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13 Staff Report - 347 Massol Avenue13 COUNCIL AGENDA REPORT DATE:August 14,2008 MEETING DATE:8/18/08 ITEM NO: TO:MAYOR AND TOWN COUNCIL FROM:ORRY P.KORB,TOWN ATTORNEY~ SUBJECT:ADOPT PLANNED DEVELOPMENT ORDINANCE MAKING A ZONE CHANGE FROM RM:5-12 TO RM:12-20:PD FOR A FIFTY-SIX LOT RESIDENTIAL SUBDIVISION TO CONVERT THE EXISTING APARTMENTS TO CONDOMINIUMS AT 347 MASSOL AVENUE (APN 510-14-004)(BAY TREE APPARTMENTS) RECOMMENDATION: 1.Adopt the ordinance inh'oduced hy Council on June 16,2008;or 2.Continue action on adoption;or 3.Direct the Town Attorney to re-introduce a revised ordinance. DISCUSSION: On June 16,2008,Council approved a General Plan amendment and introduced a Planned Development Ordinance to convert the existing Bay Tree Apartments to condominiums.As discussed below,Council had requested that the applicant,Lyon Realty Advisors,present revised parking and relocation assistance plans prior to Couneil taking final action to adopt the Plmmed Development Ordinance. Parking Plan: Staff worked with the applicant in an effort to locate additional parking space options.As a result,the applicant has submitted a revised parking plan which includes 98 parking spaces (Attachment 7).This will allow the two bedroom units to be allocated two parking spaces and the one bedroom units to be allocated one parking space.The spaces are nmetional but some of them deviate from provisions of the Code in terms of back-up distance and tmldem configuration. PREPARED BY:ORRYP.KORB TOWN ATTORNEY BUDN.LORTZ COMMUNITY DEVELOPMENT DIRECTOR N:\DEV\CNCLRPTS\2008\347MassoI2.doc Reviewed by:~n Manager __Clerk Administrator __Finance(S"vL.--C0lll1nunity Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT:347 MAS SOL AVENUE August 18,2008 If a Council member does not find the parking plan acceptable,they should not vote to adopt the Planned Development Ordinance.Staff will respond to other concepts or conditions suggested by Council if requested. Relocation Assistance Plan: The applicant has submitted a Resident Assistance Program (Attaclnnent 8)which outlines the proposed assistance for existing tenants.The Program offers three levels of assistance which are detailed in Attaclnnent 8.The most critical component of the plan involves five individuals/families that are Special Circumstance Seniors.The applicant's proposal requires COllllcil to provide direction to staff because the applicant proposes that the Town purchase five of the eight BMP units.Thesc units will providc the tenants of the five units which fall into the Special Circumstance Senior (SCS)category options to allow them to remain on-site until they voluntarily vacate their units. Staff has prepared the following option for Council consideration for SCS tenant(s)who qualify for thc BMP program and are interested in purchasing their unit: •Direct staff to prcpare amendments to the BMP Guidelines as outlined below that may allow the five units with SCS to continue to live at Bay Tree as owners: Grant SCS who reside in the project extra ranking points to help them qualify to purchase Bay Trcc BMP units (essentially create a first right of refusal opportunity). Staff has prepared the following option for Council considcration for SCS tcnant(s)who are interestcd in continuing to rent their units: •Direct staff to prepare amendments to the BMP Guidelines as outlined below that will allow the five units with SCS to continue to live at Bay Tree as renters: Require the applicant to delay the sale of the five units occupied by the SCS until they voluntarily vacate their units.The rent will be fixed at the rate the tenant(s)is currently paying with an ammal increase consistent with cost of living (CPI).When the units are voluntarily vacated they will become part of the BMP program and sold in accordance with the BMP Guidelines. Staff has prepared the following options for Council consideration for SCS tenant(s)who do not qualify for the BMP program and arc interested in continuing to rcnt their units: •Direct staff to prepare amendments to the BMP Guidelincs as outlined below that will allow the five units with SCS to continuc to live at Bay Tree as renters: If SCS tenant(s)do not qualify for the BMP program,up to five units will be purchased by the Town and the tenant(s)will be allowed to continue to reside in the unites)until PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT:347 MAS SOL AVENUE August 18,2008 they voluntarily vacate their units.The rent will be fixed at the rate the tenant(s)is currently paying with an annual increase consistent with cost of living (CPI).The applicant will be required to sell the units to the Town at a ten percent discount.The monies from the ten percent discount will be used to manage the five units.When the unit is vacated,the unit will become pmi of the BMP program and sold in accordance with the BMP Guidelines. a.Explore purchasing five of the eight required BMP units using BMP funds. b.Explore purchasing five units at market rate using RDA 20%Affordable Housing Set-Aside funds. If a Council member docs not find the relocation plan acceptable with any of the staff direction suggested above,they should not vote to adopt the ordinance.Staff will respond to other concepts or conditions suggested by Council if requested. Also attached is correspondence from William Kaschub,Carla de Mos,Martha McGraw,Mary Ellen Kaschub,and Tim I-logan concerning parking and the loss of rental housing that would result from the conversion of the Bay Tree Apmiments to condominiums. Attachments: I.Introduced Ordinance 2.Letters and E-Mails from citizens (27 pages)(Submitted under a separate cover) 3.Correspondenc e dated July 29,2008 from Carla de Mos and Martha Me Graw 4.Correspondence dated August 7,2008 from Timothy and Frenda Hogan 5.Correspondence dated August 8,2008 fi'om Mary Ellen Kaschub 6.Resident Assistance and Parking Plan Summary,received August 4,2008 (l0 pages) 7.Proposed Pm'king Plan,received August 6,2008 (l page) 8,Resident Assistance Program,received August 6,2008 (5 pages) Distribution: Lyon Realty Advisors,Attn:Ron Cole,490 I Birch St.,Newport Beach,CA 92660 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM RM:5-12 TO RM:12-20:PD FOR PROPERTY AT 347 MASSOL AVENUE (APN 510-14-004) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Code of the Town of Los Gatos is hereby amended to change the zoning on property at 347 Massol Avenue (Santa Clara County Assessor Parcel Numbers 510-14-004)as shown on the map attached hereto as Exhibit A,and is part of this Ordinance,from RM:5-12 (Medium Density Residential,5-12 dwelling units per acre)to RM:12-20:PD (High Density Residential,12-20 dwelling units per acre,Planned Development). SECTION II The I'D (Plmmed Development Overlay)zone established by this Ordinance authorizes thc following construction and use of improvements: 1.Conversion of the existing fifty-six apmtmcnts to condominiums. 2.Parking lot modifications and other site improvements shown and required on the OffIcial Development Plm1. 3.Exterior fayade improvements to the existing buildings. 4.Uses permitted m'e those specified in the underlying RM (Multiple Family Residential)zone by Sections 29.40.610 (Permitted Uses)and 29.20.185 (Conditional Uses)of the Zoning Ordinance,as those sections exist at the time of the adoption of this Ordinance,or as they may be mnended in the future,subject to any restrictions or other requirements specified elsewhere in this ordinance including,but not limited to,the Official Development Plan. However,no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance,or by Conditional Usc Permit. Page I of7 ATTACHMENT 1 SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply,except when the Official Development Plan specifically shows otherwise. SECTION IV A recorded final map m1d Architecture and Site approval are required before exterior modification and site improvement construction work is performed,whether or not a permit is rcquired for the work and before any permit for construction is issued.Construction permits shall only be in a mmmcr complying with Section 29.80.130 ofthe Town Code. SECTION V The attached Exhibit A (Map),ffild Exhibit B (Official Development Plans),are part of the Official Developmcnt Plan.The following conditions must be complied with before issum1ce of any grading,or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1.APPROVAL:This application shall bc completed in accordance with all of the conditions of approval listed below m1d in substantial compliance with the plans approvcd and noted as Exhibit 8 of Attachment 2 ofthe report to the Town Council for the June 16,2008 meeting and Attachment 7 (Reviscd Parking Plan)ofthc rcport to the Town Council for the August 18,2008 meeting.Any changes or modifications made to the approved plans shall be approved by the Director of Community Developmcnt,Development Review Conunittee,Planning Conunission or the Town Council,depending on the scope of the chffi1ge(s). 2.TOWN INDEMNITY:Applicffi1ts are notified that Town Codc Section 1.10.115 requircs that any applicant who receives a permit or entitlement from the Town shall defend,indemnify,and hold hmmless the Town and its officials in any action brought by a third pmiy to overturn,set aside,or void the permit or entitlement.This requirement is a condition of approval of all such Page 2 01'7 permits and entitlements whether or not expressly set forth in the approval. 3.BELOW MARKET PRlCE (13MI')UNITS:Eight (8)13MI'units will be provided as part of the approved development plan per Town Code Section 29.10.3025 and 29.10.3030,The applicant shall meet with the Director of Community Services prior to the issuance of any permits or the recordation of the final subdivision map to commence the 13MI'process for the units.The 13MI' units shall be renovated by Lyon,at no cost to the Town or ultimate owner(s)or tenant(s),with the following upgrades:refinish the cabinets and counter tops;repaint the units;replace the carpet;replace the door knobs,faucets and other hardware;and install a washer and dryer. 