6DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 8/19/13
ITEM NO. j
COUNCIL AGENDA REPORT
AUGUST 7, 2013
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER 14,11,,Il
ADOPT A RESOLUTION REVISING THE BELOW MARKET PRICE (BMP)
HOUSING PROGRAM GUIDELINES SCORING CRITERIA.
RECOMMENDATION:
Adopt a resolution revising the Below Market Price (BMP) Housing Program Guidelines scoring
criteria and repealing Resolution 2012 -054.
BACKGROUND:
The Town has received requests to consider a Below Market Price (BMP) scoring criteria preference
for public school teachers for its BMP Housing Program since 2005. During the 2009 Housing
Element update, a suggestion was made by residents but not included in the final draft of the adopted
Housing Element. In September 2012, as part of Town Council's review of BMP Program
Guidelines revisions, Chris Miller, former Los Gatos Unified School District ( LGUSD) trustee, made
a similar request for inclusion of a public school teacher preference. Staff indicated to Town Council
in response to Mr. Miller's request, that additional scoring criteria could be reviewed by the General
Plan Committee in 2013 as part of the on -going refinements to the BMP Guidelines.
On June 12, 2013, the General Plan Committee reviewed proposed additions to the BMP scoring
criteria which included preferences for both public school employees and emergency first responders
(e.g. police officers, fire fighters, and emergency medical response professionals). The Committee
also received e -mail correspondences from Mr. Miller, LGUSD Superintendent Diana Abatti; and
Ms. Vanda Roth, a Los Gatos Christian Church School teacher supporting the teacher preference.
Additionally Ms. Roth spoke at the GPC meeting and asked the Committee to consider broadening
the recommended school employee preference to also include private schools.
PREPARED BY: Sandy L. Baily, Director of Community Development v L3
Reviewed by: VS) Assistant Town Manageru _Town Attorney Finance
N: \DEV \TC REPORTS\2013 \BMP Program Guidelines Scoring Rev Staff Report 8- 19- 13.doc Revised: RM13 4:49 PM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Below Market Price Program Guidelines
August 7, 2013
The Committee has recommended approval to Town Council of these additional preference
categories for the BMP scoring criteria as noted in the attached draft resolution (Attachment 1).
DISCUSSION:
The Town BMP Housing Program Guidelines include scoring criteria for determining the order that
available BMP for -sale units are offered to potential buyers. Preference points are awarded to each
applicant based on the scoring criteria approved by the Council in the Guidelines (e.g., households
with seniors and disabled family members, Town employees, prior Town residency, etc.). BMP for -
sale applicants are offered the opportunity to buy a particular unit based on the ranking of the scores
from the eligible applications received (i.e., highest score is offered a unit first) and tied scores are
settled via a lottery tie - breaker.
BMP rental units do not use a scoring system because their individual leases are administered by
each landlord and vacancies are filled from a first come -first served waiting list.
The Town currently has an inventory of 45 owner- occupied BMP units. An additional four units are
anticipated to be ready for sale by the end of 2013. Since 1979, the Town has averaged only one to
two newly constructed BMP units per year, due to the infrequency, and smaller scale of residential
development in Los Gatos. Due to the scarcity of affordable for -sale housing in Los Gatos, there are
very few resale requests (one every two to three years).
Many communities routinely provide priority preferences for targeted professions or groups in their
housing programs to advance a particular local policy or goal. One local example is the City of
Sunmyvale which provides a priority in its Below Market Rate and First Time Homebuyer Programs
for credentialed teachers or licensed childcare workers who serve the City of Sunnyvale, in order to
support the City's efforts to maintain and enhance local educational and childcare resources. The
correspondences received by the Town suggest adopting a similar preference for teachers and school
employees by providing the same point preferences that are currently available for Town employees
(six points).
In addition to the school employee's preference, staff recommended a similar preference for
emergency first responders. A preference for emergency first responders would encourage safety
personnel to live in town and would help facilitate General Plan Safety Element Goal SAF -7:
"Provide adequate fire protection and emergency response services to Town residents" and Policies
SAF -7.1: "Work with the Santa Clara County Fire Department to ensure that first response travel
time is maintained and enhanced where possible" and SAF -7.2: "Work with the Santa Clara County
Fire Department to continue to increase the emergency response facilities and personnel necessary to
meet residential and employment growth in the Town."
Of the 45 current BMP homeowners, one is a police officer and two are teachers
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: Below Market Price Program Guidelines
August 7, 2013
As a result of its review, the General Plan Committee recommended that Council revise the BMP
Program Guidelines Scoring Criteria to include the recommended preference for both categories as
noted in Attachment 1 (Exhibit A, pages 6 -7 redlines).
FISCAL IMPACT:
There is no anticipated fiscal impact from the proposed revisions.
CONCLUSION:
Staff recommends that the Council adopt the resolution revising the Below Market Price (BMP)
Housing Program Guidelines Scoring Criteria and repealing Resolution 2012 -054 (Attachment 1).
Attachments:
1. Resolution revising the Below Market Price (BMP) Housing Program Guidelines Scoring
Criteria and repealing Resolution 2012 -054
2. General Plan Committee Meeting Minutes of June 12, 2013
3. Copy of Resolution 2012 -054
SLB:EO:ct
N:OEV\TC REPORTS@0131EMP Program Guidelines Scoring Rev Staff Report 8- 19- 13.doc
THIS PAGE
INTENTIONALLY
LEFT BLANK
RESOLUTION 2013-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING REVISED BELOW MARKET PRICE HOUSING GUIDELINES SCORING
CRITERIA AND REPEALING RESOLUTION 2012 -054
WHEREAS, the Town of Los Gatos Zoning Ordinance Sections 29.10.3000 through
29.10.2040 establishes a Below Market Price (BMP) Housing Program to assist low and moderate
income Los Gatos citizens purchase homes at prices below market value; and
WHEREAS, the Program requires construction of dwellings that persons and families of
low and moderate income can afford to rent or buy, and assures to the extent possible that the
resale prices of those dwelling units and rents, if they are rented, will be within the means of
persons and families of low and moderate income; and
WHEREAS, the Program helps the Town meet State mandated housing goals; and
WHEREAS, due to the high cost of housing in Santa Clara County, K -12 school
employees and emergency first responders (e.g. police officers, fire fighters and emergency
medical response professionals) who earn low and moderate incomes may be unable to live in the
communities they serve ; and
WHEREAS, the Town Council has identified that K -12 school employees and first
responders living in the communities they serve is beneficial to the community; and
WHEREAS, the Town Council desires to provide additional preference categories in the
BMP Housing Program Scoring Criteria for K -12 school employees and emergency first
responders who serve the Town of Los Gatos; and
ATTACHMENT 1
WHEREAS, the Town has identified the need to revise the BMP Housing Program
Guidelines Scoring Criteria to effectuate and implement these additional preference categories;
and
WHEREAS, this resolution revises the Town of Los Gatos Below Market Price Housing
Program Guidelines.
NOW, THEREFORE, BE IT RESOLVED, that Town Council of the Town of Los
Gatos (1) repeals Resolution 2012 -054; and (2) adopts the Town of Los Gatos Below Market Price
Housing Program Guidelines attached as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 19t1i day of August 2013, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN,
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N: OEV\RESOS12013\RESO -BMP Prog Guidelines Scoring Criteria - Rvsd Reso 2013.docz
Exhibit A
TOWN OF LOS GATOS Field cod
BELOW MARKET PRICE HOUSING PROGRAM GUIDELINES
I. Purpose
A. Purpose: The overall purpose of the Below Market Price (BMP) Housing
Program is to provide the Town of Los Gatos with a supply of affordable housing.
While the program is available to all qualified applicants, the general intent of the
program is to provide affordable housing for households who work or currently
live in Los Gatos. The main goal is to increase the housing supply for households
that have median and low incomes compared to the median income for Santa
Clara Cormty and meet the housing needs identified in the Town's General Plan
Housing Element. The Program further intends to ensure, to the greatest extent
possible, that rent and re -sale of these housing units will remain affordable to
median and low income levels for the longest feasible time as approved by an
authorized body. Although the Town has a fee -in -lieu of constructing actual
units option for defined circumstances, the primary objective of the BMP Program
is to obtain actual "rental" or "for sale" housing units rather than equivalent funds.
