08-25-04 Minutes - GPCTOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95030 (408) 354-6872
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SUMMARY MINUTES OF A REGULAR MEETING OF THE GENERAL PLAN
COMMITTEE OF THE TOWN OF LOS GATOS, AUGUST 25, 2004 HELD IN THE TOWN
COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS,
CALIFORNIA.
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The meeting was called to order at 5:35 pm by Chair Phil Micciche.
ATTENDANCE
Members present: Barry Bakken, Mike Burke, Diane McNutt, Phil Micciche, Morris Trevithick,
Mark Weiner
Members absent: Josh Bacigalupi; Mark Sgarlato
Staff present: Bud Lortz, Director of Community Development; Randy Tsuda, Assistant
Community Development Director; Suzanne Davis, Associate Planner; Jennifer Miller,
Administrative Analyst; Regina Falkner; Community Services Director
VERBAL COMMUNICATIONS
Ray Davis noted that the Los Gatos Foundation is hosting a dinner and dance this Saturday. The
event is to honor members of the military and will be held at the band shell. He objected about
the lack of action on creating new soccer fields and creation of a park in-lieu fee. He continues
to be very concerned about the lack of adherence to the General Plan.
ITEM 1 BMP HOUSING PROGRAM GUIDELINES
Bud Lortz introduced the item and turned it over to Regina Falkner for a short presentation.
Regina Falkner explained that the Town’s inclusionary zoning ordinance is one of about 50
municipalities that have one. It was created in 1979 and is one of the tools to help the Town
meet its affordable housing goals. Common elements in inclusionary zoning ordinances include
restrictions on price and rents and in-lieu fees. The first BMP unit was obtained in 1981 and
there are now 29 owner occupied units. There are 37 rental units, 29 of which are in the
Terraces. Another 62 rental units are expected in the next few years. The guidelines work and
after almost 25 years of working with it, a few changes are needed to refine the regulations. In
general the document is not broken, so a complete overhaul is not proposed.
Jennifer Miller summarized the proposed changes:
1. Community benefit requirements: additional BMP units can be provided as a community
benefit
2. New provision: requires BMP units to be the same as market rate units in the project (e.g.
if project is owner occupied units, the BMP(S) must also be owner occupied).
3. Unit standards: size of units and finishing needs to be reasonable consistent with the
market rate units. External amenities or facilities should be the same for both market
rate and BMP units.
4. In-lieu fees: fees will be required to be paid at time of occupancy for project phase, or
unit if single-family.
5. Modified provision: BMP funds can be used to administer the program (amount is
determined through the budget process).
6. Applicant eligibility: units available to applicants with maximum income may not exceed
100% of the median income for the County (previously up to 120%).
7. Point system: minor changes added for clarification purposes
8. Sales price: determined through formula rather than range
Phil Micciche suggested using a table with an incremental number of BMP units required
dependent on the number of units in the project. For every five units, one BMP unit would be
required. It would be much simpler.
Bud Lortz explained the concept behind the current formula. The logic was that it would
produce more units and that the cost to the developer would be fair. A Zoning Ordinance
amendment would be required to make the suggested change. He noted that additional
affordable units have been developed through use of BMP in-lieu fees.
Mike Burke said that unit sizes are increasing but the size of BMP units are not so there is more
disparity between market rate and BMP units.
Diane McNutt asked that language be added to clarify that personal property is not included in
assets being evaluated when someone applies for a BMP unit. She commented that the priority
to people making less than 50% of median income appears to conflict with another provision that
says 50 to 80% have priority when purchasing a unit. Jennifer Miller clarified that this rule
applies to rental units only (typically someone with this income level cannot qualify for a
mortgage).
Diane McNutt would like to add a definition for handicapped.
Steve Glickman commented on the point system: he is concerned that income is being looked at,
but expenses are not considered. He would like to see a broader view of the circumstances for
availability. Regina Falkner said a change in the point system could be considered for the
single head of household.
Diane McNutt and Mark Weiner suggested giving points for teachers and public safety
personnel. Jennifer Miller said that was previously considered by the Community Services
Commission and there was a concern that there are many professions that are valuable to the
community and it would be best not to single certain ones out. Mike Burke said encouraging
emergency personnel to live in the community is valuable. Phil Micciche suggested that the
Community Services Commission revisit the point system.
Barry Bakken said this is an education community and points to teachers is important so that they
General Plan Committee
Regular Meeting of August 25, 2004
Page 3 of 3
can live in the Town. He suggested that unit size be considered in addition to number of
bedrooms for determining sales price.
Jennifer Miller explained that the federal government sends out new income guidelines each
year.
Mark Weiner commented that it is not clear how much units can be sold for. Jenny Miller
provided information that includes income limits and recommended sales prices.
Regina Falkner thanked Jennifer Miller for all her work on this document. They will go back to
the Community Services Commission to discuss the Committee’s comments and may come back
a second time if clarification is needed.
ADJOURNMENT
The meeting was adjourned at 6:45 pm by Chair Phil Micciche. The next meeting of the
General Plan Committee is scheduled for Wednesday, September 8, 2004 at 5:30 pm.
Prepared By:
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Suzanne Davis, Associate Planner
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