4.DEED RESTRlCTION:Prior to issuance of a building permit or recordation of the final subdivision map,a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder's office,stating that the required 13MI'units must be sold as below market priced units pursuant to the Town's 13MI'Guidelines.The 13MI'Guidelines in effect at the time of the sale of the market rate units shall be used unless the sales prices in the 13MI'Guidelines have been reduced to a level lower than the prices in effect in 2008. 5.ARCHITECTURE AND SITE REQUIRED:An Architecture and Site application and approval is required for the fayade improvements,parking lot improvements,and other site improvements. The Planning Conunission shall be the deciding body for the Architecture and Site application. 6.SUBDIVISION REQUIRED:A tentative map application shall be approved prior to the submittal of building permits.The Development Review Committee may be the deciding body for the tentative map. 7.BIKE RACKS:The property owner shall work with staff to explore the possibility of on-site covered and/or uncovered bicyele parking. 8.COMPLIANCE MEMORANDUM:A memorandum shall be prepared and submitted with the building pennit and/or final subdivision map detailing how the Conditions of Approval will be addressed. 8a.'fENANT RELOCATION SERVI CES:Applicant shall prepare a Tenant Relocation Assistance Services Progranl to the satisfaction of the Director of Community Development. 8b.PARKING ALLOCA nON:Applicant shall prepare a Residential Parking Allocation Plan to the satisfaction of the Director of Community Development Page 3 of7 Building Division 9.PERMITS REQUIRED:A building permit shall be required for exterior fayade improvements and parking lot modifications.Separate building permits are required for site retaining walls, water tanks,and swimming pools;separate electrical,mechanical,and plumbing pel111its shall be required as necessary. 10.CONDITIONS OF APPROVAL:The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. 11.SIZE OF PLANS:Four sets of construction plans,maximum size 24"x 36.STREET NAMES & I lOUSE NUMBERS:Submit requests for new unit numbers fi-om the Building Division prior to the building permit application process. 11.TITLE 24 ENERGY COMPLIANCE:California Title 24 Encrgy Compliance forms CF-IR and MF-IR must be blue-lined on the plans. 12.SPECIAL INSPECTIONS:When a special inspcction is required by UBC Section 1701,thc architect or engineer ofrecord shall prepare an inspection program that shall be submitted to tl1e Building Official for approval prior to issuance of the building permit.The Town Special Inspection form must be completely filled-out,signed by all requested parties and be blue- lined on the construction plans.Special Inspection forms arc available from the Building Division Scrvice Counter or online at www.losgatosca.gov. 13.NONPOINT SOURCE POLLUTION STANDARDS:Thc Town standard Santa Clara Valley Nonpoint Source Pollution Control Program shall be part of the plan submittal as the second page.The specification sheet is available at the Building Division Service Countcr for a fee of$2 or at San Jose Blue Print. 14.PLANS:The construction plans shall be prepared under the direct supervision of a licensed architect or enginccr.(Business and Professionals Code Section 5538) 15.APPROVALS REQUIRED:The project requires the following agencies approval beforc issuing a building permit: a.Community Development:Joel Paulson at 354-6879 b.Engineering Department:Fletcher Parsons at 395-3460 c.Santa Clara County Fire Dcpartment:(408)378-4010 Page 4 of 7 d.West Valley Sanitation District:(408)378-2407 e.Local School District:(Contact the Town Building Service Counter for the appropriate school district and to obtain the school form.) TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 16.FINAL MAP:A final map shall be recorded.Two copies of the final map shall be submitted to the Engineering Division of the Parks &Public Works Department for review and approvaL Submittal shall include closure calculations,title reports and appropriate fee.The map shall be recorded beforc any permits are issued. 17.DEVELOPMENT AGREEMENT:The Applicant shall enter an agreement to construct public improvemcnts in accordance with Town Code §24.40.020. 18.UTILITY COMPANY REVIEW:Letters from the electric,telephone,cable,and trash companies indicating that the proposed improvements and cascmcnts are acceptable shall be provided prior to recordation of the final map. 19.PUBLIC IMPROVEMENTS:The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town,and guaranteed by contract,Faithful Performancc Security and Labor &Materials Security before the issuance of a building permit or the recordation of a map.The improvcments must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a.Massol Ave -Curb, gutter,sidewalk,street lights,tie-in paving,signing,striping,storm drainage and sanitary sewers,as required. 20.GENERAL:All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications.All work shall conform to the applicable Town ordinances.The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day.Dirt and debris shall not be washed into storm drainage facilities.The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued.The developer's representative in charge shall be at Pagc 5 of7 the job site during all working hours.Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the developer's expense. 21.ENCROACHMENT PERtVlIT:All work in the public right-of-way will require a Construction Encroachment Permit:All work over $5,000 will require construction security. 22.PUBLIC WORKS INSPECTIONS:The developer or his representative shall notify the Engineering Inspector at least twenty-four (24)hours before starting any work pertaining to on- site drainage facilities,grading or paving,and all work in the Town's right-of-way.Failure to do so will result in rejection of work that went on without inspection. 23.RESTORA nON OF PUBLIC IMPROVEMENTS:The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations.Improvements such as,but not limited to:curbs,gutters,sidewalks, driveways,signs,pavements,raised pavement markers,thermoplastic pavement markings,etc. shall be repaired and replaced to a condition equal to or bctter than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector,and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the stmi of construction to verify existing conditions. 24.CC&R'S:A copy of the CC&R's shall be submitted for review and approval by the Town Attorney and Plmming Division prior to map recordation.The CC&R's shall be consistent with the Residential Parking Allocation Plan required in Condition #8b. Page 6 of7 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council ofthe Town of Los Gatos on June 16,2008,and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting ofthe Town Council of the Town of Los Gatos on ,2008 and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF TI-IE TOWN OF LOS GATOS LOS GATOS,CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS,CALIFORNIA N·\DEV\ORDS\3471'dASSOI,.I)OC Page 7 of7 Application No.PD-07-02 A.P.N.#510-14-004 Change of zoning map amending the Town Zoning Ordinance. ~Zone Change From:RM:5-12 To:RM:12-20:PDoPrezonin N A Forwarded by Planning Commission Approved by Town Council Date: Clerk Administrator Mayor Date:April 23,2008 Ord: EXHIBIT A Meeting Date:8/18/08 ltemNi>.13 Subject:347 Masso!Avenue ATTACHMENT 1,EXHIBIT B Are available for review in the Clerk Department Page 1 of 1 From:Timothy Hogan [mailto:thogan1997@hotmail.com] Sent:Thursday,August 07,2008 9:23 PM To:bspector@losgatosca.gov;mwasserman@losgatosca.gov;sglickman@losgatosca.gov; dmcnutt@losgatosca.gov Subject:Bay Tree parking plan and onsite tour --see photo attachments NOTE:Ple{(se see photo gtt{(c11mel1tHJn Sep{(f{(te em{(j( Following is an update to my e-mail with photos to Council members of July 23. On August 5th,Lyon representative Ron Cole briefed a group of Bay Tree residents on its conversion plan.He provided a handout with a site plan for creating an additional 42 parking spaces.To accomplish this,Cole mentioned Lyon used all "nooks and crannies"of the property.. In deed Lyon's parking plan is a nook and cranny solution.And as I documented in a previous e-mail to Council members,Lyon's past efforts to reclaim land for parking spaces have in fact compromised living space of ertain units -by reducing 'space,light,air flow of units as well as the building's aesthetics.(Please see attached photos: Photo #1 shows patio area shortened by fence that was moved closer to the building;and Photo #2 shows a fence moved to within 2 ft of a window.) Now,Lyon's reclamation has hit closer to home.According to the parking site plan,four additional spaces are to be carved out of existing carport and parkway areas --.both areas are adjacent to our unit's street-level bedroom windows.If approved,this would result:in dank,less healthy and uncomfortable spaces as bedrooms -- diminished light and air-flow and the aggravation of car headlights and exhaust..