All off -site BMP units shall be constructed within the Town of Los Gatos. The
construction and occupancy of the BMP unit is determined according to these
Town Council established guidelines and authorizing ordinances.
B. Enabling Legislation: The Below Market Price Program is governed by Division
6 of the Town Code. The BMP Program is administered under these Below
Market Price Housing Program Guidelines.
II. Below Market Price Housing Requirements — General
A. Applicability: The BMP Program requirements shall apply to all residential
development projects that include five (5) or more residential units or parcels
which involve:
1. New construction of ownership or rental housing units, including mixed
use developments and addition of units to existing projects, or
2. Subdivision of property for single family or duplex housing development,
or
3. Conversion of rental apartments to condominiums or other common
interest ownership, or
4. Conversion of non - residential use to residential arse.
B. Number of BMP Units: All residential developments consisting of five (5) or
more units are required to participate in the BMP Program. The requirements for
participation increase by development size as shown below:
ffiIBIT A
BMP Guidelines of Attachment 1
I . Five (5) to Nineteen 19 market rate units: The developer shall provide a
minimum number of BMP units equal to ten (10) percent of the number of
market rate units.
2. Twenty (20) to one hundred (100) market rates units: The developer shall
provide a minimum of BMP units as determined by the following formula:
Number of BMP units = (.225 x total # of market rate units) - 2.5
This formula acts to increase the number of BMP units required, as a
percentage of market -rate units, from 10% to 20% over the range of 20 to
100 market rate units.
3. One hundred and one (101) units or more: The developer shall provide a
minimum number of BMP units equal to twenty (20) percent of the
number of market rate units.
BMP dwellings within a project of rental units shall also be rental units. BMP
units within a project of owner - occupied units shall also be designated as units for
purchase. BMP units within a project that contains both rental and owner-
occupied units shall also be designated as both rental and as units for purchase, in
a ratio similar to that of the market rate units.
The Town and developer may negotiate to provide more BMP units than required
by the rules listed in these guidelines to fulfill a development's Community
Benefit requirements.
C. Fraction of a BMP Housing Units: In determining the number of BMP units
required, any decimal fraction of .5 or above shall be rounded up to the nearest
whole number. Decimal fractions below .5 shall be rounded down to the nearest
whnla number_
D. Residential In -Lieu Payments: The general intent of the BMP Program is to
provide the Town of Los Gatos with a supply of affordable housing for
households who work or currently live in Los Gatos. However, there may be
circumstances when the construction of the BMP unit is impractical or there are
unusual circumstances that make the constriction of the unit inconsistent with
Town policy. The Town, at its sole discretion, may consider an in -lieu payment
alternative to the required BMP unit in the case of Planned Unit development with
an underlying zone of HR or a residential developments with five (5) to nine (9)
units. Prior to approving the in -lieu fee alternative, the applicant must
demonstrate to the satisfaction of the Town why a BMP unit cannot be (1)
developed on the same site as the market rate units, and if it cannot be provided
on the same site then, (2) develop at an appropriate off -site location within the
Town limits. If the developer provides sufficient justification that both of these
alternatives are not viable, then a fee in -lieu option may be considered. The
required in -lieu fee is as established by a separate resolution and is to be paid to
Bb1P Guidelines Page 2
the Town prior to issuance of the certificate of occupancy for the market rate
residential unit that triggered the BMP requirement. The provision for a BMP unit
applies if the project is built under the rules of an overlay zone unless the rules of
the overlay zone provide otherwise.
The in -lieu fee shall be equal to the amount of six (6) percent of the building
permit valuation for the entire project. The total building permit valuation shall
be determined by the Town Building Official
Fees shall be paid prior to or at time of final occupancy as follows:
1. Multi - Family Owner Occupied Developments: Prior to occupancy of each
phase, a proportional amount of fees shall be paid, as determined during
the Planning approval process.
2. Multi - Family Renter Occupied Developments: Prior to occupancy of each
phase, a proportional amount of fees shall be paid, as determined during
the Planning approval process.
3. Single - Family Planned Developments: At time of final occupancy for
each unit.
E. Housing Fund: In -lieu fees will be deposited into the Town's Affordable Housing
Fund. Applications and or recommendations for use of remaining funds will be
reviewed as received. Possible use of the funds include, but is not limited to, the
following:
1. Subsidizing the cost of owner occupied units to make them affordable to
low /moderate income households
2. Purchasing rental units to make them affordable to low /moderate income
households
3. Purchasing land for the future development of affordable housing
4. Developing affordable housing
5. Supplementing of affordable housing projects developed through the Los
Gatos Redevelopment Agency
6. Funding administration of the program, as approved by the Town Council
in its annual budget process
Off -Site Constriction: The Town Council may consider off -site construction of
BMP units for continuum care facilities and for Hillside Residential (HR) Zone
District and residential developments with five (5) to nine (9) units projects that
have provided sufficient justification to the Town that an on -site BMP unit is not
viable.
G. Phasing of the Construction of On- and Off -Site BMP Units• On- and off -site
BMP units shall be constructed and Certificate of Occupancies secured
concurrently with or prior to the construction of the market -rate units. The BMP
requirement will be calculated on the basis of the whole development. The Town
BMP Guidelines
Page 3
Council may grant an exception to these phasing requirements during the Planned
Development project approval process for condominium conversion
developments.
H. Affordability Agreement: The developer of "for sale" BMP units shall enter into
an affordability agreement with the Town. The agreement will ensure that the
BMP units are sold to qualified buyers and will be released by the Town through
the escrow process once the BMP is sold to a qualified buyer.
III. Characteristics of BMP Units
A. Size of units: The size and design of BMP dwelling units shall be reasonably
consistent with the market rate units in the project. The Town and developer may
negotiate regarding the size of units if more units than required are to be provided
under the Community Benefit requirements. BMP units should be provided
proportionately in the same unit type mix (number of bedrooms) as the market
rate units. In consideration of the household size of the households on the current
program interest list, the Town and developer may negotiate to provide a greater
proportion of a particular unit type. There shall not be significant identifiable
difference between the BMP and market -rate units visible from the exterior. The
size and design of the BMP units must be reasonably consistent with the market -
rate units in the development.
B Location of units: BMP units shall be dispersed throughout the development, to
the extent feasible; in all buildings, on each floor, and in each project phase. A
concentration of BMP units in one location is not desirable and will generally not
be allowed.
C. Finish of units: The external appearance of BMP units should be indiscernible to
that of the market rate units in the nroiect. The internal finish of BMP units
should be identical to that of the market rate units in the project, except that the
developer may request Town approval of substitutions for luxury interior finishes,
appliances, or fixtures, if such substitutions do not violate any Town code
requirement.
D. Project Facilities: All project facilities and amenities, including parking, must be
available on the same basis to the BMP units as to the market rate units in the
project, to the extent feasible.
IV. The BMP Unit Purchase Process; Buyer Selection, and BMP Unit Sale and Resale
Procedures.
A. Owner Occupied Units
1. Applicant Eligibility
BMP Guidelines Page 4
a. Household Income: In order to be eligible to purchase an owner -
occupied BMP unit, an applicant's annual household income must
be no greater than 100% of the Median Family Income (MFI)
adjusted for household size, as defined by the United States
Department of Housing and Urban Development (HUD) for the
San Jose, CA Primary Metropolitan Statistical Area (PMSA).
