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04 Staff Report - Below Market Price Housing ProgramW N O,c s.c COUNCIL AGENDA REPORT MEETING DATE: 8118108 ITEM NO: , y DATE: August 7, 2008 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER A7- SUBJECT: ADOPT A RESOLUTION ADOPTING REVISED BELOW MARKET PRICE HOUSING PROGRAM GUIDELINES AND RESCINDING RESOLUTION 2005-117. RECOMMENDATION: Adopt a Resolution adopting revised Below Market Price Housing Program Guidelines and rescinding Resolution 2005-117. BACKGROUND: The Community Services Department manages a Below Market Price Housing Program (BMP) to allow low and moderate income households to become home owners. Recently, the owner of a BMP unit has requested to sell their home in order to purchase another newer, upgraded BMP unit at a different development. In reviewing the request, Staff noted that the Town's Below Market Price Guidelines and Resolution require modifications to more directly address this question. This report includes a review of the current BMP Program and Guidelines and offers a comparison to BMP Programs in other local municipalities. DISCUSSION: Below Market Price Program The Town's BMP Program has a limited number of homes, typically condominiums or townhomes, which are sold at a price below the current market value. In return for the ability to purchase a home at a below-market price, participating homebuyers agree to restrict the price at which they may resell the unit in the fixture. PREPARED BY. Regina A. Fal Community Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator Finance Community Development PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT A RESOLUTION ADOPTING REVISED BELOW MARKET PRICE HOUSING PROGRAM GUIDELINES AUGUST 7, 2008 Sunnyvale May not have owned residential property in the counties covered by Association of Bay Area Governments ( ABAG) or Association of Monterey Bay Governments (AMBAG) (Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano and Sonoma) for three years prior to submittal of a BMP application. Los Gatos Proposed Same as Sunnyvale requirements listed above. Staff recommends that the Sunnyvale requirement be added to the Town's BMP Guidelines. The specific language is stated below and has been included on page 4 of the draft guidelines. First Time Home Buyers: The Below Market Price (BMP) Program is for First Time Home Buyers. A First Time Home Buyer, by definition, is an applicant whose name has not appeared on a residential title in the counties covered by the Association of Bay Area Governments (ABA G) or Association of Monterey Bay Governments (AMBAG) which are Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano and Sonoma for at least three (3) years prior to application. Exception is made for people who were homeowners prior to a divorce settlement. Additional BMP Program Review During the next year, the BMP Program and condominium conversions will be reviewed as part of the Housing Element and General Plan update. Additional recommended changes to the ordinance and/or guidelines will be made, if appropriate, based on comparison with best practices. Consequently, changes will also be recommended to assist households displaced as a result of the conversion of apartments to condominiums if directed by Council. CONCLUSION: Staff recommends that the program be limited to first time home buyers who have not owned property in the above listed counties for 3 years prior to submittal of an application. This change reinforces the intent of the program and prevents BMP owners from "trading" units simply to purchase a newer or larger unit. BMP Homeowners who benefit from the program are potentially able to use the equity to purchase a home at market price. The BMP homes left behind become available to others in need and the program continues to grow its scope and ability to serve more of those in need. While the housing shortage in the area is unlikely to be resolved in the near future, this program strives to make a small impact on the overall economic vitality of our community. ATTACHMENT 1 RESOLUTION 2008- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING REVISED BELOW MARKET PRICE HOUSING GUIDELINES AND RESCINDING RESOLUTION 2005-117 WHEREAS, the Town of Los Gatos Zoning Ordinance Sections 29.10.3000 through 29.10.3040 establishes a Below Market Price (BMP) Housing program to assist low and moderate income Los Gatos citizens purchase homes at prices below market value; and, WHEREAS, the Program requires construction of dwellings that persons and families of low and moderate income can afford to buy or rent, and assures to the extent possible that the resale prices of those dwellings and rents, if they are rented, will be within the means of persons and families of low and moderate income; and, WHEREAS, the program helps the Town meet State mandated housing