Resolution 2005-50RESOLUTION NO. 2005 -50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AHE 05 -01, AN APPLICATION FOR AN
AFFORDABLE HOUSING PROJECT EXEMPTION FROM THE
RESIDENTIAL DEVELOPMENT ORDINANCE, APNs 841 -04-
026 and 841 -04 -027
WHEREAS, South County Community Building c/o Nancy Wright ( "Applicant ")
submitted AHE 05 -01, requesting an Affordable Housing Exemption from the Residential
Development Ordinance ( "RDO ") to build one hundred and one (101) units on two adjacent
parcels totaling 11.95 acre currently zoned Downtown Commercial /Medium Density Residential
District (CM -R3) located at 111 Lewis Street, APNs 841 -04 -026 and 841 -04 -027; 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 sections
50.62(b)(3) and 50.62(b)(4) and said application was submitted pursuant to 50.62(b)(3) and
50.62(b)(4), the criteria thereof are set forth and fully discussed in the Staff Report dated May
10, 2005 ( "Staff Report"), which is attached hereto as Exhibit A and incorporated by this
reference; and
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Resolution No. 2005 -50
WHEREAS, the Planning Commission reviewed application AHE 05 -01 at a duly
noticed public hearing on May 5, 2005, and recommended that the City Council approve the
project for the construction of one hundred and one (10 1 ) units, and
WHEREAS, the City Council reviewed application AHE 05 -01 and all documents
relating thereto and took oral and written testimony at its duly noticed public hearing of June 6,
2005; 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 follows:
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01 -071205- 04706089
1. The RDO exemption pursuant to 50.62(b)(3) and 50.62(b) (4) limits a project to
75 units per specific housing type. Although the 26 single family units in this
application could be considered as additional to the 75 single family units
exempted by AHE 05 -01, this project as submitted by Applicant has provided 75
units as affordable condominiums and/or townhouses with the remaining 26
units designated as a separate housing type, which is affordable single family
home units. The Zoning Ordinance provides a specific exemption from the 75
unit limitation for units proposed within the three categories of housing types
described as (a) single family homes, (b) condominiums or townhouse
ownership units or (c) rental units.
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Resolution No. 2005 -50
2. The project is hereby granted specific exemptions pursuant to Zoning Ordinance
section 50.62(b)(3) and 50.62(b)(4) from the limitation upon granting
exemptions to the RDO for different housing types.
3. The project complies with Zoning Ordinance section 50.62(b)(3) and 50.62(b)(4)
in that it would substantially benefit the City, and would not create significant
negative impacts to public facilities, to providers of public services in the
community, or to the Gilroy Unified School District. The City Council makes
these findings based on facts as set forth in the record, including the attached
Staff Report.
B. AHE 05 -01 should be and hereby is approved subject to the conditions in the attached Staff
Report, along with three additional conditions, as follows:
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01- 071205 - 04706089
1. The applicant shall be subject to the requirements of the "Affordable Housing
Exemption Procedure for Private Developments" policy.
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.
3. 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,
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Resolution No. 2005 -50
the Planning Division Manager may grant an extension of time not to exceed
one year.
PASSED AND ADOPTED this I Sth day of July, 2005, by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, and VELASCO
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ATTEST -
Rhonda Pellin, City Clerk
\J H\660708.3
01- 071205 - 04706089
-4-
NONE
PINHEIRO
APPR .
Prai artman, May ro Tempore
Resolution No. 2005 -50
EXHIBIT A
May 10, 2005
TO: Jay Baksa, City Administrator
The City Council
FR: Gregg Polubinsky, Planner II, gpolubinsky@ci.gilroy.ca.us
RE: ABE 05 -01, South County Community Builders,
c/o Nancy Wright
At their May 5 meeting, the Planning Commission reviewed the subject
project and recommended the following action:
AHE 05 -01 Recommendation to approve (6 -0 -1)
Commissioner Boe was excused
The following materials are attached:
➢ Staff Report, dated April 28, 2005
➢ Attachment # 1, RDO Exempt From Competition
➢ Attachment #2 RDO Numerical Growth Limits
➢ Site layout and elevation
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May 10, 2005
TO: Jay Baksa, City Administrator
The City Council
FR: Gregg Polubinsky, Planner II, gpolubinsky@ci.gilroy.ca.us
RE: ABE 05 -01, South County Community Builders,
c/o Nancy Wright
At their May 5 meeting, the Planning Commission reviewed the subject
project and recommended the following action:
AHE 05 -01 Recommendation to approve (6 -0 -1)
Commissioner Boe was excused
The following materials are attached:
