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Ord 1430 - ZONING ORDINANCE AMENDMENT FOR BMP PROGRAMORDINANCE NO. ZONING ORDINANCE AMENDMENT FOR BMP PROGRAM THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION 1. Chapter 3.90 is added to the Town of Los Gatos Zoning Ordinance to read: Chapter 3.90 Ho using Assistanc P rograms Section 3.90.010: Intent This Chapter 3.90 is adopted to meet housing needs shown in the Housing Element of the General Plan. Section 3.90.100: Be low Market Price Program Sections 3.90.100 through 3.90.135 establish the below market price program. Section 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, 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_ 3.90.110 Applica Sections 3.90.100 through 3.90.135 apply to all 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 5 -30 -79 P WH /j 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. Section 3.90.115 Def initions (1) A BMP dwelling is a residential condominium unit, community apartment, stock cooperative apartment or unit or planned development dwelling unit which is built for purchase and 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 3.90.120 Scope Every residential condominium or planned development residential subdivision at the time of subdivision, and every community aEErtment 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 (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. -2- 5 -30 -79 PWH /j Section 3.90.125: Price The price of BMP units is controlled for the first buyer and for future buyers as follows: (1) The initial price is limited to direct construction cost and a proportionate share of the costs of preparing working drawings and specifications, and providing on -site and off -site improvements, determined according to rules set by the council. (2) The initial price does not include the cost of land, profit,,or marketing costs. (3) r act,)BMP unit will be subjected to recorded title restrictions concerning manner of future sales, occupancy and leasing. (4) Each buyer of a BMP unit must agree to sell the unit to a moderate income buyer designated by the Town. The Town will designate moderate income persons according to rules adopted by the council in effect at the time the seller purchased the unit. (5) The resale price cannot exceed the original selling price plus the value at the time of sale of improvements added by the owner, and plus an amount equal to the increase in cost of living or housing during the owner's tenure. The index or method to be used in calculating the increase is established by the council,,, (6) If a BMP unit to be resold has not been properly maintained or for any other reason is in poor condition and in need of cleaning or repair, the Town may elect to do the work or have it done and recover the cost from the sale price limited as provided in subpart (5). -3- 5 -30 -79 PWH /j (7) The regulations will specify the period for controlled resales. The time period will be for as long as is practical. Section 3.90.130 Project Denial If an applicant for zoning approval declines to provide BMP units required by ordinance, the zoning approval shall be denied. Section 3.90.135 Administration The Council shall adopt by resolution regulations concerning all aspects of the BMP program, including the elements of price, buyer eligibility standards, 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 providions of these sections 3.90.100 - 3.90.135. SECTION 2. This ordinance takes effect 30 days after the date it is adopted. Within 15 days after thI-ii, 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 Council of the Town of Los Gatos on May 21, 1979 and adopted by the following vote as an ordinance of the Town of -4- 5 -20 -79 PWH /j Los Gatos'at a regular meeting of the Town Council on June 4 19 79 . AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, Mardi Gualtieri, Peter W. Siemens, John B. Lochner NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED Mayor of the Town of Los Gatos ATTEST: Clerk of the Town of Lo tos -5® 5 -30 -79 PWH /j