Household assets, such as real property, may also be considered in
determining eligibility.
b. Housing Costs: In order to be eligible to purchase an owner -
occupied BMP unit, an applicant must also demonstrate the ability
to pay monthly housing costs. The monthly housing cost shall
include the following factors:
1. unit price
2. current lending rates
3. estimated property taxes
4. estimated homeowner's private mortgage insurance (PMI)
costs
homeowners' association fees, if applicable
5. other expenses as determined necessary by the lender
C. Mortgage Financing: All persons must qualify for their own
mortgage financing for the purchase of available BMP units
without assistance from the Town. Qualifications must include the
ability to pay taxes, insurance, closing costs and any homeowner
association fees in addition to the mortgage. All loans used to
purchase or refinance BMP units must be fixed rate and fixed term
without balloon payments to minimize homeowners exposure to
increased risks of mortgage default.
d. Required Down payment: A homebuyer shall have a minimum
down payment that is equivalent to at least 10% of the BMP
purchase price and is required to document the source of all down
payment Rinds. The minimum 10% down payment is exclusive of
any other supplemental down payment assistance grant or loan
programs available from other agencies.
2. First Time Home Buyers: The Below Market Price (BMP) Program is for
First Time Home Buyers. A First Time Home Buyer, by definition, is an
applicant whose name has not appeared on a residential title in the
counties covered by the Association of Bay Area Governments (ABAG)
or Association of Monterey Bay Governments (AMBAG) which are
Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San
Francisco, San Mateo, Santa Clara, Santa Cruz, Solano and Sonoma for at
least three (3) years prior to application. Exception is made consistent with
BMP Guidelines Pale 5
the Federal Housing and Urban Development (HUD) definitions (e.g. for
people who were homeowners prior to a divorce, a displaced homemaker,
a single parent who has only owned with a former spouse, a
widow /widower of a veteran, etc.) and for tenants residing in a rental
apartment proposed to be converted to a condominium or other common
interest ownership prior to a Notice of Intent to Convert the development
to an ownership residential unit.
B. Buyer Selection: A point system is used to establish a ranking of applicants for
the purchase of an available unit. Applicants will be ranked according to total
points and must have at least one point to be eligible to purchase a unit. In
addition, applicant households must contain at least the same number of persons
as the number of bedrooms in a unit, at the time of application, in order to be
eligible to purchase that unit, if the unit contains three bedrooms or more.
All points are calculated per household, not for each individual within the
household. For example, a household in which two members are senior citizens
would receive six points for senior citizen status, not twelve points for two
members having senior citizen status. Points are awarded as follows:
I. .SLY points:
a. Senior citizens who reside in the Town at the time of application
and have lived in the Town for at least the prior two years. A
senior citizen is defined as any person 62 years of age or older at
time of application or mairied couples living together when at least
one spouse is 62 years of age or older at time of application.
b. Senior Citizens who have lived in the Town for at least two years
and have. moved nut of the Town within the last five years prior to
the time of application.
C. Disabled persons who reside in the Town at the time of application
and who have lived in the Town for at least the prior two years.
The definition of "disabled" for the purpose of assigning points
under this section shall be that used by the U.S. Social Security
Administration for the purpose of determining eligibility for Social
Security disability benefits.
d. Households required to relocate their residence as a result of
Council action or mobile home park closure.
e. Regular Full -Time and Regular Part -Time Town employees as
defined in the Town's Personnel Rules but excluding Los Gatos
Monte - Sereno Police Officers, who have been employed by the
Town for a period of no less than 12 months prior to the time of
BMP Guidelines Page 6
application.
f. Single heads of household with dependent children who reside in
the Town at the time of application and have lived in the Town for
at least the prior two years.
9. All licensed rare- school and K -12 school employees of schools and
districts geographically located in and serving the Town and who
have been era loved for at least one vear at the time of application
h. Emergency first responders (e.g. police officers fire fighters and
emergency medical response professionals) of agencies serving the
Town and who have been emploved for at least one year at the
time of application.
2. Four points:
a. Persons who live in the Town of Los Gatos at time of application
and who have lived in the Town at least the prior two years.
b. Persons who work in the Town of Los Gatos at time of application
and have worked in the Town for at least the prior two years.
3. Two points:
a. Households who have lived in the Town for at least 10 years and
have moved out within the last ten years prior to the time of
application.
b. Household size is worth two points per person.
4. One point:
a. Households who live or work within Santa Clara County at the
time of application.
b. Households with an annual household income at or below 60% of
the Median Family Income (MFI), adjusted for household size, as
defined by the United States Department of Housing and Urban
Development (HUD) for the San Jose, CA Primary Metropolitan
Statistical Area (PMSA).
5. A lottery will be used to rank each qualified applicant in the case of a tie.
6. Applicants are provided the opportunity to purchase available units in
order of point ranking, from most points to least points. An applicant has
BMP Guidelines
Page 7
two opportunities to refuse to purchase a unit before being removed from
the current applicant pool.
7. Applicants who do not qualify for a particular project or who are not
provided the opportunity to purchase a unit in a particular project shall
retain their eligibility to apply for future projects.
8. An applicant must obtain pre - approval for a mortgage loan within one
week after notification of eligibility to purchase a unit. The applicant
must submit documentation of loan approval within three weeks of
notification of eligibility to purchase a unit.
9. Exception to the Buyer Selection Process: An exception to the Buyer
Selection Process may be granted to a resident of a rental apartment that is
proposed to be converted to an "owner occupied" condominium or other
common interest ownership development. In order to qualify for the
exception, the resident must have resided in the rental apartment prior to
the issuance of the Notice of Intent to Convert the development to an
ownership project and shall meet the financial eligibility requirements to
qualify for a BMP unit. The resident shall be provided first right of
refusal, regardless of point ranking, for units in the following order:
a. The unit they reside in if it is designated as a BMP unit.
b. Any other available BMP unit.
C. Determination of Initial Selling Price: BMP units shall be priced to be affordable
to households in two income categories: Median Income Households (those
whose income is above 80 %, but no greater than 100 %, of the County Median
Income); and Low Income Households (those whose income is above 50 %, but no
greater than 80 %, of the County Median Income).
1. Fifty percent (50 %) of the units in a project shall be priced to be
affordable to Median Income Households; fifty percent (50 %) shall be
priced to be affordable to Low Income Households. Whenever the
calculations result in fractional units, then the number of units priced to be
affordable to Low Income Households shall be rounded up to the next
whole number, and the number of units priced to be affordable to Median
Income Households shall be rounded down to the next whole number,
including zero (0). The following table applies this formula to projects
with 1, 2, and 3 units:
Total Number of
Units Priced for
Units Priced for Median
BMP Units in Project
Low Income Households
Income Households
BMP Guidelines Page 8
I
1
0
2
1
1
3
2
1
The Town and developer may negotiate regarding the affordability mix of
units, to fulfill a development's Community Benefit requirements.
The affordability level of a unit shall be for the purpose of setting the
initial selling price only, and do not prevent its sale to any household
eligible to purchase an owner- occupied BMP unit, as set forth in these
Guidelines.
2. Annually, the Town shall set the initial unit sales price for each unit type
(number of bedrooms), for each of the two income categories. These
initial sales prices shall be set using the most recent Median Family
Income (MFI) figures from the United States Department of Housing and
Urban Development (HUD) for the San Jose, CA Primary Metropolitan
Statistical Area (PMSA), and through the following calculations:
a. For units to be priced to be affordable to Median Income
Households: the average of the 100% MFI annual income and the
80% MFI annual income (assuming household size appropriate to
size of unit) x Multiplier = Initial Sales Price.
Example: 100% MFI (4- person/4 bedroom) = $105,000
80% MFI (4- person/4 bedroom)= $75,700
Average MFI = (S105,000 + $75,700 ) divided by 2
= $90,350
Average MFI X Multiplier = Initial Sales Price
1. Assumptions of household size by size of unit are as
follows:
BMP Guidelines
Page 9
Household Size
Studio
1
1 Bedroom
1
2 Bedroom
2
BMP Guidelines
Page 9
3 Bedroom 1 3
4 Bedroom 4
These assumptions of household size by size of unit shall
be for the purpose of setting the initial sales price only, and
do not prevent the sale of any unit to any household eligible
to purchase an owner - occupied BMP unit, as set forth in
these Guidelines.
b. For units to be priced to be affordable to Low Income Households:
the average of the 80% MFI annual income and the 50% annual
income (assuming household size appropriate to size of unit) x
Multiplier= Initial Sales Price.