➢ Staff Report, dated April 28, 2005
➢ Attachment # 1, RDO Exempt From Competition
➢ Attachment #2 RDO Numerical Growth Limits
➢ Site layout and elevation
City of Gilroy
Community Development Department
Planning Division
7351 Rosanna St.
Gilroy, CA
(408) 846 -0440
Affordable Housing Exemption
FILE NUMBER: AHE 05- 01(05020019)
APPLICANT: Gilroy Cannery/ South County Community Builders
Nancy Wright (408) 842 -9181
LOCATION: 111 Lewis Street
STAFF PLANNER: Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us
REOUESTED ACTION:
April 28, 2005
Affordable Housing Exemption request to allocate 101 residential units to a 11.95 acre mixed use
project
DESCRIPTION OF PROPERTY:
Parcel Number: 841 -04 -026 and 027
Parcel Size: 11.95 Acres, (520,542 square feet)
Flood Zone: "X ", Panel #060340 0002D, 8/17/98
STATUS OF PROPERTY:
Existing Land Use General Plan Designation
Warehouse/Brownfield Downtown Commercial/
Medium Density Residential
STATUS OF SURROUNDING PROPERTIES:
Existing Land Use
North: Rebekah's Children's Home
East: Residential
South: Residential/Light Industrial
West: UP Tracks/Retail
General Plan Designation
Medium Density Residential
Low Density Residential
Low Density Residential/
General Services Commercial
Downtown Commercial
Zoning
CM/R3
Zoning
R3
R1
R1 /CM
Cam►
AHE 05 -03 2 ,April 28, 2005
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 Document.
ENVIRONMENTAL BOACTS:
The review and approval of this application exempts the Applicant from the RDO Ordinance and because
there is no resulting entitlement for residential development being granted, the City's action does not
constitute "approval of a Project" for purposes of CEQA review. Future CEQA review is assured upon
•ubmittal of future applications where the action would then be a "Project."
STATUS OF AFFORDABLE HOUSING EXEMPT UNITS:
➢ See Attachment #1, RDO Exempt from Competition, 20042013.
➢ See Attachment #2, RDO Numerical Growth Limits, 2004 -2013
ANALYSIS OF REOUEST:
The Applicant is requesting an Affordable Housing Exemption allocation for 101 multi-family residential
homes. The Cannery Project is an 11.95 acre project comprising 40,000 square feet of office with minor
retail and 206 residential units. The 206 residential units of new development will all be for -sale units.
The units will include six housing styles which include 1) flats, 2) lofts, 3) stacked and 4) side -by -side
townhouses, 5) live/work units and 6) single - family bungalow styled homes. All of the units in this
oroject will be for -sale and will offer an residential ownership opportunity.
This is the fast application of a series of applications which will come before the Planning Commission
and the City Council for the Cannery Project. These future applications include:
➢ Gilroy Cannery Master Plan review and approval
➢ Tentative map review and approval for condominiums and single - family homes.
➢ Architectural & Site review and approval for each phase of the project.
The mixed use buildings just east of the rail line will incorporate both lofts and flats. There will be a
variety of townhouses including livelwork units that provide for a small office or retail space on the first
floor. Finally the single - family residential units will consist primarily of bungalows, the typical style of
home in the existing east -side neighborhood.
The requested 101 affordable housing units will be spread among the following flat, loft and townhouse
residential units proposed for the project which includes:
2- Bedroom flat
48 units
3- Bedroom flat
8 units
2- Bedroom loft
28 units
3- Bedroom loft
34 units
Townhouse
42 units
Stacked townhouses
16 units
AHE 05 -03 3 April 28, 2005
Project Strengths:
The following characteristics of this project were considered to be strengths when evaluating this
application:
➢ The proposed project is an "infill" development,
➢ The project transforms a brownfield site into a vibrant residential and office mixed -use project.
