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CC Resolution No. 99-162RESOLUTION NO. 99~162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE HOUSING MITIGATION MANUAL WHEREAS, the city of Cupertino General Plan authorized an inclusionary zoning program; and WHEREAS, the Housing Mitigation Manual is the framework for the inclusionary zoning program (Cupertino Below Market Rate Program); WHEREAS, the Cupertino Housing Committee and Planning Commission are recommending amendments to the Housing Mitigation Manual; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cupertino hereby adopts the proposed amendments to the Housing Mitigation Manual. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of June, 1999, by the following vote: Vote Members of the City Council AYES: Bumett, Chang, Dean, James, Statton NOES: None ABSENT: None ABSTAiN: None ATTEST: APPROVED: Mayor, City o~upertino City of Cupertino Housing Mitigation Procedural Manual Amended by City Coucil June 7, 1999 Resolution No. 99-162 City of Cupertino Housing Division Department of Community Development 10300 Torte Avenue Cupertino, CA 95014 Voice: (408)777-3251 Fax: (4~8)777-3330 City of Cupertino City Council Wally Dean, Mayor John Station, Vice Mayor Don Burner Dr. Michael S. Chang Sandra James Planning Commission David Doyle, Chairperson Andrea Hams, Vice Chairperson Charles Corr Patrick Kwok Jerry Stevens Staff Donald Brown, City Manager Robert S. Cowan, AICP, Director of Community Development Ciddy Wordell, AICP, City Planner Colin Jung, AICP, Associate Planner Michele Bjurman, AICP, Planner II Vera Gil, Planner II Yvonne Kelley, Administrative Secretary Nancy Czosek, Administrative Clerk Carol At'wood, Director of Administrative Services Charles Kilian, City Attorney Steve Dowling, Director of Parks and Recreation Kimberly Smith, City Clerk Bert Viskovich P.E., Director of Public Works INTRODUCTION INTRODUCTION AssemblyBillNo. 1600 (AB 1600, statutesof1987, 1988 and 1989, California Government Code, Section 66000-et seq.) establishes the standards for those cities imposing development fees. To reiterate the standards, the City must show a relationship (nexus) exists between the fee's use and the type ofpmj ect, identify the purpose of the fee and identify the use of the fee. The City of Cupertino has addressed these standards with the nexus study which was commissioned in 1991. The study, ("A Study to Examine the Relationship of Land Use and the Creation of Additional Housing Needs", Planning Resource and Associates, January 1992) evaluated the relationship between land use and affordable housing. The "nexus" study showed that all new developments create additional housing needs and placed additional slrain on the City's Affordable Housing programs. However, the City Council felt that requiring retail developers to provide affordable housing would negatively impact the City economically. Therefore, residential and office/industrial developers are required to mitigate the need for additional housing units. This document establishes procedures to implement housing mitigation as required by the General Plan Housing Element. The programs will be administered by the City or its agent. This procedural manual consists of two major components, Section One addressing the office and industrial mitigation and Section Two addressing residential housing mitigation. Page REVISED 6/99 CITY OF CUPERTINO HOUSING MmGATION MANUAL Page 2 '~EE GENERAL PLAN POLICY 3-26 OFFICE AND INDUSTRIAL MITIGATION Section One: Office and Industrial Mitigation 1.01' Objective The purpose of Cupertino's Office and Industrial Housing Mitigation Program is to acknowledge housing needs created by the development of of office and industrial projects and provide nominal fees to support the development of affordable housing for families and individuals who work in Cupertino but live elsewhere. This policy will help alleviate regional traffic congestion by reducing distances between residence and workplace. For the purposes of Section One of this manual, the terms "developer", "company", and "owner" shall be synonymous. 1.02 Program Requirements 1.02. 01 Application of Program Housing mitigation shall apply to new development of office and industrial space. Office and industrial development, which has a valid use permit at the adoption of the General Plan (June 1, 1993), shall be exempt. 