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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