goals; and, WHEREAS, this resolution revises the Town of Los Gatos Below Market Price Housing Program Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos (1) repeals Resolution 2005-117; and, (2) adopts the revised Town of Los Gatos Below Market Price Housing Program guidelines attached as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18th day of August, 2008, by the following vote: TOWN OF LOS GATOS Exhibit A BELOW MARKET PRICE HOUSING PROGRAM GUIDELINES 1. GENERAL PROVISIONS A. Number of units 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 rules listed below with the following exception: Any planned development with an underlying zone of HR, shall only be required to pay an in-lieu fee as established by this resolution. The Town and developer may negotiate to provide more BMP units than required by the rules listed below, to fulfill a development's Community Benefit requirements. 1. Projects containing five or more but fewer than twenty market rate units must provide a number of BMP units equal to 10 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: Number of BMP units = (.225 x total # of market rate units) - 2.5 This formula acts to increase the number of BMP runts required, as a percentage of market-rate units, from 10% to 20% over the range of 20 to 100 market rate units. 3. All projects in excess of 100 market rate units must provide a number of BMP units equal to 20 percent 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. 5. BMP dwellings within a project of rental units shall also be rental units. BMP units within a project of owner-occupied units shall also be designated as units for purchase. BMP units within a project that contains both rental and owner-occupied units shall also be designated as both rental and as units for purchase, in a ratio similar to that of the market rate units. B. Unit Standards Size of units The size and design of BMP dwelling units shall be reasonably consistent with the market rate units in the project. The Town and developer may negotiate regarding the size of units if more units than required are to be BMP Guidelines Page 1 for each unit. In-lieu fees will be deposited into the Town's Affordable Housing Fund. 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: a. subsidizing the cost of owner occupied units to make them affordable to low/moderate income households b. purchasing rental units to make them affordable to low/moderate income households c. purchasing land for the future development of affordable housing d, developing affordable housing e. supplementing of affordable housing projects developed through the Los Gatos Redevelopment Agency f. funding administration of the program, as approved by the Town Council in its annual budget process D. Confidentiality Any information provided by an applicant in order to demonstrate eligibility for the program is confidential and not considered public information to the extent permitted by law except for statistical information on the BMP units and general demographic information on the buyers and renters of BMP housing units. Through BMP program implementation, the Town is attempting to provide a supply of low-moderate income housing. The Town does not wish 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 may be provided as well as a range of sales prices. 11. OWNER OCCUPIED UNITS A. Applicant Eligibility Household Income: In order to be eligible to purchase an owner-occupied BMP unit, an applicant's annual household income must be no greater than 100% of the Median Family Income (MFI), adjusted for household size, as defined by the United States Department of Housing and Urban Development (HUD) for the San Jose, CA Primary Metropolitan Statistical Area (PMSA). Household assets, such as real property, may also be considered in determining eligibility. BMP Guidelines Page 3 awarded as follows: a. Six points: (1) Senior citizens who reside in the Town at the 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. (2) Senior Citizens who have lived in the Town for at least two years and have moved out of the Town within the last five years prior to the time of application. (3) Disabled persons who reside in the Town at the time of application and who have lived in the Town for at least the prior two years. The definition of "disabled" for the purpose of assigning points under this section shall be that used by the U.S. Social Security Administration for the purpose of determining eligibility for Social Security disability benefits. (4) Households required to relocate their residence as a result of Council action or mobile home park closure. (5) Regular Full-Time and Regular Part-Time 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. (6) Single heads of household with dependent children who reside in the Town at the time of application and have lived in the Town for at least