1.02.02 Mitigation Fee Developers shall pay a fee as determined by the City Cotmcil. The fee shall be adjusted annually using the Consumer Price Index (all items index for the San Francisco Bay Area) and shall only b~ used for the provision of affordable housing in Cupertino. The options for use ofthe fee include, but are not limited to the following: a. Development of new affordable units. b. Conversion of existing market rate units to affordable units c. Down payment assistance programs d Second mortgage programs In the event the funds are not used for affordable housing within five years fee will be returned to the developer as per AB 1600. CITY OF CUPERTINO HOUSING MrTIGATION MANUAL REVISED 6/99 RESIDENTIAL MITIGATION Page 2.01 2.02 2.02.1 2.02.2 Section Two: Residential Mitigation Objective The purpose of thc Residential Mitigation portion of the program is to provide the City of Cupertino with a supply of affordable housing for households who working and residing in Cupertino. The mare goal is to provide a safe, clean living environment for those families and individuals making a contribution to Cupertino and its residents. Public service employees make especially high contributions to Cupertino and its residents by ensuring public safety and providing other vital services. As such, they shall receive a high priority in the placement system. Program Requirements Application of Program Housing mitigation shall apply to all new residential developments of one unit or greater. Residential developments which have submitted permit applications to the Building Division prior to the approval of the General Plan (June 2, 1993) shall be exempt. Mitigation Requirement Residential developeas shall designate at least 10% of the un/ts in a development as "affordable". If the developer is constructing "for-sale" housing, the afforrlahle units must serve median and moderate income families. If the units being constructed are rental units, then they must serve very low income and low income families. Fifty percent (50%) of the Below Market Rate (BMR) units shall be affordable to each income level. For example, if the development consists of 120 rental units, then 12 units shall be affordable (6 to low income and 6 to very low income). When 50% of the BMR units results in an odd number, then the "extra unit" shall benefit the very low income category in the case of rental units or median income in the case of ownership developments. For example, ifa rental developer must provide 7 BMR units, 3 shall be for low income households and 4 shall be for very low income households. For condominiums used as rental housing, the BMR units shall be made available to low and very low income families. Should the complex owner decide to sell the individual condominiums units, then said owner must allow the BIVIR residents one-year to secure new housing. After the BMR units have been vacated (during the conversion to condo use), the units will be sold to median and moderate income families or individuals and will be deed restricted by the City for the remainder of the term of affordability. In phased developments, the BMR requirement shall be assessed against the overall development plan and not the individual phases of the proposed master plan. In all cases, the BMR units should be developed in a time firame consistent with the overall development. SEE GENERAL PLAN POLICY 3°30 SEE GENERAL PLAN POLICY 3-33 REVISED 6/99 CITY OF CUPERTINO HOUSING MmGATION MANUAL Page 4 SEE GENERAL PLAN POLICY 3-35 SEE GENERAL PLAN POLICIES 3-35 AND 3-36 RE~!DENTIAL MITIGATION When thc computed housing mitigation requirement results in a fi.action of a unit, the developer's obligation shall be as follows: 0 - .49 of a unit: Round down .50 - .99 of a unit: Round up. 2.02.03 Mitigation Options In projects of one to nine units, the developer may pay a fee in lieu of development of the affordable units or meet the requirement with alternatives consistent with the Housing Element of the General Plan. Developments consisting often umts or more must develop the BMR units on- site using the standards set forth in this procedural manual. 