(Please see Photo #3 and Lyon plan spaces 80 -83.).I am also concemed how the additional parking areas will affect fire-lane access requirements. With such a big difference in viewing the plan on paper and in-person,[would like to ask Council members to consider making a special effort to visit Bay Tree to see firsthand how Lyon's parking plan would have an impact on the property. Thank you, Tim and Frenda Hogan Bay Tree Apartments,#304 ATTACHMENT 4 file://C:\Documents and Settings\jpaulson.LOSGATOSCA\Local Settings\Temp\XPgrpw...08113/2008 AUGUST 8,2008 TOWN COUNCIL,TOWN OF LOS GATOS DATE: TO: SUBJECT: RECEIVED AUG -8 2008. TOWN OF LOS GATOS PLANNING DIVISION BAY TREE CONDO CONVERSION IMPACT ON PARKING ALONG MASSOLAVE In most communities condo-conversion projects are denied because the developer was either unwilling or unable to meet town parking requirements.It is apparent from Town Council discussions so far that this may very well not be the case for Los Gatos and the Lyon Development's proposed conversion of Bay Tree Apartments. The fact that Lyon and the Town appear willing to gift the public street to help Lyon meet parking requirements is disturbing.Speaking as a neighbor most directly affected by the project,I and my neighbors have not been consulted as to what the issues are from our perspectives.My husband,along with neighbors,felt compelled to submit a proposal on parking in the event the Town Council provides on-street parking for the Lyon development. At the last public hearing on this conversion,two of you publically stated that we should not have worries;condo street parking won't make a difference.I beg to differ.It will make a difference.That your determination was made from one or two site visits,and munbers produced from Ron Cole is insulting and doesn't tell the whole story. The first block of Massol serves as the entrance to the historic Almond Grove neighborhood and is the funnel for traffic coming on and off the hill from Glenridge and beyond.It is a very busy street.On ahnost a daily basis large construction trucks pass through -or park to unload bulldozers or whatever;we get oil trucks for the Shell Station;numerous delivery or repair trucks and cars that use that block and the intersection of MassoI and Almendra for illegal U-turns;employees of Santa Cruz Ave. shops park on Massol and occasionally we get cars that are dumped in the neighborhood, towed offHwy 17;people leave their cars so that they can spend the weekend,or longer, away.There is heavy vehicle-induced activity on this stretch of Massol. These facts aren't in the numbers you might have casually observed or in the week's counts that Cole provided.But they are real-and we and our neighbors are left to "police"the neighborhood of these infringements -or put up with them. Solid parking of cars along Massol by new condo owners will only make this street more difficult and the neighborhood less appealing.When cars are parallel parking to fit into a space along the street,it's hazardous against the fast moving traffic that uses Massol. As a nine-year resident at 320 Massol,I experienced the intolerable parking situation that existed before Permit Parking was put in place.(I was part of the long process that ATTACHMENT 5 worked to put it together.)In that situation,the maj ority ofparking density resulted from Bay Tree residents and/or their guests as well as business district users.Frequently it was not possible to park near my own home to off-load from my car.While the Permit Parking has provided much appreciated relief,giving new condo owners permission to street park can only renew the nightmare of old. What's discouraging to me is that fact that the Town seems intent on accommodating the developer at the expense of neighbors -and I may add neighbors who are active-town involved citizens who give a lot oftime,energy and creativity to community activities. I believe Lyon must provide resident and guest parking onsite -whatever it takes for them to do that -and the Town should ensure that it happens. I don't want to be put in future roles as parking police;be at continuous odds over parking with the Home Owners Association;experience new traffic and parking problems on Massol or have to fight for space to park by my own home. I ask you to please ensure that our neighborhood is protected from these situations with tight Town requirements on parking requiiements that are regularly enforced. Respectfully submitted, •••Bay Tree Condominium Conversion Resident Assistance and Parking Plan Summary Prepared by: Ron W.Cole EXHIBIT 6 •••Contents o Parking Plan o Resident demographic o Resident Assistance Plan Parking Plan o Additional Spaces: ;;Originally approved and developed with 56 spaces ;;>Goal:1 space for every One-bedroom unit and 2 spaces for every Two-bedroom unit for a total of 98 spaces. '"42 additional space locations have been identified.Some ofthese spaces have been added.Some will not be added until the condominium units are marketed for sale. III Total proposed parking spaces:98 spaces ;;See Parking Plan Exhibit o Additional Measures: ;;Governance:ROA implementation of Association Decals to track on-site parking. ;;Two secured,in-door bike racks will be added to promote alternative means of transportation. Resident Demographic Summary o Over 70%of all residents moved into the property after the Notice of Intent to Convert (for the pending conversion application)was implemented. o The notice was implemented on October 27,2005 and has been in effect for almost 3 years. o Children -there are three units where children reside that are under the age of 18 years of age. o Seniors -there are 8 units with residents older than 65.3 of the 8 residents moved to the property with full knowledge that the condominium conversion application was in process. o Financial: •50%ofthe residents earn from $100k -$360k per year ~10%ofthe residents potentially qualify for BMP units. Additional income validation is necessary to confirm. •••Resident Assistance o Purchase Plan: All Qualified Residents,defined as those who have lived at the property prior to the 180 Day Notice of Intent to Convert is implemented,will receive: .,Reduced sales price -5%discount off of the price at which their unit is first offered for sale to the general public. o Reduced escrow costs «>Reduced loan fees and charges Resident Assistance o Relocation Assistance: Special Circumstance Senior Consideration: III This category is designed to address specific residents that meet the following criteria: Residents older than 65 years of age as of the approval of the Tentative Map application. Residents residing at the property prior to the initial 60 Notice ofIntent to Convert sent on October 27, 2005 via certified mail. Considering the above qualifications,five residents qualify for long term tenancy at the property. Resident Assistance o Relocation Assistance: Special Circumstance Senior Consideration (cont.): iii How this will work? At the time when condominium units are marketed for sale,the five long term senior rental units will be purchased by the Town as part of the eight code-required EMP transition.The five units will then be rented to the residents at their then current rental rate with an annual 3%increase.The remaining three EMP units will be sold in accordance with the Town's EMP Guidelines.As the five units are voluntarily vacated,the units will be integrated into the Town's EMP for-sale housing stock •••Resident Assistance o Relocation Assistance: Hardship Category: $Defined as: Disabled Households,as defined under the Social .Security Act,and who cannot physically prepare for a move Low-income Households,as determined by income limits as determined by the State of California Housing Department,County of Santa Clara,with tenancy prior to the Developer giving the 60 Day Notice ofIntent to Convert the apartments to condominiums,and unable to reasonably locate replacement housing. '"Benefit: Coordination -identifying a satisfactory location Moving expenses,including the packing,relocation, unpacking and waste pick-up,will be paid (within 10 mile radius). An additional monetary supplement of $3,000 Resident Assistance o Relocation Assistance: General Assistance Category: ~Defined as: Senior Households at 70 years or older irregardless of move-in date. All Residents who have lived at the property prior to the 60 Day Notice of Intent to Convert was implemented. All Single Parents of children younger than 18 at the time of relocation irregardless of move-in date •Benefits: Competitive rental guide of comparable properties which will include address,current rental rates and other pertinent terms and conditions. Monetary supplement of $2,000 State Requirements Summary o California State Law (Government Code Section 66452.8) requires that all residents that do not receive the 60 Day Notice of Intent to Convert are entitled to: '"Actual moving expenses incurred when moving from the subject site,not to exceed $1,100. ..A portion ofthe first month's rent on the tenant's new rental unit,if any,immediately after moving from the subject property,but not to exceed $1,100 o Bay Tree prospective residents have been receiving this notice since October 27,2005. o The Resident Assistance Program outlined above goes well beyond State requirements. Parking Site Plan for Condominium Purposes Bay Tree Condominiums 347 Masso.Avenue Los Gatos,CA 95030 510-13-004 D£NN1S VARNi= ~10_58_005 DE:NNls STRAUSL o o I "''"Io '" O:WM fH MASSOL A,\'ENUiJE (A I'UHUC 5JRITT) ""x~u 00 Z>,n: ""~z 10."~n:: \26 "'~"e;DI ,. "'"" I," DRIVEWAY 510-14-064- GATITO ENTERPRISES LLc Original Parking Supply 56 Spaces (#1-56) Proposed Parking Supply 42 Spaces (#57-98) ATTACHMENT 7 ( Bay Tree Condominiums Resident Assistance Programs Prepared by: Ron W.Cole (949)838-1221 LYON CAPITAL VENTURES 8/6/2008 Page 1 of 5 ATTACffilENT 3 The revised Relocation and Homeowners Assistance Programs constitutes the basis for an agreement with the Town of Los Gatos. Qualified Residents are defined as residents who reside in a unit at the time of receipt of the 180 Day Notice of Intent to Convert,pursuant to the provisions of Section 66427.1 of the Government Code. To facilitate in the resident assistance process for all Qualified Residents, the Owner shall engage an individual or firm to act in the capacity of "Relocation Coordinator."The Relocation Coordinator shall be the primary coordination and referral point for all Qualified Residents during all phases of the relocation process.The Relocation Coordinator will also work with the Owner to identify those Residents who would like to pursue the purchase of their unit through the Purchase Assistance Program outlined later in this document. Relocation Program: The Relocation Coordinator shall survey all Qualified Residents to determine eligibility for Relocation Assistance as designated below. I.Special Circumstance Senior Consideration: This category is designed to address specific residents who meet the following criteria: A.Senior Households with residents 65 years and older as of the approval of the Tentative Map application. B.Senior Households with residents residing at the property prior to the initial 60 Notice of Intent to Convert sent on October 27,2005 via certified mail. C.Senior Households with residents meeting the above qualifications and maintaining continuous residency at the property. Considering the above qualifications,five residents qualify for long term tenancy at the property. Therefore,at the time individual condominium units are marketed for sale,the above residents will be allowed to remain in their units until they voluntarily vacate their units. 