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1992-088-Specifying Rules, Procedures And Criteria For The Town's Below Market Price Housing ProgramRESOLUTION 1992 -88 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SPECIFYING RULES, PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PRICE HOUSING PROGRAM THIS resolution establishes the rules, procedures and criteria that will be used to administer the BMP Housing Program as requested pursuant to Zoning Ordinance Sections 3.90.100 through 3.90.135. RESOLVED: L GENERAL PROVISIONS A. Every multifamily rental dwelling project at the time of building permit, every residential condominium or planned development residential subdivision at the time of subdivision, and every community apartment project and every residential stock cooperative apartment or unit project at the time of subdivision if the transaction involves subdivision, or at the time of sale, if it does not, shall contain one or more BMP dwellings according to the rules listed below with the following exception: Any planned development with an underlying zone of HR, shall only be required to pay an in -lieu fee as established by section F of this resolution. 1. Projects containing five or more but fewer than twenty market rate units must provide a number of BMP units equal to 10 percent of the number of market rate units. 2. Projects which include 20 to 100 market rates units must provide BMP units as determined by the following formula: Number of BMP units = .225 (total # of market rate units) - 2.5 3. All projects in excess of 100 market rate units must provide a number of BMP units equal to 20 percent of the market rate units. CS008: a: \RESOS \CS051892. R88 -1 - 4. Whenever the calculations of below market price units result in a fraction of one -half or more, the number of units to be reserved is increased to the next whole number. B. Applicant Priority Point system to establish applicant rating and ranking. Six points: (i) Senior citizens who reside in the Town at the time of application and have lived in the Town for at least the prior two years. A senior citizen is defined as any person 62 years of age or older at time of application or married couples living together when at least one spouse is 62 years of age or older at time of application. (ii) Salaried Town employees as defined in the Town's Personnel Rules, who have been employed by the Town for a period of no less than 12 months prior to the time of application. (iii) Senior Citizens who have lived in the Town for at least two years and have moved out of the Town within the last five years prior to the time of application. (iv) Handicapped persons who reside in the Town at the time of application and who have lived in the Town for at least the prior two years. (v) Households which are required to relocate their residence as a result of Council action. Five points: Single heads of household with dependent children who reside in the Town at the time of application and have lived in the Town for at least the prior two years. Four points: Persons who live in the Town of Los Gatos at time of application and who have lived in the Town at least the prior CSDO8:e: \RESOS \CS051892.R88 -2 two years. Three points: Persons who work in the Town of Los Gatos at time of application and have worked in the Town for at least the prior two years. Two points: Households who have lived in the Town for at least 10 years and have moved out within the last five years prior to the time of application. One point: Households who live or work within Santa Clara County at the time of application and are eligible according to family size and income criteria. Household size is worth two points per person. Applicants will be ranked according to total points and must have at least one point to be eligible for consideration. 2. Household Size /Unit Size: The objective of the BMP Housing Program is to maximize the number of people who may benefit from the BMP housing units. Applications for any unit will first be prioritized according to the point system above and then in order of household size. C. Confidentiality Client information is confidential and not considered public information except for statistical information on the BMP units and general demographic information on the buyers and renters of BMP housing units. Through implementation of the BMP program the Town is attempting to provide a supply of low- moderate income housing not to set the occupants of such housing apart from the general community, attaching a stigma to the occupants. Furthermore, no public interest is served by disclosure of this information. The address of the projects containing BMP units (not the CSD08:a: \RES0S \CS051892.R88 - 3 - individual units) may be provided as well as a range of sales prices. II. OWNER OCCUPIED UNITS A. Applicant Eligibility 1. Household Income: Income limits are set according to household size and range from 80 percent - 120 percent of the Santa Clara County Median Income, as determined by the Federal Department of Housing and Urban Development. Current income guidelines are attached as Exhibit A. 2. Buyer Qualification: a. A buyer's qualification is determined by the family's ability to make the monthly payments for the unit. The monthly housing cost shall include the following factors: - Unit Price - Current Lending Rates - Estimated Taxes - Estimated Insurance Costs - Homeowner's Fees Other expenses as determined necessary by the lender. b. All persons must qualify for their own mortgage without assistance from the Town. Qualifications must include the ability to pay taxes, insurance, closing costs and any homeowner association fees in addition to the mortgage. C. For a resale unit, the closing costs and title insurance shall be shared by the buyer and seller in a manner consistent with the previous sale /purchase of the unit. For a new unit, the fee shall be shared by the Town from the in -lieu fees, and the buyer. B. Buyer Selection 1. Applications determined to be eligible according to Section II. A. will be prioritized in accordance with the point system described in Section I.B. CSDO8:a: \RES0S \CS051892.R88 -4 - 2. A lottery will be used to rank each qualified applicant in the case of a tie. 3. An applicant has two opportunities to refuse a unit before being removed from the current applicant pool. 4. Applicants who do not qualify for a particular project shall retain their eligibility. 