Example: 50% MFI (4- person/4 bedroom) = $ 52,500
80% MFI (4- person/4 bedroom)= $75,700
Average MFI = ($52,500 + $75,700) divided by 2
_ $ 64,100
Average MFI X Multiplier = Initial Sales Price
C. Calculation of Multiplier. A Multiplier shall be calculated, based
nn reasonnhle msumntions about unit sales nrices, based on the
most recent comparable sales of BMP units; current lending rates,
as determined by the most recent Primary Mortgage Market
Survey (PMMS) conducted by the Federal Home Loan Mortgage
Corporation (Freddie Mac); and related costs; and using the
following formula:
Determination of Total Housing Cost: Sample sales price -
10% down payment = mortgage. Annual debt service on
mortgage + annual property taxes + annual homeowners
fees + annual private mortgage insurance (PMI) = Total
Annual Housing Cost.
2. Determination of Minimum Household Income: Assuming
one -third of household income goes for housing expenses,
Total Annual Housing Cost x 3 = Minimum Annual
Household Income.
BMP Guidelines Page 10
3. Determination of Multiplier: Sample Sales Price/Minimum
Annual Household Income = Multiplier.
Copies of the initial sales prices, and the calculations made, shall
be available on request from the Town's Community Development
Department.
D. Deed Restrictions /Request for Notice: Council approved Deed Restrictions shall
be recorded with each Below Market Price dwelling unit. In addition to the Deed
Restriction, the Town shall also require that a Request for Notice for the benefit
of the Town be recorded for each lender Deed of Trust record on title.
E. Resale of Units:
1. If the owner elects to sell his/her unit, the Town must be notified in
writing by the owner.
2. When a Below Market Price dwelling unit becomes available for resale,
the Town shall set the resale price and make the unit available for
purchase through the BMP process.
3. The Town determines the resale price in accordance with the deed
restriction recorded on the property.
4. The homeowner, as noted in the recorded Deed Restriction, is responsible
for paying all closing costs (including commissions or fees).
F. Occupancy of Units:
Consistent with the deed restriction that will be recorded on the subject property,
the household purchasing a BMP unit must occupy the unit as his or her primary
residence during his or her ownership of said unit.
V. Requirements for BMP Rental Development
A. Administration: The program shall be administered by the Town or its designee.
B. Applicant Eligibility
1. Household Income: In order to be eligible to rent a BIVIP rental unit, a
household's annual income must be no greater than 80% of the Median
Family Income (MFI), adjusted for household size, as defined by the
United States Department of Housing and Urban Development (HUD) for
the San Jose, CA Primary Metropolitan Statistical Area (PMSA). Priority
will be given to those households whose income is less than 50% of the
MFI. Household assets may also be considered in determining eligibility.
BMP Guidelines Page 11
V1
2. Ability to Pav Rent: A tenant's ability to pay monthly rent will also be
considered in determining tenant eligibility.
C. Tenant Selection: The property owner or manager of the development shall
market the BMP unit(s), and solicit rental applications. Applications from tenants
selected by property owner or manager will be forwarded to Town or designee for
Verification of income eligibility.
D. Management
BMP rental units shall be managed by the property owner or manager in
the same manner as other units in the development.
2. Tenants of BMP rental units are eligible to receive conciliation and
mediation services provided through the Town's Rental Dispute
Resolution Program except as they regard rent increases.
E. Unit Rents: Rents may not exceed 80% of the most current Fair Market Rents as
determined by the Santa Clara County Housing Authority.
F. Annual Review: If a tenant's income increases so that it falls between 80 and 100
percent of MFI, then the rent may be increased in accordance with the Town's
Rental Dispute Ordinance; and the unit shall still be considered a BMP Rental
Unit. However, if a tenant's income exceeds 100 percent of MFI, the rent may be
increased to the average rent of similar units in the complex; in this latter case, the
unit will no longer be a BMP unit and the next available unit that is comparable in
size shall be designated as a BMP unit in its place, and must be rented to an
eligible household so that the number of BMP units within the project remains the
same.
G. Deed Restrictions: Council approved Deed Restrictions shall be recorded for each
Below Market Price rental dwelling unit.
RENTAL UNITS - NEW SECOND DWELLING UNITS
A. Administration: The program shall be administered by the Town or its designee.
B. Second Unit Incentive Program: 29.10.310 of the Town Code, may choose to
participate in the Second Unit Incentive Program (SUIP) as referenced in Section
29.10.320(a) of the Town Code and as set forth below.
BMP Guidelines
The SUIP consists of a no interest construction loan to a property owner
who intends to develop a new second unit. The loan amount shall be
determined based on the square foot construction cost as set forth in the
current version Uniform Building Code as adopted by the Town for new
Page 12
constriction and remodels. The loan amount will be calculated at 100%
of the constriction cost if the unit is income and rent restricted to serve
households with incomes below 50% of the Median Family Income
(MFI), adjusted for household size, as defined by the United States
Department of Housing and Urban Development (HUD) for the San Jose,
CA Primary Metropolitan Statistical Area (PMSA), or 80% of the
constriction cost if the unit is income and rent restricted to serve
households with incomes below 80% of MFI.
2. When a property owner participates in the SUIP, a deed restriction shall be
recorded on the property. The deed restriction shall stipulate the rental
rate, tenant income level, duration of affordability and loan repayment
requirement as well as any other criteria as determined appropriate by the
Town.
3. A SUIP loan to construct a second unit within the Central Los Gatos
Redevelopment Project area shall be funded using Redevelopment
Affordable Housing Funds and shall remain affordable for 55 years. A
SUIP loan to construct a second unit outside the Central Los Gatos
Redevelopment Project area shall be funded using BMP Program Funds
and shall remain affordable for 30 years. The SUIP affordability
restrictions as set forth in this section may only be amended by action of
the Town Council.
4. A tenant's ability to pay monthly rent will also be considered in
determining tenant eligibility. Applications from tenants selected by the
property owner or manager will be forwarded to the Town or its agent for
verification of income eligibility. Rental agreements shall be submitted to
the Town or its agent to verify compliance with the provisions of this
section. Tenants are eligible to receive conciliation and mediation
services provided through the Town's Rental Dispute Resolution Program
except as they regard rent increases.
5. Units targeted to households with incomes up to 80% of the Median
Family Income (MFI) shall have rents restricted to 80% of Fair Market
Rents as determined by the Santa Clara County Housing Authority. Units
targeted to households with incomes up to 50% of CMI shall have rents
restricted to 50% of Fair Market Rents as determined by the Santa Clara
County Housing Authority. Tenant rents and incomes will be monitored
annually.
a•ners�w_or a.w ft= e s P Gii4&E 5 & s
___ ___________________________t___
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TOWN OF LOS GATOS
110 East Plain Street, Los Gatos, CA 95030 (408) 354 -6872
--------------------------
SUMMARY MINUTES OF A REGULAR MEETNG OF THE GENERAL PLAN
COMMITTEE OF THE TOWN OF LOS GATOS ON JUNE 12, 2013, HELD N THE LOS
GATOS TOWN COUNCIL CHAMBERS, AT 110 E. MAN STREET, LOS GATOS.
CALIFORNIA.
The meeting was called to order at 530 p.m. by Chair John Bourgeois.
ATTENDANCE:
Members present: Barbara Spector, Joe Pirzynski, John Bourgeois, Marico Sayoc, Todd Jarvis.
Matthew Hudes, Charles Erekson, Bob Beyer
Members absent: Barbara Cardillo
Staff rp went: Erwin Ordonez, Senior Planner; Suzanne Avila, Senior Planner
Others rp esent: Vanda Roth
VERBAL CONIi1TUNICATIONS
Panda Roth requested that the BMP points be inclusive of credentialed teachers, not just public
school teachers. She currently teaches at a private school and her husband is a special education
teacher at Rolling Hills Middle School. They have been trying to purchase a BMP unit for some
time.
ITEM 1 APPROVAL OF MINUTES
Bob Beyer made a motion to approve the minutes of May 22, 2013, as submitted. The motion
was seconded by Barbara Spector and passed unanimously (8 -0).