➢ The project brings a large regional office use and other speculative offices into the downtown core
occupying up to 40,000 of the proposed project.
➢ The project brings 6 housing types and 206 housing units into a location that compliments the
downtown and has a prominent connection with transit.
➢ All of the units in this project will be for -sale and will offer an affordable ownership opportunity.
➢ Staff sees this project as setting a standard for the downtown area for master planning and new
development.
➢ Staff believes that this project complements both the existing east -side neighborhood and the
downtown retail district.
CRITERIA (See attachment #3. Residential Development Ordinance Section 50.62):
The following elements should be used 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 cycle;
This is the first request of Affordable Housing units (see attachment #1 and #2) for the 2004
through 2013 period. Two prior requests were closed when market rate units became available
downtown.
b. The affordability of the project;
The Applicant is required to meet the following affordability requirements:
• At least 40% of the units (40 units) must be affordable to households earning 50% to 60%
of the median income for Santa Clara County.
• At least 30% of the units (31 units) must be affordable to households earning up to 100%
of the median income for Santa Clara County.
• Not more than 30% of the units (30 units) should be sold 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 will be close to Caltrain
and other VTA transportation routes. The units will be unique in that they will be scattered among
a much larger project and will be of a variety of housing types.
d. The number of affordable housing projects constructed or proposed within the project vicinity;
There are currently no other housing projects proposed in the downtown or the vicinity of the
downtown. This is the same developer that received regional recognition for the planning and
success of the Los Arroyos project.
ABE 05 -03 4 April 28, 2005
e. The diversity of unit type and architectural styles which are proposed in the entire development,
and
This project proposes to develop multiple buildings within an urban center. There will be b
distinct housing types comprising a total of 206 residential units.
f. The site design and proposed building elevations.
Project Specifications include:
➢ The demolition of warehouse structures and redevelopment of a brownfields site into a vibrant
downtown neighborhood compatible with both the downtown commercial area and the existing
east side neighborhood.
➢ The building project will provide outdoor pedestrian spaces and vehicular streets. Also
proposed is a promenade along the existing water district channels
Please Note:
The site for the Gilroy Cannery Project lies within the Downtown Specific Plan boundary which is
currently under development by the Downtown Specific Plan Task Force. Staff has reviewed this request
with the work that the Downtown Task Force has completed The request is in general compliance with
the Specific Plan progress to date. Staff and the Applicant realize that as the Specific Plan is completed
and approved by City Council there may be modifications to the project design as a result of the
Prior To Development, The Applicant Will Be Required to:
#1. Obtain approval for an additional 105 market rate residential units
#2 Complete Master Plan approval
#3 Complete all necessary Tentative Map reviews.
#4. Complete Architecture & Site Review PUD approval.
RECOMMENDATION
1. Staff recommends that the Planning Commission forward a recommendation of APPROVAL to
the City Council for this request for 101 Affordable Housing Exemption units.
Respectfully,
r 0" 4 ridee,
I
William Faus,
Planning Division Manager
bfaus@ci.gilroy.ca.us
Target for market driven housing: 2,550 units
Target for exempt housing: 900 units
---------------------
10 -year (2004 -2013) Growth Limit: 3,450 units
Specific tareets for exempt housing:
"affordable"
530 units
"senior housing"
120 units
"affordable senior"
100 units
"small projects"
150 units
[individuals 62 and over]
[individuals 62 and over]
[ 12 units or less]
Attnrhmpnt ##1
Wednesday, April 27, 2005
I "downtown" 100 units within the "proposed" Downtown Specific Plan boundary
"Affordable" (AHF)
File #
Applicant
Units Requested
Location
Status
SHE 02 -01
AN48 981486"
46
Hecker Pass &
Santa Teresa
Granted
'e4'83
John Kent
S
Cypress Court
Canceled
AHE 05 -02
Cannery Project
101
111 Lewis Street
Under Review
Remaining Units
429
"Senior Housing"
File #
Applicant
Units Requested
Location
Status
SHE 02 -01
Village Green
39
Hecker Pass &
Santa Teresa
Granted
SHE 02 -02
John Kent
24
Cypress Court
Granted
SHE 03 -01
Nuoo of Units
in Piftesi
Salvatore Oliveri
44
107
Monterey Road
Granted
Remaining Units
13
"Affordable Senior"
File #
Applicant
Units Requested
Location
Status
Remaining Units
100
G: \COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004- 20131.doc
Attachment #1
"Downtowlrf' fallocated only within the ` vrovosed" Downtown Specific Plan boundary]
