17 Addendum - 347 Massol AvenueowH Q~
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DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
DECEMBER 12, 2008
MAYOR AND TOWN COUNCIL
ORRY P. KORB, TOWN ATTORNEIT
I
MEETING DATE: 12-15-08
ITEM NO. 17
ADDENDUM
347 MASSOL AVENUE
ADOPT PLANNED DEVELOPMENT ORDINANCE MAKING A ZONE
CHANGE FROM RM:5-12 TO RM:12-20:PD FOR A FIFTY-SIX LOT
RESIDENTIAL SUBDIVISION TO CONVERT THE EXISTING
APARTMENTS TO CONDOMINIUMS AT 347 MASSOL AVENUE (APN
510-14-004) (BAY TREE APARTMENTS)
DISCUSSION:
The conditions of approval of the PD ordinance previously introduced by Council and attached to
the current staff report, includes condition 8a., intended to require that the applicant prepare a
Tenant Relocation Assistance Services Program intended to address concerns raised by and/or
about existing tenants. The PD ordinance also includes condition No. 3, stating, among other
things, that "the applicant shall meet with the Director of Community Services prior to the
issuance of any permits or the recordation of the fmal subdivision map to commence the BMP
process for the units."
Thereafter the applicant developed a plan (Attachment 10) proposing that five (5) senior
residents remain in their units as rental tenants, essentially for as long as they choose or are able
to do so. The applicant proposed that these continuing tenants would occupy what are ultimately
intended to be BMP units. The staff report states that the BMP Guidelines must be amended to
accommodate what would in effect be a deferral of the obligation to provide the required number
of BMP units.
As introduced, the PD ordinance conditions do not secure the applicant's plan to allow the five
senior tenants to remain while also ensuring compliance with the requirements of the Town's
BMP requirements. In order to secure these obligations, I recommend a change to condition No.
3, which would make approval of the final subdivision map dependent on the adoption of the
PREPARED BY: ORRY P. KORB
Town Attorney
0PK-LMB1wp [N.XMGkUdminWorkFilesCrown AtwrneylCauncil ReportsU2-12-08 ADDENDUM 317 Massa] (9aytree).wp4
Reviewed by: Town Manager Assistant Town Manager Clerk
Finance Community Development
Rev: 12/12108 5:19 pm -
Reformatted: 7119/99 Fild 301-05
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 347 MASSOL (BAYTREE)
DECEMBER 17, 2008
necessary amendments to the BMP Guidelines and an agreement between the applicant and the
Town detailing the terms of the long term tenancies and the ultimate conversion of their units to
owner-occupied BMP units. The change would authorize the Town Manager to approve the
agreement without further action by Council. The new version of condition No. 3 reads as
follows:
BELOW MARKET PRICE (BMP) UNITS: Eight (8) BMP units shall be
provided as part of the approved development plan per Town Code
sections 29.10.3025 and 29.10.3030. Each BMP unit shall be renovated
by the applicant at no cost to the Town, tenant or ultimate owner(s) as
follows: (1) refinish and/or replace all cabinets and counter tops; (2)
repaint the entire unit; (3) replace all carpeting; (4) replace all door knobs,
faucets and other hardware; and (5) install a washer and dryer. Prior to
recording the final subdivision map or issuing any permits: (1) the Town
Council must approve amendments to the Town's BMP Guidelines
consistent with the applicant's Relocation Assistance Plan (Attachment 10
to Town Council Staff Report dated December 11, 2008); and (2) the
applicant and Town shall enter into an agreement(s) as deemed necessary
and in a form approved by the Town Attorney, with covenants that secure
the applicant's obligation to provide the BMP units. The Town Manager
is hereby authorized to approve said agreement on behalf of the Town.
The applicant shall be responsible for any legal costs that may be incurred
by the Town in the preparation and approval of these amendments and
agreement(s).
Approving this change in condition No. 3 further clarifies the intent of Council at the time of the
introduction of the ordinance, but, nevertheless results in an alteration of the language of the
ordinance. Consequently, if Council accepts this recommended alteration, I further recommend
that final adoption of the ordinance occur at the next meeting of Council.
Please note the attached correspondence from Wilfrid J. Houde received on this date expressing
opposition to the adoption of the PD ordinance.
Attachment:
Correspondence from Wilfrid J. Iloude dated December 12, 2008.
December 12, 2008
To Town council, Town of Los Gatos
Subject: Bay Tree Condo Conversion
DEC ~t
DE1 2008
GL ER, DF;I'AFt'f+Viti.i 1T
The frustrations of Almond grove, citizens, neighbors
or
The unintended consequences of poor governance
It is very apparent that the process of approving the condo conversion of Bay
tree Apartments has suffered very poor governance from our elected officials. This
project was voted down by the Planning Committee over six months ago because of the
lack of specific rules, and to this day there still are no determining rules for this process.
During a council meeting it was stated " We should make this a gold standard, best
practices type of project." We are still looking for these standards or practices. The
surrounding communities of San Jose, Campbell, Palo Alto can provide excellent
starting examples. I assume the Town Council is accountable to make this happen?
The matters of major concern are as follows:
A) Codified Rules and best practices
Lack of codified rules for this conversion will have impact on future applications for
condominium conversions. A precedent is being set which is bound to to have
unintended future consequences.
131) Parking
What controls are in place by the developer to assure that the condominium owners will
not continue to use 20 parking spaces on public streets.? A three month survey
indicated that an average of 17.5 cars were parked on public streets in the area
between 6PM and 6AM. (The Bay Tree web site indicated there was an average 6 units
unoccupied during this period.)
132) Parking
We still have a bogus parking plan.
1)Parking slots are shorter than that required by code.
2)ingress and egress driveways widths have been compromised to fit the
situation.
3)Tandem parking is not even mentioned in the code.
4)There is no provision for visitor or guest parking.
5)What provisions have been made for handicapped parking?
C) Property Improvement
What has been done to improve the finding of the May 2, 1973 Planning commission
denial of conversion for the following reason:
"The design and type of improvements are not suitable for the type and density of
development in that there is no provision for through vehicular circulation, resulting in
improper restriction on access by emergency vehicles, and in that there is insufficient
access to the parking spaces that are provided."
How does this square with the 48 additional parking spaces that will exacerbate this
situation?.
D) Opportunity to improve safety services.
With all of the money being spent to make improvements on this project it would seem
reasonable for this almost 50 year old structure be upgraded with fire sprinklers. There
is no fire hydrant in the rear of the building where there is no access to fire equipment. It
would seem reasonable to request that water service for firefighting be brought to the
rear.
For citizens, taxpayers, and neighbors this has been a very frustrating process to
observe and be part of. Our communications and interactions with the staff leave us
with the feeling that regardless of all the codes in the the Town Ordinance they have
been told to "make this happen". If all of these inconsistencies with code are existing in
the planning process what governance can we expect with the remaining building codes
if the actual conversion is permitted?
The unintended consequences of poor governance on this project does not provide
citizens with a feeling that future developments will receive the proper attention to
continue to make Los Gatos a very special place to live in.
Sincerely,
Wilfrid J. Houde
315 Massol ave.
408-395-7952 y