8/6/2008 Page 2 of 5 How this will work? At the time when condominium units are marketed for sale,the five long term senior rental units outlined above will be purchased by the Town as part of the transition to the eight code-required BMP units.The five units will then be rented to the residents at the then current rental rate with annual increases to be determined by the Town.The remaining three BMP units will be sold in accordance with the Town's BMP Guidelines.As the five units are voluntarily vacated,the units will be integrated into the Town's BMP for-sale housing stock. II.Hardship Assistance: The Relocation Coordinator shall develop an Individual Relocation Plan, including any related recommendations for any household that meets one or more criteria.All Hardship household's Relocation Plan findings and recommendations shall be provided to the Town's Planning Staff within 45 days prior to the marketing of any unit(s). A.During the initial survey/interviewing process,the Relocation Coordinator shall determine whether Qualified Residents meet one or more of the Hardship Criteria defined below: a Disabled Households with a disabled household member,as defined under the Social Security Act,and who cannot physically prepare for a move a Low-income Households determined by income limits as determined by the State of California Housing Department,County of Santa Clara,with tenancy prior to the Developer giving notice of intent to convert the apartments to condominiums,and unabie to reasonably locate replacement housing. B.Moving expenses,to be paid by the Developer,for the Hardship households shall include: o Packing the residents valuables o Actual cost of moving belongings to a location within 10 miles from the Bay Tree Apartments o Unpacking if so desired C.Additional relocation assistance for those Hardship residents will be provided,in the form of a monetary award within 10 business days after the relocation has taken place,the sum of $3000 (three thousand dollars) to assist with security deposits and all other related moving expenses. 8/6/2008 Page 3 of 5 III.General Relocation Assistance: A.During the initial survey/interviewing process,the Relocation Coordinator shall also determine whether Qualified Residents meet one or more of the following criteria defined below to qualify for General Relocation Assistance: o Senior Households at 70 years or older irregardless of move-in date. o All Residents who have lived at the property prior to the 60 Day Notice of Intent to Convert was implemented. o All Single Parents of children younger than 18 at the time of relocation irregardless of move-in date. B.Relocation assistance for those who qualify will be provided,in the form of a monetary award within 10 business days after the relocation has taken place,the sum of $2000 (two thousand dollars)to assist with security deposits and all related moving expenses. IV.Other Relocation Assistance: A.The Developer shall provide notice to prospective residents w move to the project that a condominium conversion is underway.This notice shall also be provided to the residents,in writing,at the time a rental agreement or lease is signed.Under Government Code Section 66452.8,any resident that does not receive the notice at such time and who does not purchase their unit,shall be entitled to an amount equal to the sum of the following: o Actual moving expenses incurred when moving from the subject site,not to exceed $1,100. o A portion of the first month's rent on the tenant's new rental unit,if any,immediately after moving from the subject property,but not to exceed $1,100. V.Terms of Relocation Assistance: A.Resident must be in good standing with the terms and conditions of the lease agreement that they signed with Lyon Management Group,Inc. B.The assistance outlined above is allocated on a per unit basis. C.Residents must maintain continuous occupancy at the property to qualify for any of the above mentioned assistance programs. 8/6/2008 Page 4 of 5 Proposed Homeowners Assistance Program For the purposes of this program,a Qualified Resident is defined as that resident who resided in the Project unit at the time of receipt of a 180 Day Notice of Intent to Convert prior to termination of tenancy,pursuant to the provisions of Section 66427.1 of the Government Code. 1.90 Day Right of First Refusal to Purchase:Pursuant to Government Code 66427.1 and for a period of 90 days from the issuance of a Final Subdivision Public Report under Section 11018.2 of the Business and Professions Code,Developer will provide all residents with a Right of First Refusal to purchase their unit.All Qualified Residents shall be given notice of receipt of the Final Subdivision Report within ten (10)days of receipt of such report,as provided by the relevant provisions of the cited code sections.Every resident's right to purchase will be at the price units are first offered for sale to the general public.Additionally,the provisions of Government Code 66459 of the Subdivision Map Act shall also apply and tenants occupying a rental unit following Final Map approval for the condominium project shall receive notice and be given a Right of First Refusal to purchase the unit as specified in Section 66459. 2.Qualified Resident Purchase Discount Program:All Qualified Residents desiring to purchase their Project unit will receive a discount equal to five percent (5%)of the price at which their unit is first offered for sale to the general public.The price is established by the Developer for each individual unit plus adjustments based on each unit's views,location and amenities. 3.Reduced Escrow Costs:A single Title Company will be used by the Developer for market rate units to provide reduced escrow fees to current qualified residents purchasing units. 4.Reduced Loan Fees and Charges:The Homeownership Counselor shall refer all pre-qualified residents to lenders that offer reduced loan origination fees,reduced interest rates,mortgage credit certificates or other special incentives for financing. 5.Phase One Pricing:Any Qualified Resident will have the right to purchase a for sale Project unit at Phase One Pricing,regardless of the phase in which the unit is located.Phase one pricing will be those List Prices initially established and published by the Developer for each type of market rate unit in the first phase of Project units to be released for sale at the Project.This benefit will enable Qualified Residents currently living in areas of the Project scheduled to be sold in later phases to avoid paying higher prices due to demand driven inflation 8/6/2008 Page 5 of 5 Meeting Date:8/18/08 Item No.13 Subject:347 Masso!Avenue ATTACHMENT 2 Is available for review in the Clerk Department June 16,2008 To:The Honorable Town Council Members and Town Manager Re:Bay Tree Apartment request for condo conversion De<lr Tlilwn Council Members, As a retail business owner and downtown resident,I am generally opposed to development pmposals in down town Los Gatos that may fm'ther impact the tight parking situation.However,I support this particular project because of its overwhelming merits.The rare opportunity to provide new affordable homeowner opportunities in the downtown is a golden opportunity which should be realized if at all possible.With some creative thinking I believe the issue of parking could be minimized.A few solutions to consider are: "Providing motorbike stalls in lieu of full scale auto stalls accommodating three motorbike vehicles in the place of one single automobile. "Providing covered bicycle loc!,ers for tenants to encourage alternative/green transportation in our community. "Incorporating the Bay Tree/Massol Ave area in Almond Grove Parking District to protect the quality of life for residents near the property. "Require the Bay Tree CC&R's to establish a limit ofthe number of automobiles to a maximum of two per unit. o Require the Bay Tree CC&R's to prohibit commercial vehicles,motor homes,campers and boats parked OIl site. Surly there are other ideas that will emerge from the public forum which 1 have not listed.Considering the opportunity for potential new condo homeowners to walk or bike ride to our down-town destinations,perhaps even bike ride or wall,to work in our down,we could be furthering our "go green"philosophy in Los Gatos.These rare BMP o}lportnnities may be just the rigfrt opportunity for some retiring Los Gatos resident to down-size and remain in the community they love and have called horne for decades. Respectfully submitted by,Teri Hope,down town resident 8<business owner JUN,16,2008 3:42PM AMERIMAC CAL WEST NO,6005 p,2 Ann Cali 26 Rogers Road Los Gatos,California .Mayor Barbara Spector Los Gatos Town Council Los Gatos Town Hall June 16,2008 Dear Mayor Spector and Town Council, I have always loved The Almond Grove Historical District,as have many other members of the Cali family during the more than a century that we have lived in the West Valley. The little brook,the shady trees and the rich mix of home designs where the valley begins its ascent to the hills constitutes one of the most attractive sections of old Los Gatos.All this and within walking distance of downtown makes The Almond Grove a special place to live,as well as an ideal location for the town's first condominium conversion. Please add my name to those in favor ofthe application by The Bay Tree to convert from rental apartments to condominiums. As condominiums,The Bay Tree will offer homes priced lower than any aroundth=, and the Town can add to its stock of subsidized units as well.There will be more parking spaces,a little less traffic in general and a spruced up exterior more in keeping with neighboring single-family homes. You lllay ask why if!love The Almond Grove so much and I don't live there.Well,I might.If 50 condominiums at The Bay Tree come on the market,I will 1)e among those checking them out. ~ Ann Cali Page 1 of 1 »>Timothy Hogan <thogan 1997@hotmail.com>6118/2008 10:37 AM »> I knew r would be unable to attend Monday's town council meeting,so 1 wrote the council ahead of time with my long-time insider's perspective for the condo-conversion project.