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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 a•. Win. /' !ps GhtpS 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. {v 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