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13 Staff Report - 347 Massol Avenue4W M OF !ps ~A:~05 DATE: TO: FROM: COUNCIL AGENDA REPORT August 14, 2008 MAYOR AND TOWN COUNCIL MEETING DATE: 8/18/08 ITEM NO: 13 ORRY P. KORB, TOWN ATTORNEYi / SUBJECT: ADOPT PLANNED DEWELOPMENT 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) RECOMMENDA`1~ION: 1. Adopt the ordinance introduced by 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 Council taking final action to adopt the Planned Development Ordinance. Parldng 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 functional but some of theirs deviate from provisions of the Code in terms of back-up distance and tandem configuration. PREPARED BY: ORRY P. KORB BUD N. L wrz TOWN ATTORNEY COMMUNITY DEVELOPMENT DIRECTOR N:IDRVICNCLRPTS12 0 0 813 4 7M assol2. doc Reviewed by: n Manager Cleric Administrator Financc( ~Cominunity Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 347 MASSOL AVENUE Aacgust I8, 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 (Attachment 8) which outlines the proposed assistance for existing tenants. The Program offers three levels of assistance which are detailed in Attaclurnent 8. The most critical component of the plan involves five individuals/families that are Special Circumstance Seniors. The applicant's proposal requires Council to provide direction to staff because the applicant proposes that the Town purchase five of the eight BMP units. "These units will provide 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 the BMP program and are interested in purchasing their unit: • Direct staff to prepare 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 ranlcing points to help them qualify to purchase Bay Tree BMP units (essentially create a first right of refusal opportunity). Staff has prepared the following option for Council consideration for SCS tenant(s) who are interested 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 armual 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 are interested 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: 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 unit(s) until PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 347 MASSOL 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 part of the BMP program and sold in accordance with the BMP Guidelines, a. Explore purchasing five of the eight required BMP units using BMP fiends. b. Explore purchasing five units at market rate using RDA 20% Affordable Housing Set-Aside funds. If a Council member does 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 Mogan concerning parking and the loss of rental housing that would result from the conversion of the Bay Tree Apartments to condominiums. Attachments: 1. Introduced Ordinance 2. Letters and E-Mails from citizens (27 pages) (Submitted under a separate cover) 3. Correspondent 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 from Mary Ellen Kaschub 6. Resident Assistance and Parking Plan Summary, received August 4, 2008 (10 pages) 7. Proposed Parking Plan, received August 6, 2008 (1 page) 9. Resident Assistance Program, received August 6, 2008 (5 pages) Distribution: Lyon Realty Advisors, Attn: Ron Cole, 4901 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 R.M: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 PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Conversion of the existing fifty-six apartments to condominiums. 2. Parking lot modifications and other site improvements shown and required on the Official Development Plan. 3. Exterior f'a~ade improvements to the existing buildings. 4. Uses permitted are 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 amended in the fixture, 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 Use Permit. Page 1 of 7 AT TACT 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 and Architecture and Site approval are required before exterior modification and site improvement construction work is performed, whether or not a permit is required for the work and before any permit for construction is issued. Construction permits shall only be in a manner complying with Section 29.80. of the Town Code. SECTION V The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the Official Development Plan. The following conditions must be complied with before issuance of any grading, or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as Exhibit 8 of Attaclunent 2 of the report to the Town Council for the June 16, 2008 meeting and Attachment 7 (Revised I'arking Plan) of the report 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 Development, Development Review Committee, Planning Conninission or the Town Council, depending on the scope of the change(s). 2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such Page 2 of 7 permits and entitlements whether or not expressly set forth in the approval. 