Resolution 2005-38RESOLUTION NO. 2005-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING M 03 -01, AN APPLICATION FOR
APPROVAL OF THE CITY OF GILROY NEIGHBORHOOD
DISTRICT POLICY TO IMPLEMENT THE GOALS OF THE
NEIGHBORHOOD DISTRICT GENERAL PLAN LAND USE
DESIGNATION.
WHEREAS, the City of Gilroy, the applicant, submitted M 03 -01, an application for approval
of the City of Gilroy Neighborhood District Policy, attached hereto as Exhibit "A ", to implement the
goals of the Neighborhood District General Plan land use designation; and
WHEREAS, the City Council appointed a Neighborhood District Task Force composed of 12
persons representing a wide range of interests, who drafted the Neighborhood District Policy through
a public meeting process from April 2003 through November 2004; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council on June 13, 2002, by Resolution No. 2002 -41 certified an Final Environmental Impact
Report (Final EIR) in connection with General Plan update application GPA 99 -01 that applies to
this project, the City Council finding that (a) the Final EIR was completed in compliance with
CEQA; (b) the Final EIR was presented to the City Council and the City Council reviewed and
considered the information contained in the Final EIR prior to approving the project; and (c) the
Final EIR reflects the independent judgment and analysis of the City; and
WHEREAS, the City Council, also by Resolution 2002 -41, made findings for each
significant environmental impact and adopted a Statement of Overriding Considerations in
connection with this project regarding the unavoidable impacts and the anticipated benefits of the
project, and adopted the mitigation measures in the Final EIR and a Mitigation Monitoring
Program; and
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Resolution No. 2005 -38
WHEREAS, the Planning Commission and City Council held a joint study session to review
the Neighborhood District Policy on January 24, 2005, and the Planning Commission held a duly
noticed public hearing on April 7, 2005, at which time the Planning Commission considered the
public testimony, the staff report dated April 1, 2005 ( "Staff Report"), and all other documentation
related to application M 03 -01 and recommended that the City Council approve said application; and
WHEREAS, the City Council held study sessions on February 22, 2005, and May 2, 2005,
and a duly noticed public hearing on June 6, 2005, at which time the City Council considered the
public testimony, the Staff Report and follow -up staff reports dated April 26, 2005, and May 31,
2005, and all other documentation related to application M 03 -01; 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:
The Neighborhood District Policy, M 03 -01, attached hereto as Exhibit "A ", should be and
hereby is approved.
SECTION 11
This Resolution shall become effective and approval of Z 05 -04 is granted if, and only if,
Ordinance No. 2005 -17 approving Z 05 -04 becomes effective, and on the same date said
Ordinance becomes effective. If said Ordinance does not take effect, then M 03 -01, without any
further action required by the City Council, is denied.
PASSED AND ADOPTED this 13th day of June, 2005, by the following vote:
AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
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Resolution No. 2005 -38
ABSENT: COUNCILMEMBERS: VELASCO
APPROVED:
inh iro, Mayor
ATT
Rhon a Pellin, City Clerk
IGB01660698.1
060705 -04706089 Resolution No. 2005 -38
NEIGIMORHOOD- DISTRI
POLICY
City of Gilroy
Adopted by the City Council on June 13, 2005
SECTION 1.0 Purpose
This policy is intended to provide guidance in developing comprehensive plans for properties
designated as Neighborhood District on the City's General Plan and to ensure that Neighborhood
District developments meet General Plan Housing Element objectives. The purpose of
Neighborhood Districts is to create neighborhoods that are attractive, safe, diverse, and healthy,
containing housing that is affordable to a variety of income groups, thereby enhancing the quality
of life for all Gilroy residents. Through the Neighborhood District General Plan designation, the
City hopes to promote a more integrative, comprehensive, and creative approach to neighborhood
planning. Specifically, through the Neighborhood District, the General Plan aims to:
► Create neighborhoods that are predominantly single family in character, but which
integrate different types and prices of housing to meet the full range of housing needs.
► Ensure that the City's affordable housing goals and objectives are met.
► Encourage innovative site and building designs that contribute to the overall
attractiveness and livability of Gilroy.
► Promote walking, biking, and public transit as alternative modes of transportation.
► Integrate neighborhood - serving facilities and amenities such as schools, parks, and
community gathering places to meet residents' needs, promote a sense of community,
and provide for a high quality of life.
► Encourage the creation of neighborhood- serving commercial centers that are within
walking distance of residential neighborhoods and which are sited and designed to
protect the neighborhood's character and residential quality.
► Encourage residential neighborhood designs that reduce traffic speeds and volumes
and control noise.
