQUEST WITH THE 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 Documen(
ENVlRON1\jlENT AL IMPACTS:
The review and approval of this application exempts the Applicant from the ROO Ordinance and because
there is no resulting entitlement for residential development being granted, the City's action does not
constitute "approval ofa Project" for purposes ofCEQA review. Future CEQA review is assured upon
submittalof.a Tentative Map Application where the action would then be a "Project."
STATUS OF AFFORDABLE HOUSJNG ,EXEMPT UNITS:
).- See Attachment #1, RDO Exempt from Competition, 2004-2013.
).- See Attachment #2, RDO Numerical Growth Limits, 2004-2013
,
ANALYSIS OF REQUEST:
,
The App,~c~t .is requesting an Affordable Housing Exemption allocation for 16 residential. Affordable
Housingpr,()l'~cts must meet the standards established by the "RDO Afford,able Housing Exemption
Procedure" khich is attached and made a condition of approval. The project must be 75 units or less in
size and it mu~tbe specifically determined that ~he project would substantially benefit the City, and would
not create,~ignificant negative impacts to public facilities or to providers of public services in the
community, or to, the Gilroy Unified School District.
CRITERlA(See attachment #3. Residential Develooment Ordinance Section 50.62):
The following elements should be used in determining whether to gTant this exemption:
a. The number of exempt units which have already been granted during the current RDO cycle, and
the n~mber of years left in the cycle:
This lis the first request of Affordable Housing units (see attachment #1 and #2) for the 2004
through 2013 period.
b. The affordabi/ity of the project:
The Applicant is required to meet the following affordability requirements:
. At least 40% of the units (7 units) must be affordable to households earning 500/0 to 60%
of the median income for Santa Clara County.
. At least 30% of the units (5 units) must be affordable to households earning up to 100% of
the median income for Santa Clara County.
. Not more than 300/0 of the units (4 units) should be affordable to households earning 100%
to 120% of the median income of Santa Clara County
c. The need for the types of units which are proposed;
There is a need for affordable living units within the City. These units downtown will be easily
accessible to Caltrain and other VT A transportation routes as well as core downtown businesses
AHE 04-01
3
May 20, 2004
,
d. The number of affordable housing projects constructed or proposed within the'projecl vicinity;
There is one proposed Affordable Housing project of 9. units 4 blocks to the south at 7031
Monterey Street. There are two existing Affordable Housing projects; seven units at 7257
Monterey Street and 2 units at 7430 Monterey Street.
e. The ~j-)lersity of unit type and architectural styles which are proposed in the entire development;
and
This. project proposes to construct an urban, storefront fa~ade with sixteen 2nd and 3rd floor
apartment units: Each apartment has an open living room and kitchen with one bedroom and one
bathroom. Average apartment size is 550 square feet.
f The site design and proposed building elevations.
Project Specifications include:
~ Two of the three parcels are currently undeveloped, the third parcel has an unreinforced
masonry building which will be demolished.
~. ' The new building occupies the entire site with no room for parking.
~ The building will provide a pedestrian pass-through to Gourmet Alley and the Parking District
i . parking "lots between Gourmet Alley and Eigelberry Street. On either side of the pedestrian
I ' p~'ss-through will be retail store space. , .
~ :I1he fi:t>nt facade will have openings to the street on each floor .and .the materials will
complement downtown buildings with concrete plaster', and brick accents.
.), ,;Ea~h floor has an open air corridor connecting the apartments to a stairway and to an elevator.
Project Strengths:
The following characteristics of this project were considered to be strengths when evaluating this
application:
~ This is' a recombination of three small and oddly shaped parcels on Monterey Street in the Central
District Commercial (C2) zoning district. The site design is uniquely creative in that it removes an
~ masomy building and constructs a three-story urban fa~de facing Monterey Street.
Ther~ will be retail store spaces on the first floor on either side of the pedestrian pass-through.
Prior To Development, The Applicant Will Be Required to:
1) Request and receive approval for a parking reduction per the requirements of Section 31.90, Interim
Off-Street Parking Reductions in the C2 Central Business District Zone
2) Prepare story poles, balloons or other mechanism whereby the Planning Commission can view the
height impacts of the new three-story building prior to hearing the Architectural & Site Review
application.