ITEM 2 REVISIONS TO BMP SCORING CRITERIA
Erwin, Ordonez commented that the proposed amendments are based on input from the
Community. He suggested that the Committee determined if job preference should be included.
He noted that Ms. Roth's husband's position would qualify for the additional points as he is a
public school employee serving the Town of Los Gatos. Staffs recommendation is that the
Committee discusses whether a job preference consideration should be included in the 6 point
category.
John Bourgeois said that the Committee will first discuss whether it is appropriate to have a job
preference included and if so, which positions should be included.
ATTACHMENT 2
General Plan Committee M`.nutes
?une 12, 201.;
Pa-9 2 of 5
matthe ,,v Hades asked if this issue was included in the 2012 amendments to the BMP .Guidelines.
Erwin Ordone: responded that the 2012 amendments were quick fixes to address immediate
issue identified in 2012. He clarified for the Committee that the proposed amendments are
related to the Town's BMP Program guidelines, not the AHOZ guidelines the Committee will be
developing in August.
Marico Sayoc asked if there are income limitations. Encin Ordones confirmed that there are,
and provided examples: low income is about 580,000 for a family of four and moderate income
is S105,000 for a family of four. He also noted the ratio of units provided by the developers and
explained that the composition of an individual household detennines their score.
Todd Jarvis asked if there is any data on the longevity of the job classifications relate to the
length of time people work in the Town.
John Bourgeois asked what happens if income increases following qualification. Erwin Ordone>
said that rental housing recipients are re- qualified annually. Once a for -sale unit is sold, the
income could increase. Resale BMP units are allowed a modest equity increase that is reflected
a very small increase in price over time.
Charles Erekson commented on disparate impact and issues related to inadvertent exclusion
certain groups.
Barbara Spector asked why the recommendation is to limit educators to public schools. Erwin
Ordone_ said that based on demographics, it appeared that limiting the preference only to
credentialed teachers might discriminate or disadvantage some other underrepresented school
employee groups which have under represented homeowner populations. Private schools are not
required to provide demographics while public schools are. Information was voluntarily provided
for Los Gatos Christian School due to Ms. Roth's interest, but is not readily available for other
private schools.
John Bourgeois asked if other jurisdictions have done something similar. Erwin Ordofee_- said
the City of Sunnyvale has a preference for credentialed teachers and child care providers that
serve the community.
Joe Pir_vnski commented that private schools such as St. Mary's and Hillbrook also provide a
service to the Town because they provide additional capacity for high quality educational
opportunities.
!llarico Sayoc commented that she is concerned about where to limit the umbrella. Should
preschools be included and /or should in -home day care be included.
Matthew Hudes asked if private schools have any boundaries like a public school does and /or
limitations as to where their students come from. Erwin Ordoiie_ said no, and that enrollment for
private schools is pretty broad and not regulated. The Los Gatos Christian School data for
school enrollment was used as an example.
General Plan Committee Minutes
June 12, 2013
Page 3 of S
Charles Erekson commented on the number of public versus private school emplovees in Town
and gave the opinion that the potential for a disparate impact is very low based just on the
number of employees in public school districts. He noted that private schools do not have an
obligation to hire credentialed teachers.
Matthew Hudes noted that a credentialed teacher might not be employed by a private school.
Todd Jarvis commented that unless the Town is mandated to use protected classes, and he is
concerned about opening Pandora's Box.
Erwin Ordone= clarified that the demographics from the Los Gatos School District show that a
preference only for employees with credentialed versus non - credentialed staff may potentially
create an unintended disparity and disadvantaged certain groups. To even out the process, staff
recormnended that all public school employees should be included in any considered preference
and not just the credential teachers.
John Bourgeois asked if the Committee feels that is reasonable.
Marico Sayoc commented that the easiest one for her is emergency responders. These are people
that we want in the community and they should be included. She supports public school
employees versus credentialed teachers.
Barbara Spector agreed with Marico Sayoc.
John Bourgeois agreed that there should be a preference for first responders and teachers and
public school employees.
Charles Erekson commented that he also agrees. There is value to having private schools and
the percentage of students from the community is not necessarily relevant.
Joe Pirynski clarified that if a Los Gatos Police Officer were to apply, they would receive
double point for being a Town employee and for being a first responder. He is in agreement that
these categories should be represented. He would like to address the double dipping. In terms of
school emplovees, there is value in all of the schools in Town, There is value in both the public
and private systems, although it should somehow be defined. He is in favor of being inclusive of
both.
Matthew Hudes commented that he is supportive of having the preferences that are being
discussed. He asked about precedent and how other communities handle the situation of an
employee falling into more than one category. Erwin Ordone> said the preference as noted would
allow a Los Gatos police officer to claim both the employee and first responder preference unless
changed by the Committee. He noted that many communities have valued having police officers
living in their neighborhoods and do provide similar preference in addition, to the basic employee
preference.
General Plan. Cer:fnittee ^dine +ties
June 12, 2013
Page 4 of 5
.
Bob Beyer com, rented that he supports adding the cate .gorses or _ first responders, but that
should be defined.
Barbara Spector agreed with Joe Pirzynski's comments. The Town should not distinguish
between public and private schools. She noted that Los Gatos was the first comnrunrty to
develop a BMP program with preference.
Charles Erekson asked if Matthew Hud&s point was that Police officers should be given a
higher preference than other Town emplovees. hiatthetic Hordes confirmed that it tivas.
Charles Erekson commented that if someone lives in the Town, that person has a better
understanding of the Town and their value should not be diminished for Police officers.
Matthew Hades commented that he believes there is a value to having Police officers living in
Town.
Barbara Spector commented that there are maximum income levels to qualify for the B'-VIP
program and that some Police Officers may not qualify based on income level.
Charles Erekson suggested the 1E be modified to reference a preference for Town employees
and other first responders who serve the Town.
John Bourgeois suggested that H be left as it is, and that E be modified to exclude the Los Gatos -
Monte Sereno Police Department.
John Bourgeois suggested modifying G to specify public or private schools serving the Town.
Erwin Ordaie> suggested clarifying that it is schools and districts located in the Town and that
serve the Town. John Bourgeois made a motion to recommend approval with these changes. Jot
Pir_vnski seconded the motion.
Matthew Hudes commented that he believes that public schools are part of the community and
private schools are an option that is available to people, however, they do not have to be
accredited.
Charles Erekson commented that using the word "school" may be too open ended.
Joe Pir_ynsk! commented that K -12, public and private is appropriate.
Erwin Ordone- summarized the proposal to read as follows:
".Sll licensed preschool and K -12 school employees of schools and districts geographically
located in and serving the Town, who have been employed for at least one year at the time of
application."
The motion passed 7 -1 (Hudes dissenting).
General Plan Committee Minutes
June I2, 2013
Page 5 of 5
ITEM 3 MEETI\G START TIME
Erwin Ordoiiez informed the Committee that for the rest series of meetings staff is
recommending that the start time be 5:00 pm. There are a number of iterns coming forward
including a proposed General Plan amendment for the Courthouse site and AHOZ templates.
ITEM A ADJOURNMENT
The meeting was adjourned at 6:30 p.m. The next regular meeting is scheduled for June 26,
2013.