EXHIBIT A
Neighborhood District Policy 2 6/13/05
SECTION 2.0: Geographic Location and Description of Neighborhood Districts
Intent. The intent of this section is to set forth a definitive description of the parameters of each
Neighborhood District_
The City Council approved five Neighborhood Districts, described as follows (see attached
maps):
Glen Loma Ranch Specific Plan: located in the Southwest quadrant of the City, 367 acres
and 7 parcels
40 Luchessa Avenue and Thomas Road West: 180 acres and 10 parcels
40 Luchessa Avenue and Thomas Road East: 28 acres and 4 parcels
0 North- central Gilroy, south of the Buena Vista Avenue extension: 366 acres and 136 parcels
Rancho 101 (North- central Gilroy, north of Buena Vista Avenue extension): 436 acres and
24 parcels
SECTION 3.0: Implementation of Neighborhood District Zoning Designation
Intent. The intent of this section is to guide implementation of the Neighborhood Districts.
Section 3.1 Implementation of Zoning Designation
The Task Force recommends creating a Neighborhood District overlay zone through the zone
change process and providing incentives for implementation of Neighborhood District
principles.
10,614: 11 no] IMA
Neighborhood District Policy 3 6/13/05
Section 3.2 Master Plans and Specific Plans
Each Neighborhood District proponent shall prepare a master plan or a specific plan prior to
processing any development applications. The- master plan -0r- specific-plan -far each
Neighborhood District shall incorporate the guiding policies and implementation actions
discussed in this policy document. The City Council shall establish advisory committees to
provide input into the development of the master or specific plan for each Neighborhood
District. Committee members should consist of one City Council representative and one
Planning Commission representative, two property owners within the Neighborhood District
plan area under consideration, two property owners or neighbors adjacent to the
Neighborhood District plan area under consideration, one affordable housing advocate, one
Gilroy Unified School District representatives, one Parks and Recreation Commission
representatives, and one member of the public at large. The advisory committee shall
provide input into the development of the master plan or specific plan by participating in the
development of the plan and ensuring that the proposed plan complies with the intent of this
policy.
The Task Force recommends that the City Council accept the efforts put forth by the Glen
Loma Ranch Liaison Committee as full satisfaction of the advisory committee requirement
for the Glen Loma Ranch Neighborhood District. However, in the event that the Glen Loma
Ranch Specific Plan is not approved by the City Council by December 31, 2007, the City
Council shall determine whether a new advisory committee will be established to review this
Specific Plan.
Neighborhood District- designated properties within the City's Urban Service Area may
develop prior to preparation of a specific plan or master plan under the following
circumstances:
a. The proposed development is consistent with the requirements of this Policy;
b. The property is in the Urban Service Area at the date the City Council adopts the
Neighborhood District Policy; and
c. The proposed development is designed so that it will become an integral part of the
Neighborhood District it is a part of.
d. The proposed development shall be required to process its own Master or Specific
Plan, per City policy.
Section 3.2.1 Development Agreements
Property owners within each Neighborhood District Master Plan or Specific Plan
shall enter into a development agreement with the City.
EXHIBIT A
Neighborhood District Policy 4 6/13/05
SECTION 4.0: Relationship of the Neighborhood District to the Residential Development
(RDO) Process
Intent. The intent of this section is to set policies that clarify- the - relationship between development
of Neighborhood Districts and the RDO process.
The Task force recommends that the City Council adopt a policy targeting full Residential
Development build -out to Neighborhood District master and specific plans that fully implement
Neighborhood District principles and that compete favorably in the Residential Development
Ordinance process (see section 13.0, policy 1).
Section 4.1: Neighborhood District Phasing
Neighborhood District proponents shall develop phasing plans and submit them concurrently
with their RDO application. Neighborhood District developments should be phased so that
each phase creates a neighborhood that is substantially consistent with the Neighborhood
District density requirements. Phasing plans should incorporate the Neighborhood District
density goals and design standards throughout each phase. Specifically, phasing plans should
include the integration of higher density units throughout the plan area, and each phase
should reflect the densities planned for the overall Neighborhood District area.
Neighborhood District proponents shall have approved development agreements that specify
the timing of each phase's development. Alternatively, the Specific Plan or Master Plan may
specify phasing schedules.
Section 4.2 Residential Development Allocations outside of the RDO Competition
Zoning Ordinance section 50.63 (c) (2), Special Exceptions, allows the City Council to
approve RDO allocations at any time to Specific Plans and Master Plans that need additional
dwelling units to accomplish the goals and vision of the General Plan. Neighborhood
District developments that meet the following criteria might be eligible to receive Residential
Development allocations outside of the RDO competition, subject to City Council approval:
A. The requested units shall be identified in the approved Neighborhood District Specific
Plan or Master Plan.