2.02.04 In-Lieu Fee Developers shall pay a fee as det~mdned by the City Council for developments of one to nine units. The fee will be assessed on a per square foot basis (inclusive of garages) on all new development and be adjusted annually using the Consumer Price Index (all items for the San Francisco Bay Area). For the purposes of assessing the fee, new development shall ~ defined ~ ,d. eve!opm.ent on an existing vacant lot or redevelopment of a lot wlaere an extsung hOUSing unit has been demolished. The in-lieu fee (collected for projects of less than ten units) shall only be used for the provision of affordable housing in Cupertino and will be collected at the building permit stage of development. The options for use of the fee include, but are not limited to, the following: · a. Development of new affordable units b. Conversion of existing market rate units to affordable units c. Down payment assistance programs d. Second mortgage programs In thc event the funds are not used for thc purposes they were exacted or utilized within five years from the date thc fee was collected, the in-lien fee will be returned to the developer as per AB 1600. 2.02.05 Definition of Affordability An affordable unit is one which is affordable to households earning 120% or less of the median income for the County of Santa Clara as defined by the federal Depas tment of Honsing and Urban Development (HUD). The State of California and HUD definition of"affordability" shall be used to generally define the parameters for the purposes of this program. Currently, both government entities define ,a~,o_rdability as monthly housing, costs w .hic,h d,o not exceed30% ofahousehold s gross monthly income. Honsmgcosts mcmue not only rent and mortgage payments, but also utilities, homeowner's insurance, homeowner's association dues and property taxes. 2.02.06 Qualification for Affordable Units Applications shall be solicited as necessary to maintain adequate application pools. Exhibits C and D will be used to give pref~re.ce to qualifying Cupertino CiTY OF CUPERTINO HOUSING MmGATION MANUAL REVISED 6/99 RESIDENTIAL MITIGATION residents, Cupertino public service employees and individuals working full- ' time in Cupertino. 2.02.07 Sale Prices for Affordable Units For ownership units, the selling price shall not exceed those shown in Exhibit B. 2.02.08 Rental Rates for Affordable Units Rental rates for thc affordable units shall not exceed those listed in Exhibit B. 2.02.09 Annual Revision of Sale Prices and Rental Rates Both the affordable selling prices and rents for the affordable units shall be updated on an annual basis in conformance with the HUD Income Guidelines as established for thc County of Santa Clara by the United States Department of Housing and Urban Development (HUD). 2.02.10 Project Conformance Affordable units shall generally reflect the total project mix in terms of bedroom count and size of unit. The units shall be scattered throughout the site and shall conform to the exterior appearance of the other units in the project. Buyers should be permitted to upgrade fit and finishes prior to the close of escrow. Low/very low income units can be substituted for market rate un/ts at the developer's discretion. 2.03 City Contributions 2.03.01 Density Bonus To maximize housing opportunity and partially assist the developer by reducing or eliminating the development cost for the affordable units, a density bonus consistent with Ordinance No. 1569 ("An Ordinance of the City Council of thc City of Cupertino Adopting and Implementing the State Density Bonus Law") may be permitted. The bonus units shall be permitted providing they can reasonably be accommodated on the site and meet City standards. Residential/housing mitigation requirements shall apply to the density bonus units. 2.03.02 Elimination of Certain Amenities in Affordable Units Internally, the affordable units may differ from other .un~? !n the p.r.oj ect b.y eliminating certain amenities, which are constdcred to oc luxury items, m order to reduce costs. However, the exterior design of the unit shall be consistent with other units in the project. Items such as plumbing and lighting fixtures, hardwood floors and marble enlxies may be considered luxury items and less expensive materials may be substituted. Thc following items shah be considered standard and may not be reduced or eliminated by the developer: dishwashers garbage disposals, cooking facilities, and laun .drT. facilities (either on-site or in each individual uni0. Any reduction in amemt~es must be approved by the Cupertino Housing Committee. Page 5 REVISED 6/99 CITY OF CUPERTINO HOUSING MITIGATION MANUAL Page 6 SEE GENERAL PLAN POLICY 3-16 SEE GENERAL PLAN POLICY 3-34 SEE GENERAL PLAN POLICY 3-19 RESIDENTIAL MITIGATION 2.03.03 2.03.04 Financial Assistance If the project qualifies, the City may choose to utilize Affordable Housing Fund monies to create a greater pementage of affordable units at the 50% (very-low income) and 80% (low income) price levels. Fee Waivers The City shall waive park dedication and construction tax fees for affordable 2.03.05 Priority Processing The City shall, wherever possible, expedite the processing of developments with affordable units. 