Prepared by:
NA 6 b j
Suzanne Avila, Senior Planner
NP•DEVIGPC'M I3 NIlnutes`.GPG 06 t 2 f 3.doc
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RESOLUTION 2012 -054
RESOLUTION OF TIIE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ADOPTING REVISED BELOW MARI(ET PRICE HOUSING GUIDELINES AND
REPEALING RESOLUTION 2009 -108
WHEREAS, the Town of Los Gatos Zoning Ordinance Sections 29.10.3000 through
29.10.2040 establishes a Below Market Price (BMP) Housing Program to assist.iow and moderate
income Los Gatos citizens purchase homes at prices below market value; and
WHEREAS, the Program requires construction of dwellings that persons and families of
low and moderate income can afford to rent or buy, and assures to the extent possible that the
resale prices of those dwelling units and rents, if they are rented, will be within the means of
persons and families of low and moderate income; and
WHEREAS, the Program helps the Town meet State mandated housing goals; and
WHEREAS, systemic changes in the broader housing and finance markets due to the
"Great Recession" have increased the risk of potential foreclosures for homeowners and have
tightened the underwriting standards used by lenders; and
WHEREAS, the Town has identified the need to revise the BMP Housing Program
Guidelines to reflect the changes that have occurred in the liousing and finance markets; and
WHEREAS, this resolution revises the Town of Los Gatos Below Market Price Housing
Program Guidelines,
NOW, THEREFORE, BE IT RESOLVED, that Town Council of the Town of Los
Gatos (1) repeals Resolution 2009 -108; and (2) adopts the Town of Los Gatos Below Market Price
Housing Program Guidelines attached as Exhibit A,
1
ATTACHMENT 3
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 17 °i day of September 2012, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice
NAYS:
ABSENT:
ABSTAIN:
SIGNED: j )-
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST` /, A ,�G ✓�✓
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Exhibit A
TOWN OF LOS GATOS
BELOW MARIO,T PRICE HOUSING PROGRAM GUIDELINES
Purpose
A. Pur ose: The overall purpose of the Below Market Price (BMP) Housing
Program is to provide the Town of Los Gatos with a supply of affordable housing,
While the program is available to all qualified applicants, the general intent of the
program is to provide affordable housing for households who work or currently
live in Los Gatos. The main goal is to increase the housing supply for households
that have median and low incomes compared to the median income for Santa
Clara County and meet the housing needs identified in the Town's General Plan
Housing Element, The Program further intends to ensure, to the greatest extent
possible, that rent and re -sale of these housing units will remain affordable to
median and low income levels for the longest feasible time as approved by an
authorized body. Although the Town has a fee -in -lieu of constructing actual
units option for defined circumstances, the primary objective of the $MP Program
is to obtain actual "rental" or "for sale" housing units rather than equivalent fiords.
All off -site BMP units shall be constructed within the Town of Los Gatos. The
construction and occupancy of the BMP unit is determined according to these
Town Council established guidelines and authorizing ordinances,
B. Enabline L egislation• The Below Market Price Program is governed by Division
6 of the Town Code. The BMP Program is administered under these Below
Market Price Housing Program, Guidelines.
II. Below Market Price IIousing Requirements — General
A. Arorolicability: The BMP Program requirements shall apply to all residential
development projects that include five (5) or more residential units or parcels
which involve:
1. New construction of ownership or rental housing units, including mixed
use developments and addition of units to existing projects, or
2. Subdivision of property for single family or duplex housing development,
or
3. Conversion of rental apartments to condominiums or other common
interest ownership, or
4. Conversion of non - residential use to residential use.
B. Number of BMP Units: All residential developments consisting of five (5) or
more units are required to participate in the BMP Program. The requirements for
participation increase by development size as shown below:
BJW Guidelines
Page ]
1. Five (5) to Nineteen 19 market rate units: The developer shall provide a
minimum number of BMP units equal to ten (10) percent of the number of
market rate units.
2. Twenty (20) to one hundred (100) market rates units: The developer shall
provide a minimum of BMP units as determined by the following formula:
Number of BMP units = (225 x total 9 of market rate units) - 2.5
This formula acts to increase the number of BMP units required, as a
percentage of market -rate units, from 10% to 20% over the range of 20 to
100 market rate units.
3. One hundred and one (101) units or more: The developer shall provide a
minimum number of BMP units equal to twenty (20) percent of the
number of market rate units.
BMP dwellings within a project of rental units shall also be rental units. BMP
units within a project of owner - occupied units shall also be designated as units for
purchase. BMP units within a project that contains both rental and owner-
occupied units shall also be designated as both rental and as units for purchase, in
a ratio similar to that of the market rate units.
The Town and developer may negotiate to provide more BMP units than required
by the roles listed in these guidelines to fulfill a development's Commur ity
Benefit requirements.
C. Fraction of a BMP Housing Units: In determining the number of BMP units
required, any decimal fraction of .5 or above shall be rounded up to the nearest
whole number. Decimal fractions below .5 shall be. rounded down to the nearest
viliole, number.
D. Residential In -Lieu Payments: The general intent of the BMP Program is to
provide the Town of Los Gatos with a supply of affordable housing for
households who work or currently live in Los Gatos. However, there may be
circumstances when the construction of the BMP unit is impractical or there are
unusual circumstances that make the construction of the unit inconsistent with
Town policy. The Town, at its sole discretion, may consider an in -lieu payment
alternative to the required BMP unit in the case of Planned Unit development with
an underlying zone of HR or a residential developments with five (5) to nine (9)
units. Prior to approving the in -lieu fee alternative, the applicant must
demonstrate to the satisfaction of the Town why a BMP unit cannot be (1)
developed on the same site as the market rate units, and if it cannot be. provided
on the same site then, (2) develop at an appropriate off -site location within the
Town limits. If the developer provides sufficient justification that both of these
alternatives are not viable, then a fee in -lieu option may be considered. The
required in -lieu fee is as established by a separate resolution and is to be paid to
BMP Guidelines Page 2
the Town prior to issuance of the certificate of occupancy for the market rate
residential unit that triggered the BMP requirement, The provision for a BMP unit
applies if the project is built under the rules of an overlay zone unless the rules of
the overlay zone provide otherwise.
The in -lieu fee shall be equal to the amount of six (6) percent of the building
Permit valuation for the entire project. The total building permit valuation shall
be determined by the Town Building Official.
Fees shall be paid prior to or at time of final occupancy as follows:
1. Multi - Family Owner Occupied Developments: Prior to occupancy of each
phase, a proportional amount of fees shall be paid, as determined during
the Planning approval process,
2. Multi - Family Renter Occupied Developments: Prior to occupancy of each
phase, a proportional amount of fees -shall be paid, as determined during
the Planning approval process,
3, Single - Family Planned Developments: At time of final occupancy for
each unit.
E. Housing Fund• In -lieu fees will be deposited into the Town's Affordable Housing
Fund. Applications and or recommendations for use of remaining funds will be
reviewed as received. Possible use of the funds include, but is not limited to, the
following:
1. Subsidizing the cost of owner occupied units to make them affordable to
low /moderate income households
2. Purchasing rental units to make them affordable to low /moderate income
households
3. Purchasing land for the future development of affordable housing
4. Developing affordable housing
5. Supplementing of affordable housing projects developed through the Los
Gatos Redevelopment Agency
6. Funding administration of the program, as approved by the Town Council
in its annual budget process
F. Off -Site Construction: The Town Council may consider off -site construction of
BMP units for continuum care facilities and for Hillside Residential (HR) Zone
District and residential developments with five (5) to nine (9) units projects that
have provided sufficient justification to the Town that an on -site BMP unit is not
viable.
G. Phasing of the Construction of On- and Off Site BMP Units On- and off -site
BMP units shall be constructed and Certificate of Occupancies secured
concurrently with or prior to the construction of the market -rate units. The BMP
requirement will be calculated on the basis of the whole development, The Town
BLIP Guidelines
Page 3
Council may grant an exception to these phasing requirements during the Planned
Development project approval process for condominium conversion
developments.
H. Affordability Agreement: The developer of "for sale" BMP units shall enter into
an affordability agreement with the Town. The agreement will ensure that the
BMP units are sold to qualified buyers and will be released by the Town through
the escrow process once the BMP is sold to a qualified buyer.
III. Characteristics of BMP Units
A. Size of units; The size and design of BMP dwelling units shall be reasonably
consistent with the market rate units in the project. The Town and developer may
negotiate regarding the size of units if more units than required are to be provided
under the Community Benefit requirements. BMP units should be provided
proportionately in the same unit type mix (number of bedrooms) as the market
rate units. In consideration of the household size of the households on the current
program interest list, the Torn and developer may negotiate to provide a greater
proportion of a particular unit type. There shall not be significant identifiable
difference between the BMP and market -rate units visible from the exterior. The
size and design of the BMP units must be reasonably consistent with the market -
rate units in the development.