B. Neighborhood District proponents shall have received Residential Development
allocations prior to or concurrent with the request for units outside of the Residential
Development competition.
C. Neighborhood District proponents requesting units outside of the Residential
Development competition shall meet or exceed the target densities set forth in section
8.1 of this document.
EXHIBIT A
Neighborhood District Policy 5 6/13/05
D. Neighborhood District proponents requesting units outside of the Residential
Development competition shall sell or rent at least twenty percent (20 %) of the units
approved outside of the Residential Development competition at affordable prices in
compliance -with the standards- set - €ort# -in- the- -City's RDO Affordable housing_
Exemption Procedure document.
SECTION 5.0: Location of Commercial Uses within the Neighborhood District
Intent. The intent of this section is to set guidelines for locating and developing commercial uses
within Neighborhood Districts.
Neighborhood District master and specific plans should reserve land at prominent intersections for
commercial uses, while acknowledging that properties may need to revert to residential uses if
commercial development is infeasible. Neighborhood District master and specific plans should
include flexible zoning that allows either commercial or residential development at these
intersections.
Each Neighborhood District master or specific plans should establish criteria for siting commercial
uses that includes the following elements:
► Encouragement of Local- serving commercial uses such as small offices and retail uses
► Mixed commercial / residential developments
► Encouragement of parking lots located in the rear of buildings
► Criteria designed to minimize land use conflicts between commercial and residential
developments
► Triggers that indicate when Neighborhood Districts developments should establish
commercial development.
SECTION 6.0: Relationship of Neighborhood Districts to Existing, Surrounding
Neighborhoods
Intent. The intent of this section is to ensure that the design and density of Neighborhood Districts
respect the context of developed land adjacent to them.
The density and design of each Neighborhood District should be sensitive to the context of existing,
surrounding neighborhoods. Specifically, Neighborhood District master and specific plans should
consider the relationship of the following elements to existing neighborhoods:
► Density
► Home design
► Lot sizes
► Street layouts
EXHIBIT A
Neighborhood District Policy 6 6/13/05
Each Neighborhood District master or specific plan shall also provide a transition from the existing
neighborhoods to the higher density and commercial uses contained within the Neighborhood
District.
SECTION 7.0: Neighborhood District Design
Intent: The intent of this section is to set forth guidelines for the design of Neighborhood Districts.
Section 7.1: Architectural Design Guidelines
Each Specific or Master Plan shall establish architectural design guidelines that include the
following elements:
► Building mass & scale (Floor Area Ratio)
► Consistency of style and materials
► Architectural variety and interest
► Street orientation (residential units should be oriented to encourage neighborhood
interaction)
Section 7.2: Neighborhood Circulation
Each Neighborhood District master or specific plan shall establish neighborhood circulation
criteria that include the following elements:
► Traffic Management
► Bicycle & Pedestrian circulation
► Inter- and infra- neighborhood access (streets should be interconnected to allow easy
access between neighborhoods)
► Alleys (used to de- emphasize garages)
► Transit (Neighborhood Districts should be designed to allow easy access to transit)
► Sidewalks throughout each Neighborhood District
Section 7.3: Site Planning and Design
Each Neighborhood District master or specific plan shall establish Site Planning and
Design criteria that address the following elements:
► Community Gathering Places
► Street Trees (Neighborhood Districts should encourage landscape buffers adjacent to
major streets)
► Integration of outdoor recreational uses with natural habitats such as creeks
► Resource & Habitat Protection
► Natural Features
► Avoidance of Hazardous Areas (e.g. flood plains, faults)
EXHIBIT A
Neighborhood District Policy 7 6/13/05
► Traditional non - residential uses such as parks, schools, daycare centers, and places of
worship
► Sidewalks
Section 7.4: Neighborhood Open Spaces
Neighborhood District master and specific plans shall set minimum standards for recreational
areas and require a focal point recreational area in each neighborhood. The Specific Plan or
Master Plan should address the following elements:
► Passive versus active open space areas: This element is intended to ensure that each
Neighborhood District plan provides adequate outdoor recreational opportunities for
future residents.
► Minimum requirements for open space in multi- family and high - density areas: This
element is intended to ensure that multi - family projects contain adequate on -site
recreational opportunities.
► Design criteria for development adjacent to Santa Clara Valley Water District channels:
Each Neighborhood District plan should set forth design criteria to guide development
adjacent to Water District channels. At a minimum, these criteria should restrict
placement of residential units directly adjacent to a channel, in favor of placing
roadways, parking lots, and open space adjacent to the channels.