(See attached letter of 5/27/08.) Having viewed video of Monday's meeting,I have a few comments for you to consider.As I listened to your line of questioning and comments with Lyon's representatives,citizen-speakers and fellow council members,I got the impression you understood the project required fUl1her scrutiny.Especially since you indicated Bay Tree could be the poster-child for future condo-conversion projects. It also was clear from comments,that council members had little/if any firsthand knowledge the Bay Tree property- namely,how it sits/fits in the neighborhood,condition of building,cUlTeo!parking lay-out,Massol street and adjacent LG permit area parking,and the proposed tandem parking plan. With parking being the council's big topic of concern ~and with limited land to work with - I expected the council to reject or take timeout to further review feasibility of the project So I was surprised by the subsequent unanimous vote to allow this project to move ahead. I believe the council was and continues to be ill-prepared to judge the worthiness of this project;for instance,I wonder how many council members have walked the property and seen firsthand what is being proposed. With that in mind,I invite any council member to an individual or group tour of the propetty,including our two-bedroom apartment.If this is of interest,you can reach me at (408)399-5398.Thank you for your consideration.1 look forward to hearing from you. Tim Hogan 347 Massol Ave.,#304 Los Gatos,CA 95030 file://C:\Documents and Settings\jpauIson.LOSGATOSCA\LocaI Settings\Temp\XPgrpw...06/3012008 Page 1 of I Joel Paulson -Thanks! From: To: Date: Subject: "ME Kaschub"<mekaschub@comcast.net> <mwasserman@losgatosca.gov> 06/19/200810:53 AM Thanks! Mike- Thanks for stopping by yesterday.I enjoyed our visit and talk -on sports,kids,Trojans,town and,of course, issues of best practices and Bay Tree. I appreciate your taking the time to drop by,listen and that we could have an intelligent discussion about some of the issues. A couple of thoughts on Parking (which we never got to since I was process focused yesterday!): My sense of this project is that the decision to approve this conversion has really already been made,although not yet formalized.As you know I don't like the process which has appeared to be a "rush to condo-ize"without thoughtful considerationlinformationldiscussion on all the issues involved in this condo conversion.My final vent (maybe /)...It's kind of like ..."Let's let big box developer Lyon get by with this one because there is some town sentiment for "cheaper"condos so people's relatives or future retired selves can live here -and then we'll really look at the issue.".It makes me sad that this project has had less discussion than challenged ordinary house remodels! Well now back to PARKING ..........And concerns I have: Given that Lyon has already restriped and has been using 83 parking spaces for Bay Tree residents for a while now,they get to their total number of 93-94 by adding 10-12 more tandem spaces.These additional spaces are acquired through more tandem restriping which will have the cars in those future spaces stick out well into the driveway and well beyond the building roof line.It appears that these added spaces will encroach into the fire lane - My queries: Who actually goes out and checks the legality of this "parking plan"against their drawings? Does the fire department check this plan also? What's to prevent potential new condo owners from claiming their one or two HOA "approved"space(s)and then parking their additional car(s)on the street? Guest parking in this high density project can be considerable -what's the accommodation for that?,. What's a "best practice"parking solution? This is not just "parking,"this is managing high-density resident parking in an old,historic neighborhood and ensuring quality of life for all. These are my thoug hts to date - On a personal note - I hope your daughter is home now and resting in the tranquility and support of the Wasserman nestl Best, Mary Ellen file :lIC :\Documents and Settings\jpaulson.LOSGATOSCA\Local Settings\Temp\XPgrpw...06/23/2008 Li!!.612~120~8)JoEl.1 P§ll.llson-ReAc;tLl.<3Ip;p<3~~entYacancy ..Page 1 . From: To: Date: Subject: Greg Larson barbara4Ig@comcast.net,carlademos@hotmail.com 0612412008 9:28 AM Re:Actual Apartment Vacancy Dear Ms.de Mos, Thank you very much for the information you provided to the Mayor As I am on vacation this week,I have forwarded the information to our lead staff working with the Bay tree property owner to better define and strengthen what their proposal is for support to and relocation of existing residents on their property. We are requesting that the Bay tree property owner begin comprehensive discussions with the current residents to facilitate whatever changes,if any,may be required. Thank you again for your information. Greg Larson Town Manager Greg Larson »><barbara4Ig@comcast.net>06124108 9:18 AM »> Dear Ms.de Mos, Thank you for taking the time to obtain the data on apartment vacancies and rental rates.By copy of this email,I am forwarding your information to Greg Larson,our Town Manager. Regards, Barbara Spector Dear Mrs.Spector, During last Monday's meeting it was said that there were plenty of comparable apartments for all the residents of the Bay Tree to relocate to.That is simply not true. Most of the residents that have been living in the Bay Tree for 3 or more years are paying from just under $1500.00 to $20001month for large,airy apartments with huge balconies and lovely views and grounds. My neighbor Martha McGraw (a senior citizen)and I went out the very next morning to find out for ourselves.We visited two of the apartment complexes mentioned during the meeting. First we went to Maison Masso!.We were told by Laura Lyle,resident manager,nothing was available until September,a 2-bedroomI2-bath for $2445.001mo.She told us they had a waiting list for the 1- bedroom units ($1850.001mo)and the 2-bedroomI2-bath ranged from $2295.00 to $2495.00.She also said they only turn-over is minimal,an apartment or two every 3 or so months.This is a very different story than what we heard during the meeting.It was stated that there were comparable units at Maison Massol and they had 7 available and had 50%turnover per year. Then we went to the other apartment complex mentioned during the meetings,Tamarack,and spoke to the resident manager and toured both a 1 and 2 bedroom unit.They had one 2-bedroomI1.5 bath ($2095.00)available and two 1-bedroom/1bath ($1695.00).So more reasonabley priced but...there is only one laundry facility which is down a few flights of stairs and all the way across the parking lot.Martha has mobility problems and this was difficult enough for her to negociate without a laundry basket.Also the style of the building is much more reminiscent of a roadside motel,go have a look and see if you could call that place 6homeo. We didn't go to Town Terrace because for Martha it was too far away from the town center. As you see,the information given during the meeting was deceiving.Also,how was the figure of 5% vacancy worked out and what constitutes a vacancy? If there are waiting lists for apartments in Los Gatos,that indicates need for more rentals not less Thank you for your attention, Sincerely, Carla de Mos (408)395-2506 The other season of giving begins 6/24/08.Check out the iJEm Talkathon.Check it out! Page 1 of 4 Joel Paulson -RE:Process,Condo-conversion From: To: Date: Subject: CC: Greg Larson Barbara Spector;ME Kaschub 06/2612008 9:07 PM RE:Process,Condo-conversion Diane McNutt;Joe Pirzynski;Mike Wasserman Ms [(aschub, Thank you so much for the additional information in both of your e-mails. it is very helpful. I am on vacation as well this week,but have forwarded what you provided to the staff who are directly coordinating with the property owners on the additional information and efforts requested by the Council. Thank you again. Greg Larson Town Manager »>"ME Kaschub"<mekaschub@comcast.net>6/2612008 7:02 PM »> Dear Barbara: Thanks for your answer -from Italy no less! To answct your query on the misinfonnation and/or mis-statements given at the June 16th Council meeting,let me list three. PARKING Lyon presented their current and projected parking space numbers as 56 and 92 respectively saying they would achieve a 61 %increase,Mike asked if there were 56 spaces now,Ron Cole said yes with the inference being 37 would be added.On the assumption that 37 would be added in the future, Council discussion proceeded. REALITY:They are currently using 83 restriped and tandem spaces.Of the additional 10 to be added and shown on their plan,8 are tandem and would extend too far into the drive unless they plan to demolish storage units and a walk in that arca (bldg.A) Parking issues for both Bay Tree and Street parking are listed on the, forwarded separately,email from Wil Houde,315 Masso!. RENTAL VACANCY IN LOS GATOS When asked if Los Gatos keeps rental vacancy rates,Bud Lortz answered no. When asked to estimate the rate~he guessed 5%. REALITY:Five percent would be approximately 230 empty apat1ments and is not accurate and misleading.The Los Gatos vacancy rate is more like 1- 2%. For example,Palo Alto measures its vacancies by getting a report from PG&E twice a year on all its apartments.