Resolution 2008-19
RESOLUTION NO. 2008-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING ARE 07-01, AN APPLICATION FOR AN
AFFORDABLE HOUSING PROJECT EXEMPTION FROM THE
RESIDENTIAL DEVELOPMENT ORDINANCE, FOR
PROPERTY LOCATED AT 6300 MONTEREY ROAD, APN 808-
21-033
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, Luchessa Road, LLC ("Applicant") submitted ARE 07-01, requesting an
Affordable Housing Exemption for thirty-five (35) units at the Oak Creek residential project
which consists of a total of two hundred and thirty-six (236) units; and
WHEREAS, the City Council in September, 2007 granted RDO approval for 191 market
rate units in this project; 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
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criteria whereof are set forth and fully discussed in the Staff Report dated March 18, 2008 ("Staff
Report"); and
WHEREAS, the applicant is currently required to provide 15% affordable units within
the Project. The applicant wishes to obtain an additional 10 units through the Master Plan
process. If these additional 10 units are granted the applicant will need to provide 20%
affordable units. Thus the applicant is requesting 35 affordable housing units to ensure
affordable housing compliance with the regulations; and
WHEREAS, the Planning Commission reviewed application ARE 07-01 at a duly
noticed public meeting on April 3, 2008, and recommended that the City Council approve the
request for an affordable housing exemption for 35 units (32 homes and 3 apartments); and
WHEREAS, the City Council reviewed application ARE 07-01, the Staff Report, the
supplemental staff report dated April 15, 2008, and all documents relating thereto and took oral
and written testimony at its duly noticed public meeting on April 21, 2008, 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.
SECTION I
NOW, THEREFORE, BE IT RESOLVED THAT
A. The City Council hereby finds as follows:
1. 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
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Gilroy Unified School District. The City Council makes these findings based on
facts as set forth in the record, including the Staff Report.
2. The project is in compliance with Zoning Ordinance section 50.62(b) (4) criteria
including the requested units' affordability and the community's need for
affordable housing; the number of affordable housing projects in the vicinity; the
diversity of unit types such as single-family homes and apartments; and the
consistency ofthe project's site design with City standards.
3. ARE 07-01 should be and hereby is approved subject to the approval of
pending applications set forth in the Staff Report.
The Applicant shall obtain all required 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.
PASSED AND ADOPTED this 5th day of May, 2008, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
TUCKER, WOODWARD
PINHEIRO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
BRACCO
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Resolution No. 2008-19
ATTEST:
ity Clerk
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APPROVED:
~aYor
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Resolution No. 2008-19
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2008-19 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 5th day of May, 2008, 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 6th day of June, 2008.
(Seal)