Loading...
1989-053-Amending Resolution Specifying Rules, Procedures And Criteria For The Town's Below Market Price Housing ProgramRESOLUTION NO. 1989 -53 TOWN COUNCIL RESOLUTION AMENDING RESOLUTION 1988 -81, RESOLUTION SPECIFYING RULES, PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PRICE HOUSING PROGRAM This resolution establishes the rules, procedures and criteria that will be used to administer the BMP as requested pursuant to Zoning Ordinance Sections 3.90.100 through 3.90.135. Resolved: I. GENERAL PROVISIONS A. Every multifamily rental dwelling project at the time of building permit, every residential condominium or planned development residential subdivision at the time of subdivision, and every community apartment project and every residential stock cooperative apartment or unit project at the time of subdivision if the transaction involves subdivision, or at the time of sale, if it does not, shall contain one or more BMP dwellings according to the following rules: 1. Projects containing five or more but fewer than twenty market rate units must provide a number of BMP units equal to ten percent of the number of market rate units. 2. Projects which include 20 to 100 market rates units must provide BMP units as determined by the following formula: 1 Number of BMP units = .225 (total # of market rate units) - 2.5 3• All projects in excess of 100 market rate units must provide a number of BMP units equal to 20% of the market rate units. 4. Whenever the calculations of below market price units result in a fraction of one -half or more, the number of units to be reserved is increased to the next whole number. B. Applicant Priority 1. Priority of eligibility at the time of purchase or rental: a. First priority: (i) Senior citizens who reside in the Town at time of application and have lived in the Town for at least the prior two years. A senior citizen is defined as any person 62 years of age or older at time of application or married couples living together when at least one spouse is 62 years of age or older at time of application. (ii) Salaried Town employees as defined in the Town's Personnel Rules, who have been employed by the Town for a period of no less than 12 months prior to the time of application. (iii) Senior Citizens who have lived in the Town for at least two years and have moved out of the Town within the five years prior to the time of application. 2 b. Second priority: Single heads of household with dependent children who reside in the Town at time of application and have lived in the Town for at least the prior two years. C. Third priority: Persons who live in the Town of Los Gatos at time of application and have lived in the Town for at least the prior two years. d. Fourth priority: Persons who work in the Town of Los Gatos at time of application and have worked in the Town for at least the prior two years. e. Fifth priority: All other applicants who live or work within Santa Clara County at time of application and are eligible according to family size and income criteria. 2. Household Size /Unit Size: The size of the family will be considered when a home is sold. The number of bedrooms that a family qualifies for is based on the household size according to the following schedule: 1 - 2 Family Members ..................1 Bedroom and Studio 2 - 4 Family Members ..................2 Bedrooms First priority - 2 -4 family members Second priority - single individuals 3 - 6 Family Members ..................3 Bedrooms No distinction is made between adults and children. For example, • husband and wife are eligible for a 2- bedroom unit, as well as • parent and child. 3 C. Confidentiality Client information is confidential and not considered public information except for statistical information on the BMP units and general demographic information on the buyers and renters of BMP housing units. Through implementation of the BMP program the Town is attempting to provide a supply of low- moderate income housing not to set the occupants of such housing apart from the general community, attaching a stigma to the occupants. Furthermore, no public interest is served by disclosure of this information. The address of the projects containing BMP units (not the individual units) may be provided as well as a range of sales prices. II. OWNER OCCUPIED UNITS A. Applicant Eligibility 1. Household Income: Income limits are set according to household size and range from 80% -120% of the Santa Clara County Median Income, as determined by the Federal Department of Housing and Urban Development. Current income guidelines are attached as Exhibit A. 2. Buyer Qualification: a. A buyer's qualification is determined by the family's ability to make the monthly payments for the unit. The monthly housing cost shall include the following factors: - Unit Price - Current Lending Rates - Estimated Taxes - Estimated Insurance Costs - Homeowner's Fees - Other expenses as determined necessary by the lender. b. All persons must qualify for their own mortgage without assistance from the Town. Qualifications must include the ability to pay taxes, insurance, closing costs and any homeowner association fees in addition to the mortgage. C. Closing costs for a unit shall include a fee to cover the administration of the BMP Program. For a resale unit, the fee shall be shared by the buyer and seller. For a new unit, the fee shall be shared by the Town from the in lieu fees, and the buyer. B. Buyer Selection 1. Applications determined to be eligible according to paragraph A will be prioritized in accordance with the criteria of Section I 10 2. A lottery will be used to rank each qualified applicant within each of the five priority categories. 