[f the electric meter is not t1 sp inning,"the apartment is counted as f1vacant.H The last rate was 1.75°/0 in December.No condo conversions can be filed unless the rate is over 3%. RENTAL RATES The Maison Massol vacancy was given as 7 apartments by their apt.manager and stating equivalent rents to Bay Tree.Maison Massol rents (I and 2-bcdroom)range from $1850-2500 per month. file://C:\Docmnents and Settings\jpaulson.LOSGATOSCA\Local Settings\Temp\XPgrpw...06/30/2008 Page 1.ot 4 ,. REALlTY:Maison Massol has very low turnover;one two-bedroom unit will be available in September.There is a waiting list for one-bedroom units.At Bay Tree,rent ranges from $1500 -$2000Imo;Bay Tree corporate rentals (refurbished apartments)are $2900Imonth. In addition,for best practices in renter protection during condominium conversions,Palo Alto condo conversions set the following standard . .Renters 60 years or older are offered a life-time lease .Renters with over 10 year rental history are offered a 10-year lease . .There are detailed covenants on these leases and tenant protections. I give you this infonnation because I believe it is importilnt to make decisions on the facts and not inferences.I trust this infonnation will be woven into future research and discussion at the next Council meeting in August.I am not against the concept of condo conversion per se.However, I want it to be neighborhood enhancing,done humanely and done within newly developed condo conversion guidelines. Respectively, MalY Ellen Kaschub Attachment:Email from Wil Houde forwarded as separate document -----Original Message----- From:Barbara Spector [mailto:bspector@losgatosca.gov] Sent:Wednesday,June 25,2008 ]0:37 PM To:'ME Kaschub' ec:Greg Larson Subject:RE:Process,Condo-conversion Dear Mary Ellen, Thank you for your email and,yes,I am on vacation but wanted to take some time to respond.Staff continues to work on the Bay Tree application and by copy oFthis email,I will share your concerns with the Town Manager. As Mayor and therefore chair of the council meetings,I am required to balance many interests with the objective of conducting the best meeting possible.In so doing,I am mindful of the residents who wish to speak,of the applicants,of the number of hearings on our agenda and of providing time for council consideration.On June 16th the council had begun its meeting at 5:30 p.m.and did not conclude its work until approximately 11:40 p.m. You mentioned that the council had misinformation at the time of its deliberations.I would urge you to submit any clarifications to me,the other councilmembers and to town staff. file:/lC:\Documents and Settings\jpaulson.LOSGATOSCA\Local Settings\Temp\XPgrpw...06/30/2008 Page 3 of 4 Once again,thank you. Sincerely, Barbara From:ME Kaschub [mailto:mekaschub@comcast.net] Sent:Wednesday,June 25,2008 4:55 PM To:bspector@losgatosca.gov Subject:Process,Condo-conversion Barbara - I called your office last week for a time to meet and learned you were on vacation -a well-deserved one I know.I trust it was great. I'm resorting to email because at the moment I am disheartened and disillusioned.The process on this condo-conversion was so anti-what I've always felt Los Gatos stood for -careful study of projects and open discussion of the issues with all the constituents involved before actual hearings.In this case,how the Town operated and how quickly this Lyon condo-conversion was pushed through was stunning to me and many others in the room. The process at the hearing itself was very disenfranchising to those of us who had only two minutes to speak and then watch as the Council discussed several issues with,particularlythe Lyon representative,where misinfonnation was both given and inferred and there was no way to rebut facts being presented incorrectly. I think this town's rush-;-to-condo conversion ofa $25-30 million project in historic Almond Grove,and accommodation of Lyon on every exception,has been short-sighted and for me as a town-involved citizen,tfU.!Y disiHusioning.What most disturbs me is that the Town didn't hold this project back long enough to give all the stakeholders due process and develop intelligent condo-conversion guidelines before proceeding with review and.then approval. As a former corporate communications executive,the current town procedures for gaining input from citizens (letter and 2-3 minute comments)is a one-way system while,in this case..the developer and his support team dominated the infonnation flow. file://C:\Documents and Settings\jpaulson.LOSGATOSCA\Local Settings\Temp\XPgrpw...06/30/2008 Page 4 or 4 -I ~1'. I thank you for slowing down what seemed to be a move for unconditional Council approval.You and Mike appeared to be the voices of reason.I hope that "best practices"will be studied carefully for the open issues of tenant protection and on-site parking,and perhaps reconsideration of the vote taken on June 16. Sincerely, Mary Ellen Kaschub 320 Massol 399-0153 file:IIC:\Documents and Settings\jpaulson.LOSGATOSCA\Local Settings\Temp\XPgrpw...06/30/2008 Page 1 of 1 Joel Paulson -Fwd:FW:347 parking/Condo conversion (attachment) From: To: Date: Subject: Greg Larson Bud Lortz 06/2612008 9:03 PM Fwd:FW:347 parking/Condo conversion (attachment) »>"ME Kaschub"<mekaschub@comcast.net>6/26/2008 7:04 PM »> Below email is included as the attachment to Barbara Spector response from ME Kaschub as noted -----Original Message----- From:Wilfrid Houde [mailto:wiIl937@comcast.net] Sent:Thursday,June 26,2008 5:25 PM To:ME Kaschub Subject:347 parking ME, Here are the points abollt parking. I)They have tandem parking in two buildings.Bldg.B &Bldg G.The proposed tandem parking in Bldg.A is very questionable since it would invade into the fire lane if given the full 36 feet for t\No cars as required. This an unworkable situation if the two bedroom unit is in Bldg C or Bldg E ..nobody will walk around the complex to park a car.As indicated by the present tenants comments. 2)The tandem spaces are a total ofJl feet in length.5 feet short of the requirement of 18 feet per car. 3)lf the tandem spaces were the required 36 feet in length it is questionable as to whether the fire lane would be wide enough. 4)The tenants we have talked to who are now living there indicate that parking in the complex is inadequate as is. They are forced to use the street. 5)Just in the last week three autos were marked for being longer than 72 hours on the street.In fact they were parked there for over 7 days. 6)Insufficient parking will leave a continuous contention between the neighbors and the complex for the foreseeable future.The big question is who will police the parking?The neighbors of course. Cheers, Wil file://C:\Docurnents and Settings\jpaulson.LOSGATOSCA\Local Settings\Temp\XPgrpw...06/30/2008 Re:Yukes ...I'm being forced to move out'" »>Natalie ladd <natalieladd@verizon.net>6/27/2008 12:20 PM »> Hi Mike, Page 1 of I Hope all is well with you and your family.Long time no see.[feel bad emalling you only when I'm in need of help,so my emailing in advance.I need to bring something to your attention. I live in the Bay Tree apartments that are requesting to convert to condo.I'm not low income and 1 can't afford a 600K condo as a single mom.What do I do.I've lived in los Gatos for 10 years and 8 years in the Bay Tree apartments.I've raised my kids here and can't imagine Ilving anywhere else.We don't want to move out of Almond Grove. I don't want to move to Blossom Hill or Town Terrace as it is not comparable to where we live.There are a few apartments off University that is NOT as big as my place.I don't want to live in a house because I don't want all the stuff that goes to maintaining a house.I like living here and I DO NOT WANT TO MOVE!!! I sold my house in San Jose to become a renter in Los Gatos so my kids can have a better education and life style then I did.Wow,what a struggle It has been to afford to live here as a single mom.Wow,what great kids I have that IS a result of Los Gatos.I'm no where near low income but have somehow managed to keep my family here. Other then not wanting to move,there are so many issues I have against this conversion such as: I.Parking:This is huge.I live way in the back and would hate to have to walk through the complex and down the street with my brief case to get to my car.I would not be able to have visitors if there is no visitor parking.Our streets would become busy. 2.Vacancy:There is not a vacancy rate of 5%in Los Gatos and will gather the info to prove it.I would not want to live off Carlton or Town Terrace (no offense). 3.Affordable Housing:The low income folks that do not live here already would be able to live here but I can't?I've lived here for 8 years and I have to move.Not fair at all. 4.Senior Citizen:There are seniors that have lived here for 30 years.There are seniors that have lived here a couple of years but want to be close to their families and have a higher standard and like living at Bay Tree as it is nicer then most places in Los Gatos. 5.Relocation Allowance:J've heard that they are offering $500 which is ridiculous.That is the cost of the moving truck and gas. Palo Alto has a Condominium Conversion Ordinance and Los Gatos doesn't.How can we consider such a conversion without an ordinance in place?We will be mistreated in every way pOSSible.I say this from my experience since Lyon Management purchased Bay Tree. 6.Neighborhood Compatibility/360-degree Architecture':I live here and know what is going on and most of it is patch work. It is not a 360 degree turn. 7.Ethics:Lyon Management started construction for 6+months with NO permits in Los Gatos.When the LG permit dept found out they put a halt on construction until they got the permits.That alone tells you their ethics and the do whatever they want and when they want until they get caught.Some of my neighbors moved out and Lyon charged the previous tenant the carpet cleaning fee out of their deposit and renovated the apartment one week after they moved out.Why would a huge corporation charge carpet cleaning fee and then tear out the carpet.This Is only the icing on the cake.I could go on and on,on this subject. 