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Separate Courthouse Property from other AHOZ Sitesp ow N� ,� MEETING DATE: 06/04/12 ITEM NO: t s COUNCIL AGENDA REPORT OS GA'�0 DATE: May 29, 2012 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: REQUEST TO SEPARATE THE AHOZ REVIEW PROCESS FOR A PORTION OF THE FORMER COURTHOUSE PROPERTY FROM THE REMAINING AHOZ PROPERTIES RECOMMENDATION Approve the separation of the 3.4 acre portion of the Courthouse property from the four other AHOZ sites to allow KT Properties to process a mixed income (affordable and market rate) housing development generally consistent with the GPC recommendations on the AHOZ development standards. BACKGROUND The former 5.2 acre County Courthouse and office property on the northwest corner of Knowles and Capri Drives has been identified in the Town's approved Housing Element as one of the five Affordable Housing Overlay (AHOZ) Properties. KT Properties has entered into a due diligence process with the County to purchase two parcels totaling 3.4 acres of the three parcel site. KT Properties was under contract with the County to purchase these parcels. The contract has recently expired and KT Properties is currently working with the County to re -enter into the contract. The two parcels wrap around the corner 1.8 acre parcel on Knowles and Capri Drives. KT Properties has been participating in the General Plan Committee's (GPC) review of the AHOZ development and architecture standards. DISCUSSION The GPC has completed its review and made recommendations on the development standards for the five AHOZ sites, and in May and June will complete the review and recommendations on the AHOZ architecture guidelines. Staff originally intended to schedule the AHOZ for Planning Commission and Town Council review in June and August; however, based on the resulting development standards that the GPC and staff are recommending, staff believes that further environmental analysis is warranted, since the development standards are not completely consistent with those studied in the General Plan Environmental Impact Report (EIR). The additional environmental analysis will delay Planning Commission and Town Council review of PREPARED BY : Wendie R. Rooney, Director of Community Development ,6 -�- Reviewed by: _ &Assistant Town Manager —4-Jown Attorney Finance N: \DEV \TC REPORI'S\20MAI-I0L Review Process- Crt.f- 1se.Prop.'rC 6- 4- 12.doe Relormatted: 5/30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: REQUEST TO SEPARATE THE AI-IOZ REVIEW PROCESS FOR A PORTION OF THE FORMER COURTHOUSE PROPERTY FROM TIIE REMAINING AHOZ PROPERTIES May 29, 2012 the AHOZ development standards for five to six months. Staff anticipates Planning Commission review of the AHOZ, along with the environmental document, in December at the earliest. The timing depends on the level of required environmental review. Town Council consideration of the standards would occur in January 2013, at the earliest. KT Properties has filed a CDAC application that includes 15 single family lots, 17 townhomes, and 50 affordable senior apartments. The application is scheduled for CDAC review on June 13, 2012. Depending on the input from the CDAC, KT Properties has requested to begin processing a formal development application. Based on staff recommendation, KT would also process the AHOZ development standards and architecture guidelines and the General Plan Amendment and Zoning Code /Map Amendment to establish the AHOZ for this property. KT Properties would also be responsible for the required environmental document, which staff believes would be an EIR. This would effectively result in a separation of this site from the review process for the other four AHOZ sites. However, since the GPC has completed its review of the standards for this property, the separation would afford the Planning Commission and Town Council the same review process anticipated for the other four AHOZ sites. This would expedite the Courthouse property, and it would provide a better opportunity to realize up to 50 affordable senior units proposed for this property. The GPC considered KT Properties' request at the May 9, 2012, GPC meeting and directed forwarding the request to the Town Council with a recommendation to separate the Courthouse property from the other AHOZ sites to help facilitate a timely review of the KT Properties proposal. Both the GPC and staff have thoroughly explained to KT Properties the risk of processing this application in advance of the rest of the AHOZ. Staff does not find any risk to the Town as a result of separating the AHOZ process for this site. On the contrary, this process would afford the Town the benefit of analyzing the effectiveness of the AHOZ standards on an actual