3• An applicant has two opportunities to refuse a unit before being removed from the current applicant pool. 01 4. Applicants who do not qualify for a particular project shall retain their eligibility. C. Determination of Initial Selling Price 1. The initial sales price of the unit will be determined by consultation between the Town Manager or delegate and the developer within the price range outlined in Exhibit B, "Initial Selling Price." The Manager is authorized to approve changes in specifications to lower the price of the BMP units which do not violate any Town code or ordinance requirements, such as changes in carpeting, lighting fixtures, etc. The initial price will be set by a BMP price agreement, which must be signed by the Town Manager and the developer prior to Planning Commission review of the project. 2. The initial price of a unit may include direct construction costs and may include a proportionate share of the costs of providing utility services, required on -site improvement, financing and premium points, loan standby fees, landscaping and parking, provided that the price shall not exceed an amount which will allow a range of qualified buyers (as defined above) to purchase a unit. 3. The initial price shall not include cost of land, builder's profit, marketing costs, planning, promotional or advocacy expenses, options, preliminary drawings, preparing working drawings and specifications, offsite improvements, public agency fees, bonds, insurance, recreational facilities and engineering and architectural fees related to construction. M. 4. The range in which the initial selling price shall be set will be determined through completion of the following calculation on an annual basis (See Exhibit B): a. Calculation of the Housing Multiplier i. Determination of Total Housing Cost Sales price - 10% down payment = mortgage + Annual Debt Service + Taxes + Homeowners Fees + PMT = Total Housing Cost ii. Determination of Minimum Household Income Assume 30% of household income to go towards housing: Total Housing Cost .30 = Minimum household income iii. Determination of Multiplier Sales Price Minimum Household Income = Multiplier b. Initial Sales Price Ranges Minimum and maximum sales prices are established by completing the following formula for a range of family sizes: Income (80% and 100% and 120% of median income) x multiplier = sales price. D. Deed Restrictions 1. All Below Market Price dwelling units must be owner - occupied except as noted in 2. below. 7 2. An owner of a Below Market Price dwelling unit is not permitted to lease, rent, sublet, or otherwise assign his interests in the property, except that the property may be leased for limited periods of time when the owner is required to live elsewhere and expects to return. Tenants will be limited to persons whose annual income is less than 80% of the County's Median Income as defined by the Federal Department of Housing and Urban Development. Priority will be given to those households whose income is less than 50% of the median income as defined by H.U.D. Rents will be restricted to Fair Market Rents as determined by H.U.D. for implementation of the Section 8 Housing Program. All leases must be arranged through the Town's agent and the owner must accept tenants qualified by the Town's agent 3. In order to lease a unit under the terms of 2. above, the owner must still be qualified within the income limits of the Below Market Price Program in effect at the time of the lease, otherwise the owner must sell the unit. 4. The Town has the right of first refusal on the sale of the BMP units. The Town must exercise its right of refusal within six months from notice of availability of a unit. The developer has second right of refusal on first sale of all new units if the Town is unable to find a buyer. 5• Resale provisions are provided in Section E. below. E. Resale of Units 1. If the owner elects to sell his /her unit, the Town and its agent must be notified. 0 2. When a Below Market Price dwelling unit becomes available for resale, the owner must allow the Town to set the resale price and make the unit available to other program applicants. 3• The Town, after receiving a recommendation from the Agent will determine the resale price in accordance with the deed restriction recorded on the property. 4. Agent notifies the next qualified buyer in the application pool. F. In -Lieu Fees 1. Establishment of Fee: Projects with five or more but less than ten units may pay a fee in -lieu of building a BMP unit in order to comply with the requirements in Section I.A. The fee shall be equal to the of six percent of the building permit valuation for the project. The total building permit valuation is determined by the chief building official. 