2011050201 - 445 Alberto Way - Los Gatos CommonstoWN of MEETING DATE: 5/2/11
ITEM NO:
CONSENT
e
COUNCIL AGENDA REPORT
DATE: April 19, 2011
TO: MAYOR AND TOWN COUNCIL G �f)
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: RESOLUTION CONSENTING TO ALLOW THE LOS GATOS COMMONS
HOMEOWNERS ASSOCIATION TO CHANGE THE AGE RESTRICTION
FOR THE SENIOR HOUSING DEVELOPMENT LOCATED AT 445
ALBERTO WAY. APNS: 529 -46 -001 THROUGH 529 -46 -066 AND 529 -47-
001 THROUGH 529 -47 -044
RECOMMENDATION
Adopt resolution consenting to allow the Los Gatos Commons Homeowners Association to
change the age restriction for the senior housing development located at 445 Alberto Way, from
62 to 55.
BACKGROUND:
The current age restriction specified in the CC &R's for the Los Gatos Commons senior housing
development located at 445 Alberto Way is 62 years of age or older.
In December of 1986, the Town amended the Planned Development Ordinance (PD) at this site,
Ordinance No. 1696. 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. 1279, 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.
N
PREPARED BY : 0 Wendie R. Rooney, Director of Community Development
Reviewed by: 1 Town Manager
Finance
_ / Assistant Town Manager Clerk
Community
Development 7cW1Ak of �
N:WEV\TC REPORTS\2011 \445 Alberto Wy -LG Commons.5 -2 -1 Ldocx
Refonnatted: 5/30/02
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 445 ALBERTO WAY
May 2, 2011
DISCUSSION:
In February of 2011, the homeowners of Los Gatos Commons, 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 legal counsel 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 to be consistent with State
requirements, which was the Town's intent when the PD was approved. On January 18, 2011,
the Town Council approved the same request for the Villa Capri Homeowners Association for
the property at 576 W. Parr Avenue. Town staff is not aware of any other senior housing
developments in Los Gatos that will need to make this change.
FISCAL IMPACT
None
ENVIRONMENTAL ASSESSMENT
Is not a project defined under CEQA, and no further action is required.
Attachments
1. Letter from Jeffrey A. Barnett, (two pages, enclosures not included) received March 29, 2011
2. Proposed Resolution
Distribution
Jeffrey A. Barnett, 101 Metro Drive, Suite 250, San Jose, CA 95110
WRR:SLB:ct
LAW OFFICES OF
JEFFREY A. BARNETT
A PROFESSIONAL CORPORATION
101 METRO DRIVE, SUITE 2SO
SAN JOSE, CALIFORNIA 95110
TELEPHONE 14081 441 -7800
FACSIMILE (408) 441 -7302
E -MAIL JEFFREY @HOA- LAW.COM
March 28, 2011
Sandy L. Baily, AICP
Town of Los Gatos
Community Development Dept., Plam ing Division
110 East Main Street
PO Box 949
Los Gatos, California 95031
Re: 445 Alberto Way/Los Gatos Commons
Dear Sandy:
d iAR 2 9 2 lJ i ' I
TOWN OF LOS GATOS
PLANINI G DIVISION
Reference is made to your letter to me of December 20, 2010, a copy of which is enclosed.
The membership of Los Gatos Commons voted by an overwhelming two- thirds majority last
month to pursue the reduction of the minimum age for occupancy from 62 years of age or
older to 55 years of age or older, subject to the requirements of California and federal law.
I enclose for your convenience of reference my letter of November 12, 2010 to Michael
Martello, former Town Attorney, which discusses the federal and state legal issues and Town
Ordinance requirements in further detail.
I also am enclosing a discussion draft of an Amendment to Los Gatos Commons' First
Restated Declaration of Covenants, Conditions and Restrictions which will be presented to
the members for voting approval when it has been approved by the Town Council. You will
see that the amendment also covers a few issues in the Declaration unrelated to age
restrictions.
Would you kindly commence the processing of the resolution necessary to approve this
change in the age restriction and notify me of your anticipated tirne line for Town function
on this request.
Attachment 1
Sandy L. Baily, AICP
March 28, 2011
Page 2
Very truly yours,
Jeffrey A. Barnett
A Professional Corporation
y
Jeffrey A. Barnett
JAB:blh
Enclosures
cc: Board of Directors
o' \useBUOI IWaily Ig commons .wpd
RESOLUTION 2011-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS CONSENTING TO ALLOW THE LOS GATOS
COMMONS HOMEOWNERS ASSOCIATION TO CHANGE THE AGE RESTRICTION
FOR THE SENIOR HOUSING DEVELOPMENT LOCATED AT 445 ALBERTO WAY
APNS: 529 -46 -001 THROUGH 529 -46 -066 AND 529 -47 -001 THROUGH 529 -47 -044
WHEREAS, the Los Gatos Commons homeowners held an election in February of 2011
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. 1696
for 445 Alberto Way 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 Los Gatos Commons, 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 Los Gatos Commons
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 2nd day of May, 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:\DE VXRESO S \Iosgatoscommons, doc