2.03.06 Management Agreement The City shall enter into an agreement with a management agency to administer the buyer selection process and manage the BMR rental program. To assist developers in distancing themselves from the management and sale of the BMR units, developers shall have their affordable units managed and sold under the City agreement with the management agency. 2.03.07 Subordination Restrictions The City agrees to subordinate this housing mitigation program to any construction lender and to individual first deeds of trust to the extent of 90% of the below market rate value. The City shall have the nonexchisive right to cure a default to preserve the housing mitigation program. 2.04 Applicant Qualifications 2.04.01 Applicant Qualifications for Ownership Units The BMR program is designed to assist first-time homebuyers with incomes between 80% and 120% of the median for the County of Santa Clara as established by HUD. Applicants will be eligible according to the family size and income criteria indicated on Exhibit B. 2.04.02 Applicant Qualifications for Rental Units The program is designed to assist low and very low income families which are defined as families with an income less than 80% of the median income for the County of Santa Clara as established by HUD. Applicants will be eligible according to the family size and income criteria indicated in Exhibit B. 2.04.03 Solicitation of Applicants Applications for BMR units shall be solicited as necessary to maintain adequate application pools. Applicants will receive a point for meeting each of the following descriptions: Cupertino resident; full-time Cupertino public service employee and p=m~anent full-time employee working in Cupertino. CITY OF CUPERTINO HOUSING MmGATION MANUAL REVISED 6/99 RESIDENTIAL MITIGATION Applicants accumulating the maximum three points shall be considered thc highest priority, with applicants receiving two points, being ~e s.eco .nd hi,'.ghest priority and applicants with one point being the third highest pnonty. Appncants receiving zero points are considered the lowest priority. Within each priority group, wa/ting list numbers shall be assigned based upon the date the application was received. Z04.04 Applicant Submittals All applicants remaining on the waiting list shall submit, on an annual basis, proof of: a. Residency b. Place of Employment c. AnnualGross Income d. Other Assets 2.04.05 Definition of First-time Homebuyer An applicant shall be considered a first-time homebuyer if their name has not appeared on a residential property title for a principal residence in at least three years. This definition applies to properties owned in foreign countries as well as the United States. 2. 04.06 Definition of Public Service Employee Public Service employees are defined as teachers from the Cupertino Union School Disctrict, Fremont Union High School District and DeAnza College and employees of the City of Cupertino and Cupertino Library.. Santa Clara County Fire Depa~h,ent and Santa Clara County SheriffDepartment employees must work within the city limits to be eligible for housing assistance, reassignment to another city/county area is cause for removal from the eli.gibility list. However, if the Fire or Sheriffemployee has received housing assistance and is reassigned, the employee will not need to be relinguish the housing unit. 2.04.07 Required Length of Residency and Employment Households applying under priority description one and three shall provide proof of residency or employment in Cupertino for at least one year. Utility bills and rental agreements shall be considered proofofresidency. Cupertino employees must show proof of being employed at a full-time, permanent job. A letter fiom the personnel depamaent of the employer and one year's paycheck stubs shall serve as sufficient proof. Applicants providing proof of longer residency or employment shall receive greater weighting in the priority rating system. 