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05-14-03 Minutes - GPCTOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95030 (408) 354-6872 ------------------------------------------------------------ ------------------------------------------------------- SUMMARY MINUTES OF A REGULAR MEETING OF THE GENERAL PLAN COMMITTEE OF THE TOWN OF LOS GATOS, MAY 14, 2003 HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA. ------------------------------------------------------------ -------------------------------------------------------- The meeting was called to order at 5:30 pm by Chair Mike Burke. ATTENDANCE Members Present: Mike Burke, Josh Bacigalupi, Sandy Decker, Phil Micciche, Joe Pirzynski, Lee Quintana, Mark Sgarlato, Jo Zientek Members Absent: Mark Weiner Staff Present: Bud Lortz, Director of Community Development; Tom Williams, Assistant Director of Community Development; Jennifer Castillo, Planner; Orry Korb, Town Attorney. Others Present: Ray Davis Verbal Communications: None ITEM 1 APPROVAL OF MINUTES Jennifer Castillo provided background on the draft ordinance and asked for input related to the design and development standards and concurrence that the affordability restriction for rental units was appropriate. Bud Lortz provided the legislation overview and described the ministerial process that AB1866 would require. He went on to describe the Town’s proposed ordinance is more stringent than the states’ regulations which would be to the Town’s benefit. He also described the proposed changes and the need to keep portions of the existing code in tact in order to accommodate the existing second units that need to be legalized. Second units that existing prior to 1987 had an opportunity to receive amnesty and become legal. If someone now applies for legalizatio they must show must show that they have had unit rented continuously and pay a few to legalize. In addition, if a parcel is annexed and the property owner ca n show that the second units were legal under the county, they would be legal in the Town. Bud explained the affordability component and the time-line. Specific criteria for affordability has been included to comply with statutory regulations to make sure that the units are affordable. Producing units that will be affordable will help achieve our Housing Element goals. People may be discouraged because of the affordability requirements. Also, there is a tight time frame as the revised ordinance must be in place by July 1, 2003. All Committee members agreed that the development standards were appropriate. The following is a summary of comments: General Plan Committee Meeting May 14, 2003 Page 3 of 3 Lee Quintana asked about cleaning up the language related to the nonconforming section.and thought that the language related to the dates between 1893 and 1987 was redundant. She noted the language related to structures prior to 1983 was unnecessary. Lee raised the issue that we currently have accessory living quarters and was concerned about illegal construction. She also felt that there would be an inequity automatically because no limits would be placed on a pool house for example. Lee stated that there is no problem with well regulated second units. Keep the rent so that it is affordable. Most people build second units not to rent th em out, but for a family member. She suggested it be written into the deed that they must meet the BMP requirement for five years. Lee asked why asked about the minimum and maximum sizes and stated that at least an efficiency unit must be allowed and that in order to deny the project, findings must be made. Phil Micciche asked how second units are related to caretaker units. Bud Lortz responded that they are completely separate and the second units would not be allowed in the HR zone. Phil Micciche asked about converting an unlawful use and Bud Lortz responded that the owner would need to apply for a new permit. Jo Zientek asked how the transfer “pool” would be effected. Bud Lortz responded that it would be eliminated. Jo suggested that you could pick whomever you want to live in your second unit but have rent limits imposed when they do not qualify under income limits. General Plan Committee Meeting May 14, 2003 Page 4 of 3 Josh Bacigalupi suggested that we establish tonight what we need to comply with the law and revisit the additional language at a later date. Josh is concerned about the BMP restriction becoming too onerous on the individual property owner. He absolutely agrees that inclusionary housing should be imposed on the developer. Josh didn’t think second units were like building an apartment. Town residents feel that there is a need for affordable housing and the this is the framework in which affordable housing will be built. It will not get the Town a large stock but does fulfill the mandates of the law. We should have more. He is concerned that the demolition and remodel won’t support the construction costs of a new unit. Joe Pirzynski was excited about the prospect of getting more affordable housing for Los Gatos. He concurred with staff that the changes to the regulations needed to be made in a timely manner in order to comply with AB 1866. He further suggested that at a later date staff come back with updated Below Market Price Guidelines. Sandy Decker was concerned that there was not enough “teeth” in the current law and that AB1160 (Steinberg) was created to address that fact. She stated that the AB1160 was defeated by a grassroots movement which did not want the state to land use decisions without the benefit of the public hearing process. She agrees that secondary u nits are needed for relatives, for example. But there is an inherent problem with this legislation because it is essentially social engineering and not sustainable. Ms. Decker went on to say that Los Gatos is a job exporter, not importer General Plan Committee Meeting May 14, 2003 Page 5 of 3 and we do have the ability to sprinkle second units throughout the Town, but need to watch closely where the state is going. Mike Burke stated that second units may be rented to a mother-in-law and wanted to have the ability to rent to family members without having them meet income requirements. Staff would implement a two-pronged approach to address this. The property owner would have the option to first rent to a family member but would enter the BMP program if (s)he rented to someone other than a family member. He would like tho see the rent capped rather than basing the requirement on income levels. He also suggested that there should a sunset clause. Mike wants to ensure we get the credits for producing the units. General questions were raised about the administration of the BMP program. It would be administered through the Town’s existing contract with Santa Clara County. Recommendation: The consensus of the Committee was to forward the draft Second Unit Ordinance to the Planning Commission and Town Council with a recommendation for adoption as written. Ray Davis said it’s the beginning of a trend from the state to regulate local land use issues. ITEM 2: APPROVAL OF MINUTES General Plan Committee Meeting May 14, 2003 Page 6 of 3 The minutes of April 16, 2003 were unanimously approved. ITEM 3: ADJOURNMENT The meeting was adjourned at 6:35 pm by Chair Mike Burke. The next meeting of the General Plan Committee is scheduled for Wednesday, May 28, 2003 at 5:30 pm. Prepared By: ____________________________ Jennifer Castillo, Assistant Planner N:\DEV\SUZANNE\GENPLAN\GPC\2003Minutes\GPC-5-14-03.wpd