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8�pW N 0 .t cos Ga��. COUNCIL AGENDA REPORT DATE: OCTOBER 18, 2012 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER MEETING DATE: 11/5/12 ITEM NO: e SUBJECT: PLANNED DEVELOPMENT APPLICATION PD -12 -002. PROJECT LOCATION: 626 W. PARR AVENUE (AKA 612 W. PARR AVENUE) PROPERTY OWNER: VILLA VASONA LTD. APPLICANT: HIGHLAND PROPERTY DEVELOPMENT. APN: 406 -.28 -034. INTRODUCTION OF AN ORDINANCE MODIFYING AN EXISTING PLANNED DEVELOPMENT ORDINANCE TO REMOVE EXISTING COVENANTS THAT ARE NO LONGER VALID ON PROPERTY ZONED R- 1:8:PD. RECOMMENDATION: After opening and closing the public hearing, and asking the Clerk Administrator to read the title of the proposed ordinance, it is recommended that the Town Council: 1. Waive the reading of the proposed ordinance; 2. Make the required finding that the proposed zone change is consistent with the General Plan and its Elements. (Attachment 1); and 3. Introduce the ordinance of the Town of Los Gatos to effectuate the zone change modification (Attachment 3). BACKGROUND: On September 28, 1983, the Town entered into an Agreement for Disposition of Property with Villa Vasona Ltd. for the property at 612 (AKA 626) W. Parr Avenue, On December 1, 1986, Ordinance 1698 was adopted by the Town Council. Ordinance 1698 allowed for the construction of 107 Section 8 senior apartments, including ten units for the physically handicapped. 4 PREPARED BY: Todd Capurso, Acting Director of Community Development Reviewed by: Assistant Town Manager Town Attorney Finance N:\DEV \TC REPORTS \2012 \VillaVasonaPDAmendment.TC 11- 5- 12.doex Reformatted: 5 /30/02 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 612 (AKA 626) W. Parr Avenue /PD -12 -002 October 18, 2012 On September 5, 1989, the Town entered into the First Amendment to the September 28, 1983 Agreement for Disposition of Property with Villa Vasona Ltd. This amendment was necessary because the property was transferred from Jack W. Sheehan to PMG. On March 19, 2012, Town Council adopted a resolution finding that Highland Property Development (Highland) is willing and able to fulfill the obligations of the developer under the existing agreement or any amendments thereto as required by Ordinance 1698. On June 18, 2012, Town Council adopted a resolution authorizing the Town Manager to: • Rescind the Agreement for Disposition of Real Property between the Town of Los Gatos and Villa Vasona Ltd., dated September 28, 1983, and rescind the First Amendment to Agreement for Disposition of Real Property between the Town of Los Gatos and Villa Vasona Ltd., dated September 5, 1989; and • Negotiate and execute a new agreement between the Town of Los Gatos and HPD Villa Vasona LP (an affiliate of Highland), for the disposition of real property at 626 (AKA 612) W. Parr Avenue, DISCUSSION: The new agreements with HPD Villa Vasona LP are nearing completion and a modification of the existing Planned Development Ordinance (Attachment 2) is necessary. The proposed Planned Development Ordinance (Attachment 3) reflects the removal of existing performance standards that will no longer be appropriate following execution of the new agreements. The revised agreements include the following general components: Town ownership of the property; 55 year ground lease of the property to HPD Villa Vasona LP that would provide the Town the property and the improvements at the end of the ground lease term; extending the affordability term by 13 years from 2054 to 2067; making the units affordable at lower levels of affordability; exterior building and site improvements; and interior renovations and upgrades of the existing units. In additions no existing tenants will be displaced due to the change in ownership. PUBLIC COMMENTS: The Town has not received any comments in regards to this application. CONCLUSION: Based on the positive components of the revised agreements outlined above and its consistency with the General Plan, staff recommends that the Council make the required finding (Attachment 1) and introduce the draft Planed Development Ordinance (Attachment 3). PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 612 (AKA 626) W. Parr Avenue /PD -12 -002 October 18, 2012 ENVIRONMENTAL ASSESSMENT: The project could not possibly have a significant impact on the environment; therefore the project is not subject to CEQA, pursuant to Section 15061 of the State Environmental Guidelines as adopted by the Town. FISCAL IMPACT: The existing agreement calls for a distribution of limited residual one -time proceeds to the Town from any transfer of the property. It is estimated that the net General Fund benefit would be over $700,000. Additionally, the new Regulatory Agreement also requires the new owner to pay the Town an annual regulatory oversight fee of $10,000 per year. Attachments: 1. Required Finding 2. Existing Planned Development Ordinance 1698 3. Proposed Draft Planned Development Ordinance 