► Treatment of open space set aside for habitat preservation: This element is intended to
require each Neighborhood District plan to address maintenance and preservation of open
space areas.
► Provision of parks in accordance with the Parks & Recreation Master Plan
Neighborhood District proponents should consider using landscaping and lighting
districts and homeowners' associations to maintain privately owned open space.
EXHIBIT A
Neighborhood District Policy 8 6/13/05
SECTION 8.0: Neighborhood District Densities
Intent. The intent of this section is to ensure that Neighborhood District master and specific plans
meet minimum density requirements, and to encourage .proponents to _meet target density_
requirements. Further, this section intends to ensure that Neighborhood District master and specific
plans mix housing of different densities, integrating them throughout the Neighborhood District, and
that development of each Neighborhood District considers the densities of existing, surrounding
neighborhoods as discussed in Section 6 of this policy.
Section 8.1 Density Requirements
Minimum Densities
The minimum densities for residential land use in the Neighborhood District (excluding land
required for streets, schools, parks, resource protection, neighborhood commercial, or other
infrastructure and/or amenities) shall be at least:
► 5 percent at a density of 7.25 to 9 units /acre
► 10 percent at a density of 9 to 16 units /acre
► 3 percent at a density of 16 to 30 units /acre
A maximum of eighty -two percent (82 %) of each Neighborhood District may be constructed
at a density of 7.25 units per acre or less.
Target Densities
The target mix for residential land uses in the Neighborhood District (excluding land
required for streets, schools, parks, resource protection, neighborhood commercial, or other
infrastructure and/or amenities) shall provide for at least:
► 10 percent at a density of 7.25 to 9 units /acre
► 15 percent at a density of 9 to 16 units /acre
► 5 percent at a density of 16 to 30 units/acre
Section 8.2: Incentives for Achieving Target Densities
The following incentives may apply to Neighborhood District projects that meet the above -
described Target Densities, at the discretion of the City Council:
► Projects reaching Target Densities may receive full buildout
► Projects reaching Target Densities may receive additional points in the RDO
competition.
► Projects reaching Target Densities may receive earlier RDO build -out assignments
and shorter build -out periods than projects that do not meet Target Densities.
► Specific and Master Plan projects reaching Target Densities may be eligible to receive
Residential Development allocations outside of the RDO competition process, as
specified by Zoning Ordinance section 50.63 (c) 2.
EXHIBIT A
Neighborhood District Policy 9 6/13/05
Section 8.3: Housing Diversity
Neighborhood District master and specific plans shall mix housing of different densities
together, integrating them throughout the - Neighborliood- District—Neighborhood District
master and specific plans shall establish targets for housing diversity, as well as a maximum
percentage of total dwelling units of any type that may be constructed in a single
neighborhood. The percentages should attempt to balance diversity of design with the need
to preserve construction economies of scale and expeditious build -out.
SECTION 9.0: Existing, Non - conforming Uses and Properties
Intent. The intent of this section is to allow single-family uses to remain until the property is ready
to be developed to Neighborhood District standards.
Any use lawfully occupying a building or land at the time the Neighborhood District zoning overlay
is established that does not conform to Neighborhood District regulations shall be deemed a non-
conforming use. The use may continue until the property develops, at which time it must develop in
compliance with Neighborhood District requirements. Nothing in this section shall preclude the
continued use of or expansion of single - family residences, provided they remain in use as single -
family residences. All existing, non - conforming properties shall develop in accordance with the
approved Specific Plan or Master Plan, and shall lose their existing, non - conforming status when
they develop.
SECTION 10.0: Public Participation
Intent. The intent of this section is to ensure that the public has an opportunity to participate in the
Specific Plan or Master Plan planning process.
Specific Plans or Master Plans shall set standards for public meetings and public participation in
each individual Neighborhood District's planning process. Informal public meetings should be held
at the commencement of project planning, and a minimum of once a year during the planning
process.
EXHIBIT A
Neighborhood District Policy 10 6/13/05
SECTION 11.0: Development of Affordable Housing
Intent: The intent of this section is to ensure that Neighborhood District developments serve all
economic segments of Gilroy's population, and that Neighborhood District designs incorporate
the goals of the General Plan Housing Element.
Section 11.1: Definition of Affordable Housing
Neighborhood District master and specific plans shall encourage the production of affordable
housing. Affordable housing is defined as set forth in the City's RDO Affordable Housing
Exemption Procedure document.