development application, could help facilitate the proposed affordable units, and is consistent with the Town's service philosophy of efficient project processing. FISCAL IMPACT KT properties will be financially responsible for the cost of the environmental review document, which will include the analysis of the AHOZ standards. Attachments 1. Letter from applicant dated May 2, 2012 (5 pages) Distribution cc: Mark Tersini, KT Properties, 21710 Stevens Creek Blvd., Suite 200, Cupertino, CA 95014 WRR:cgt Tuesday, May 1, 2012 From: Mark Tersini, KT Properties To: Members of the General Plan Committee, Town of Los Gatos To: Wendie Rooney, Community Development Director, Town of Los Gatos Subject: Affordable Housing Overlay Zone (AHOZ) Issues With Specific Reference to the Knowles Avenue Site The purpose of this email is to provide you with information that you requested regarding the development of affordable housing on the Knowles Avenue Property (formerly known as the Courthouse Site). KT Properties is interested in the Affordable Housing Overlay Zone issues related to this site, and has done considerable research to fully understand the possibilities for a project that would benefit the Town of Los Gatos and bring the site to its highest and best possible use. Attached to this email are two letters. In the first of these, Jan Lindenthal, Vice President, MidPen Housing, the affordable housing developer with whom we hope to partner on this project, discusses: v The need to focus the affordable housing on one portion of the site on its own legal parcel in order to facilitate the financing of the affordable housing; • The need to view the entire project, both the market rate and affordable housing, as a single project with distinct components; • The need to waive the 30% moderate income requirement in order to ensure that the project is viable and that all of the very low and low income units can in fact be constructed. The second letter is from Pete Smith, our civil engineer on this project. Pete has worked on several affordable housing projects.in which different product types have been built as part of an overall project. In these projects the different densities have been consolidated into one overall density, producing a project that has reduced the impact on neighbors by creating a community that is architecturally pleasing to both residents and those in surrounding homes. In addition, Jan Lindenthal has sent an email to Wendie Rooney that includes documents from the City of Half Moon Bay. Earlier this year Half Moon Bay approved a MidPen project similar to the one that KT Properties is contemplating for the Knowles Avenue Property, KT Properties has submitted a site plan and elevations to the Town for consideration by the Conceptual Development Advisory Committee (CDAC). This 3.34 acre site plan includes a mix of attached flats, small lot single family detached, and townhomes. The project has Attachment 1 been designed to compliment the existing medical office building along Knowles Drive to the West and seamlessly transition to the townhomes and small lot housing to the Southern and Easterly boundaries of the parcel. We are extremely fortunate to have the ability to provide three housing types on this uniquely configured 3.34 acres of land while maintaining the desired density of the AHOZ. 1 plan to attend the next meeting of the General Plan Committee, and will be happy to answer any questions that you may have. Mark Tersini KT Properties I MidPen t H O U S I N G Building Communities, Changing Lives. April 30, 2012 Mr. Mark Tersini KT Properties 21710 Stevens Creek Blvd, Suite 200 Cupertino, CA 95014. Dear Mark: As a follow up to our meeting last week, I wanted to provide my recommendations regarding the structuring of the affordable housing component of the Los Gatos Courthouse, Knowles Drive project. First, let me begin my explaining that it is not unusual in an inclusionary housing project for the affordable housing to be "focused" on one portion of the site, rather than "sprinkled" throughout the site on a "door by. door" basis. The primary reason for this is that focusing the affordable housing in a central location on the site is necessary to facilitate the financing of the affordable housing. This financing which largely comes from the sale of low income housing tax credits to a private investor requires that the affordable housing sit on its own legal parcel that can be Iegally and specifically restricted for affordable housing for 55+ years as a condition of securing the tax credits. Second, in a situation such as this where the inclusionary housing requirement is expanded via an Affordable Housing Overlay Zone to 50% of the total units in the project or more, the need to centralize