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Resolution 2008-27 RESOLUTION NO. 2008-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AMENDMENT TO AHE 06-01, AN APPLICATION FOR AN AFFORDABLE HOUSING PROJECT EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APNS 790-06-016, 029, 030, 032, AND 033 WHEREAS, South County Housing ("Applicant") has requested an amendment to the previously approved AHE 06-01, an Affordable Housing Exemption from the Residential Development Ordinance ("RDO") to build the Rancho del Sol residential project of two hundred and sixty (260) units; 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 at its duly noticed public hearing on February 27, 2006 first approved AHE 06-01 by Resolution No. 2003-30 adopted May 1, 2006, and WHEREAS, the City Council at its duly noticed public hearing on June 2, 2008 reviewed application AHE 06-01, an amendment to the previously approved affordable housing exemption, which requests the conversion of 83 owner occupied townhouse units to rental apartments and certain architectural design modifications as set forth in the Staff Report dated May 19, 2008, attached hereto as Exhibit "A", and all other documents relating thereto and took oral and written testimony; and ILLEZOTTEI763338.1 060408-04706089 -1- Resolution No. 2008-27 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 )(3) 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. 2. The project is in compliance with Zoning Ordinance section 50.62(b )(3) criteria, the project's affordability and the community's need for Very Low, Low, and Moderate Income housing; the number of affordable housing projects in the vicinity; the diversity of unit types such as single-family homes, and rental apartments; and the consistency ofthe project's site design with City standards. 3. The project is substantially consistent with the previous RDO Affordable Housing Exemption approval. B. ARE 06-01-Amendment should be and hereby is approved subject to the conditions in the attached Staff Report as though fully set forth herein as follows: 1. The Applicant shall be subject to the requirements of the "RDO Affordable Housing Exemption Procedure" policy. ILLEZOTTEI763338.1 060408-04706089 -2- Resolution No. 2008-27 2. The developer shall sign a contract agreemg to the provisions contained within the "RDO Affordable Housing Exemption Procedure," pnor to approval of an Architectural and Site review for this site. 3. The Applicant shall obtain approvals ("Approvals") for a Final Map, and Staff-approved Architectural & Site Review, and such other approvals as the City deems necessary. 4. The Applicant shall obtain all Approvals within two (2) years from the date of this amended 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 16th day of June 2008, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, TUCKER, and WOODWARD NOES: COUNCILMEMBERS: GARTMAN ABSENT: COUNCILMEMBERS: PINHEIRO I ATTESt: III ~ bert inheiro, Mayor ILLEZOTTEI763338.1 060408-04706089 -3- Resolution No. 2008-27 City of Gilroy Community Development Department Planning Division 7351 Rosanna St. Gilroy, CA (408) 846-0440 AFFORDABLE HOUSING EXEMPTION AMENDMENT May 19,2008 File Number: AHE 06-01 (encompass #06010024) Applicant: South County Housing (c/o Karen Saunders, 842-9181) Location: Property located west of Monterey Road, north and south of the future extension of Cohansey Avenue Staff Planner: Melissa Durkin (mdurkin@ci.gilroy.ca.us) REQUESTED ACTION: The applicant, South County Housing, requests a revision to the RDO Affordable Housing Exemption approval for the Harvest Park project. DESCRIPTION OF PROPERTY: Parcel Number: 790-06-016,029,030,032, and 033 Parcel Size: 36 acres Flood Zone: Zone B, Panel # 0603400002D, Panel Date: 8/17/98 STATUS OF PROPERTY: Existing Land Use Ag., Undev., Residential General Plan Designation Neighborhood DistrictlLDR Zoning Neigh. Dist/ PUD, County STATUS OF SURROUNDING PROPERTY: Existing Land Use N: Vet. Office, Ag. S: Ag., Undev., Res. E: Res., Indus., Ag. W: Agricultural General Plan Designation Neighborhood District Neigh. Dist./LDR Rural Residential Neighborhood District Zoning RI-PUD Neigh. Dist./Rl County Zoning County Zoning EXHIBIT A AHE 06-01 2 5/19/08 ANALYSIS OF REQUEST: The applicant received approval of the Harvest Park project Affordable Housing Exemption on May 1, 2006. This exemption, and the subsequent Tentative Map and Architectural & Site Review allowed the applicant to construct: . 161 single-family homes; and . 