Section 11.2: Affordable Housing Required
Each Neighborhood District development shall construct a minimum of fifteen percent (15 %)
of its units at affordable prices, as defined in the City's RDO Affordable Housing Exemption
Procedure document. Affordable housing units shall be integrated throughout the Master
Plan or Specific Plan area, rather than clustered in affordable housing pockets.
Section 11.3: Incentives for Constructing Affordable Housing
Neighborhood District proponents shall receive the following benefits for constructing 15%
or more of their units at affordable housing levels, as defined in the City's RDO Affordable
Housing Exemption Procedure:
► Neighborhood District proponents constructing affordable housing shall receive
additional points in the RDO competition. A higher number of points will be awarded to
projects with higher percentages of affordable units.
► Density bonuses
► Reduction in City development standards (e.g. zero -lot line developments, clustered
housing on smaller lots, and smaller unit sizes)
► Reduction in road widths
Section 11.4: Affordable Housing Types
To achieve affordable housing levels, Neighborhood District plans should encourage
construction of the following housing types:
► Condominiums, town houses, and duettes
► Apartment houses and duplexes
► High quality pre - manufactured homes, subject to approval through the Planned Unit
Development Architectural & Site Review process.
EXHIBIT A
Neighborhood District Policy 11 6/13/05
Section 11.5 Timely Construction of Affordable Housing
Affordable housing units shall be constructed in a timely manner. The affordable housing
component -of each phaseof-construction shall be completedprior to beginning development
of future phases.
SECTION 12.0: Development of Accessory Dwelling Units
Intent. The intent of this section is to ensure that Neighborhood District master and specific plans
encourage the production of accessory dwelling units.
Neighborhood District master and specific plans should include a plan to encourage accessory
dwelling units, and should include standards for development of those units.
SECTION 13.0: Neighborhood District Policies
1. The City Council should allocate full Residential Development build -out to
Neighborhood District proponents that fully implement Neighborhood District principles.
Neighborhood District proponents may apply for Residential Development Ordinance
(RDO) exempt units, but must construct the units in compliance with Neighborhood
District requirements.
2. Encourage parking for commercial establishments located within Neighborhood Districts
to locate in the rear of commercial parcels, so that it cannot be viewed from the street.
3. Neighborhood District proponents should reserve land at prominent intersections for
commercial uses. However, the properties may revert to residential uses if the property
remains undeveloped after good faith efforts to develop them commercially over a
specified period of time. Neighborhood Districts should include flexible zoning that
allows either commercial or residential development at these intersections.
4. Neighborhood District master and specific plans should encourage the production of
adaptable units for people with disabilities, affordable units for large families, and units
for families with special needs, in compliance with General Plan Housing Element
policies 11.0 1, 11.02, and 11.03 and State housing law.
5. Neighborhood Districts master and specific plans should encourage the production of
residential care facilities for seniors.
EXHIBIT A
Neighborhood District Policy 12 6/13/05
6. Neighborhood District master and specific plans shall set targets for development of
commercial areas and create policies encouraging mixed -use development.
Neighborhood Districts master and specific plans shall also establish a maximum number
of- homogenous dwelling units that maybe constructed in a single neighborhec�as well
as a maximum number to total dwelling units of any type that may be constructed in a
single neighborhood. The numbers should attempt to balance diversity of design with the
need to preserve construction economies of scale and expeditious build -out.
7. The Task Force recommends that the City Council create a new pool of RDO- exempt
units for disabled- accessible homes.
8. The Task Force recommends that the City Council revise the RDO Rating Scale to allow
additional points for Neighborhood District developments that achieve Target Densities
9. The Task Force recommends that the City Council revise the RDO Rating Scale to
allow additional points for Neighborhood District projects that construct at least 15%
of their units at affordable levels, as defined by the City's RDO Affordable Housing
Exemption Procedure.
10. The Task Force recommends that the City Council hold pre -RDO meetings to determine
which Neighborhood District areas will receive priority for build out. The Council
should determine priority based on: infrastructure availability, proximity to existing City
services and the Urban Service Area, readiness to develop, availability of fire and police
services, impacts on parks and recreation facilities, the cost of serving the project, and the
project's benefits to the residents of Gilroy.
11. The Task Force recommends that the City Council accept the efforts put forth by the
Glen Loma Ranch Liaison Committee as full satisfaction of the advisory committee
requirement for the Glen Loma Ranch Neighborhood District. However, in the event that
the Glen Loma Ranch Specific Plan is not approved by the City Council by December 31,
2007, the City Council shall determine whether a new advisory committee will be
established to review this Specific Plan.
EXHIBIT A
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -38 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
13th day of June, 2005, 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 28th day of June, 2005.
City Clerk of the City of Gilroy
(Seal)