12-20-2010 #2 Resolution consenting to allow the villa Capri homeowners assciation to change the age restriction for the senior housing development located at 576 w.Parr avenue Apns: 406-43-037 through 406-42-0711 pW N OF
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DATE:
TO:
FROM:
December 20, 2010
MEETING DATE: 1/18/11
ITEM NO:
CONSENT
GREG LARSON, TOWN MANAGER
SUBJECT: RESOLUTION CONSENTING TO ALLOW THE VILLA CAPRI
HOMEOWNERS ASSOCIATION TO CHANGE THE AGE RESTRICTION
FOR THE SENIOR HOUSING DEVELOPMENT LOCATED AT 576 W. PARR
AVENUE. APNS: 406 -43 -037 THROUGH 406 -42 -071
RECOMMENDATION
Adopt resolution consenting to allow the Villa Capri Homeowners Association to change the age
restriction for the senior housing development located at 576 W. Parr Avenue.
BACKGROUND:
The current age restriction specified in the CC &R's for the Villa Capri senior housing
development located at 576 W. Parr Avenue, is 62 years of age or older. The Town has owned
two BMP units in this development since August of 2006.
In January of 1986, the Town amended the Planned Development Ordinance (PD) at this site,
Ordinance No. 1670. The PD included a performance standard that the occupancy be restricted
to senior citizens as defined by the Town's Zoning Ordinance. At that time, the definition of a
senior citizen was, "any person 60 years of age or older, or married couples living together when
at least one spouse is 60 years of age or older." The original PD, Ordinance No. 1632, allowed
the development to have a higher minimum age limit through their CC &R process. The current
definition of senior citizen, adopted by the Town on December 1, 1986 to be consistent with
current State requirements, is "any person 62 years of age or older, subject to the restrictions and
exceptions as provided by Civil Code Section 51.3." The exception of the Civil Code is that the
age is reduced to 55 years or older in a senior citizen housing development. Pursuant to the
approved PD, a Town Council resolution is required to allow the HOA to modify their CC &R's
regarding the age restriction.
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PREPARED BY :� Wendie R. Rooney, Director of Community Development
Reviewed by: Town Manager Assistant Town Manager -( Town Attorney
Finance Community Development `�V
N: \DEV\TC REPORTS\2010\villacapri.doex
Reformatted: 5/30/02
PACE
MAYOR AND TOWN COUNCIL
SUBJECT: 576 W. Pair Ave
December 20, 2010
DISCUSSION
On October 20, 2010, the homeowners of Villa Capri, approved by ballot, to change the age
restriction from 62 to 55 to be consistent with State age limit requirements for senior housing
developments. Pursuant to the approved PD, the property manager of the HOA has submitted a
written request to the Town to change their CC &R's regarding the age restriction (Attachment
1).
Town staff strongly supports the approval of the age change for the following reasons:
The proposed age limit will be consistent with State requirements, which was the Town's
intent when the PD was approved.
The lower age limit will open up the opportunity to sell the units in the complex, which
will be beneficial to the Town's BMP program. Since the Town purchased the units,
every effort has been made to sell them to income eligible households. For the last year,
with Council approval, the vacant unit was attempted to be sold as a market rate unit,
with no success. It is clear that the Villa Capri units appeal to an extremely small pool of
potential buyers, who must be at least 62 years old under the current age restrictions and
need to be able to walk up and down a flight of outdoor stairs to access their unit.
FISCAL IMPACT
None
ENVIRONMENTAL ASSESSMENT
Is not a proj cot defined under CEQA, and no further action is required.
Attachments
1. Letter from Anthony Schrock, (one page) received December 3, 2010
2. Proposed Resolution
Distribution
Anthony Schrock, Property Pro, LTD, 14127 Capri Drive, Suite 8, Los Gatos, CA 95032
WRW:S LB: ct
PROPERTY PRO, LTD.
ecember 1 2010
Sandy L. Baily DEC 3 — 2010
AICP Senior Planner
Town of Los Gatos TOWN O L S GAT IV
110 E. Main St.
Los Gatos, CA 95031
Re: Villa Capri HOA, 576 West Parr Ave., Los Gatos, CA 95032 — Reduction of Age Limit for
Residency
Dear Ms. Baily;
On behalf of our Board of Directors at Villa Capri HOA, we wish to advise you that — by ballot
on October 20 2010 — the homeowners have passed amendments to the By -Laws and CC &R's
to reduce the age requirement for residency at Villa Capri from 62 years of age to 55 years of
age.
We request that the Town Council adopt the resolution to reduce the age requirement from 62
years of age to 55 years of age. The amendments will be effective upon the passage by the
Council of said resolution, and subsequent recording of the amended documents and
certifications by the County of Santa Clara. If you have any questions, please feel free to contact
the undersigned.
Sincerely,
PROPERTY PRO, LTD.
For Villa Capri H
Anthony Schrock
Certified Property Manager
CC: Board of Directors
14127 Capri Drive, Suite 8, Los Gatos, CA 95032 -1534 • 408 -378 -1730 • Fax 408 - 378 -0650
Attachment 1
THIS PAGE
INTENTIONALLYLEFT BLANK
RESOLUTION 2011-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS CONSENTING TO ALLOW THE VILLA CAPRI
HOMEOWNERS ASSOCIATION TO CHANGE THE AGE RESTRICTION FOR THE
SENIOR HOUSING DEVELOPMENT LOCATED AT 576 W. PARR AVENUE
APNS: 406 -43 -037 THROUGH 406 -42 -071
WHEREAS, the Villa Capri homeowners held an election on October 20, 2010, and
passed amendments to their bylaws and CC &R's to reduce the age restriction from 62 to 55 to be
consistent with State age limit requirements for senior housing developments; and
WHEREAS, the Town of Los Gatos adopted Planned Development Ordinance No. 1670
for 576 W. Parr Avenue which included a performance standard that a Town Council resolution
is required to allow the Homeowners Association of the development to modify their CC &R's
regarding the age restriction; and
WHEREAS, the Town Council of the Town of Los Gatos has received a request to
change the age restriction for Villa Capri, from 62 to 55.
NOW,THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE that the Town consents to allow the Villa Capri Homeowners
Association to change the age restriction from 62 to 55 to be consistent with the State age limit
requirements for senior housing developments.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held the 18th day of January, 2011, by the following vote:
TOWN COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Attachment 2
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
LOS GATOS, CALIFORNIA
N ADE V \RESOS \v i I lacapri. do c