83 townhouses All of the approved homes were designed to be owner occupied. Since that time, the residential home market has entered a significant decline, making construction financing for low-income for-sale homes and mortgage lending to low-income buyers difficult. In addition, South County housing's financing depends on internal subsidies generated by the market-rate homes in the Harvest Park development. Since market-rate home sales have slowed dramatically, South County Housing cannot rely on those homes to subsidize their low-income product. However, the applicant can obtain funding for low-income apartment units. Therefore, the applicant proposes two changes to the Harvest Park approvals: 1. Convert 83 owner-occupied townhouses into 83 rental apartment units; and 2. Modify the architectural design of the units See the applicant's letter (attached as Exhibit A) for a detailed explanation of the proposed changes. Conversion to Rental Units The conversion of 83 units from owner-occupied townhouses to apartment units will provide a rental component in the Harvest Park project that does not currently exist. The remaining 161 units in this development will all be owner-occupied single-family homes. The nearest apartment complex to this development is South County Housing's transitional apartment project, approximately 800 feet south of the proposed apartment units. The Single Family home component of Harvest Park will buffer the proposed rental units from existing development (see page 4 of South County Housing's letter for a site plan showing the location of the proposed apartments). Neither the Zoning Ordinance nor the RDO Affordable Housing Exemption Procedure specifies a preference for owner-occupied or rental units. Therefore, staff's chief concern with converting the units from townhouses to apartments is the conversion's impact on affordability levels in the overall development. The following chart compares the approved affordability levels with the proposed affordability levels. [Note: 62 of the units approved for this project (25%) are market rate and are not subject to affordability restrictions. This chart compares the affordability levels of the 182 income- restricted units.] EXHIBIT A AHE 06-01 3 5/19/08 Affordability Level % Required by Policy Previous Approval Current Request (see Appendix) 100% to 120% of 30% 54 units (30%) 54 units (30%) Median 80% to 100% of 25% 46 units (25%) 46 units (25%) Median 50% to 80% of Median 25% 46 units (25%) 46 units (25%) Up to 50% of Median 20% 36 units (20%) 36 units (20%) The proposed chan2:e is consistent with the previously-approved affordabilitv levels. Architectural Design Modification The applicant proposes modifying the design of the units as part of the conversion from townhouses to apartments. The applicant has summarized the differences between the original design and the proposed design in the attached letter. The primary changes are as follows: Previous Desi n Three-Story townhouses Garages under each unit Larger units (ranging from 1,090 to 1,680 square feet) with less 0 en s ace 10 one-bedroom units, 49 two-bedroom units, and 24 three-bedroom units 249 parking spaces. Exceeds required parking by 62 stalls Pro osed Desi n Two-Sto a artments C orts detached from the units Smaller units (ranging from 647 to 1,083 square feet) with more 0 en s ace 10 one-bedroom units, 45 two-bedroom units, and 28 three-bedroom units 232 parking spaces [191 Parking Spaces + 41 "Reserve Spaces" kept as a landscape strip until parking is warranted]. Exceeds required parking by 73 stalls Page seven of the staff report shows the approved elevations and the proposed elevations. The proposed design is substantially similar to the approved design, with the primary exceptions being the change from three-story to two-story and the unit size, Zoning Ordinance section 50.66 (i) allows the Planning Division Manager to forward requests for RDO allocation amendments directly to the City Council for approval if he finds that the modifications to the project are not significant. After review ofthe proposed changes, staff believes the applicant's request is substantially compliant with the previous approval, and that the proposed changes are not significant. EXHIBIT A AHE 06-01 4 5/19/08 STAFF RECOMMENDATION: This proiect is substantially consistent with the previous RDO Affordable Housinl!: Exemption approval. Therefore. staff recommends that: 1. The City Council APPROVE this request; and 2. The revised Architectural & Site Review be approved at a staff level. If this proiect is approved. staff recommends that the followinl!: conditions be applied to this approval: 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 an Architectural & Site Review that reflects the revised design. Respectfully, William Faus Planning Division Manager bfaus@ci.gilroy.ca.us EXHIBIT A I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2008-27 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 16th day of June, 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 5th day of July, 2008. Shawna Freels, C City Clerk of the City of Gilroy (Seal)