3. BELOW MARKET PRICE (BMP) UNITS: Eight (8) BMP 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 BMP process for the units. The BMP 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 RESTRICTION: 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 BMP units must be sold as below market priced units pursuant to the Town's BMP Guidelines. The BMP Guidelines in effect at the time of the sale of the market rate units shall be used unless the sales prices in the BMP Guidelines have been reduced to a level lower than the prices in effect in 2009. 5. ARCHITECTURE AND SITE REQUIRED: An Architecture and Site application and approval is required for the facade improvements, parking lot improvements, and other site improvements. The Planning Conunission shal I 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 bicycle parking. 8. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building permit and/or Final subdivision map detailing how the Conditions of Approval will be addressed. 8a. 'l'I:NANT RELOCA`I'ION SrRVICES: Applicant shall prepare a Tenant Relocation Assistance Services Program to the satisfaction of the Director of Community Development. 8b. PARKING ALLOCATION: Applicant shall prepare a Residential Parking Allocation Plan to the satisfaction of the Director of Community Development Page 3 of 7 Building Division 9. PERMITS REQUIRED: A building permit shall be required for exterior fagade improvements and parking lot modifications. Separate building permits are required for site retaining walls, water tanks, and swimming pools; separate electrical, mechanical, and plurribing pennits 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 IOUSE NUMBERS: Submit requests for new unit numbers from the Building Division prigs to the building permit application process. 11. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF- I R and MF-IR must be blue-lined on the plans. 12. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the 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 are available from the Building Division Service Counter or online at www.losgatosea.gov. 13. NONPOINT SOURCE POLLUTION STANDARDS: The 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 Counter for a fee of $2 or at San Jose Blue Print. 14. PLANS: The constriction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 15. APPROVALS REQUIRED: The project requires the following agencies approval before 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 Department: (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 znap shall be recorded before any permits are issued. 17. DEVELOPMENT AGREEMENT: The Applicant shall enter an agreement to construct public improvements 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 casements 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 Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The improvements 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 Page 5 of 7 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 PERMIT: 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. RESTORATION 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 better 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 stark 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 "Down Attorney and Planning Division prior to map recordation. The CC&R's shall be consistent with the Residential Parking Allocation Plan required in Condition #Sb. Page 6 of 7 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the 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 of the 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 THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N \DFAF\0RDS534T%4ASS01..3)0C Page 7 of 7 Y 347T,Mass0I TOWN OF LOS GATOS 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:PD ❑ Prezonin Forwarded by Planning Commission Date: April 23, 2008 Approved by Town Council Date: Ord: Clerk Administrator Mayor EXHIBIT A Meeting Date: 8/18/08 Item No. 13 Subject: 347 Massol Avenue ATTACHMENT L 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: Please see photo attachments on se pr arate email 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 41 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 43 and Lyon plan spaces 80 - 83.). 1 am also concerned 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, I 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 ATTACBME T 4 file: //C: \Documents and Settingsljpaulson.LOSGATOSCA1Local Setting s\Temp\XPgrpw... 