the prior two years. b. Four points: (1) Persons who live in the Town of Los Gatos at time of application and who have lived in the Town at least the prior two years. (2) 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. Two points: (1) Households who have lived in the Town for at least 10 years and have moved out within the last ten years prior to the time of application. BMP Guidelines Page 5 Total Number of BMP Units in Project Units Priced for Low Income Households Units Priced for Median Income Households 1 1 0 2 1 1 3 2 1 The Town and developer may negotiate regarding the affordability mix of units, to fulfill a development's Community Benefit requirements. The affordability level of a unit shall be for the purpose of setting the initial selling price only, and do not prevent its sale to any household eligible to purchase an owner-occupied BMP unit, as set forth in these Guidelines. 2. Annually, the Town shall set the initial unit sales price for each unit type (number of bedrooms), for each of the two income categories. These initial sales prices shall be set using the most recent Median Family Income (MFI) figures from the United States Department of Housing and Urban Development (HUD) for the San Jose, CA Primary Metropolitan Statistical Area (PMSA), and through the following calculations: a. For units to be priced to be affordable to Median Income Households: the average of the 100% MFI annual income and the 80% MFI annual income (assuming housebold size appropriate to size of unit) x Multiplier = Initial Sales Price. (1) Assumptions of household size by size of unit are as follows: Unit Size Household Size Studio 1 1 Bedroom 1 2 Bedroom 2 3 Bedroom 3 4 Bedroom 4 BMP Guidelines Page 7 purchase through the BMP process. The Town determines the resale price in accordance with the deed restriction recorded on the property. III. RENTAL UNITS A. Administration The program shall be administered by the Town or its designee. B. Applicant Eligibility 1. Household Income: In order to be eligible to rent a BMP rental unit, a household's annual income must be no greater than 80% of the Median Family Income (MFI), adjusted for household size, as defined by the United States Department of Housing and Urban Development (HUD) for the San lose, CA Primary Metropolitan Statistical Area (PMSA). Priority will be given to those households whose income is less than 50% of the MFI. Household assets may also be considered in determining eligibility. 2. Ability to Pay Rent A tenant's ability to pay monthly rent will also be considered in determining tenant eligibility. C. Tenant Selection The property owner or manager of the development shall market the BMP unit(s), and solicit rental applications. Applications from tenants selected by property owner or manager will be forwarded to Town or designee for verification of income eligibility. D. Management BMP rental units shall be managed by the property owner or manager in the same manner as other units in the development. 2. Tenants of BMP rental units are eligible to receive conciliation and mediation services provided through the Town's Rental Dispute Resolution Program except as they regard rent increases. E. Unit Rents Rents may not exceed 80% of the most current Fair Market Rents as determined by the Santa Clara County Housing Authority. F. Annual Review BMP Guidelines Page 9 Redevelopment Project area shall be funded using Redevelopment Affordable Housing Funds and shall remain affordable for 55 years. A SUIP loan to construct a second unit outside the Central Los Gatos Redevelopment Project area shall be funded using BMP Program Funds and shall remain affordable for 30 years. The SUIP affordability restrictions as set forth in this section may only be amended by action of the Town Council. 4. A tenant's ability to pay monthly rent will also be considered in determining tenant eligibility. Applications from tenants selected by the property owner or manager will be forwarded to the Town or its agent for verification of income eligibility. Rental agreements shall be submitted to the Town or its agent to verify compliance with the provisions of this section. Tenants are eligible to receive conciliation and mediation services provided through the Town's Rental Dispute Resolution Program except as they regard rent increases. Units targeted to households with incomes up to 80% of the Median Family Income (MFI) shall have rents restricted to 80% of Fair Markct Rents as determined by the Santa Clara County Housing Authority. Units targeted to households with incomes up to 50% of CMI shall have rents restricted to 50% of Fair Market Rents as determined by the Santa Clara County Housing Authority. Tenant rents and incomes will be monitored annually. (Adopted by Resolution 2008- August 18, 2008) N:ICSD%BMPICore Documents%BMP Guidelines 2008.wpd BMP Guidelines Page I I