2.05 Buyer Selection for Ownership Units 2.05.01 Prioritization of Applications Applications shall be prioritized in the order of qualifying Cupertino residents, Cupertino public service employees, individuals working in Cupertino, and immediate family of Cupertino residents. Regardless of priorities, appli cants must still meet income eligibility requh m~ents as described in sections 2.04.01 of this manual. Page 7 REVISED 6/99 CITY OF CUPERTINO HOUSING MmGATION MANUAL Page 8 RESIDENTIAL MITIGATION Applicants who qualify for units shall be selected from the eligible applicant pool as units become available for sale. The applicant's placement on the waiting list shall be established by the priority rating system described in Exhibit C. All applicants must continue to meet eligibility requirements to remain on the waiting list. The waiting list shall be purged atter one-year. 2.05.02 Price Determination The income range of the buyers shall determine the unit type and sale price as indicated in Exhibit B. 2.05.03 Applicant's Right to Refusal of Unit An applicant have one oppommitiesy to refuse a development before being removed from the c~t applicant pool. Applicants who do not qualify for a particular development shall retain their eligibility. 2.05.04 Lending Institutions The prospective buyer, when seeking financing, may choosE to contact lending institutions that have been briefed by the City or its agent. 2.05.05 Insurance Requirements Prior to the sale of any unit, the City shall require that each purchaser execute a subrogation agreement whereby the City shall be named the additional insured party to any policy of fire or casualty insurance and will be entitled to any such policy proceeds in excess of the affordable unit purchase price. 2.06 Deed Restrictions (Ownership Units) 2.06.01 Occupancy Conditions Units must be owner-occupied. 2.06.02 Lease, Rent, or Sublet of Units Owner is not permitted to lease, rent, sublet the unit, or otherwise assign their interests in the property without the express written permission from the City or its property management agency. The lessee must meet the same requirements imposed on the owner. The lease shall be subject to review by the City or its agent. CITY OF CUPER'nNO HOUSING MITIGATION MANUAL ' REVISED 6/99 RESIDENTIAL MITIGATION Page 9 2.06.03 Resale Price Sale of a unit is controlled by the original purchase price, plus changes in the Consumer Price Index for the Bay Area as well as the market value of any substantial improvements made by the owner. Value of improvements, if any, are to be established by a property appraisal. 2.06.04 Right of First Refusal During the period that an affordable unit is maintained at an affordable price the City has the right of first refusal on the sale of any of those units. Within sixty (60) days of notice from homeowner, the City must decide whether it will exercise this option. 2.06.05 Condition of Units Units shall be kept in good repair and resale price shall reflect the condition of the unit. 2.06.06 Terms of Affordability The deed restrictions imposed on each affordable unit pursuant to thc program shallrernain in effect for a period of 99 years from the date of original sale of that unit. Furth=mtore, thc ms,ale restrictions shall renew at each change oft/tie. 2.07 Procedure for Resale of Units · 2. 07-Of 2.07.02 Owners Responsibility If the owner elects to sell his unit, the City and/or its agent must be notified in writing. Resale Price Calculation During thc respective program period the resale price will be established based on thc following: a. Original Purchase Price. b. Cumulative increases or decreases during the period o f ownership, as indicated by the Consumer Price Index. c. The value of any substantialimpmvements or damage to the unit. d. Administrative costs incurred by the property management agency or other selling agent to sell the unit. 2.07-03 Purchaser As units become available for resale, Tthc next q~alifi ed buyer in thc application pool will be notified. REVISED 6/99 CITY OF CUPER'rlNO HOUSING MITIGATION MANUAL Page 10 RESIDENTIAL MITIGATION 2.08 Tenant Selection for Rental Units 2.08.01 Prioritization of Applications Applicants will receive a point for meeting each of the following descriptions: Cupertino resident; full-time Cupertino public service employee and p~tmanent full-time employee working in Cupertino. Applicants accumulating the maximum three points shall be considered the highest priority, with applicants receiving two points being the second highest priority and applicants with one point being the third highest priority. Applicants receiving zero points are considered the lowest