08/13/2008 RECEIVED DATE: AUGUST S, 2008 AUG - 8 2008 TO: TOWN COUNCIL, TOWN OF LOS GATOS TOWN OF LOS GATOS PLANNING DIVISION SUBJECT: BAY TREE CONDO CONVERSION IMPACT ON PARKING ALONG MASSOL AVE 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 numbers 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 almost a dally 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 Massol 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 off Hwy 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 majority of parking 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 of time, 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 requirements that are regularly enforced. Respectfully submitted, Mary en Kasc 'b 320 sot Ave. 000 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 of these spaces have been added. Some will not be added until the condominium units are marketed for sale. * Total proposed parking spaces: 98 spaces * See Parking Plan Exhibit o Additional Measures: * Governance: HOA 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% of the residents earn from $100k - $360k per year * 10% of the 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. Reduced escrow costs * Reduced loan fees and charges 0 0, fib Resident Assistance o Relocation Assistance: Special Circumstance Senior Consideration: e 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 of Intent 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. : * 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 BMP 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 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 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 of Intent to Convert the apartments to condominiums, and unable to reasonably locate replacement housing. e 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 g 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 rior 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 W' 4) 10, 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: a Actual moving expenses incurred when moving from the subject site, not to exceed $1,100. e. 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 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 Massol Avenue Los Gatos, CA 95030 510-13-004 hVMKITC WAVKH 4 -0 64 i7ERPR1SE5 _c MA883L AVENUE [A PUR1C 53A€ o Original Parking Supply 56 Spaces (#1-56) Proposed Parking Supply 42 Spaces (#57-98) FWF Ll Q~7 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 ATTACMIEIT 8 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. 1. 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. 816!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 surveylinterviewing process, the Relocation Coordinator shall determine whether Qualified Residents meet one or more of the Hardship Criteria defined below: o Disabled Households with a disabled household member, as defined under the Social Security Act, and who cannot physically prepare for a move o 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 unable 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. 81612008 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 Lor 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. 81612008 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. 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 81612008 Page 5 of 5 Meeting Date: 8118/08 Item No. 13 Subject: 347 Massal Avenue ATTACHMENT 2 Is available for review in the Clerk Department June 16, 2008 Try: The Honorable'Town Council Members and `l own Manager Pie. Bay Tree Apartment request for condo conversion Ike-ar Town Council- Members, As a retail business owner and downtown, resident, l an, generally opposed to development proposals in dovin torn Los Gatos that may ir.rrther 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 to the downtown is a golden opportunity which should be realized if at ail possible. With some creative thinking I believe the issue of parking could he nairrirnized. A few sOlrztions to consider are- IV Providing motorbike stalls in [ieu of fall scale auto stalls acccaminodating three motorbike vehicles in the place of one single automobile. 0 Providing covered bicycle lockers for tenants to encourage a ternative/green transportation in our community. 4x fncol.=por•atirig the Ba.y Tr-ae/Massol Ave area iii Ahnoriri Grove Parking District to protect the quality of lxfe for residents near the property. 0 Require the Bay Free CC& R's to establish a. limit of the number of a-atumobiles to a maximum of two per unit. e, Require the Bay Tree CCU. R's to prohibit cote merci;-l vehicles, motor homes, campers and boats perked on site. Surly there are other ideas that will emerge from the pub] i4 forum which I have not listed. Considering the opportunity for potential new condo homeowners to walk or bike ride to our down-town destinations, perhaps even bile rµide or° wails to worm in oLir down, {{ire could be hirthering our "go green" philosophy i.n Los Gatos. 't'hese rare BMF opportunities may be just the righft opportunity for some r°edrying Los Gatos resident, to down-size and re-main'in Lhe community they love and have called home fbr decades. Respectfully submitted by, Teri Hope, dowii town resident Sz business caviler JUN, 16. 2008 3: 42PM AME3IMAC CAL WEST NO. 6007 P. 2 Ann Cali 26 Rogers Road Los Gatos, California .Mayor Barbara Spector Los Gatos Town Council Los Gatos Toga Hall June 15, 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 Nest Valley. The little brook, the shady trees and the xieb 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 wallcing 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 of the application by The Bay Tree to convert from rental apartments to condominiums. As condominiums, The Bay Tree will offer homes priced lower than any around them, 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 may ask why if I 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 be among those checking them out. Sincerely; Ann. Cali Page 1 of 1 Timothy Hogan <thogan 1997@hotmail.com> 6/18/2008 10:37 AM I knew I 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 5/27.108.) 