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GILROY DISPATCH

JANUARY 18, 2019

Mixed-use building approved by council SINCE 1927

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Gilroy

DEBIT

THE 78-UNIT BUILDING WITH BE FIVE STORIES FACING MONTEREY RD. Jaqueline McCool Reporter

The Gilroy City Council this week unanimously approved a mixed use building that will sit on Monterey Road near Highway 101. The project approved Jan. 14 is planned to have 69 market rate units and 9 affordable housing units for a total of 78 apartments. The rent will range from $2,000 for a one bedroom to $6,000 for a four bedroom, city staff identified the rent as slightly above average Gilroy rent. After the council

members fleshed out details of the project with city staff and the applicant Jan Hochhauser, they eventually came to a consensus hinging on the applicant fulfilling some conditions laid out by the council. Most notably, Dion Bracco asked that public art be painted in the proposed public plaza at the building. He asked that no more than $10,000 be spent and that a local artist be asked to paint the piece. The curb appeal of the project was heavily debated, with newly elected Councilmember Carol Marques voicing concern that the project would look like the Alexander station apartment complex. “When i looked at the whole blueprint as soon as i opened it up,

I thought “Alexander Station,” said Marques. “While I was campaigning I have heard so many negatives about what that building looked like. My platform talked about how every project was going to be aesthetically pleasing.” The proposed project is not a low-income housing project. The nine units reserved for below-market-rate rents will likely, according to the city’s staff report, be categorized as “moderate income.” Councilmember Marie Blankley said that the aesthetics of the complex were subjective and that she believed the design would attract tenants. Blankley said, “I trust that you’re appealing to a market that’s going to pay these rents.”

Mayor Pro Tem Marie Blankley said she believed the design will attract tenants.

LAFCO controls growth ➝ LAFCO, 4 and storm drainage to the area; The plan wasn’t consistent with the regional transportation plan; The city hasn’t annexed all of the unincorporated land still within the urban service area; and The plan wasn’t consistent with county policies. The Morgan Hill staff report came to nearly opposite conclusions. Tobin said the discrepancies between he two reports occurred because “LAFCO policies are a collection of recommendations (some poorly defined) regarding how to evaluate USA (Urban Service Area) Amendment requests and recommendations for agricultural mitigation. “In the City’s USA Amendment request to LAFCO,” Tobin added, “the City provided its own assessment of each of the evaluation factors LAFCO uses to review such requests and described how the request was consistent with LAFCO policy recommendations.” Hall said it was the committees job to only look at the “macro picture” and determine whether or not the application violated policy. The commissioners who voted to deny the project—Yeager, Wilson, Sergio Jimenez and Hall— also urged the City and the archdiocese to continue searching for land within the city’s existing Urban Service Area. This contrasted with Morgan Hill city staff’s finding that not enough contiguous land exists within the city for such a project. Kim, speaking for the archdiocese, said he felt the LAFCO commissioners did not understand the work that the church and the city had put into finding appropriate land. “I pointed out that the California Department of Education requires 44.5 acres for a high school size of 1,800 students,” said Kim. “Sobrato High School is 77 acres, and Live Oak is 48 acres. Comparable local Catholic schools are suffering from being landlocked, which

WHAT IS LAFCO? LAFCO is a county agency mandated by the state. There are seven commissioners, made up of local government officials from across Santa Clara County along with a public member. There are also five alternative commissioners. According to the Santa Clara LAFCO website, the committee’s mission is to “ [to regulate], through approval or denial, the boundary changes proposed by other public agencies or individuals such as annexations to or detachments from, special districts or cities; formation of new districts; incorporation of cities; consolidation of districts; merger of a district with a city; creation of a subsidiary district; and dissolution of a district.” When a city receives a request for a Urban Service Area amendment, the City Council must hear the request and choose whether to move forward with an application to LAFCO. Because cities are only allotted one such application per year, requests are often bundled.

requires the school to cross the street and rent out other parking space and facilities.” Commissioners said the application had not addressed past LAFCO concerns. The city settled a lawsuit with LAFCO in 2016 over Morgan Hill’s General Plan that plotted city growth through 2035. City Attorney Larkin said LAFCO didn't believe the General Plan was sufficient. The parties reached a legal settlement, but they did not seem to reach a consensus when it came to how the city should be growing. “To resolve the dispute, the City agreed to do further environmental analysis before any amendment to the City’s Urban Services Area and/or initiating an annexation, unless there was a preexisting EIR that studied the project,” Larkin told the Times in an email. “In the case of the application for the Catholic High School, an EIR for the project was completed in 2014, so the settlement agreement requirements did not apply.” Despite the settlement, the original Environmental Impact Report was mentioned multiple times throughout the December LAFCO meeting, and was cited

by Hall as an example of how the project had not changed throughout the three applications. “The project was no different; they should have done a new EIR on it,” Hall said at the meeting. However, in an interview with the times, Hall said it was understood that the city was allowed to use the initial EIR in its application. The archdiocese now owns land outside of an Urban Service Area, surrounded by farmland that the county has deemed “prime,” but which has been called unusable by the farmers who own it. When asked by the Times if he believed the December meeting had led to any productive conversation, Kim replied, “No.” Former mayor Steve Tate made his case for the Catholic school and the annexation once again in an editorial piece for the San Jose Mercury News. Tate reiterated the city’s message, that this annexation would be the last of its kind in the city. “I am very disappointed that we will not have that opportunity and will apparently lose our chance for the South County Catholic High School to meet the demand for educational services in underserved South County,” wrote Tate.


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