Ord 1685 - AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTERS 2.00 AND 3.90 OF THE TOWN ZONING ORDINANCE RELATING TO DEFINITIONS AND HOUSING ASSISTANCE PROGRAMSORDINANCE NO. 1685
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTERS 2.00 AND 3.90 OF THE
TOWN ZONING ORDINANCE RELATING TO DEFINITIONS
AND HOUSING ASSISTANCE PROGRAMS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I.
SEC. 2.00.140 is hereby amended to read:
SEC. 2.00.140:
CONDOMINIUM, RESIDENTIAL
A residential condominium means a condominium project, a community apartment
project or a stock cooperative as defined in Title 6 Common Interest Developments,
Section 1351 of the Civil Code.
SECTION II.
SEC. 2.00.180 is hereby amended to read:
SEC. 2.00.180: DWELLING, MULTIPLE FAMILY
A building or portion thereof used or designed as a residence for three or more
families living independently of each other, including apartment houses, apartment
hotels and flats, but not including auto courts.
SECTION III.
SEC. 3.90.105 is hereby amended to read:
SEC. 3.90 ;105: INTENT
The below market price (BMP) program requires construction of dwellings that
persons and families of moderate income can afford to buy or rent, and assures to
the extent possible that the resale prices of those dwellings, and rents if they are
rented, will be within the means of persons and families of moderate income;
SECTION IV;
SEC. 3 ;90.110 is hereby amended to read:
SEC. 3 ;90.110: APPLICATION
Sections 3.90.100 through 3.90.135 apply to all multiple family dwelling
projects (Section 5.20.205.4(c)), residential condominium projects (Section
2;00 ;140) and to all residential planned development projects (Chapter 4;82) either
approved after July 4, 1979 or whose approval includes a condition requiring
construction of BMP dwellings. Projects in the R -1 and HR zones are excepted from
BMP participation. The exception does not apply if the project is built under the
rules of an overlay zone unless the rules of the overlay zone provide otherwise;
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SECTION V.
SEC. 3.90.115 is hereby amended to read:
SEC. 3.90.115 DEFINITIONS
(1) A BMP dwelling is a residential condominium unit as defined in Section
2.00.140, a planned development dwelling unit or a multiple family
dwelling unit which is built for occupancy by persons of moderate
income under the rules of Section 3.90.100 through 3.90.135.
(2) A person of moderate income is one whose income falls within the range
specified by the Town Council in the resolution authorized by Section
3.90.135.
SECTION VI.
SEC. 3.90.120 is hereby amended to read:
SEC.3.90.120
SCOPE
Every multiple family dwelling project at the time of building permit,
residential condominium or planned development residential subdivision at the time
of subdivision, and every community apartment project and every residential stock
cooperative apartment or unit project at the time of subdivision if the transaction
involves subdivision or at the time of sale, if it does not, shall contain one or
more BMP dwellings according to the following rules:
(1) BMP dwelling units equal to ten percent of the total number of
dwelling units.
(2) Projects with nine or fewer dwelling units total including
present and all future phases are exempt from this section.
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(3) Whenever the calculations of below market price units result in a
fraction of one -half or more the number of units to be reserved
is increased to the next whole number.
SECTION VII:
SEC. 3.90.135 is hereby amended to read:
SEC 3.90.135: ADMINISTRATION
The Council shall adopt by resolution regulations concerning all aspects of the
B MP program, including the elements of price, buyer eligibility standards, rent the
length of the period during which a unit will be subject to BMP restrictions, the
form of recorded instruments and any other matter consistent with the provisions of
these section 3.90.100 through 3.900135.
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SECTION VIII.
This ordinance takes effect 30 days after the date it is adopted. Within 15
days after this ordinance is adopted the Town Clerk shall cause it to be published
once in a newspaper of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of
the Town of Los Gatos on April 21st , 1986 and adopted by the
following vote as an ordinance of the Town of Los Gatos at a regular meeting of the
Town Council on June 2nd 1986.
AYES: COUNCIL MEMBERS Joanne Benjamin, Brent N. Ventura, and
Mayor Terrence J. Daily
NOES COUNCIL MEMBERS None
ABSTAIN COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Eric D. Carlson, and Thomas J. Ferrito
SIGNED:
MAYOR OF THE TOd OF LOS GATOI
ATTEST:
Q ;�� e�
CLERK OF THE TOWN OF LOS GATO
ZON IN: A- 86 -1BMP
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