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 further 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, current 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 f was surprised by the subsequent unanimous vote to al low 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 property, including our two-bedroom apartment. If this is of interest, you can reach me at (408) 399-5398. Thank: you for your consideration. I look forward to hearing from you. Tim Hogan 347 Massol Ave., i#304 Los Gatos, CA 95030 fileWCADocurnents and Settingsljpaulson.LOSGATOSCA\Local Sett1ngs\TetnplXPgrpw... 0 613 012 0 0 8 Page 1 of 1 Joel Paulson -Thanks! From: "ME Kaschub" <mekaschub a comcast.net> To <mwasserman@losgatosca.gov> Date: 0611912008 10:53 AM Subject: 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 considerationlinformation!discussion 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 thoughts to date - On a personal note - I hope your daughter is home now and resting in the tranquility and support of the Wasserman nest! Best, Mary Ellen fileWCADocuments and Settings!jpaulson.LOSGATOSCA\Loca1 Settings\Temp\XPgrpw... 06/23/2008 (0fi12612~08} Joel Paulson - Re Actual Apartment Vacancy Page 1 From: Greg Larson To: barbara4lg@comcast.net,carlademos@hotmail.com Date: 06/24/2008 9:28 AM Subject: 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 Baytree 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 Baytree 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 <barbara4lg@comcast.net> 06/24/08 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 $2000/month 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 Massol. We were told by Laura Lyle, resident manager, nothing was available until September, a 2-bedroom/2-bath for $2445.001mo. She told us they had a waiting list for the 1- bedroom units ($1850.00/mo) and the 2-bedrooml2-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-bedroom/1.5 bath (06!2612008) Joel Paulson _Re Actual Apartment VacarECy _ _ .r Page 2 ($2095.00) available and two 1-bedroom/lbath ($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 negotiate 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 ohomeO. 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 6124108. Check out the ikm Talkathon. Check it out! Page 1 of 4 Joel Paulson -RE: Process, Condo-conversion From, Greg Larson To. Barbara Spector; ME Kaschub Date: 06/26/2008 9:07 PM Subject: RE: Process, Condo-conversion CC: Diane McNutt; Joe Pirzynski; Mike Wasserman Ms Kaschub, 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 n comcast.net> 6/26/2008 7:02 PM Dear Barbara: Thanks for your answer - fi-om Italy no less! To answer your query on the misinformation 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 area (bldg. A) Parking issues for both Bay Tree and Street parking are listed on the, forwarded separately, email from Wil Houde, 315 Massol. 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 apartments and is not accurate and misleading, The Los Gatos vacancy rate is more like I - 2%. For example, Palo Alto measures its vacancies by getting a report from PG&E twice a year on all its apartments. If the electric meter is not "spinning," the apartment is counted as "vacant." The last rate was 1,75% 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-bedroom) range from S 1950-2500 per month, file://C:\Dociunents and Settings\jpaulson. LOSGATOSCA\Local Setting sVFemp\XPgrpw... 06/30/2008 PageZot4 ~Y REALITY: Maison Massol has very low turnover; one ttivo-bedroom unit will be available in September. There is a waiting list for one-bedroom units. At Bay Tree, rent ranges from $1500 - $2000/mo; Bay Tree corporate rentals (refurbished apartments) are $2900/month. 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 I0-year lease. .There are detailed covenants on these leases and tenant protections. I give you this information because I believe it is important to make decisions on the facts and not inferences. I trust this information 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, Mary Ellen Kaschub Attachment: Email from Wil Houde forwarded as separate document -----Original Message----- From: Barbara Spector [mailto:bspector c@losgatosea.gov] Sent: Wednesday, June 25, 2008 10:37 PM To: 'ME Kaschub' Cc: 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 orthis 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 11:10 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://C:1D0cuments and Settingsljpaulson.LOSGATOSCA\Local Settings\Temp\XPgrpw... 