8.School:If forced to move,our kids might have to change schools if we can not find housing in the los Gatos School District. Will we be given approval to stay in the school district if we move out of the district.This is unfair to our children. There are more and more reason and am sorry for this long email.I just can't image haVing to move out of my home with a 30 days notice.This is not part of my parenting plan.PLEASE DO NOT APPROVE THE CONVERSION!!! Please give me a call if you want to call or email me.Thank you for taking the time to reading and understand the dilemma I'm in. Warm regards, Natalie Home 399 -0585 Cell 761-0030 tlle:lIC:\Documents and Settings\jpaulson.LOSGATOSCA\Local Settings\Temp\XPgrpw ..07/07/2008 July 7,2008 ~of C<rfo .!&~~//ule 7/1'-1 jog- TO:Bud Lortz;Greg Larson;Joel Paulson;Barbara Spector;Mike Wasserman; Diane McNutt;Joe Pirzynski SUBJECT:Parking -347 Massol Ave.,Condo Conversion Town Council Meeting,August 18,2008 This letter is in response to the Town Council's request for interested parties to suggest parking options left open at the June 16,2008 meeting. PARKING This letter and exhibits will serve to (1)address the parking issues surrounding the proposed conversion of Bay Tree (347 Massol Ave.)from apartments to condominiums and (2)propose,in the alternative,a parking system ceding 20 spaces on Massol Ave.to Bay Tree condominium residents with restrictions.Providing (2)does not in any way change my position and the position of affected neighbors that the gifting-over of public streets to Bay Tree violates existing parking regulations as applied to condominiums specifically and to "apartments"generally. (D)Parking The Town Code requires three parking spaces for condominiums which equals 168 spaces for the project.The complex currently has 56 spaces.The applicant proposed to provide 36 additional parking spaces,including 20 tandem spaces which are not permitted by Town Code (see Exhibit 5).The proposed total of 92 spaces will not comply with the Town Code requirement.Planning Commission Staff Report, Page 5,347 Massol Avenue,April 23,2008. With the 20 violative tandem spaces in the Bay Tree proposal the unit to spaces ratio is 1:1.6.Without the 20\vi'oliltive;'tandem spaces,the same ratio is reduced to 1:1.3.Both ratios are way off the only Town parking guideline applicable to condominiums of 1:3. Attached (Exhibit A)is a copy of Town Council Resolution No.1973-72.The Resolution is the final ruling on an earlier proposal to convert Bay Tree apartments to condominiums:Paragraphs 3 and 4 address the parking issue:The logic is still persuasive. The developer in this instance has increased the old 1:1.08 only by restriping and jamming in spaces to increase toddL6'or 1:1.3,both of which are not only absolutely low for the density of Bay Tree and grossly low when compared to the 1:3 required by the only parking ratio in the Town Code specifically applicable to condominiums. What's a developer to do?I suggest the same resolution required by other towns and cities in The Valley:it must redesign Bay Tree to reduce the number of units,"density," to a level that accommodates parking requirements of the Town Code. William J Kaschub -----------------------_.--.------------------ From:William J Kaschub [wjkaschub@comcasLnet] Sent:Sunday,June 29,2008 7:01 AM To:Wil Houde (wil@houdefamily_com) Subject:Condo Resident Parking Permits (CRPP'S) Conditions of CRPP: -require a condo and CRPP sticker -no visitor passes for any CRPP -no CRPP issued to any condo with tandem parking -no condo unit gets more than one (1)CRPP -same 2-hr_"daytime"parking restriction in CRPP zone -immediate "nighttime"towing of any vehicle without condo and CRPP stickers CRPP parking on Masso!bounded by: -347 south driveway to RL 9 (as far as practical and safe) ·320 south dr'lveway to RL 9 (as far as practical and safe) Regular/homeowner resident parking: -extended from south driveways of 347 and 320 to the east and west corners of Bachman -extended to Massol on both corners of Almendra Estimated CRPP parking;twenty (20)spaces 7/5/2008 !K~',l[4iil(,!f;\\\)~I V E,I.A.J A'{S CR.\'\' ~~!:¥~~\::X\SIING-'RES IOEr-.JT t>ARKlt..JG- 'j\"'fji;;~{%~,¥,~'C W R E.S \t>E..l-J T t;:';>A-A k I ~G-- RESOLUTION NO.19)]-72 RESOLUTION AFFI RMING PLANNING COMMISSION DeNIAL OF APPROVAL OF A TEN1'ATIVE MAP - SUBDIVISION APPLICATION M-73-B. v{HEREAS.on May 2 ,1073 the Planning Commission delli{·~d the l3ay Tree Apal'tm~nts,3t~7 Massol Avenue,in Proepl2ding t-1-7"1-R, and the appeal of the applicant,StoTIf!wood Properties C\lmpany, Yrnrn thf'det.:']sjoTI was heard and considet"Nl JlffiC Lt,19r~,and testimony received concerning the matter Hnd guod ei::l.tls<" appe~lring thp.re for , RESOLVED 1 the Town Council of th{~Town of Lo:::;Gn tOD l':i.nd~-:" 1.The prl)post~d map is inconsistent with the r,f'neral l~]aTl of the Town of Los Gatos jn that the design and "improveffit->nt:,; rflveal a ru!llsity j.n excesS of 12 dWelling Lmits pt't'ncr!:.'. 2.The proposed map is inconsistent w-jth th(~appljl~alJl~' specific plans ill that the dens:ity shown is in eXCE!SS of that perrllitted in the R-tvJ:5-l2 zoning district .. t@~i~Kl[~~qgts.~~"J'&'tildi$~ffi\P1;r~~~b*fl!t;;jJDJGil!@l~';iIW:~fqm1.lfu9.li11tllil:tl?fZl~'UillTi~1~5.1.r ~_gl§~~~lf§l'g.~~"'f::t.i~\~l;r;JI:~1iLaIr:§1'i!~~ij!!~~f;1~PAt~it(ff~iiiQ::tTiTh'if;f,t§[~~K5('t~~~l1~~{ililr;' j~!:~*~~~~J~W :~~,:~-~:.~.1lflil~]If'd~i§;lli:gLti£all&{t~tl,~1ff~~~fuh1ifit~;:~~'F1:fs;S1~WBi0it¥.lg~I:!G!}1'1~~'ii- ~._.,,....,..,,r.~,,.-&Y:~r:f·~,;i':'}t~',--1'""'~~~~]'C.i~m.~~f.\\Ji'f1"5,'£-,".,=---,·~-;1"'=.""'61'iil.,.-*",;m.,"';;Y,;·T;",,~.':""'·'m."'T:£!'~~i~f1rU~W.I.':.~JictFII:!:.?-<me:FlS'il)l:.:Y.&t0;t;,.'4t e:'Ue:1.ll;(.lpnle'.ll.ll3§ilillliKtt?lait:+':f,tllrrCi!U'!t'l{;.~ms~-mJl:"'-:'':- Hlr.'OXt:1iiSro~if~~t\"t1flli~@l(#&V:rJ§m\!tL~g:i5~l.ili~jjh~mt:h\'5~¢Y'@s,ctiht1iWfft~l\ttr~:iJm'p';nlm@:-rr"~~;n",'~=-~..---_..._,.-.'<~"'7',.-~,"".="·...""';;;"-j<y"""'.,=<.'''''='~'''..."G-.,.....",..''·-'''\~~A'-';,_.,£·l.''''·;;?,,_Mf;ig:!;;;..,,,,.,~· ~q:~Jl~~~~1~il'~lfiQ:Q~s!S;7.,H~j~Wmtr>~~i5~~%~~W§f~i~Ifi1t1~llfuiHjatf~1lIlli:%lIf~~1fJ',;' ~J.,~~(cif;[ffJ1Vw:~a.Willj~ss~~.frJ~1'~km'tr~,J~Il~~1f~ThfiU~:Wii@M,wM~~gill1'.¥/ 5.The design and type of imprO'vl2ments are n~ither 'sllitabl~~ For'the type and density of development nor consistent wt·tl1 applicable spl'!cific plans in tha t minimlml building separa ti un requirements are llot met in-at least S£-1vcn instanCE!S and the drawings do nnt adequately Fihow building t't!lationships to J:Jl'r.nri t -1- a determination of whether there are additional,s.tmilar.failures to comply wi'th precise plan standards. (i.The design and improvements are nut sllitabh~for th('~typ(~ and dr>nsi ty of the development in that they do not cumply with specifiC!plan requirements concerning h(,~ig~t and setbaekB. 7.The design and improvements are nnt sui table for the type and density of the development in tlJat they fail tu show suffic:lf!nt provision for the storage of personal pr(lp~rty associated wi th owne r-occllpied dwe llings. H.Condominium·conversion of the proje~-t woulll result "in an actual increase in population density and vehicular LISP. l).Condominium conversion of th~project would cause a reduction in available rental and senior citizf.'ll housing in thr~ Town of Los Gatos. 10.The grotUlds speeified in the Planning Conunission act:iofl dt~l1y.i.ng approval of the tentative map are incorporatr~d by re-[0-rP.nce. FURTHER RESOLVED l the action of the Pla.nning CUl1l1njssirnl is af"firrred and approval of the proposp.d tf2l1tat.1.w-'map is delTieu. -2 - PASSED AND ADOPTED at a __...:r...:e"9,,u...:l...:a.:.r rmet"i fig D[ the Town Council of the Town of Los Gatos held Qn the ~ day of June AYES: NOES: ABSENT: COUNCILMEN CDUNCILNEN COUNCILNEN 1973~by the following vote: Charles E.DeFreitas John B.Lochner Mark B.OiOuca None Ruth Cannon ATTEST: SIGNED:NAYOR OF THE TOWN CLERK -~--\' (~J;~~:.~~'?V~~/iTOS -3- RECEIVED JUL 1 4 2008 TOWN OF LOS GATOS Mtlf\!t~('t&h~I,SiON Thank you for discussing with me the various "levels"available,in the event the Lyon proposal is approved Town Council,to obtain a related Town Council vote that would require owner occupancy of all units for a period of three (3)years from the initial sale of each unit.A covenant would attach to each unit even if there are transfers of ownership within the three-year period. If in fact there is a demand backed-up for "empty-nesters"and "first-time buyers",this provision would not be a burden.In absence of such a provision,all that would be accomplished would be to substitute higher-priced rentals for current lower-priced rentals as new owners buy-to-rent. As I understood them,you gave three options to accomplish this limitation: I.A required covenant in all Bay Tree deeds that would be mandatory in the first sale and remain attached for three-years regardless of the number conveyances within the three-year period. 2.A CC&R that would impose the same limitation. 