priority. Within each priority group, waiting list numbers shall be assigned based upon the date the application was received. Regardless of priority placement, applicants must still meet income eligibility requirements as described in section 2.04.02 of this manual. Applicants who qualify for a development shall be selected from the eligible applicant pool as units become available for rent. The applicant's placement on the waiting list shall be established by the priority rating system described in Exhibit C. All applicants must continue to meet eligibility requirements to main on the waiting list. The waiting list shall be purged after one-year. 2.08.02 Rental Rate Determination The income range of the tenant shall determine the unit type (and therefore the maximum rental rate of the unit) by using Exhibit B. 2.08.03 Applicant's Right to Refusal of Unit An applicant have one oppommity to refuse a development before being removed from the current applicant pool. Applicants who do not qualify for a particular development shall retain their eLigib~ty. 2.09 Leasing an Affordable Unit (Rental) 2.09.01 Availability of Units An affordable unit shall not be available for lease until the units are formally accepted by the City. 2.09.02 City Contractor's Role in Leasing of Units The developer shall utilize thc services of the City's management agency to assist in the selection of tenants. The services of this agency shall be funded out of the in-lieu or Commumty Development Block Grant (CDBG) funds and shall be monitored by the City. 2.09.03 Previewing of Unit It is the applicant's responsibility to contact the management agency to preview the unit. CITY OF CUPERTINO HOUSING MITIGATION MANUAL REVISED 6/99 RESIDENTIAL MITIGATION i 2.09.04 Occupancy Conditions It is the intent of this policy that the original lessee shall occupy the unit during the term of the lease. However, if special conditions require that the unit be sublet, the applicant/tenant is only permitted to sublet the unitro ~ qualified households with the express written permission from the City of Cupertino and its agent. Should an additional occupant (roommate, family member, etc.) moveintothe i unit, be/she will be considered part of the existing household. In such cases, the BMR tenant must notify the City and/or it's agent. Furthermore, the entire household (including the new occupant) will be reevaluated to determine eligibility, including household income requirements. 2.09.05 Annual Requalification On an annual basis, the city or its agent shall requalify tenants to verify they are eligible to remain in the below market rate rental units. Requalification shall be based upon the tennant's income, as determined by the most recent pay stub, and family size. If no longer eligible for the below market rate rental unit, the tennant will have three months to locate alternate housing and vacate the BMR rental unit. 2.10 Deed Restrictions (Rental Units) 2.10.1 Condition of Units/Complex The units/complex shall be kept in good repair and the resale price shall reflect the condition of the units/complex. 2.10.2 Terms of Affordability · Deed restrictions placed on each unit/complex pursuant to the program shall remain in effect for aperiod of 99 years from the date of first occupancy of the unit/complex and shall become null and void upon the expiration of that period, unless it is extended by the developer in order to take advantage of incentives resulting fxom changes in public policy and programs. These deed restrictions shall mn with the property and not be affected by the sale of the complex, orthe individual units within the complex, prior to the completion of the term ofaffordability. In the event the program is terminated prior to the 99 year period through formal action by the City Council, deed restrictions shall be null and void. Full ownership rights o fthe units/complex shall reve~t to the owner at the time of termination. 2.10.3 Appeal Process Any portion of this manual may be appealed. A written request is required from the appellant. The request should be addressed the Commumty Development Director. Any.appel. 1..wi~ b.e referred to th~, Cu.p.erti~.o, Ho~ing Committee for recommendalion within tlur~ (30) days mine date o~me wnnen request. The recommendation from the Cupertino Housing Committee will then be forwarded to the City Council for final ruling. All City Council rulings on the appeal are final. Page 11 REVISED 6/99 CITY OF CUPERTINO HOUSING MmGATION MANUAL Page 12 EXHIBITS EXHIBIT A HUD income categor~ limits based on household size. Income Category, and u~-.