06/30/2008 Page 3 of 4 Once again, thank you. Sincerely, Barbara From: ME Kaschub (maiIto:mekaschub@comcast.net] Sent: Wednesday, June 25, 2008 4;55 PM To: bspector@losgatosca.Gov Subject: Process, Condo-conversion Barbara - 1 called your office last week for a time to meet and learned you were on vacation - a well-deseiwed 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, particularly the Lyon representative, where misinformation was both given and inferred and there was no way to rebut facts being presented incorrectly. think this town's rush-to-condo conversion of a $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, truly disillusioning. 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 information flow. fileWC.-Mocuments and Settings!jpaulson.LOSGATOSCA\Local SettingslTetnp\XPgrpw... 06/30/2008 Yage 4 of 4 1 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. 1 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:/IC:1Documents and Settingsljpaulson.LOSGATOSCA1Local Settings\Temp\XPgrpw... 06/30/2008 Page 1 of 1 Joel Paulson - Fwd: FW: 347 parking/Condo conversion (attachment) ~"tp~~7'm~e&~dw~.~.:I~iua`5~.--§!n3'-[^i.F`..:C~-1^ii<x~~'3°=-.Y'~~.'; N,~4~-ra .✓~f~-c`."~a~FSS~"~.i_`..`"=.c~.: r':'v.:.'t~e!'~-:~.;~~.~~x'r:~e4 aCa.S:.-Y-v.:~~. s.-C'--'...._ r. From: Greg Larson To: Bud Lortz Date: 06126/2008 9:03 PM Subject: 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:wi11437@comeast.net] Sent: Thursday, June 26, 2008 5:25 PM To: ME Kaschub Subject: 347 parking ME, Here are the points about parking. 1) 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 two 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 of 31 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:1Docurnents and Settingsljpaulson.LOSGATOSCAILocal SettingslTetnp\XPgrpw... 06/30/2008 Re: Yukes...I'm being forced to move out! 11. Page 1 of 1 Natalie Ladd <natalieladd@verizon.net> 6/27/2008 12:20 PM Hi Mike, Hope all is well with you and your family. Long time no see. I feel bad emalling you only when I'm in need of help, so my ema!ling 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 living anywhere else. We don't want to move out of Almond drove. 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 MOVEIII 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 tow 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). J. 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. Relocation Allowance: I'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 an 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 dome 399-0585 Cell 761-0030 file:/; CADocuments and Settingsljpatiison.LOSGATOSCA`,Local Settings`Xemp'1XPgrpw... 07/07,'2008 July 7, 2008 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-aver 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 42 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-vinlative--tandcm 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 tor,1:1.6-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? 1 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@comcast.net] 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 Massoi bounded by: -347 south driveway to Rt. 9 (as far as practical and safe) -320 south driveway to Rt. 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 CP 67 KT QCI ~tAI~) i RESOLUTION NO. 1973-72 RESOLUTION AI'PIRMING PLANNING COMMISSION DENIAL OF APPROVAL OF A TENTATIVE MA1' - SUBDIVISION APPLICATION M-73-8. M.IEREAS, on May 2, 1973 the Planning Corprnission denied approval -of-the terntative Map-For ebndam niwri-conversiun of the flay Twe Apartments, 347 Massol Avenue, in Prou-ceding M-73-F1, and the appeal of they applicant, Stonewood Properties Company, 1=rom tine decision was heard and considered .Tune 4, 1973, and testimony received coricerning the matter and good cause appearing therefor, RESOLVED, the Town Council cf, the Town uE Lns Catns Finds: 1. Tile proposed map is inconsistent with the reneral P-1ari or the Town of I.os Gatos in that tlic deai gii and -improvements reveal a density -in excess oE' 12 dwelling units Pc'r acre. 2_ The proposed map :is inconsistent with t1w applicable specific plans in that the density shown is in excess aC that permitted in the R-M:5-12 zoning district.. ..i Elie rf iacl " 3 ~-E ul~ r~uth~*r Ll~an`a.,m~~mLtYn a,fton(sxtezpArl~zrt-spneesue. v x i~utiel'e'e!- F Thade•sgvr ~atidtypeE ~nin.raGmets. sire tip t_;5uxt115]" ~ntlw=limns; ~f of:~clr?veRDEjEi rdu s tWM iAD gtJ Sf,~h~~~~r a3rr?~1~~~777~ tv ~ ff siuLt r~ ~i fr ~mlzr p. ~Yd.: aEtm c s can 2 n s,s.: i~ mesrba nc y e h T{e , . 4iiclt It7i • -fj a 5. The design and type of impravemcnts are ne:i_ther suitable for the type and density of development nor consistent wi-th applicable specific plans in that minim= build:ing separation requirements are riot met in at least seven instances and the drawings do not adequately show building re~lationsh:ips to pormi t -1- a determination of whether there are additional, slmi.lar, failures to r_omply with precise plan standards. fi. The design and Improvements are not suitable For the type and cipjisity of the development in that they do not comply with specific plan requ:i.rements concerning height and setbar.ks. 7. The design and :improvements are not suitable For the type and density of the development in that they fail to show sufficient provision for the storage of personal property associated with owner-uccupied dwellings. K_ C'ondomi.niLun conversion of the project would result in an actual increase in population density and vehi-cLLlar use . 