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Home My WebLink AboutResolution 2002-84 RESOLUTION NO. 2002-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING SHE 02-01, AN APPliCATION FOR A SENIOR HOUSING EXEMPTION FROM THE RESIDENTIAL DEVELOPMENT ORDINANCE, APN 810-21-006 WHEREAS, DMA Gilroy Partners ("Applicant") submitted SHE 02-01, requesting a senior housing exemption for market rate units from the Residential Development Ordinance ("RDO") for the purpose of constructing a 39-unit senior housing development at 1520 Hecker Pass Highway, a part of the Village Green project located at the southwest comer of Santa Teresa Boulevard and Hecker Pass Highway, APN 810-21-006; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on February 27, 2000, adopted a Negative Declaration for this project as part of zone change request Z 99-04, and said Negative Declaration applies to SHE 02-01; and WHEREAS, on August 6,2001, the City Council adopted Resolution No. 2001-50, which set numerical limits for residential development in the years 2004-2013 and established targets for exempt housing, including 120 units of senior housing for individuals 62 and over; and WHEREAS, the 39 units to be developed under SHE 02-01 are senior housing units that can be exempted under the 2004 RDO allocation; as discussed in the Staff Report dated November 15, 2002 ("Staff Report"), which is attached hereto as Exhibit A; and WHEREAS, the Planning Commission reviewed application SHE 02-01 at a duly noticed public hearing on November 21, 2002, and recommended that the City Council approve it subject to the three (3) conditions set forth on page 3 of the Staff Report; and WHEREAS, the City Council reviewed application SHE 02-01 and all documents relating thereto and took oral and written testimony at its duly noticed public hearing of December 2, 2002; \GBO\573537.2 01-120902-04706002 -1- Resolution No. 2002-84 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 1. The City Council hereby finds that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment. 2. The City Council finds that this application is consistent with the intent of the goals and policies of the City's General Plan, and with the City's Zoning Ordinance and Land Development policies. 3. SHE 02-01 should be and hereby is approved subject to the three (3) conditions set forth on page 3 in the attached Staff Report, including implementation of the mitigation measures in the Negative Declaration and the mitigation/monitoring program connected therewith. PASSED AND ADOPTED this 16th day of December, 2002 by the following AYES: COUNClLMEMBERS: ARELLANO, DIlLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NOES: COUNClLMEMBERS: NONE ABSENT: COUNClLMEMBERS: VELASCO ~L~. Rhonda Pellin, City Clerk APPROVED: ~ /,\~ - Thomas W. S' ayor - \GB0I573537.2 01-120902-04706002 -2- Resolution No. 2002-84 Exhibit A Community Development Department Planning Division Senior Housing Exemption November 15, 2002 File Number: , SHE 02-01 I" ApplifaIJt: I., DMA Gilroy Partners (Village Green c/o Franco Mola, (206) 979-9944) , Location: 1 1520 Hecker Pass Highway, property located at the southwest comer of Santa Teresa Boulevard and Hecker Pass Highway Staff Planner: Melissa Durkin (mdurkin@ci.gilroy.ca.us) REOUESTED ACTION: The applicant requests a 39-unit Senior Housing Exemption from the RDO competition for the Village Green project. DESCRIPTION OF PROPERTY: Parcel Number: Parcel Size: Flood Zone: 810-21 -006 22.3" acres (3.38-acre portion) "X," Panel # 060 340 00010, Panel Date: 8/17/98 STATUS OF PROPERTY: Existing Land Use SFR/Project under construction General Plan Designation Medium Density Residential Zoning Al ST A TUS OF SURROUNDING PROPERTY: Existing Land Use North: CondominiumslHill. Res. East: Undeveloped/SFRJPark South: Uvas Creek/Residential West: Winery/Agriculture General Plan Designation Med. Density Res.lHillside GSC, HDR, PF Open Space/Low Dens. Res. Rural Residential Zoning R3/RH C3, RI, PF OS/RI-PUD Al SHE 02-01 2 11115/02 CONFORMANCE OF REOUEST WITH 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. This project conforms to the policies of Gilroy's General Plan. The following examples demonstrate this compliance: Policy 7,04: Eq ual Housing Opportunity. Promote equal housing opportunities for all residents regardless of age, sex, race, marital status, ethnic background, income and other arbitrary factors. I"; 1,,1 Policy 7.05: Community Diversity. Maintain community diversity by ensuring a variety of housing , opportunities to meet the needs of people of different ages and/or social and economic backgrounds, and different household and family structures. Approval of the proposed project is consistent with these policies because it will result in the construction of housing units that will accommodate only senior citizens, a currently underrepresented segment of Gilroy's housing market. ENVIRONMENTAL IMPACTS: NEGATIVE DECLARATION An Expanded Initial Study was prepared for this project as part of Zone Change request Z 99-04. The Negative Declaration was adopted for this project on February 27,2000, with 25 mitigation measures. PREVIOUS APPROVALS FOR THE VILLAGE GREEN PROJECT: The Village Green project, a master-planned senior citizen community, has received approvals to build the following components: . 75 Affordable Rental (Apartment) Units . 37 Affordable Cottage Homes . 4.8-Acre Estate Lot BACKGROUND OF RDO SENIOR HOUSING EXEMPTION On July 16,2001, the City Council adopted RDO numerical growth limits for 2004-2013. These numeric limits set aside 120 units for market-rate senior citizen housing and 100 units for low-income senior citizen housing, The City Council simultaneously restricted occupancy of these units to people age 62 and older. SHE 02-01 3 11/15/02 ANAL YSIS OF REQUEST: The Village Green, an approved master-planned senior citizen residential development, will ultimately have 151 homes (75 low-income apartment units, 37 low-income cottage units, and 39 market-rate cottage units). The applicant has obtained approval of the low-income apartment units and the low-income cottage units, and now requests approval of a Senior Housing Exemption to allow the construction of the 39 market-rate cottage units. The market-rate cottage units will architecturally match the low-income cottage units previously approved. Project Strengths: > Approval of these 39 units will allow the developer to complete the residential portion of this project > The proposed request is consistent with this site's approved Planned Unit Development (A/S 00-40) > This project will create 39 senior citizen units, a historically under-represented housing type in Gilroy > Approving these market-rate units will create balance, by providing homes in this development that are affordable to a variety of income levels > This request is consistent with the intent of the goals and policies of the City's General Plan document > This request is consistent with the City's Zoning Ordinance and Land Development policies STAFF RECOMMENDATION: Staff recommends that the Planning Commission forward a recommendation to the City Council Aporoving this Senior Housing Exemption. In addition, staff recommends that the following conditions be applied to this approval: I. Mitigation Measures I through 25 contained within the Negative Declaration for this project shall be applied to the approval of the project. Implementation of the mitigation measures will reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Ac t ( CEQA), subject tot he review a nd approval of the Planning Division. 2. The architectural and site design of these units shall match the architectural and site design approved under Architectural & Site Review application A/S 00-40. 3. Prior to building permit issuance for these units, the developer shall sign a contract agreeing to restrict occupancy of these units to people age 62 and older. Respectfully, JJ\~b/~, }. :" ~ /--,..j \J/~,1r,)rf'\ /\'~j-/\. I William Faus Planning Division Manager bfaus(cv,ci .gi troy .ca. us SHE 02-0] 4 ] 1/15/02 Planninl! Commission Action At their special meeting of November 2],2002, the Planning Commission recommended approval of Senior Housing Exemption SHE 02-01 by a vote of 5-0-2 (Commissioners Allen and Thompson absent). " , ,) I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2002-84 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of December, 2002, 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, 2003. (Seal)