~e [ ! 2 3 VexyLow 0%-50%I 28,900 33,050 37,150 Low 51%-80%[ 37,200 42,500 47,800 ~ 8!~ iO~l 57,800 66,100 74,350 M~lOl%r~2~ 69,350 79,300 89,200 6 7 8 41,300 44,600 47,900 51,200 54,500 53,100 57,350 61,600 65,850 70,100 82,600 89,200 95,800 102,400 109,050 99, I00 107,050 114,950 122,900 130,800 CITY OF CUPERTINO HOUSING MITIGATION MANUAL REVISED 6/99 EXHIBIT B (All tables current 3/99) EXHIBITS i Page Maximum Sale Price of Affordable Units by Household Size and Number of Bedrooms Household Numberof Median Moderate Size Bedrooms Income Income 1-2 i $123,500 $165,500 2-4 2 $165,500 $216,000 3-6 3 $203,500 $261,500 4-8 4 $238,650 $303,900 Rental Rates of Affordable Units by Household Size and Number of Bedrooms Household ~ :Number~of?!'!!! ?~Ve~!Low ~Low :Size BedroomS?~ ?! !IncOme Income 1-2 1 $700 $950 2-4 2 $850 $1,100 3-6 3 $950 $1,300 4-8 4 $1,100 $1,450 REVISED 6/99 CITY OF CUPERTINO HOUSING MITIGATION MANUA Page 14 EXHIBITS Exhibit C (to be used by contractor) PRIORITY RATING SYSTEM The following factors and point totals are used to determine an applicant(s) qualification for the Cupertino Below Market Rate (BIVIR) Program. Please check all that apply. A) I am a Cupertino RESIDENT. B) I am a PERMANENT FULL-TIME (or equivalent)* PUBLIC SERVICE* * employee. C) I am a PERMANENT FULL-TIME employee working in Cupertino. APPLICANT'S TOTAL POINTS * Full-time means 35 hours or more of employment at the same company located in Cupertino. ** Public Sei'vice employees are defmed as teachers from the Cupertino Union School Disctrict, Fre- mont Union High School District and DeAnza College and employeers of the City of Cupertino and Cupertino Library. Santa Clara County Fire Department and Santa Clara County SheriffDepartment employees must work within the city limits to be eligible for housing assistance, reassignment to an- other city/county area is cause for removal from the eligibility list. However, if the Fire or Sheriff employee has received housing assistance and is reassigned, the employee will not need to relinguish the housing unit. IMPORTANT NOTE: Each adult over the age of 18 is required to complete this form with the applica- tion. All priorities being equal, seniority shall establish the applicant's position on the waiting list. For example, if lwo applicants are Cupertino residents and have the same number of points, the applicant having been on the waiting list for the longest period will receive the lower waiting list number or highest position on the waiting list. CITY OF CUPERTINO HOUSING MITIGATION MANUAL REVISED 6/99 EXHIBITS Page 15 Exhibit D CUPERTINO BELOW ~T KATE (BMR) PROGRAM QUESTIONAIRE NAME ADDRESS CITY STATE ZIP HOME PHONE ( )_ WORK PHONE ( ). Please check ALL descriptions of your living and employment circumstancest that apply. This document will assist in determining your qualifications for the Cupertino BMR Program: A) I ara a Cupertino RESIDENT. B) I am a PERMANENT FULL-TIME (or equivalent)* PUBLIC SERVICE** employee. C) I am a PERMANENT FULL-TIME employee working in Cupertino. APPLICANT'S TOTAL POINTS * Full-time means 35 hours or more of employment at the same company located in Cupertino. ** Public Service employees are defined as teachers from the Cupertino Union School Disctrict, Fre- mont Union High School District and DeAnza College and employeers of the City of Cupertino and Cupertino Library. Santa Clara County Fire Department and Santa Clara County Sberiff Deparmaent employees must work within the city limits to be eligible for housing assistance, reassignment to an- other city/county area is cause for removal from the eligibility list. However, if the Fire or Sheriff employee has received housing assistance and is reassigned to a different community, the employee will not need to relmguish the housing unit. IMPORTANT NOTE: Each adult over the age of 18 is required m complete this form with the apphca- tion. All priorities being equal, seniority shall establish the apphcant's position on the waiting hst. For example, if two applicants are Cupertino residents and have the same number of points, the applicant having been on the waiting list for the longest Period will receive the lower waiting list number or highest position on the waiting list. Thank you for your interest in the Cupertino BIVlR Program. REVISED 6/99 CITY OF CUPERTINO HOUSING MmGATION MANUAl