4. Letter from the applicant Distribution: Cc: Hallway Partners LLC, 1777 Saratoga Avenue, Suite 209, San Jose, CA 95.129 TC:JP :ct N: \DEV \TC REPORTS \2012 \VillaVasonaPDAmendment.TC I1- 5- 12.docx THIS PAGE INTENTIONALLY LEFT BLANK REQUIRED FINDING FOR: 626 W. Parr Avenue (AKA 612 W. Parr Avenue) Planned Development Application PD -12 -002 Introduction of an Ordinance modifying an existing Planned Development Ordinance to remove existing covenants that are no longer valid on property zoned R- 1:8:PD. APN 406 -28 -034. PROPERTY LOCATION: 626 W. Parr Avenue (AKA 612 W. Parr Avenue). PROPERTY OWNER: Villa Vasona LTD. APPLICANT: Highland Property Development. FINDING: Required consistency with the Town General Plan: That the Planned Development Ordinance amendment is internally consistent with the General Plan and its Elements. N: \DEV\FINDINGS�2012 \VILLAVASONA.DOC ATTACHMENT 1 This ..page Intentionally Left Blank ORDINANCE N0. 1698 AN ORDINANCE OF THE TOWN OF LOS GATOS DICE 1572 WHICH AMENDED NTHEGZONINGNAORDINANCE EFFECTING ZONE CHANGE NO. 52 FROM 0 AND RM:5 -12 TO R- 1:8,000 -PD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I. The Zoning Ordinance of the Town of Los Gatos is hereby amended to change the. zoning of the propeapty at 612 West Parr Avenue shown on the map which is attached hereto, marked Exhibit A and is a part of this ordinance, from RM :5 -12 (Multipl'e Family Residential, 5 -12 .dwelling units per net acre and 0 (Office) to R- 1:8 -PD (Single Family Residential, 8,000 square foot minimum lot size - Planned Development). SECTION II. The PD (Planned Development Overlay) zone established by this ordinance authorizes the following construction and use of improvements: 1. Construction of One hundred and seven (107) apartments to be used by senior citizens, including 10 units designed for the physically handicapped. 2. Parking (including a minimum of four handicapped spaces), landscaping and other imp- rovements shown and required on the Official Development Plan. 3. Uses permitted are those specified in the R -1:8 (Single Family Residential) zone by Sections 4.26.020 (Permitted Uses) and 4,26.030 (Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of the adoption of this ordinance, or as they may be amended in the future. However, no use listed in Section 4.26.030 is allowed unless specifically authorized by this ordinance, or by conditionai use permit. ATTACHMENT 2 SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All general provisions in Article 3 of the Zoning Ordinance apply, and the provisions of Chapter 4.10 of the.Zoning Ordinance apply except when the Official Development Plan specifically shows otherwise. SECTION IV Architecture and. Site Approval is required before any grading or construction work is performed, whether or not a permit is required for -the work, and before any permit for grading or construction is issued. Grading or construction permits shall only be used in. a manner complying with Section 4.82.120 of the Zoning Ordinance. SECTION V OFFICIAL DEVELOPMENT PLAN In addition to Exhibit A (Zone Change Vicinity.Map), the attached Exhibit B (Site Plan), Exhibit C, D E, F (Floor- Plans), Exhibit G- (E- levations), Exhibit H (topographic survey), and Exhibit I (Tentative - Parcel Map) are part of the Official- D.evel'opment plan. 'the following performance standards are part of the Official D- evel°opmen`t Plan and must be complied with before issuance of an grading or construction permits: 1. The applicant shall.file a parcel map to the satisfaction of the Town Engineer showing the final- coh•iguratioh of the project site and the remainder' of the County parcel. 2. The -applicant shall .submit grasdfng, drainage, on -site lighting, on -site parking, and _storm and san.i�..ary sewer .plans to the °satisfaction of the Town Engi•n.eer. 3. No grading shall occur within 6 feet beyond the driplines of mature trees, and no paving shall be placed within a 6 foot radius of the base of these trees. - 2 - 4. Hand trenching will be required if any utility lines are to be placed within the root zones of any mature trees, to the satisfaction of the Superintendent of Parks and Forestry. 5. Existing trees shown to remain shall be surrounded with protective fencing along the driplines during grading and construction, to the satisfaction of the Superintendent of Parks and Forestry. 6. If permitted by HUD financing, each unit shall be served with an active solar hot water system from the start. 7. No gates or other obstructions shall be built across any portion of any access road. 8. Residence in this project shall be restricted to persons wh-o are senior citizens as defined by Zoning Ordinance Section 2.00.420, except that handicapp -ed residents need not be senior citizens. 9. The handicapped parking measurements shall be updated to be accurate. 