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2012-009 - Policy interpretation of State Density Bonus Law and Town's Density Bonus GP on Residential ProjectsRESOLUTION 2012 -009 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AFFIRMING THE TOWN COUNCIL'S POLICY INTERPRETATION NOT TO APPLY THE TOWN'S DENSITY BONUS GENERAL PLAN POLICY WHEN AN APPLICANT REQUESTS THE STATE DENSITY BONUS PROGRAM FOR A RESIDENTIAL DEVELOPMENT PROJECT WHEREAS, the Town of Los Gatos has a General Plan Housing Element Policy, Action HOU -1.3, that provides a density bonus for qualified projects that in many cases exceeds the densities provided in the State Density Bonus Law; and WHEREAS, the Town has consistently applied the General Plan Density Bonus Policy to eligible project, resulting in up to a 100 percent density bonus for qualifying residential units; and WHEREAS, the Town of Los Gatos has not adopted the State Density Bonus Law, but complies with the intent of the law by providing density bonuses and concessions for qualified affordable housing projects; and WHEREAS, the Town of Los Gatos is committed to meeting the affordable and special populations housing needs through the implementation of the Town's Density Bonus General Plan Policy or the State Density Bonus Law while not impacting existing areas with density ranges that far exceed the carry capacity of the neighborhood; and WHEREAS, the Town of Los intends to adopt an ordinance implementing the requirements of the State Density Bonus Law; and WHEREAS, the Town of Los Gatos Town Council finds that until the Town enacts new legislation implementing the State Density Bonus Law, it will continue to provide density bonuses through either the application of the Town's General Plan Density Bonus Policy or through the request for use of the State Density Bonus Law, but not both programs on the same development project. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby determine that applicants may seek a density bonus for eligible projects through either the State Density Bonus Law or through application of the Town's General Plan Density Bonus Policy, but cannot be granted density increases through both the State Law and the Town's General Plan Density Bonus Policy. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5 th day of March, 2012, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice NAYS: ABSENT: ABSTAIN: SIGNED: /1 MA OR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: I J CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2