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Resolution 2006-14RESOLUTION NO. 2006 -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AHE 05 -04, AN APPLICATION FOR AN AFFORDABLE HOUSING PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APNS 790 -17- 002,003 WHEREAS, Section 50.62(b)(4) of the City's Residential Development Ordinance ( "RDO ") under defined circumstances allows an affordable residential project sponsored by a private developer to be exempt from the RDO allocation process, but limits the numbers of units so exempted to seventy -five (75) units or less; and WHEREAS, La Gardenia Homes c/o Sal Akhter ( "Applicant ") submitted AHE 05 -04, requesting a fifty -one (51) -unit Affordable Housing Exemption from the Residential Development Ordinance ( "RDO ") for a private development proposal on two adjacent parcels totaling approximately 3.75 acres currently zoned Medium Density Residential District - Planned Unit Development (R3 -PUD) and Single - Family Residential (RI) located at 9130 and 9160 Kern Avenue, APNs 790 -17 -002 and -003; 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 IGB01684148.1 01 -021506- 04706089 -1- Resolution No. 2006 -14 50.62(b)(4), the criteria whereof are set forth and fully discussed in the Staff Report dated December 19, 2005 ( "Staff Report"); and WHEREAS, the Planning Commission reviewed application AHE 05 -04 at a duly noticed public hearing on January 6, 2006, and advised the applicant to revise the project's price stricture to conform to the City's RDO Affordable Housing Exemption Procedure; and WHEREAS the Applicant revised the project pricing structure to double the number of units for the lowest- income home buyers and agreed to provide subsidies of tip to seventy -five thousand dollars ($75,000) to households in the sixty percent (60 %) of median income category, and five thousand dollars ($5,000) to households in the seventy percent (70 %) and one - hundred percent (100°/x) median income categories as set forth in the chart submitted by the Applicant entitled "La Gardenia Homes Unit Configuration & Pricing: Old vs. New Proposal," attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Planning Commission reviewed the revised project at a duly noticed public meeting on February 2, 2006, and recommended that the City Council approve the project; and WHEREAS, the City Council reviewed application AHE 05 -04, the Staff Report, a Supplemental Staff Report dated January 24, 2006 ( "Supplemental Staff Report"), a Follow -Up Report dated January 31, 2006, a City Staff Memorandum dated February 3, 2006 ( "Staff Memorandum "), and all documents relating thereto and took oral and written testimony at its duly noticed public hearing of February 6, 2006; and IGB01684148.1 01 -021506- 04706089 -2- Resolution No. 2006 -14 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: 1. The project consists of fewer than seventy -five units, the maximum under RDO section 50.62(b) (4). 2. The project complies with Zoning Ordinance section 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 those recited in the Staff Report. B. AHE 05 -04 should be and hereby is approved subject to the new proposal set forth in Exhibit A and further described in the staff reports, the conditions on page 3 of the Supplemental Staff Report, attached hereto as Exhibit B, which conditions are incorporated herein by this reference, and the additional condition in the Staff Memorandum, set forth as follows: IGB01684148.1 01 -021506- 04706089 7. The $75,000 per unit subsidy provided by the developer to households in the 60 percent median income category shall consist of either: 1. A down payment assistance grant applied directly to the sales prices with no restrictions or -3- Resolution No. 2006 -14 I A deferred loan with the following terms: a. Payments deferred for a minimum of five (5) years; b. A 30 -year loan repayment period consisting of a 5 -year deferment period followed by 25 years of amortized payments; and C. Seven percent (7 %) maximum per annum simple interest. PASSED AND ADOPTED this 27th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, and VALIQUETTE NOES: COUNCILMEMBERS: PMEIRO and VELASCO ABSENT: COUNCILMEMBERS: NONE ATTES .' Rhonda Pellin, City Clerk 1GB01684148.1 01 -021506- 04706089 M pro Tempore Resolution No. 2006 -14 9 La Gardenia Homes Unit Configuration & Pricing Old vs. New Proposal New Proposal Highlights: ■ Number of units in the 60% and 70% of annual median income categories are increased by 100 %. ■ Nearly $1 million in developer subsidies are added as deferred loans toward the purchase of these homes. ■ 20% homes in all affordable categories are reserved for qualifying Gilroy City and School District employees. ■ The debt -to- income ratios are maintained at or below 42% to meet the City's guidelines. Note: The State of California HUD limits for low income are defined as 80% or less of the annual median income. Deviating from that guideline, the City of Gilroy lowers that limit to 60% or less of the annual median income — a far more stringent requirement than that of any other jurisdiction in Santa Clara county. Income ° of /AMI Old Unit City Pig Old Old:', Market Type Rang Count Units Req Beds Baths Spaces Living Area Price Price Al $63,360 60% 5 20.4 3 2.5 2 1.328 $339K $578K A2 $73,920 70% 5 3 2.5 2 1,392 $389K $578K _ $609K A3 -$8-4,4-80- 80% 104 0 - 1,456 B $105,600 100% 16 15.3 4 2.5 3 1,684 $546K $649K C $126 720 120% 15 15.3 4 2.5 1 3 2,0 12 $709K r ' - t M N/A - 3 - 4 2.5 3 2,108 m Mkt x, New Proposal Highlights: ■ Number of units in the 60% and 70% of annual median income categories are increased by 100 %. ■ Nearly $1 million in developer subsidies are added as deferred loans toward the purchase of these homes. ■ 20% homes in all affordable categories are reserved for qualifying Gilroy City and School District employees. ■ The debt -to- income ratios are maintained at or below 42% to meet the City's guidelines. Note: The State of California HUD limits for low income are defined as 80% or less of the annual median income. Deviating from that guideline, the City of Gilroy lowers that limit to 60% or less of the annual median income — a far more stringent requirement than that of any other jurisdiction in Santa Clara county. Planning Division (contact Melissa Durkin at 846 -0440) 1. The developer shall sign a contract agreeing to the provisions contained within the "RDO Affordable Housing Exemption Procedure," prior to approval of an Architectural and Site review for this site. 2. The Applicant shall obtain approval of a General Plan Amendment, Zone Change, Tentative Map, Final Map, and PUD Architectural & Site Review. Time Limits for Approval: If the approvals set forth in condition 2 above have not been obtained within two (2) years from the date of this AHE approval, then this AHE approval shall be automatically revoked without further action by the City. Upon application prior to the expiration of this AHE approval and for good cause shown, the Planning Division Manager may grant an extension of time not to exceed one year. Housinp-& Community Development (contact Regina Adams -Brisco at 846 -0290) 4. To ensure that income eligible households with reasonable existing debt levels qualify for these homes, the applicant shall make available and, if necessary, provide additional financing to targeted income groups. The applicant shall disclose complaint process in final marketing materials, listing the City of Gilroy -HCD as the initial contact for complaints regarding the lending process. 5. Prior to issuance of a grading permit, Applicant shall obtain City approval on the Final Marketing and Affordable Financing Program. 6. Prior to issuance of a grading permit, Applicant shall obtain approval of all affordable covenants and deeds restrictions intended for monitoring and securing affordability. EXHIBIT B I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2006 -14 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 27th day of February, 2006, 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 7th day of February, 2006. City Clerk of the City of Gilroy (Seal)