3.A mandate to include the same limitation in the Bay Tree "owners'association rules when created. You indicated that the Town would not want to become an "administrator."If that remains the Planning Department's position,the best way would be covenants that "run with the land"or in this instance,with each condominium.Each sold unit would have the three-year restriction in the deed and would make all potential buyers aware of the restriction.There would be no administration required even if a unit is sold one or more times during the three-year period. In short,I would prefer Option 1,a three-year covenant that runs with each unit and would be required in any sale of all units. Notwithstanding my preference and,again,if the conversion is approved,I believe some three-year restriction is in order and remain open to further discussions as to how that restriction is posed to the Town Council. Cc:Greg Larson;Joel Paulson;Barbara Spector;Mike Wasserman;Diane McNutt;Joe Pirzynski NOTE:Please see check for additional emails with 3 related photos on Bay Tree parking. July 23,2008 To:Barbara Spector Mike Wasserman FR:Tim and Frenda Hogan Bay Tree Apaltments 347 Massol Ave,#304, Los Gatos RE:Bay Tree Update First,thank you for visiting our apmtment at the Bay Tree.With the ball in Lyon's COlilt to present its plan for additional parking and the relocation of long-term tenants,I wallled to give you an update. Communications Following the June 16th Town Council meeting,Lyon has not communicated with Bay Tree tenants about the status of the planned conversion. Parking Proposal Last week a Lyon representative and a contractor stood in the drivcway outside our bedroom windows,discussing how to create additional parking with the adjacent parkway planter area. (Please see photo attachment # I of fire-lane,parkway planter and bedroom windows.)If Lyon intends to extend the current parking structure to this area,it would dramatically restrict light and air flow to our unit --our bedroom widows are street-level and face the driveway/parkway.For health and aesthetics,I would hope the Council nips such a plan straightaway. Lyon's First Stab at Adding Parking Spaces (Affects units #404 and #504) Soon after Lyon purchased the Bay Tree propelty,it put conversion plans in motion.(Please see attached letter to Town Council of 5/27.)As units became vacant,Lyon remodeled using inexpensive labor and flash-amenities.These units were then leased at a considerable rental increase ($3,000 per month and upwards for a two bedroom unit.)As pa,t of the package,tenants of remodeled units were offered two parking spaces:one in a present covered carport,the other, in the driveway -some created by reelaim ing land from back yard patios facing the d,·iveway .. (Please see Photo # 2 of 2 ft.space between window and fence for unit #404 and Photo #3 of how parking space and fence have cut into patio of unit #504.) I am counting on council members not to rely entirely on city planning maps to evaluate Lyon's additional parking proposals.An onsite visit by council members with maps will provide a much clearer picture of what's been done to create additional space and how targeted areaS would be affected by Lyon's proposals.(Please see 3 attached photos.) Relocation for Long-term Tenants At the June 16'h Town Council meeting,Lyon named various local prope'ties as possible relocation sites for long term tenants.Lyon also stated these properties were comparable to Bay .Tree --size,amenities and rents.But this is incorrect.In the case of Maison Massol,the "comparable"rent mentioned was based on rental rates for the more expensive Bay Tree renovated units or around $3,000;not the rental rate for Bay Tree long term tenants (around $2,000 for two bedrooms).Future discussions of relocation must be an apples to apples comparison and list complete details: -location to city center -rental rates -amenities (patio,balcony,laundry,pool) -suitability for families with children and elderly. Th"nk you for your consideration.I hope these comments will be useful for evaluating Lyon's proposals. Sincerely, Tim and Frenda Hogan Bay Tree Apartments,#304 May 27,2008 To:City of Los Gatos,Planning Commission FR:Tim Hogan Bay Tree Apal1ments 347 Massol Ave,#304 Los Gatos,95030 RE:Bay Tree Apartments Condo-Conversion Our family of three has lived at the Bay Tree Apattments for more than five years.As a Resource Specialist teacher with Moreland School District,working with elementary school children with learning disabilities,our apartment works well for our current situation:reasonable rent (approx. $2,000),nice neighborhood and nearby town-center location.I doubt there are similar rental properties in Los Gatos with such a profile. For the above reasons,we do not support Lyon group's request to conve11 apartments to condos. And while these reasons ce11ainly are personal,they also seem suitable for consideration by the town planning representatives - a sure way to help maintain the integrity of current neighborhood and help to keep some semblance of diversity within Los Gatos. In the five years we have lived at the Bay Tree,there have becn three owners.When the Lyon group took over,it was clear,there was a new agenda:Get top-dollar rents and trim property- related expenses.Tenants realized the following: -units were renovated I,.vhen vacant,then rented at considerable increase (usually for corporate housing or locals while their house was remodeled) -bathrooms were plumbed for washer/dryer hook-ups --even for those units that have not been renovated.So,while we don't want a built-in washer/dryer,we endured a week's construction. -all public area water faucets wcre capped and locked.On request one was reopened so tenants can wash their cars. for vacated units,water utility bills wcre made patt of tenant's responsibility all but two laundry rooms have been closed;rooms were made pa.t of an adjacent unit basic cable service was transferred from propelty to tenant contract. In April,I received a voice mail from a Lyon group representative who pitched benefits of a conversion plan.He mentioned,since we were long-term tenants,we could receive favorable consideration if interested in buying a unit. Well,we are not interested;it's not part of Ollr long term plan to remain in Los Gatos.However,a Bay Tree condominium at most any price does not interest LIS.Like many residents,we consider Lyon group's efforts to prepare::the building {or sale as cosmetic -like lipstick on a p.jg.Consider this: FLOORS Our's is a downstairs unit with carpeted floors.Yet,the floor squeaks as you walk from room to room.Upstairs is a renovated unit with new wooden floors.Even so,we can hear their footsteps ~ and the floors still squeak,too. PLUMBING Plumbing seems to be strained.Recently,our unit and several others have had plugged and backed up drains ..And,when running the shower,the pipes sing. FENCES A walk through the property also will show individual yard fencing and building-siding have spot termite and dry-rot damage.On more than one occasion,I reported termite droppings in our unit- inside and outside.One time,a termite inspection service came,and based on what the service rep saw in and around Our unit,he advised tenting the building.Evidently,that was the end of that discussion. So,yes,we would like to continue to rent our old apartment with termites and singing pipes.If things ever get extreme,we will call in maintenance.However,in the event the committee decides to green light the conversion,I would expect the approval process to include a series of structural inspections.Left unchecked would pass on costly repairs to the condo home-owners' association. I hope my comments are useful for your discussions.If you would like to discuss any aspect of this letter,I can be reached at (408)399-5398. Sincerely, Tim Hogan \. \ ,., To: From: Subject: July 29,2008 Los Gatos Town Council Carla de Mos,Martha Mc Graw Objection to Bay Tree Apartments Condo Conversion ~~~~~w~~JUL 30 Z008 3.~ TOWN F LOS GATOS CLERK DEPARTMENT Dear Los Gatos Town Council, Further to my letter sent to the council on July,2008,we have carried out a more in- depth assessment of rental availability in Los Gatos.Please see the attached table "Los Gatos Apartment Availability Survey July 21-30,2008".We contacted all the apartment complexes listed in the V erizon Los Gatos phone book. The rental availability in Los Gatos is very low.From the 1073 units only 9 were available,corresponding to about 0.8%.In speaking with the various complex managers regarding future availability the outlook is not expected to improve and many suggested adding our names to their waiting list. Not only is the availability at a minimum,the prices of the apartments are at a premium. The reason is simple:high demand.With the economy as it is more people are opting to rent until things settle.Also,as more homes are being foreclosed,more people need rental housing. At a time when more rental units are needed we urge you to reject Lyon's proposal to convert the Bay Tree apartments into condominiums. Thank you for your consideration, Sincerely,_ ~d£~ Carla de Mos 347 Massol Av.Apt.207 Los Gatos (408)395-2506 /J/!aJ--$'·O~~· Martha Mc Graw / 347 Massol Av.Apt.205 Los Gatos (408)395-3617 ATTACHMENT 3 Los Gatos Apartment Availability Survey July 21-30,2008 Complex Address in Los #of Units 2-Bed/2-Bath 2-Bed/2-Bath ]Bed/l Bath ]Bed/]Bath Pets Other Gatos Units Availahle Price Price. Square Feet Price Square Feet Price Aventino 200 Winchester Cr 290 0 1123-1484 2585-3675 750-801 1815-2385 Yes Blossom Hill 1766 Gilda way 93 I 1100 1495 760 1275 No Not walking distance Garden Blossom Hill 110 Oak Rim CT 72 2 1100 1725 800 1325 Indoor cats Not walking distance Terrace Casa Vasona 859 University Ave 32 0 950-1550 1550 1200 1200 No Garden El Gato 18 East Main St 81 I 858 2025-2125 No Furnished Penthouse LaMar 14930 Oka Rd 48 0 825 1600 N/A N/A Yes mavbe 1 avail.In Au oust Lagoon 16945 Robelts Rd 26 0 1000 1700 N/A NA No Lake Yasona 909 Universitv Never called back Landmark 14850 Oka Rd 48 I 700-800 1550 N/A N/A Yesupto 10 2 bedroom/l bathroom Ibs Live Oaks 615 Blossom Hill 54 0 1175 2195 875 1795 indoor cats 2 - 2 bedrooms and 1-I bedroom available in 09/08 Los Gatos 226 Edelen Ave Never called back Heights Los Gatos Oaks 517 Blossom Hill Rd 30 I 1050-1350 1800-2400 650"695 1600-1800 No Maison Massol 121 MassolAve 29 0 2295-2495 1850 No Waiting list for aDartmenl. Miraloma 225 Avery Lane 31 0 560 1700 560 1395 Cat 1-2 bedroom in September indoor) Riviera Terrace 135 Riviera Drive 135 2 800 1480-1565 Yes 1-]bedroom available in Sentember Tamarak 570 University Ave 26 ]2095 1695 No 2-I bedrooms available,no 2 bedrooms Twelve Oaks 107 Oak Rim CT 42 0 1250 1850+800 1350 Indoor cat Not walking distance Valley Oaks 100 Oak Rim Wav 24 0 1100 1700 900 1450 Cat Not walkin'distance 350 West Main 12 0 650 1200 N/A N/A no TOTAL:1073 9