10. All units must be handicapped adaptable as defined by the State Housing and Community Development Adaptability /Accessibility Regulations dated December 10, 1982 or the Housing Adaptability Guidelines by Peoples Housing Inc. 1980, except where the standards would create an unreasonable hardship. 11. Floor plans, including the recreation building, landscaping and other amenities; shall be reviewed and may be modified by the Deciding Body at the time of Architecture and Site approval. 12. Covenants By appropriate documents at close of escrow, developer shall covenant, on behalf of itself and its successors, to do the following: A. Restrict the use of the site to housing for elderly persons eligible for Section 8 subsidies during the period when Section 8 subsidies are available to the project (or to persons eligible for subsidy available to the project under any successor law to Section 8) and, thereafter, restrict the use of the property to housing for elderly perso,ns of low and moderate income as defined in HUD regulations. B. Adhere, on initial and subsequent lettings, to the Occupancy Preference System as supplemented by the Affirmative Fair Marketing Plan, both of which have been established by the Town. At such .ti.me as the project is no longer receiving any federal subsidy, the Town may modify its occupancy preference in any manner that will not jeopardize the developer's interests. - 3 - C. Maintain the housing units to be constructed on the site in accordance ...with the. maintenance ,standards estab1 shed by the Town. Town pearsonnel will make periodic inspections. The parties may revise such standards by mutual consent if necessity requires f.t. D. Adopt and maintain the Los Gatos management policies together with other management policies which ensure. that tenants are not allowed to violate any Town ordinances or in any manner cause ,a disturbance to neighbors of the project. The parties may revise such standards by mutual consent if necessity requires -it. E. Not sell, assign or transfer in any manner any part or all of the site or i.Mprovements, or bring in,a new,,general partner, :other than Jack W. Sheehan, Inc. (or a co- general partner for syndication purposes) or transfer control of Jack W. Sheehan, Inc., without an express prior .fi,.ndi.n.g by the Town Council, after full , and. fair consi derat .on of all the..,facts, and cir6umstance°.s, that the_ purchase (or: new general,: partner) is willing and able to fulfill' a.11 the dbligations of the developer under this Agreement or any amendments thereto. This covenant shall have no effect if the Developer's HUD- insured loan is in default or the mortgage is held or foreclosed by HUD. F. Maintain the premises in private ownership, subject to ad valorem taxation. G. Place no new encumbrances on the site at any time after 45 years from close of escrow, nor borrow against the p,roperzy on any existing encumbrances after :said date, without the written approval of the Town. H. Reconvey the site to the Town, at the Town's option, to be exercised as stated herein, sixty -five (65) years from the date of close of escrow on the take -out loan for the .project, for the sum of One Dollar ($1.00) pTus .all transfer costs. ,Said conveyance shall- .include any and .-all improvements then existing on the site,,free of a,11 encumbrances, „but subject to all obligations arising from operat+b n of the project except thos,p personal i.njury and property damage obligations,;not covered by i nsur-ance;.. e. 13. If at any, =time. within the first five, Years after .initial..occupancy, additional parking is shown,to be necessary, it shall be provided by the property owner subject to Architecture and Site.,approval.- 14. The parking spaces in the southernmost parking area shall be paved with "turf block ". - 4 - N SECTION VI This ordinance amends Ordinance No. 1572. SECTION VII This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This ordinance was introduced at a regular ' meeting of the Town Council of the Town of Los Gatos on November 3rd:. , 1986 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on December 1st , 1986. AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, and Mayor Brent N. Ventura NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: /s/ Brent N. Ventura M ATTEST: /s/ Rose E. Aldag (seal) CLERK PLN01 :ORD: VILLA - 5 - El This Page Intentionally Left Blank EXHIBIT A Of Attachment 2 This Page Intentionally Left Blank ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS MODIFYING ORDINANCE 1698 AND AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM R- 1:8 :PD TO R- 1:8:PD FOR PROPERTY AT 626 W. PARR AVENUE (AKA 612 W. PARR AVENUE) (APN 406 -28 -034) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Code of the Town of Los Gatos is hereby amended to modify Ordinance 1698 and to change the zoning on property at 626 W. Parr Avenue (AKA 612 W. Parr Avenue) (Santa Clara County Assessor Parcel Numbers 406 -28 -034) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from R- 1:8:PD (Single Family Residential, Planned Development) to R- 1:8:PD (Single Family Residential, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following: 1 One hundred and seven (107) apartments to be used by senior citizens, including ten (10) units designed for the physically handicapped 2. Landscaping, parking, and other site improvements shown and required on the Official Development Plan for Ordinance 1698. 