3) Complete a Conditional Use Permit request for 16 residential units.e4) Complete Architecture & Site Review approval for the historic neighborhood combining district.
AHE 04-01
4
May 20, 2004
RECOMMENDA TION
Staff recommends that the Planning Commission forward a recommendation of APPROVAL to the
City Council for sixteen Affordable Housing Exemption units. Staff further recommends that the
following items be listed as part of the approval of the project: ,,"
1. No Staff Recommendation has yet been made for parking reductions. The Applicant will be
required prior to submittal of the Conditional Use Permit and Architectural & Site Review to
obtain a StaffRecornmendation per the requirements of Section 31.90, Interim Off-Street Parking
Reductions in the C2 Central Business District Zone.
2. The.Applicant shall comply with Section 50.62 of the Zoning Ordinance as it applies to
Affordable Housing Exempt units and with "RDO Affordable Housing Exemption Procedures."
3. The Applicant shall. obtain approvals for Conditional Use Permit and Architectural & Site Review
and such other City approvals as may be necessary.
4. Time Limits. The Applica;nt must obtain all Approvals within two (2) year from the date of any
Affordable Housing exemption approval, otherwise the Affordable Housing exemption approval
shall be deemed. automatically revoked. Upon application prior to the expiration of the approval
and for good cause shown, the Planning Division Manager may grant an extension of time
ilIiam F aus,
Planning Division Manager
bfaus@ci.gilroy.ca.us
l~DO
A TTAClll\lENT #)
EXElytP'T' FROM COlv1PE1'"'Il"'ION
2004-2013
Adopted by the City Council on July 16, 200] [amended on September 3, 2002 J
Targe! for l11<lrkel driven housing:
Tilrget for exempt housing:
2.550 -units
Tuesday, May 18,2004
900 units ",
-----------------------------------------
------------------------------------------
1 O-year (2004-2013) Gro\\ih Lirnil:
:}.450 unit;;:;
* Specific tan.!{~ts for cxcmnt housill2:
"affordilble'. , 530 units
"senior housing" 120 units
"affordilb1c senior'. ] 00 units
"sl1mll projects" 1 50 units [**]
[individuals 62 and over]
lindividuals 02 and oYer]
[12 units or less]
"Afford a ble" (AHE)
File # A licant
AHE 04-0] Mike Bertolone
Units Re uested
]6
AHE 04-02
Shirley Lulevitt
8
Location
7433 Monterey
Street
7031
Street
Status
In Process
Monterey In Process
Remaining Units
'", 506
"S
H
"
enlor OUSID2
File # ADDlicant Units Requested Location' Status
SHE 02-01 Village Gieen 39 Hecker Pass &
Santa Teresa Granted
SHE 02-Q2 John Kent 24 Cypress Court Granted
SHE 03-0] Salvatore Oliveri 44 Monterev Road In Process
Npmber' of Units 107
in Process
Remaining Units 13
"Affordable Senior"
File # A licant
Units Re uested
Location
Status
Remaining Units
100
G:\COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004-2013].doc
ATTACIIMENT #1
"SlnaIP' (SPE' I
I
File # Applicant Units Requested Location Status
SPE 03-02 Delcurto 1 (13 requested, 12 8895 Kern Avenue Approved
Group from 2003)
SPE 03-03 James Suner 16 240 Farrell Ave. Approved
SPE 03-04 \ \ , Don 12 Mesa Road Approved
Thompson
SPE 03-05 Rancho 16 W of Sadler Dr. at Approved
Meadows terminus of Sprigway
Gerry ,
DeY oung ..
SPE 03-06 Camino 17 Terminus of Rodeo Approved
Enterprise Dr.