9. Condominium conversion of the protect would cause a reduction in availahle rental and senior citizen housing in the `Down OF I,as Gates. 10. The grou"ds specified in the Planning Commission aCt'i cin dvny.-ing approval of the tentative map arc, :incurporated by reFercnec~. FURTHER RFSOLVFD, the action oP the Planning Conuni:ssinn is affirmed and approval or the proposed tentative map Is denied. -2- • 1 PASSED AND ADOPTED at a regular Meting ❑U the Town Council of the Town of Los Gatos held on the 4th day of June 1973, by the ful lcw -tng vote : AYES : COUNCILMEN Charles E. DeFre 1 tas -Egon-fensen John B. Lochner Mark B. DiDuca NOES: COUNULMEN None- ABSENT: COUNCILi FN Muth Cannon SIGNED: MAYOR OF THE TOWN Or LOS CATOS ATTEST: CLERK 4- THE TOWN LOS ATOS -3- RECEIVED JUL 1 4 2008 TOWN OF LOS GATOS L~eai ilvlt :Clort~15iOI j yloF 3 y7 M rit,sso-? Ci--;, v-e~ 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 .1 understood them, you gave three options to accomplish this limitation; 1. 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 Trie "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. MaJ. rs schub 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 Apartments 347 Massol Ave, 4304, Los Gatos RE: Bay Tree Update First, thank you for visiting our apartment at the Bay Tree. With the ball in Lyon's court to present its plan For additional parking and the relocation of long-term tenants, I wanted 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 tepresentative and a contractor stood in the driveway 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.) II 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 9504) Soon after Lyon purchased the Bay Tree property, it put conversion plans in motion. (Please see attached letter to Town Council of 5127.) 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 part 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 reclaiming land from back yard patios facing the driveway.. (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.) 1 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'x' Town Council meeting, Lyon named various local properties 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. Thank 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: Tirn Hogan Bay Tree Apartments 347 Massol Ave, #304 Los Gatos, 95030 RE: Bav Tree Apartments Condo-Conversion Our family of three has lived at the Bay Tree Apartments 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 convert apartments to condos. And while these reasons certainly 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 been three owners. When the Lyon group took over, it was clew-, there was a new agenda: Get top-dollar rents and trim property- related expenses. Tenants realized the following: - units were renovated when 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 were capped and locked. On request one was reopened so tenants can wash their cars. - for vacated units, water utility bills were made part of tenant's responsibility - all but two laundry rooms have been closed; rooms were made part of an adjacent unit - basic cable service was transferred from property 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 our long term plan to remain in Los Gatos. However, a Bay Tree condominium at most any price does not interest us. Like many residents, we consider Lyon group's efforts to prepare the building. Far sale as cosmetic - like lipstick oil a pig. 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 set-vice rep saw in and around our unit, lie 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 Iight 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 ti To: From: Subj ect: July 29, 2008 Los Gatos Town Council Carla de Mos, Martha Me Gravy Objection to Bay Tree Apartments Condo Conversion Dear Los Gatos Town Council, JUL. 3 0 2000 TOWN "FLOS GATOS CLERK DEPARTMENT 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 Verizon 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, Carla de Mos 347 Massol Av. Apt. 207 Los Gatos (408) 395-2506 Martha Mc Graw 347 Massol Av. Apt. 205 Los Gatos (408) 395-3617 ATTACHMENT 3 m a 0 N 0 CO) r N 7 L 0 B a' i+ E Q 0 'R^ V 0 J 0 N M .O C ~ n 'G ul '6 03 m O R R, R > Cd '0 ^CI > 0 O p C 0 O 'TJ 6. 4 3 3 M W -0 L a~ O -o p 4J U N 0 a o cC 3 Cd 3 O z z E C F F a cu ) 3 N 1~ o 7 0 T- z N N ~ z z z y U O U 4 U o o z° g o W s. Qom] 0 z "D O 2 0 Z of 0 z rn O Z C O cYC c U z U s G° ~ ki ,--i Q1 U oo M N N o N N ¢ Q Q °o Q ~ rn o 0- Q ( a •L Q N M N r" Vl 2 Z O oa M O M s v Z y C4 _ °O N Cl ~O ~ d R d _ ~ d .L LL 2 O 0 O 0 0 ¢ Q ¢ n ED ~ O O 0 Q . 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