3. Uses permitted are those specified in the underlying R -1 :8 (Single Family Residential) zone by Sections 29.40.385 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they may be amended in the future, subject to any restrictions or other requirements specified elsewhere in this ordinance including, but not limited to, the Official Development Plan. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by Conditional Use Permit. Page 1 of 4 ATTACHMENT NT 3 SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise: SECTION IV Architecture and Site approval is required before construction and site improvement construction work is performed, whether or not a permit is required for the work and before any permit for construction is issued. Construction'perm'its shall only be in a manner complying with Section 29.80.130 of the Town Code. SECTION V The attached Exhibit A (Map), and Exhibits B -I (Official Development Plans) of Ordinance 1698, are part of the Official Development Plan. The following conditions must be complied with before issuance of any grading, or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application has been completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as Official Development Plans_ of Ordinance 1698. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, Development Review .CommitteeRlanning Commission or the Town Council, depending -on the scope of the change(s). 2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold.harmless the. Town and its officials in any action brought by a third party to overturn, set aside., or void the permit or. entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. Page 2 of 4 3. AFFORDABILITY: The one hundred and seven (107) apartments are to be used by senior citizens, including ten (10) units designed for the physically handicapped and shall be rented to individuals who have income at or below sixty percent (60 %) of the median income for Santa Clara County. 4. SUBORDINATE AGREEMENTS: The following Agreements are in place and contain additional regulations and /or requirements: • Regulatory Agreement and Declaration of Restrictive Covenants • Property Disposition Agreement • Ground Lease and Merriorandum of Ground Lease • Termination of Agreement for Disposition of Property These Agreements may be modified in the future by the Town Council. Page 3 of 4 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council.of the Town of Los Gatos on November 5, 2012, and adopted by the - following vote as an ordinance of the Town,of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on November 19, 2012, and becomes effective on the later of ,(i) .the date of recordation of the Memorandum of Ground Lease and the Regulatory Agreement or (ii) 30 days after it. is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\ORDS\VillaVasonaAmendment.doc Page 4 of 4 LUCOT WY Q s Approved by Town Council Date: Ord: Clerk Administrator Mayor EXHIBIT A Of Attachment 3 Hia (and September 27, 2012 Mr. Joel Paulson Town of Los Gatos 110 East Main Street Los Gatos, California 95030 250 W. Colorado Blvd., Suite 210 Arcadia, CA 91007 Telephone, 626 294 -9230 Facsimile, 626 294 -9270 www.highlandcompanies.com Subject: Request for Modification of the Town's Ordinance #1698 that amended Town Ordinance #1572 Dear Mr. Paulson: .Please find the enclosed Development Review Application submitted for the purpose of requesting a Modification of Town Ordinance #1698 (that amended Town Ordinance #1572). Such Ordinances concern a 107 -unit affordable housing complex called Villa Vasona Apartments, which is restricted for occupancy to low- income senior households. A closing of the pending sale of this property will require existing Town Ordinance #1698 to be modified by the documents currently under review by the Town of Los Gatos, as follows: Termination of Disposition Agreement Property Disposition Agreement Ground Lease Agreement Regulatory Agreement The only document above that will require action of the current owner is the Termination of Disposition Agreement, in concert with a successful sa-le. The remaining documents described above (Property Disposition Agreement, Ground Lease Agreement & Regulatory Agreement) are being negotiated between the Applicant (Highland Property Development LLC) and the Town of Los Gatos. We request that the enclosed application be presented to Town Council for introduction and adoption in November 2012. Sincerely, 0 I � + Paul Patierno Vice President of Highland Property Development LLC Encl. ATTACHMEN T � 'his Page Intentionally ,deft Plank