the affordable housing on the site is even more acute as it is virtually impossible to finance this number of affordable housing units in a project in any other way and still maintain the overall financial feasibility. of the project. This requires that the entire project, both market rate and affordable components, be viewed really as one project with distinct components. Viewed in this way, the project does provide a variety of both housing types and affordability levels on site although the components may be ultimately developed by different parties. This is very analogous to virtually any master planned community where uses are concentrated on different portions of the site to create a diverse neighborhood of housing types, enhance neighborhood compatibility and facilitate housing affordability. We have seen numerous examples of this from Half Moon Bay to Santa Cruz County to the redevelopment of the Former Fort Ord Military Base and believe that such an approach is essential if the goal of achieving 50% affordability for very low and low income households is to be achieved. Finally, I understand that the Town's current proposed affordability for the Los Gatos Courthouse site includes not only 50% affordability for very low and low income households but also an additional 30% requirement for moderate income households. In this current market, affordable moderate income housing is very difficult to accomplish for two reasons. First there 303 Vfntage park Drlve, Sufte 250 t. 650.356.2900 e, midpen ®mldpen- housfng.org Foster City, CA 94404 f. 650,357.9766 www.midpon- housing.org are no specific financing sources to assist moderate income buyers at this time and second, in my experience, moderate income buyers would rather buy a "fixer upper" house via a short sale rather than purchase a new home with a resale restriction requiring that it be sold in the future to another moderate income homeowner. As a result, it would be my recommendation that the AHOZ affordability requirement include some provisions to waive the 30% moderate income requirement in the event one or more of the following conditions are met; a. If more than 50% of the total units in the project are provided as affordable (as is the case in the Courthouse site (52 affordable out of 85 total units or 60 %) and/or b. Where a diversity of product types is created from rental apartments to townhomes to detached single family homes, enhancing overall neighborhood compatibility and/or c. Where the average affordability of the affordable units exceeds the required affordability under the AHOZ ordinance by at least 10 %. In the case of the Gourt house site the- r- equired- affordability -for very- low /low- income units is -an — -- - - - _ -- - average of 60% AMI, the actual affordability that would be provided is 45 %. I applaud the Town's goal of requiring.50% affordability on these designated sites, however in order to achieve this goal, it will require flexibility and creativity to ensure that both the market rate and affordable components of the project are financial feasible. Should you have any further questions, feel free to call me at (650) 356 -2919. Sincerely, Jan Lindenthal Vice President of Real Estate Development IvlidPen Housing Corporation g " gagau, .06M gc.' Crielea W. Davids«,, President A California Corporation Peter smah, Vice Pm dert Consuidng CMI Engineers Wendle Rooney Community Development Director Town of Los Gatos 110 E. Main Street Los Gatos, CA; 95031 Re, Capri Dr. & Knowles Dr. Dear Ms. Rooney, May 1, 2012 Job No. 1865 I apPredate the opportunity to meet with you and Suzanne last Friday to discuss Mark's project on the Courthouse site. I left several examples of projects that we have done in ether cities where we combined ditmnt Product types within the same project and consolidated the different densities Into one overall density. One of the reasons for using this approach is site design, placing the higher densities and taller buildings along major street frontages and lower densities and heights next to existing lower density neighborhoods. This Is particularly Useful for aflbrdable housing projects, mixed use, or transit corridor projects, On projects that Include those features, cities typically want higher densities and using different densities within a project helps to achieve the goal while reducing the Impact on the neighbors. On larger projects it's not uncommon to have different developers construct c iffer�ent portions of a project with different product types and densities, Please feel free to contact me at mit . acedco.ccm or at (408) 491 -7709 If you have any questions or need additional information. Sincerely, Peter Smith, P Charles W. Davidson Co, Tius PAGE INTENTIONALLY LEFT BLANK