2. Fees will be paid prior to or at close of escrow of each unit. 3. In -lieu fees will be deposited into the Town's Affordable Housing Fund. Funds will be used, in part, for administration of the program. Applications /recommendations for use of remaining funds will be reviewed as received. Possible use of the funds include, but is not limited to, the following: - landbanking - writing down the cost of owner occupied units to make them affordable to low /moderate income households - purchasing rental units for renting to eligible tenants N III. RENTAL UNITS A. Administration The program shall be administered by an agent of the Town. The agent is responsible for determining applicant eligibility and reviewing eligibility annually, and tenant selection. B. Applicant Eligibility 1. Household Income: In order to be eligible, applicants must have a household income under eighty percent of the County's median income as defined by the Federal Department of Housing & Urban Development. (See Exhibit A, attached.) 2. Ability to Pay Rent A tenant's ability to pay monthly rent will also be considered in determining tenant eligibility. C. Tenant Selection 1. Applications determined to be eligible according to paragraph B, above, will be prioritized in accordance with the criteria of Section I.B. of this resolution. 2. If necessary, a lottery will be used to rank each qualified applicant within each of the five priorities. 3• An applicant has two opportunities to refuse a unit before being removed from the current applicant pool. D. Management 1. BMP rental units shall be managed in the same manner as other units in the development. 10 2. Tenants are eligible to receive conciliation and mediation services provided through the Town's Rental Mediation Program except as they regard rent increases. E. Unit Rents Rents shall be set at the Fair Market Rents developed by the Federal Department of Housing & Urban Development. Current rents are listed in Exhibit C, Fair Market Rents. F. Annual Review If a tenant's income increases so that it falls between 80 and 100% of the County's Median income, then their rent will be set at 30% of their annual income; and, the unit shall still be considered a BMP Rental Unit. However, if a tenant's income exceeds 100% of the median, the rent will be at market rate; in this latter case, the unit will no longer be a BMP unit and the next available unit must be rented to an eligible household so that the number of subsidized units remains the same. Be it resolved that Resolution #1988 -81 is repealed." 11 PASSED AND ADOPTED at an adjourned regular meeting of the Town Council of the Town of Los Gatos held on the 24 day of April 1989 by the following vote: AYES: COUNCILMEMBERS: Eric D. Carlson, Thomas J. Ferrito Brent N. Ventura, Mayor Joanne Benjamin NOES: COUNCILMEMBERS: Robert L. Hamilton ABSTAIN: COUNCILMEMBERS ABSENT: COUNCILMEMBERS SIGNED: ATTEST: r a . `--CX CLERK OF THE TOWN OF LOS GATOS OF THE TOWN OF /40S GATOS 12 EXHIBIT A CURRENT INCOME GUIDELINES DETERMINED BY FEDERAL DEPARTMENT OF HOUSING & URBAN DEVELOPMENT REVISED 12/1/88 % OF MEDIAN 50 80 100 120 rersons In Household 1 17900 23800 35800 42924 2 20450 27200 40900 49056 3 23000 30600 46000 55188 4 25550 34000 51100 61320 5 27600 36150 55000 66240 6 29650 38250 59300 71160 7 31700 40400 63400 76000 8 33750 42500 67500 81000 Revised Guidelines, Incorporated into Resolution: 1986 -45 Dated: 4/6/86 Updated through Resolution No. 1988 -45 Dated 2/6/88 Updated through Resolution No.jgoc,_ s-� Dated: 4/24/39 A: \CNCLRPTS \HUDINC.TCR EXHIBIT B INITIAL SALES PRICE RANGES 1. Calculation of the HousinY Multiplier To calculate the initial sales price ranges the Town of Los Gatos multiplies the current income guidelines (determined by the Federal Department of Housing and Urban Development) by 2.28. a Assumptions: * Loan: • Private Mortgage Insurance: • Underwriting Ratio: Determination of Total Housing Cost Sales Price 10% down Annual Debt Service (12 %, 30 Years) Taxes (rate of 1.15 %) Homeowners Fees ($100 mo.) PMI (Private Mortgage Ins.) .44% Total Housing Cost Determination of Minimum Household Income Total Housing Cost 0.3 C. Determination of Multiplier Sales Price Minimum Household Income Average multiplier - 2.28 12 %, 30 Year .44% of Loan Amount Total housing cost no more than 30% of total income EXAMPLE A EXAMPLE B $130,000 $50,000 - 13.000 - 5.000 $117,000 $45,000 $12,969 $ 4,988 1,495 575 1,200 1,200 515 198 $16,179 $ 6,961 EXAMPLE A EXAMPLE B $16,179 $6,961 0.3 - $ 53,930 0.3 = $23,203 EXAMPLE A $130.000 53,930 - 2.41 EXAMPLE B $50,000 23,203 - 2.15 ME 2. Initial Sales Price Ranges The following chart reflects the sales prices affordable for families at 80%, 100%, and 120% of the County median. (Income X 2.28 - Sales price). SALES PRICES Household Size 80% 100% 120% 1 54:264 81,624 111.848 97,867 2 Bedroom 2 62.016 to 93,252 111.848 77.520 3 69.768 162.245 104.880 4 Bedroom 125.829 4 77.520 116.508 139.810 5 82.422 125.400 151.027 6 87.210 I35,204 162.245 7 92.112 144.552 173.280 8 96.900 153.900 184.680 RECOMMENDED SALES PRICE RANGE Unit Size Studio 1 -2 People $54,264 to $111,848 1 Bedroom 54.264 to 111.848 2 Bedroom 62.016 to 139.810 3 Bedroom 77.520 to 162.245 4 Bedroom 82.422 to 184.680 Revised Guidelines, Incorporated into Resolution: 1986 -45 Dated: 417186 Revised by Resolution: 1989 -53 Dated: 4/24/89 A: \SLSPRICE.RNG EXHIBIT C FAIR MARKET RENTS CURRENT FAIR MARKET RENTS AS DETERMINED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BEDROOMS Studio 1 2 3 4 5 6 Rent levels in effect as of 10/1/88 RENT $590 715 840 1,050 1,175 1,351 1,527 Incorporated by Resolution 1986 -139 Dated: August 4, 1986 Revised by Resolution 1988 -45 Dated: February 16, 1988 Revised by Resolution 1989 -53 Dated: April 24, 1939