B Location of units: BMP units shall be dispersed throughout the development, to
the extent feasible; in all buildings, on each floor, and in each project phase. A
concentration of BMP units in one location is not desirable and will generally not
be allowed.
C. Finish of units: The external appearance of BMP units should be indiscernible to
that of the market rate units in the project. The internal finish of BMP units
should be identical to that of the market rate units in the project, except that the
developer may request Town approval of substitutions for luxury interior finishes,
appliances, or fixtures, if such substitutions do not violate any Town code
requirement.
D. Project Facilities: All project facilities and amenities, including parking, must be
available on the same basis to the BMP units as to the market rate units in the
project, to the extent feasible.
IV. The BMP Unit Purchase Process; Buyer Selection, and BLIP Unit Sale and Resale
Procedures.
A. Owner Occupied Units
1. Applicant Eligibility
BMP Guidelnies
Page 4
a, Household Income: In order to be eligible to purchase an owner-
occupied BMP miit, an applicant's annual household income must
be no greater than 100% of the Median Family Income (MFI),
adjusted for household size, as defined by the United States
Department of Housing and Urban Development (HUD) for the
San Jose, CA Primary Metropolitan Statistical Area (PMSA),
Household assets, such as meal property, may also be considered in
determining eligibility.
b. Housing Costs In order to be eligible to purchase an owner-
occupied BMP unit, an applicant must also demonstrate the ability
to pay monthly housing costs. The monthly housing cost shall
include the following factors:
1. unit price
2. current lending rates
3, estimated property taxes
h. estimated homeowner's private mortgage insurance (PMI)
costs
homeowners, association fees, if applicable
5, other expenses as determined necessary by the lender
C. Mortgage Financing: All persons must qualify for their own
mortgage financing for the purchase of available BMP units
without assistance from the Town. Qualifications must include the
ability to pay taxes, insurance, closing costs and any homeowner
association fees in addition to the mortgage. All loans used to
purchase or refinance BMP units must be fixed rate and fixed term
without balloon payments to minimize homeowners exposure to
increased risks of mortgage default,
d. Required Down payment: A homebuyer shall have a minimum
down payment that is equivalent to at least 10% of the BMP
purchase price and is required to document the source of all down
payment funds. The minimum 10% down payment is exclusive of
any other supplemental down payment assistance grant or loan
programs available from other agencies.
2. First Time Home Buyers: The Below Market Price (BMP) Program is for
First Time Home Buyers. A First Time Home Buyer, by definition, is an
applicant whose name has not appeared on a residential title in the
counties covered.by the Association of Bay Area Governments (ABAG)
or Association of Monterey Bay Governments (AMBAG) which are
Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San
Francisco, San Mateo, Santa CIara, Santa Cruz, Solano and Sonoma for at
least three (3) years prior to application. Exception is made consistent with
BMP Guidelines
Page 5
the Federal Housing and Urban Development (HUD) definitions (e.g. for
people who were homeowners prior to a divorce, a displaced homemaker,
a single parent who has only owned with a former spouse, a
widow /widower of a veteran, etc.) and for tenants residing in a rental
apartment proposed to be converted to a condominium or other common
interest ownership prior to a Notice of Intent to Convert the development
to an ownership residential unit.
B, Buyer Selection: A point system is used to establish a ranking of applicants for
the purchase of an available unit. Applicants will be ranked according to total
points and must have at least one point to be eligible to purchase a unit. In
addition, applicant households must contain at least the same number of persons
as the number of bedrooms in a unit, at the time of application, in order to be
eligible to purchase that unit, if the unit contains three bedrooms or more.
All points are calculated per household, not for each individual within the
household. For example, a household in which two members are senior citizens
would receive six points for senior citizen. status, not twelve points for two
members having senior citizen status, Points are awarded as follows:
Six points:
a. Senior citizens who reside in the Town at the time of application
and have lived in the Town for at least the prior two years. A
senior citizen is defined as any person 62 years of age or older at
time of application or married couples living together when at least
one spouse is 62 years of age or older at time of application.
b. Senior Citizens who have lived in the Town for at least two years
and have moved Out of the Town. within the last five years prior to
the time of application.
C. Disabled persons who reside in the Town at the time of application
and who have lived in the Town for at least the prior two years.
The definition of "disabled" for the purpose of assigning points
under this section shall be that used by the U.S. Social Security
Administration for the purpose of determining eligibility for Social
Security disability benefits,
d. Households required to relocate their residence as a result of
Council action or mobile home park closure,
e. Regular Full -Time and Regular Part-Time Town employees as
defined in the Town's Personnel Rules, who have been employed
by the Town for a period of no less than 12 months prior to the
time of application.
BMP Guidelines Pas"
£ Single heads of household with dependent children who reside in
the Town at the time of application and have lived in the Town for
at least the prior two years,
2. Four points:
a. Persons who live in the Town of Los Gatos at time of application
and who have lived in the Town at least the prior two years.
b. Persons who work in the Town of Los Gatos at time of application
and have worked in the Town for at least the prior two years,
3. Two points:
a. Households who have lived in the Town for at least 10 years and
have moved out within the last ten years prior to the time of
application.
b. Household size is worth two points per person,
4. One point:
a. Households who live or work within Santa Clara County at the
time of application.
b. Households with an annual household income at or below 60% of
the Median Family Income (MFI), adjusted for household size, as
defined by the United States Department of Housing and Urban
Development (HUD) for the San Jose, CA Primary Metropolitan
Statistical Area (PMSA).
S. A lottery will be used to rank each qualified applicant in the case of a tie.
6. Applicants are provided the opportlmity to purchase available units in
order of point ranking, from most points to least points. An applicant has
two opportunities to refuse to purchase a unit before being removed from
the current applicant pool.
7• Applicants who do not qualify for a particular project or who are not
provided the opportunity to purchase a unit in a particular project shall
retain their eligibility to apply for future projects,
S. An applicant must obtain pre - approval for a mortgage loan within one
week after notification of eligibility to purchase a unit. The applicant
must submit documentation of loan approval within three weeks of
BMP Guidelines
Page 7
notification of eligibility to purchase a unit.
Exception to the Buyer Selection Process: An exception to the Buyer
Selection Process may be granted to a resident of a rental apartment that is
proposed to be converted to an "owner occupied" condominium or other
common interest ownership development. In order to qualify for the
exception, the resident must have resided in the rental apartment prior to
the issuance of the Notice of Intent to Convert the development to an
ownership project and shall meet the financial eligibility requirements to
qualify for a BMP unit. The resident shall be provided first right of
refusal, regardless of point ranking, for units in the following order:
a. The unit they reside in if it is designated as a BMP unit.
b. Any other available BMP unit.
C. Determination of Initial Selling e rice: BMP units shall be priced to be affordable
to households in two income categories: Median Income Households (those
whose income is above 80 %, but no greater than 100 %, of the County Median
Income); and Low Income Households (those whose income is above 50 %, but no
greater than 80 %, of the County Median Income).
Fifty percent (50 %) of the units in a project shall be priced to be
affordable to Median Income Households; fifty percent (50 %) shall be
priced to be affordable to Low Income Households. Whenever the
calculations result in fractional units, then the number of units priced to be
affordable to Low Income Households shall be rounded up to the next
whole number, and the number of units priced to be affordable to Median
Income Households shall be rounded down to the next whole number,
inchiding zero (0): The following table applies this formula to projects
with 1, 2, and 3 units:
Total Number of
BMP Units in Project
Units Priced for
Low Income Households
Units Priced for Median
Income Households
1
1
0
2
1
1
3
2
1
The Town and developer may negotiate regarding the affordability mix of
units, to fulfill a development's Community Benefit requirements.
The affordability level of a unit shall be for the purpose of setting the
Btv1F Guidelines Page 8
initial selling price only, and do not prevent its sale to any household
eligible to purchase an owner - occupied BMP unit, as set forth in these
Guidelines.