SPE 03-07 N.P. 5 8810 Kern Avenue Approved
, ' Mussallem
SPE 03-09 N.P. 7 7861 & 7891 Miller Under Review
" Mussallem Avenue
SPE 03-11 .' \:. The James 12 6555 Monterey Rd. Under Review
"d: i Group
SPE 04-01' I ' \ The James 14 NW c/o MiUer Ave Under Review
,
, , Group & Th0mas Road
SPE 04-02': . , Lewis St. 12 SE corner Lewis & Approved
:
Partners Monterey
7589 Monterev
SPE 04-03 The James 5 Lone Oak Court Under Review
, ,
Group
SPE 04-04 The James 14 Thomas Road and Under Review
Group Santa Teresa Blvd.
SPE 04-05 i GUSD 9 Wren Ave at Vickery Under Review
SPE 04-06 I Chappell 10 West of Mesa Ridge Under Review
Development
NlImb,..~r Units ISQ ,
in PrOms
Remaining Units 0
G:\COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004-2013].doc
A l'TACIIMENT #2
,
P_".... D.',"'-'"O.' n':.lit1.,ft~..t'~.:'.r.JIOn-.l' I':.~.O' "". W' 'Tll II!m' ITS
ii, u iH.j~ ....., "t " . ~ Ii\ . 0 ", r "
tOO4J.iO I S
Adopted by the City Council on July 16, 2001
[ amended on September 3, 2002 ]
Tuesday, May 18,2004
Target fO,r market driven housing:
Target for exempt housing:
2,550 units
900 units *
------------------------------------------
------------------------------------------
, '
10-yea~'(2004-2013)Growth Limit:
3,450 units
5-year, (~q04~2008) growth limit:, 1,380
'" Specifi~ tar2ets for exempt bousin2:
"affordable"
"senior housing"
"affordable senior"
"small projects"
530 units
120 units
1 00 units
150 units [**)
[individuals 62 and over]
[individuals 62 and over]
[12 units or less]
Total:
900 units
[**) The first 100 units cannot be considered for re-al/ocation until the end of the 1 O-year cycle (2004-2013), and the
remaining 50 units cannot be re-al/ocated under any conditions.
Buildout ear
RDO Limit:
2001 allocations
RD 94-01 *
2004
326
276
50
2005
410
360
50
2006
315
315
2010
240
202
2007
166
166
2008
202
202
2009
240
202
2011
240
202
2012
241
203
2013
170
131
Totals
2,550
2,259
100
· Allocated to ShapeU's Eagle Ridge development. an action taken by the City Council during the J 994 ROO competition.
G:\COMDEVIRDO docs\RDO Status RepOrts\RDO Numerical Growth Lirnit,s [2004-2013] big picture. doc
A l'TACHl\1ENT #3
Section 50.62
Application of Ordinance
, '
(a) The provisions of this Residential Development Ordinance shall apply to all residential
development projects proposed to be constructed within the City of Gilroy, except for those
residential development projects specifically listed as exempt in paragraph (b) following. .
(b) The following types of residential projects are exempted from the provisions of this Residential
Development Ordinance, except that projects specifically exempted under Subparagraphs (1),
(3), (4), and (5) below shall be tabulated in housing goals as described in Section 50. 63(a). A
project may not qualify for more than one of the following exemptions.
(4) A project which meets the standards established by the "Policy Statement for Exempting
Affordable Private Development Proposals from the ROO" is exempt if the project consists of
seventy-five (75) units or less and the project is specifically approved for exemption by the City .
,Council. Such projects may not be immediately adjacent to another project exempted under
s~bsection (3) .or (4) of this Section within the previous three (3) years except where the' City
, . C~uncil approves a sp~cific exemption.
'th~ City Council shall grant a~ exemption under this' subsection only if the City Council
,de,ermines 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 also consider the following e'ements in
, detetmining whether to grant this exemption: '
a. The number of exempt unit; which have already been granted during the current ROO
cycle, and the number of years left in the cycle;
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.
All requests for an exemption under this subsection shall be processed through an Affordable
Housing Exemption from RDO application. Public hearings before the Planning Commission
and City Council shall be held to consider this application.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-67 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
21st day of June, 2004, 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, 2004.
() ? · A-~~'
~~ityOfGilrOY
(Seal)