5. The highest ranked applicant must obtain pre - approval for a loan within one week after notification of its eligibility to purchase the unit. The applicant must submit documentation of loan approval within four weeks of notification of its eligibility to purchase the unit. C. Determination of Initial Selling Price 1. The initial sales price of the unit will be determined by consultation between the Town Manager or delegate and the developer within the price range outlined in Exhibit B, "Initial Selling Price." The Manager is authorized to approve changes in specifications to lower the price of the BMP units which do not violate any Town code or ordinance requirements, such as changes in carpeting, lighting fixtures, etc. The initial price will be set by a BMP price agreement, which must be signed by the Town Manager and the developer prior to the Planning Commission review of the project. 2. The initial price of a unit may include direct construction costs and may include a proportionate share of the costs of providing utility services, required on -site improvement, financing and premium points, loan standby fees, landscaping and parking, provided that the price shall not exceed an amount which will allow a range of qualified buyers (as defined above) to purchase a unit. 3. The initial price shall not include cost of land, builder's profit, marketing costs, planning, promotional or advocacy expenses, options preliminary drawings, preparing working drawings and specifications, off -site improvements, public agency fees, bonds, insurance, recreational CSDOB:e: \RESOS \C5051892AW - 5 - facilities and engineering and architectural fees related to construction. 4. The range in which the initial selling price shall be set will be determined through completion of the following calculation on an annual basis (See Exhibit B): a. Calculation of the Housing Multiplier L Determination of Total Housing Cost Sales Price - 10 percent down payment = mortgage • Annual Debt Service • Taxes • Homeowners Fees • PMI = Total Housing Cost ii. Determination of Minimum Household Income Assume 30 percent of household income to go towards housing: Total Housing Cost /.30 = Minimum household income iii. Determination of Multiplier Sales Price /Minimum Household Income = Multiplier b. Initial Sales Price Ranges Minimum and maximum sales prices are established by completing the following formula for a range of family sizes: Income (80, 100, and 120 percent of median income) x multiplier = sales price. D. Deed Restrictions 1. All Below Market Price dwelling units must be owner - occupied except as noted in 2. below. 2. Owners of Below Market Price dwelling units are not permitted to lease, rent, sublet, or otherwise assign their interest in the property, except that the property may be leased for a maximum of 12 months within a 10 -year period. Tenants will be limited to persons whose CSD08:a: \RESOS \CS051892.R88 - 6 - annual income is less than 80 percent of the County's Median Income as defined by the Federal Department of Housing and Urban Development. Priority will be given to those households whose income is less than 50 percent of the median income as defined by H.U.D. Income guidelines determined by H.U.D. are set forth in Exhibit A. Rents will be restricted to thirty percent of the maximum H.U.D. income for low income households. Household size will be assumed as follows: studio and one bedroom -1 person; two bedrooms - 3 persons; three bedroom - 4 persons. All leases must be arranged through the Town or its designee and the Owner must accept qualified tenants. 3. In order to lease a unit under the terms of 2. above, the owner must still be qualified within the income limits of the Below Market Price Program in effect at the time of the lease, otherwise the owner must sell the unit. 4. The Town has the right of first refusal on the sale of the BMP units. The Town must exercise its right of refusal within six months from notice of availability of a unit. The developer has second right of refusal on first sale of all new units if the Town is unable to find a buyer. 5. Resale provisions are provided in Section E. below. E. Resale of Units 1. If the owner elects to sell his /her unit, the Town must be notified. 2. When a Below Market Price dwelling unit becomes available for resale, the owner must allow the Town to set the resale price and make the unit available to other program applicants. 3. The Town, after receiving a recommendation from the Agent will determine the resale price in accordance with the deed restriction recorded on the property. 4. Agent notifies the next qualified buyer in the application pool. CSD08:a: \RES0$ \CS051892.R88 - 7 - F. In -Lieu Fees 1. Establishment of Fee: Projects with five or more but less than ten units may pay a fee in- lieu of building a BMP unit in order to comply with the requirements in Section I.A. Hillside Planned Developments with five or more residential building sites shall require the payment of an in -lieu fee. The fee shall be equal to the amount of six percent of the building permit valuation for the project. The total building permit valuation is determined by the chief building official. 