2. Annually, the Town shall set the initial unit sales price for each unit type
(number of bedrooms), for each of the two income categories, These
initial sales prices shall be set using the most recent Median Family
Income (MFI) figures from the United States Department of Housing and
Urban Development (HUD) for the San Jose, CA Primary Metropolitan
Statistical Area (PMSA), and through the following calculations;
a. For units to be priced to be affordable to Median Income
Households: the average of the 100% MFI annual income and the
80% MFI annual income (assuming household size appropriate to
size of unit) x Multiplier = Initial Sales Price,
Example: 100% MFI (4- person/4 bedroom) = $105,000
80% MFI (4- person/4 bedroom)= $75,700
Average MFI = ($105,000 + $75,700 ) divided by 2
= $90,350
Average MFI X Multiplier = Initial Sales Price
1. Assumptions of household size by size of unit are as
follows;
These assumptions of household size by size of unit shall
be for the purpose of setting the initial sales price only, and
do not prevent the sale of any unit to any household eligible
to purchase an owner - occupied BMP unit, as set forth in
these Guidelines,
BMP Guidelines -
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Household Size
Studio
1
1 Bedroom
1
2 Bedroom
2
3 Bedroom
3
4 Bedroom
4
These assumptions of household size by size of unit shall
be for the purpose of setting the initial sales price only, and
do not prevent the sale of any unit to any household eligible
to purchase an owner - occupied BMP unit, as set forth in
these Guidelines,
BMP Guidelines -
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For units to be priced to be affordable to Low Income Households:
the average of the 30% MFI annual income and the 50% annual
income (assuming household size appropriate to size of unit) x
Multiplier = Initial Sales Price.
Example: 50% MFI (4- person/4 bedroom) _ $ 52,500
80% MFI (4- person/4 bedroom)= $75,700
Average MFI = ($52,500 + $75,700) divided by 2
_ $ 64,100
Average MFI Y Multiplier = Initial Sales Price
C. Calculation of Multiplier. A Multiplier shall be calculated, based
on reasonable assumptions about unit sales prices, based on the
most recent comparable sales of BMP units; current lending rates,
as determined by the most recent Primary Mortgage Market
Survey (PMMS) conducted by the Federal Home Loan Mortgage
Corporation (Freddie Mac); and related costs; and using the
following formula:
Determination of Total Housing Cost: Sample sales price -
10% down payment = mortgage. Annual debt service on
mortgage + annual property taxes + annual homeowners
fees + annual private mortgage insurance (PMI) = Total
Annual Housina Cost.
2. Determination of Minimum Household Income: Assuming
one -third of household income goes for housing expenses,
Total Armual Housing Cost x 3 = Minimum Annual
Household Income.
3. Determination of Multiplier: Sample Sales Price/Minimum
Annual Household Income = Multiplier.
Copies of the initial sales prices, and the calculations made, shall
be available on request from the Town's Community Development
Department.
D. Deed Restrictions /Request for Notice: Council approved Deed Restrictions shall
be recorded with each Below Market Price dwelling unit. In addition to the Deed
Restriction, the Town shall also require that a Request for Notice for the benefit
BNT, Guidelines Page 10
of the Town be recorded for each lender Deed of Trust record on title.
E. Resale of Units:
1. If the owner elects to sell his /her unit, the Town must be notified in
writing by the owner,
2. When a Below Market Price dwelling unit becomes available for resale,
the Town shall set the resale price and make the unit available for
purchase through the BMP process.
3. The Town determines the resale price in accordance with the deed
restriction recorded on the property,
4. The homeowner, as noted in the recorded Deed Restriction, is responsible
for paving all closing costs (including commissions or fees).
F. Occupancy of Units
Consistent with the deed restriction that will be recorded on the subject property,
the household purchasing a BMP unit must occupy the unit as his or her primary
residence during his or her ownership of said unit.
V. Requirements for BMP Rental Development
A. Administration: The program shall be administered by the Town or its designee.
B. Applicant Eligibility
Household Income: In order to be eligible to rent a BMP rental unit, a
household's annual income must be no greater than 80% of the Median
Family Income (MFI), adjusted for household size, as defined by the
United States Department of Housing and Urban Development (HUD) for
the San Jose, CA Primary Metropolitan Statistical Area (PMSA). Priority
will be given to those households whose income is less than 500/, of the
MFI. Household assets may also be considered in determining eligibility.
2. Ability to Pay Rent A tenant's ability to pay monthly rent will also be
considered in determining tenant eligibility.
C. Tenant Selection: The property owner or manager of the development shall
market the BMP imit(s), and solicit rental applications. Applications from tenants
selected by property owner or manager will be forwarded to Town or designee for
verification of income eligibility,
D. Management
IItvlP Guidelines
Pagel l
BMP rental units shall be managed by the property owner or manager in
the same manner as other units in the development.
2. Tenants of BMP rental units are eligible to receive conciliation and
mediation services provided through the Town's Rental Dispute
Resolution Program except as they regard rent increases.
E. Unit Rents: Rents may not exceed 80% of the most current Fair Market Rents as
determined by the Santa Clara County Housing Authority.
Annual Review: If a tenant's income increases so that it falls between 80 and 100
percent of MFI, then the rent may be increased in accordance with the Town's
Rental Dispute Ordinance; and the unit shall still be considered a BMP Rental
Unit. However, if a tenant's income exceeds 100 percent of MFI, the rent may be
increased to the average rent of similar units in the complex; in this latter case, the
unit will no longer be a BMP unit and the next available unit that is comparable in
size shall be designated as a BMP unit in its place, and must be rented to an
eligible household so that the member of BMP units within the project remains the
same.
G. Deed Restrictions: Council approved Deed Restrictions shall be recorded for each
Below Market Price rental dwelling unit.
V1. RENTAL UNITS- NEW SECOND DWELLING UNITS
A, Administration: The program shall be administered by the Town or its designee.
B. Second Unit Incentive Program: 29.10.310 of the Town Code, may choose to
participate in the Second Unit Incentive Program (SUIP) as referenced in Section
29.10.320(a) of the Town Code and as set forth below.
1. The SUIP consists of a no interest construction loan to a property owner
who intends to develop a new second unit. The loan amount shall be
determined based on the square foot construction cost as set forth in the
current version Uniform Building Code as adopted by the Town for new
construction and remodels. The loan amount will be calculated at 100%
of the construction cost if the unit is income and rent restricted to serve
households with incomes below 50% of the Median Family Income
(MFI), adjusted for household size, as defined by the United States
Department of Housing and Urban Development (HUD) for the San Jose,
CA Primary Metropolitan Statistical Area (PMSA), or 80% of the
construction cost if the unit is income and rent restricted to serve
households with incomes below 80% of MFI.
When a property owner participates in the SUIP, a deed restriction shall be
recorded on the property. The deed restriction shall stipulate the rental
BMT Guideline.¢ Pa °e 12
rate, tenant income level, duration of affordability and loan repayment
requirement as well as any other criteria as determined appropriate by the
Town.
3. A SUIP loan to construct a second unit within the Central Los Gatos
Redevelopment Project area shall be funded using Redevelopment
Affordable Housing Funds and shall remain affordable for 55 years. A
SUIP loan to construct a second unit outside the Central Los Gatos
Redevelopment Project area shall be funded using BMP Program Funds
and shall remain affordable for 30 years. The SUIP affordability
restrictions as set forth in this section may only be amended by action of
the Town Council.
4. A tenant's ability to pay monthly rent will also be considered in
determining tenant eligibility. Applications from tenants selected by the
property owner or manager will be forwarded to the Town or its agent for
verification of income eligibility. Rental agreements shall be submitted to
the Town or its agent to verify compliance with the provisions of this
section. Tenants are eligible to receive conciliation and mediation
services provided through the Town's Rental Dispute Resolution Program
except as they regard rent increases.
5. Units targeted to households with incomes up to 80% of the Median
Family Income (MFI) shall have rents restricted to 80% of Fair Market
Rents as determined by the Santa Clara County Housing Authority. Units
targeted to households with incomes up to 50% of CMI shall have rents
restricted to 50% of Fair Market Rents as determined by the Santa Clara
County Housing Authority. Tenant rents and incomes will be monitored
annually.
(FrNTAL: Approved by Town Council 9 -17 -2012)
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