File #
Applicant
Units Requested
Location
Status
SPE 04 -07
Alfonso Almeida
12
7680 Monterey St.
Approved
SPE 04 -08
Shirley Lullevitt
8
7031 Monterey St.
Approved
SPE 04-09
Michael Bertolone
12
7433 Monterey St.
Approved
Remaining Units
Rancho Meadows
Gerry DeYoung
68
W of Sadler Dr. at
terminus of
Sprigway
Approved
"Small" (SPE)
File #
Applicant
Units Requested
Location
Status
SPE 03 -02
Delcurto Group
1 (13 requested, 12
from 2003)
8895 Kern Avenue
Approved
SPE 03 -03
James Suner
16
240 Farrell Ave.
Approved
SPE 03 -04
Don Thompson
12
Mesa Road
Approved
SPE 03 -05
Rancho Meadows
Gerry DeYoung
16
W of Sadler Dr. at
terminus of
Sprigway
Approved
SPE 03 -06
Camino Enterprise
17
Terminus of Rodeo
Dr.
Approved
SPE 03 -07
N.P. Mussallem
5
8810 Kern Avenue
-Approved
SPFS 99
a
496 o. Boni Millie-
�8
Glesed
SPE 03 -11
The James Group
12
6555 Monterey Rd.
'Approved
SPE 04 -01
The James Group
14
NW c/o Miller Ave
& Thomas Road
Approved
SPE 04 -02
Lewis St. Partners
12
SE corner Lewis &
Monterey
7589 Monterey
Approved
SPE 04 -03
The James Group
5
Lone Oak Court
Under Review
SPE 04 -04
The James Group
8
Thomas Road and
Santa Teresa Blvd.
Under Review
SPE 04-05
GUSD
9
Wren Ave at
Vickery
Approved
SPE 04 -06
Chappell
Development
10
West of Mesa Ridge
Under Review
SPE 05 -01
The James Group
13
9025 Kern Ave
Under Review
Number of Units
in Process
150
Remaining Units
0
G: \COMDEV\RDO docs\RDO Status Reports\RDO exempt log [2004- 2013].doc
Attachment #2
Target for market driven housing: 2,550 units
Target for exempt housing: 900 units
4
3 _t .
5 -year (2004 -2008) growth limit: 1,380
* Specific targets for exempt housing:
"affordable" 530 units
"senior housing" 120 units [individuals 62 and over]
"affordable senior" 100 units [individuals 62 and over]
"small projects" 150 units ** [12 units or less]
Total: 900 units
** The first 100 units cannot be considered for re- allocation until the end of the 10 -year cycle (2004-
2013), and the remaining 50 units cannot be re- allocated under any conditions.
1II1IIII11I1I111I1IIIII11 / 11 1111 11 111111 1I11 II111 111II IIII II II II1111111111111111lIIIIIIIIIII HW IIIIIIII111 /111 N1 HIM /11111111111111IIIIII111 111I III IIII111 /11111 /1111IIIIII /111111
"downtown projects" 100 units * ** [General Plan commercial area]
* * * "downtown projects" are not tabulated in the 10 -year housing goal
Buildout year
2004
2005
2006 2007
2008 1 2009
2010 2011 1 2012
2013 Totals
RDO Limit:
326
410
315 166
202 240
240 240 241
170 2,550
2001 allocations
276
360
315 166
202 202
202 202 203
131 2,259
RD9"I * * **
50
50
100
to ShaaeWs Eagle Rldxe development, an action taken by the City Cow" during
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -50 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
18th day of July, 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 10th day of August, 2005.
i
City Clerk of the City of Gilroy
(Seal)