2. Fees will be paid prior to or at close of escrow of each unit. 3. In -lieu fees will be deposited into the Town's Affordable Housing Fund. Funds will be used, in part, for administration of the program. Applications /recommendations for use of remaining funds will be reviewed as received. Possible use of the funds include, but is not limited to, the following: landbanking writing down the cost of owner occupied units to make them affordable to low /moderate income households purchasing rental units for renting to eligible tenants III. RENTAL UNITS A. Administration The program shall be administered by the Town or its designee. B. Applicant Eligibility 1. Household Income: In order to be eligible, applicants must have a household income under 80 percent of the County's median income as defined by the Federal Department of Housing and Urban Development. (See Exhibit A, attached.) 2. Ability to Pay Rent A tenant's ability to pay monthly rent will also be considered in CSD08:e: \RESOS \CS053892.R88 -8 - determining tenant eligibility. C. Tenant Selection 1. Applications determined to be eligible according to paragraph B, above, will be prioritized in accordance with the point system established in Section I.B. of this resolution. 2. If necessary, a lottery will be used to rank each qualified applicant in the case of a tie. 3. An applicant has two opportunities to refuse a unit before being removed from the current applicant pool. D. Management 1. BMP rental units shall be managed in the same manner as other units in the development. 2. Tenants are eligible to receive conciliation and mediation services provided through the Town's Rental Mediation Program except as they regard rent increases. E. Unit Rents Tenants will be limited to persons whose annual income is less than 80 percent of the County's Median Income as defined by the Federal Department of Housing and Urban Development. Priority will be given to those households whose income is less than 50 percent of the median income as defined by H.U.D. Income guidelines determined by H.U.D. are set forth in Exhibit A. Rents will be restricted to thirty percent of the maximum H.U.D. income for low income households. Household size will be assumed to be as follows: studio and one bedroom - 1 person; two bedrooms - 3 persons; three bedrooms - 4 persons. F. Annual Review If a tenant's income increases so that it falls between 80 and 100 percent of the County's Median income, then their rent will be set at 30 percent of their annual income; and, the unit shall still be considered a BMP Rental Unit. However, if a tenant's income exceeds 100 percent of the median, the rent will CSDOB: a : \RESOS \C5053892. R88 -9 - be at market rate; in this latter case, the unit will no longer be a BMP unit and the next available unit must be rented to an eligible household so that the number of subsidized units remains the same. FURTHER RESOLVED, that Resolution 1990 -213 is repealed PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 18th day of May, 1992 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura, Mayor Eric D. Carlson NAYES: None. ABSENT: None. ABSTAIN: None. SIGNED: 0'70 —��� MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF S GATOS LOS GATOS, CALIFORNIA CSD08: e : \ RESOS \CS051892. R88 -10- EXHIBIT A CURRENT INCOME GUIDELINES DETERMINED BY FEDERAL DEPARTMENT OF HOUSING & URBAN DEVELOPMENT REVISED 4/17/91 OF MEDIAN 50 80 100 120 Persons In Household 1 20200 26600 40400 48500 2 23100 30400 46700 55450 3 25950 34200 51900 62300 4 28850 38000 57700 69200 5 31150 41050 62300 74800 6 33450 44100 66900 80300 7 35750 47100 71500 85800 8 38100 50150 76200 91400 Revised Guidelines, Incorporated into Resolution: 1986 -45 Date: 4/6/86 Revised through Resolution 1988 -45 Date: 2/6/88 Revised through Resolution 1989 -53 Date: 4/24/89 Revised through Resolution 1990 -213 Date: 10/15/90 Revised through Resolution 1992 -88 Date: 5/18/92 CSD01:N: \reports \GUIDELIN.HUD [ONW -}�7 INITIAL SALES PRICE RANGES 1. Calculation of the Housing Multiplier To calculate the initial sales price ranges the Town of Los Gatos multiplies the current income guidelines (determined by the Federal Department of Housing and Urban Development) by 2.28. Assumptions: • Loan: 12 %, 30 Year • Private Mortgage Insurance: .44% of Loan Amount • Underwriting Ratio: Total housing cost no more than 30% of total income a. Determination of Total Housing Cost EXAMPLE A EXAMPLE B Sales Price $130,000 $50,000 10% down - 13.000 5.000 $117,000 $45,000 Annual Debt Service $12,969 $ 4,988 (12 %, 30 Years) Taxes (rate of 1.15 %) 1,495 575 Homeowners Fees ($100 mo.) 1,200 1,200 PMI (Private Mortgage Ins.) .44% 515 198 Total Housing Cost $16,179 $ 6,961 b. Determination of Minimum Household Income EXAMPLE A EXAMPLE B Total Housing Cost $16,179 $6,961 0.3 0.3 = $ 53,930 0.3 = $23,203 c. Determination of Multiplier Sales Price Minimum Household Income Average multiplier = 2.28 EXAMPLE A 130 000 53,930 = 2.41 EXAMPLE B $50,000 23,203 = 2.15 -2- 2. Initial Sales Price Ranges The following chart reflects the sales prices affordable for families at 80, 100, and 120 percent of the County median. (Income X 2.28 = Sales price). SALES PRICES Household Size 80% 100% 120 %, 1 60,648 92,112 110,580 2 69,312 106,476 126,426 3 77,976 118,332 142,044 4 86,640 131,556 157,776 5 93,594 142,044 170,544 6 100,548 152,532 183,084 7 107,388 163,020 195,624 8 114,342 173,736 208,392 SALES PRICE RANGE Unit Size Studio 1 -2 People $60,648 to $110,580 1 Bedroom 60,648 to 126,426 2 Bedroom 69,312 to 157,776 3 Bedroom 86,640 to 183,084 4 Bedroom 93,594 to 208,392 Revised Guidelines, Incorporated into Resolution 1986 -45 Date: 4/7/86 Revised through Resolution 1989 -53 Date: 4/24/89 Revised through Resolution 1990 -213 Date: 10/15/90 Revised through Resolution 1992 -88 Date:5 /18/92 CSDOI:A: \HOUSING \SLSPRICE.RNG